PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING CLASSIFICATION FOR STUART YACHT CORPORATION (S200-002)
end
EXECUTIVE SUMMARY:
executive summary
This is a request by Fox McCluskey, PLLC, on behalf of Stuart Yacht Corporation, for a proposed amendment to the County zoning atlas. The proposed amendment is to change the existing zoning district classification for approximately 0.98 acres from R-2 (Single-Family Residential) district to WGC (Waterfront General Commercial) district. The approximately 0.98-acres property consists of three parcels located at 454, 458, and 500 SW Salerno Road, on SW Chase Court, approximately 200 feet south of SW Salerno Road and west of South Kanner Highway in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Luis Aguilar
Title: Principal Planner
REQUESTED BY: Fox McCluskey, PLLC
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The existing R-2 designation, a Category "B" district, is not compatible with the existing Commercial Waterfront Land Use Designation pursuant to Section 3.10, Land Development Regulations (LDR), Martin County Code. However, this rezone request is not considered mandatory pursuant to Section 3.10.B, LDR, Martin County Code.
There are two (2) standard Category “A” zoning districts available to implement the Commercial Waterfront land use policies of the Comprehensive Growth Management Plan (CGMP): WRC, (Waterfront Resort Commercial District) and WGC (Waterfront General Commercial District). Both districts are intended to implement CGMP policies for lands designated Commercial Waterfront on the CGMP Future Land Use Map. The WGC district is similar to the WRC district but is intended to accommodate more intensive water-dependent and water-related uses. The applicant is proposing a rezoning to the WGC (Waterfront General Commercial District).
Pursuant to Policy 4.4A.1., CGMP, Martin County Code, “Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations by the following means:
[. . .]
(2) Property owners seeking master or final site plan approval shall be required to rezone to the most appropriate zoning district in the most recently adopted Land Development Regulations.”
Pursuant to Section 3.10.A, LDR, Martin County Code, “The zoning districts set forth in this Division are organized into categories in order to distinguish between those zoning districts which were in place prior to the adoption of the CGMP and those which were developed specifically to implement the CGMP. The Category "A" districts are specifically designed to implement the CGMP. The Category "B" and "C" districts were originally adopted by Resolution 05-09-67 and codified in Chapter 33 of the Martin County Code of Laws and Ordinances but have been incorporated into this Article to the extent possible considering the supremacy of the CGMP. Regardless of the origin, the zoning districts used in this Division are designed, or have been modified to be, consistent with the CGMP. Nevertheless, in the event of any conflict between the provisions of this Article and the CGMP, the CGMP shall prevail. The Category "B" and "C" districts shall only be applied to areas where a pattern of development had already been established prior to April 1, 1982 (the date of adoption of the first Comprehensive Plan). The provisions of the Category "C" districts are set forth in Division 7.”
This item has been scheduled for consideration by the Local Planning Agency on October 15, 2026,
and the recommendation will be provided to the Board of County Commissioners.
The following supporting documents are attached:
Staff Report
Draft Resolution to Approve Rezoning
Application Materials
Disclosure of Interest Affidavit
Legal Ad Tearsheet
Sample Letter to Surrounding Property Owners
Sign Posting Affidavit
Exhibit A - Legal Description
Draft Resolution to Deny
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi -judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.
2. Move that the Board adopt a resolution amending the Martin County Zoning Atlas to change the zoning district designation on the subject site from R-2, Single-family Residential District, to WGC, Waterfront General Commercial District.
ALTERNATIVE RECOMMENDATIONS
The applicant has paid the $3,115.00 application fee and the $290.00 completeness fee.
FISCAL IMPACT:
RECOMMENDATION
Direct Staff Accordingly.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: