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 THE GRACE PLACE (G060-005)
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EXECUTIVE SUMMARY:
executive summary
This is a request by McCarthy Summers et. al on behalf of the Grace Place, Inc. for a proposed amendment to the county zoning atlas to change the zoning district classification from A-1A, Agricultural District, to RE-2A, Rural Estate District. The approximately 10.97 acres site is located at 1550 SE Salerno Road, at the southeast corner of SE Salerno Road and SE Ault Avenue, in Stuart. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Luis Aguilar
Title: Principal Planner
REQUESTED BY: McCarthy Summers et. al
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The site is currently zoned A-1A, Agricultural District with a Future Land Use (FLU) designation of Rural Density. The A-1A, Agricultural District is a Category “C” district that is not consistent with the Rural Density FLU assigned to the area and the site is subject to a covenant agreement.
There is one (1) standard Category “A” zoning district available to implement the Rural Density land use policies of the Comprehensive Growth Management Plan (CGMP) which is RE-2A, Rural Estate District. In addition to the standard zoning district, the PUD (Planned Unit Development) District is also available as an option. The PUD District offers more design flexibility to applicants for proposed projects. In exchange the district requires additional benefits to the County and more controls by the County. The applicant is proposing to rezone to the RE-2A, Rural Estate District.
This item has been scheduled for consideration by the Local Planning Agency on October 3, 2024, 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
Mailer Certification
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 A-1A, Agricultural District, to RE-2A, Rural Estate District.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $1,000.00 application fee and the $290.00 completeness fee.
ALTERNATIVE RECOMMENDATIONS
Direct Staff Accordingly.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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