PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING DISTRICT CLASSIFICATION FOR APEX PAVERS INC. (A085-002)
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EXECUTIVE SUMMARY:
executive summary
This is a request by McCarthy Summers et al. on behalf of Apex Pavers, Inc., for a proposed amendment to the county zoning atlas to change the existing zoning district of an approximately 1.7-acre undeveloped site from A-1A, Agricultural District and B-1, Business District to GC, General Commercial District, or the most appropriate zoning district. The GC zoning district is consistent with the site’s current future land use designation of General Commercial. The subject property is located at 624 SE Monterey Road in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam
Title: Principal Planner
REQUESTED BY: McCarthy Summers et al. (Christen Spake, Esq.)
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The current zoning on the property is A-1A, Agricultural District, and B-1, Business District which are Category “C” districts. The parcel on which the private street is located has both zoning districts while the larger lot has the A-1A zoning district only. The A-1A, Agricultural District is not consistent with the Commercial General Future Land Use therefore this request to rezone is considered mandatory. Although the B-1 zoning district is consistent with the future land use of Commercial General it is under common ownership, and since it is also a Category “C” district, the rezoning in conjunction with the mandatory rezoning of A-1A is appropriate.
This application proposes a Category “A” zoning district that is consistent with the Future Land Use Map of the Comprehensive Growth Management Plan (CGMP). Category “A” zoning districts were developed specifically to implement the CGMP. Therefore, this proposal is in exact alignment with the CGMP goals, policies and procedures. The majority of the parcels in the surrounding properties have been rezoned to GC, General Commercial, either directly, or through a covenant.
This item has been scheduled for consideration by the Local Planning Agency on April 4, 2024 and the recommendation will be provided to the Board of County Commissioners.
The following supporting materials are provided attached to this agenda item:
Staff Report
Draft Resolution to Approve Rezoning
Exhibit A Legal Description
Application Materials
Disclosure of Interest
Legal Ad Tearsheet
Sample Letter to Surrounding Property Owners
Surrounding Property Owners Certification
Sign Posting Affidavit
Draft Resolution to Deny Rezoning
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy 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 that is 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 all its attachments including the staff report as Exhibit 1.
2. Move that the Board approve the request to rezone from A-1A, Agricultural District and B-1, Business District to GC, General Commercial District.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $1,000 application fee and $290 completeness review fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.