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 DRIVEN BRANDS, INC. (D066-001)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Bowman Consulting Group on behalf of Driven Brands, Inc. for a proposed amendment to the county zoning atlas to change the zoning district classification from PUD-C, Planned Unit Development-Commercial, to GC, General Commercial District. The approximately 2.97 acres site is located at the south-west corner of South Kanner Highway and SW Salerno Road. Included with this application 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: Bowman Consulting Group
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The site is currently zoned PUD-C, Planned Unit Development-Commercial District through the Kanner Square Planned Unit Development (PUD) Zoning Agreement with a Commercial General Future Land Use (FLU) designation. The Kanner Square PUD Zoning Agreement was executed on July 1, 2008; however, nothing was constructed and the timetable for development has expired.
The applicant is proposing to rezone the property to the GC, General Commercial District. The GC is a Category “A” district. The original zoning district assigned to the property, prior to the PUD zoning agreement was the B-1 Business District. The B-1 Business District and General Commercial districts surround the property on all sides.
This item has been scheduled for consideration by the Local Planning Agency on June 5, 2025, 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
Legal Description
Application Materials
Disclosure of Interest Affidavit (Driven Brands, Inc. is a publicly traded company)
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 terminating the Kanner Square PUD Zoning Agreement and amending the Martin County Zoning Atlas to change the zoning district designation on the subject site from PUD-C, Planned Unit Development-Commercial, to GC, General Commercial District.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115.00 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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