PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER A REQUEST TO DESIGNATE A BROWNFIELD BY 9670 SW MARINE WAY, LLC
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EXECUTIVE SUMMARY:
executive summary
This is the second public hearing on a request by 9670 SW Marine Way, LLC to designate the property located at 9670 SW Marine Way (“Property”) as a Green Reuse Area, also known as a brownfield. Section 376.80, Florida Statutes, outlines the brownfield program administration process and affirms that the jurisdictional local government shall adopt a resolution designating property as a brownfield if the requesting party establishes the necessary criteria in Section 376.80, Florida Statutes. The first public hearing was held on January 28, 2025.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe
Title: Senior Planner
REQUESTED BY: 9670 SW Marine Way, LLC
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The State of Florida first passed the Florida Brownfields Redevelopment Act in 1997. The Florida Department of Environmental Protection (FDEP) identifies that the primary goals of the Brownfields Redevelopment Act are “to reduce public health and environmental hazards on existing commercial and industrial sites that are abandoned or underused, create financial and regulatory incentives to encourage voluntary cleanup and redevelopment of sites, and derive appropriate cleanup target levels.” Sections 376.77 through 376.85, Florida Statutes, are cited as the “Brownfields Redevelopment Act” and outline the administration of these regulations by the state and local governments.
The Property is located at 9670 SW Marine Way in Martin County. The site has a future land use designation of Commercial Waterfront and zoning district of Waterfront General Commercial (WGC). A revised minor final site plan for the Property was approved by the Growth Management Department on June 1, 2023. The uses approved for the Property through the revised minor final site plan include a marine construction equipment warehouse, office building, boat ramp, gravel parking, stormwater dry detention, and green space.
The applicant has stated their intention to utilize the state-based financial incentives afforded to brownfield sites through the FDEP’s Brownfields Program. These incentives are intended to promote voluntary site cleanup and offset the cost of site rehabilitation or solid waste removal. Brownfield sites must enter into a Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection.
The first public hearing held on January 28, 2025, this second public hearing, and the applicant’s community meeting on January 23, 2025, were announced at the January 14, 2025, Martin County Board of County Commissioners meeting.
ISSUES:
Section 376.80, Florida Statutes, states that “for counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 125.66, except that the procedures for the public hearings on the proposed resolution must be in the form established in s. 125.66(5)(b).”
The Board of County Commissioners must follow the public hearings procedures outlined in Section 125.66(5)(b).1, Florida Statutes. as follows:
The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is public. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.
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 Exhibit1.
2. Move that the Board finds the request meets the criteria outlined in Section 376.80(2)(c), Florida Statutes, and adopt the Resolution designating the Property as a brownfield.
ALTERNATIVE RECOMMENDATIONS
1. Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit1.
2. Move that the Board finds the request does not meet the criteria outlined in F.S. 376.80(2)(c) and not adopt the resolution designating the Property as a brownfield.
FISCAL IMPACT:
RECOMMENDATION
None
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>.