Legislation Details

File #: 24-0887   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 5/21/2024 Final action: 5/21/2024
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING CLASSIFICATION FOR MR. AND MRS. BRIAN AND OXANA REEVES (R116-002)
Attachments: 1. 2024_0426_R116-002_Staff_Report_Final.pdf, 2. 2024_0521_R116-002_Draft Resolution.pdf, 3. 2024_0426_R116-002_Application Materials.pdf, 4. 2024_0425_R116-002_Disclosure of Interest Affidavit.pdf, 5. 2024_0501_R116-002_LAD_Tearsheet.pdf, 6. 2024_0412_R116-002_Sample Letter to Surrounding Property Owners.pdf, 7. 2024_0425_R116-002_Surround Property Owners Certification.pdf, 8. 2024_0314_R116-002_Sign Posting Affidavit.pdf, 9. 2024_0521_R116-002_Draft Reso to Deny.pdf, 10. Staff Presentation.pdf

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 MR. AND MRS. BRIAN AND OXANA REEVES (R116-002)

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EXECUTIVE SUMMARY:

executive summary

This is a request by Mr. and Mrs. Brian and Oxana Reeves for a proposed amendment to the county zoning atlas to change the zoning district classification for an approximately 2.41-acre undeveloped site from A-1A (Agricultural) to RE-1/2A (Residential Estate).  The site is located approximately 950 feet northwest of SE Salerno Road and approximately 300 feet southwest of SE Highland Avenue South, in Stuart.  Included is a request for a Certificate of Public Facilities Exemption.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: John Sinnott                     

                     Title:                     Senior Planner                     

REQUESTED BY: Mr. and Mrs. Brian and Oxana Reeves                                          

 

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 Estate Density 2UPA. The A-1A, Agricultural District, is a Category “C” district. This application is being processed as a mandatory rezoning to a Category “A” district which implements the policies for the Estate Density 2UPA FLU designation.

 

The RE-1/2A district is the only standard Category “A” zoning district available to implement the Estate Density 2UPA land use policies of the CGMP. In addition to the standard zoning district, the PUD (Planned Unit Development) District is also available. 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 the property to the RE-1/2A, Residential Estate District.

 

This item has been scheduled for consideration by the Local Planning Agency on May 16, 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

Surrounding Property Owners Certification

Sign Posting Affidavit

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 attachment 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-1/2A, Residential Estate District.

 

ALTERNATIVE RECOMMENDATIONS

Direct Staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

The applicant has paid the $1,000.00 application fee and the $290.00 completeness 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>.