PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING DISTRICT CLASSIFICATION FOR THE MAUREEN T. AITKEN L/E PROPERTY FROM A-2, AGRICULTURAL TO AR-5A, AGRICULTURAL RANCHETTE (A084-001)
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EXECUTIVE SUMMARY:
executive summary
Proposed amendment to the County Zoning Atlas for a mandatory rezoning of a 19.73-acre site located at 11301 SW Fox Brown Road, just east of SW Brown Road and north of Warfield Boulevard, in close proximity to Indiantown. The property has an Agricultural Ranchette Future Land Use (FLU) designation and is currently zoned Category “C” A-2 (Agricultural) which is inconsistent with the FLU designation, making this a mandatory rezoning. The request is to rezone to the AR-5A, Agricultural Ranchette, or the most appropriate zoning district. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Allison Rozek
Title: Principal Planner
REQUESTED BY: Maureen T. Aitken, L/E
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
This is a request by Maureen T. Aitken L/E for a change in zoning district designation from A-2 (Agricultural District) to AR-5R (Agricultural Ranchette), or the most appropriate zoning district for a 19.73-acre site at 11301 SW Fox Brown Road, just east of SW Brown Road and north of Warfield Boulevard, in close proximity to Indiantown.
The property has an Agricultural Ranchette Future Land Use (FLU) designation and is currently zoned Category “C” A-2 (Agricultural) which is inconsistent with the FLU designation, making this a mandatory rezoning.
There are two (2) “straight” zoning districts that are available to properly implement the Agricultural Ranchette land use category. They are the AR-5A, Agricultural Ranchette and the AR-10A, Agricultural Ranchette districts. The requested AR-5A category is consistent with the Comprehensive Growth Management Plan which states, “a density of one per five gross acres shall be permitted within the areas designated with an Agricultural Ranchette future land use.” A third option available for rezoning the property is a Planned Unit Development (PUD).
This matter was heard before the Local Planning Agency (LPA) on June 15, 2023. The LPA’s recommendation was forwarded to the Board of County Commissioners.
The following supporting materials are provided attached to this agenda item:
1. Staff Report
2. Resolution to Approve
3. Application Materials
4. Disclosure of Interest Affidavit
5. Legal Ad
6. Letter to Surrounding Property Owners
7. Affidavit of Mailing
8. Sign Posting Certification
9. Staff Presentation
10. Resolution to Deny
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
v Move that the Board receive and file the agenda item and all attachments, including the Staff Report, as Exhibit 1.
v Move that the Board adopt the resolution to change the A-2, Agricultural zoning classification for the Maureen Aitkens L/E property to AR-5A, Agricultural Ranchette.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
Zoning Change application fee of $1000 and completeness application fee of $290 has been paid by the applicant.
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>.