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 DISTRICT CLASSIFICATION FOR KSA EQUITIES HOLDINGS, INC. (W098-005)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Gunster, Yoakley & Stewart, P.A. on behalf KSA Equities Holdings, Inc., for a proposed amendment to the county zoning atlas to change the existing zoning district classification for an approximately 3.8-acre undeveloped site from B-1, Business District to GC, General Commercial District. The site is located east of SE Federal Highway and north of SE Hydrangea Street approximately 0.17 miles south of SE Salerno 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, PMP
Title: Principal Planner
REQUESTED BY: Gunster, Yoakley & Stewart, P.A., Robert S. Raynes, Jr.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The zoning district on the property is B-1, Business District which is a Category “C” district in the current Article 3 zoning code. The B-1, Business District is consistent with the Commercial General future land use designation.
The GC, General Commercial District is the only standard Category “A” zoning district available to implement the Commercial General land use policies of the Comprehensive Growth Management Plan (CGMP) and is consistent with the uses permitted in the B-1, Business District zoning. In addition to the standard zoning district, the PUD (Planned Unit Development) District is also available as an option. 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.
This item has been scheduled for consideration by the Local Planning Agency on October 3, 2024 and the recommendation will be provided to the Board of County Commissioners.
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.
This item has been scheduled for consideration by the Local Planning Agency on October 3, 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
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 B-1, Business District to GC, General Commercial District.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115 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>.