Legislation Details

File #: 24-0571   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 2/20/2024 Final action: 2/20/2024
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 12, REDEVELOPMENT CODE, DIVISION 6, PORT SALERNO COMMUNITY REDEVELOPMENT CODE, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, LDR 23-05, MANATEE POCKET MOORING FIELD UPLAND FACILITY
Attachments: 1. 1_LDR Staff Report.pdf, 2. 2_Oct24.2023 BOCC Action Summary.pdf, 3. 3_Pages from 2023-10-24 Final Agenda Packet.pdf, 4. 4_Resolution 23-10.14 to Initiate_Amendment (Fully Executed).pdf, 5. 5_Draft Ordinance for LDR.pdf, 6. 6_Surrounding Property Owners letter affidavit.pdf, 7. 7_Affidavit with Sign.pdf, 8. 8_2024_LDR 23-05_LAD_Tearsheet.PDF, 9. SUPP MEMO, 10. Staff Presentation

PLACEMENT: Public Hearings - Quasi-Judicial

TITLE:

title  

PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 12, REDEVELOPMENT CODE, DIVISION 6, PORT SALERNO COMMUNITY REDEVELOPMENT CODE, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, LDR 23-05, MANATEE POCKET MOORING FIELD UPLAND FACILITY

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EXECUTIVE SUMMARY:

executive summary

This application is a request to assign the Waterfront Subdistrict (10 units per acre) to a 0.02-acre abandoned right-of-way.  The land is located at the intersection of SE Bayview Street and SE Park Drive.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Carolyn Grunwald                     

                     Title:                     Planner                     

REQUESTED BY: Susan Kores, Office of Community Development Manager                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

This is a request for an amendment to Figure PS-2 Regulating Plan in Section 12.6.02. of the Port Salerno CRA Regulations. It was initiated by the Board of County Commissioners on October 24, 2023 through adoption of Resolution 23-10.14.  This proposed amendment will assign the Waterfront Subdistrict to 0.02-acres of abandoned right-of-way.

 

ISSUES:

 

Please see the attached staff report for analysis of the proposed changes to Figure PS-2 Regulating Plan. Quasi-Judicial procedures will be used for this proposed revision to the Land Development Regulations.

 

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 proceeding, 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 the Board receive and file the Agenda Item Summary and all its attachments including the staff report for the record as Exhibit 1.

2.                     Move that the Board vote to adopt the Ordinance and approve the proposed subdistrict change on the 0.02-acres of abandoned right-of-way.

 

ALTERNATIVE RECOMMENDATIONS

Move that staff provide additional information and continue the item to a future date.

 

FISCAL IMPACT:

 

RECOMMENDATION

Staff time.

                     


ALTERNATIVE RECOMMENDATIONS

Staff time.

 

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>.