PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER A REQUEST BY THE PALMS OF HOBE SOUND, LLC TO DESIGNATE A BROWNFIELD AT 9450 SE GOMEZ AVENUE
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EXECUTIVE SUMMARY:
executive summary
This is the first public hearing on a request by The Palms of Hobe Sound, LLC to designate the property located at 9450 SE Gomez Avenue (“Property”) as the Oasis Site Rehabilitation 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 the property as a brownfield if the requesting party establishes the necessary criteria set forth in Section 376.80, Florida Statutes. The second public hearing for resolution adoption will be held on January 6, 2026.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe
Title: Senior Planner
REQUESTED BY: Oasis Development, LLC and The Palms of Hobe Sound, 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 9450 SE Gomez Avenue in Hobe Sound, Florida. The site has a future land use designation of Residential Estate Density-allowing a maximum of two units per acre (2UPA)-and two different zoning designations: R-2 and R-2B. There is currently a Minor Site Plan application in review with the Martin County Growth Management Department (project number S269-002). The minor site plan proposes a residential development consisting of 38 single-family units, amenities, and associated infrastructure.
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 (BSRA) with the Florida Department of Environmental Protection.
This public hearing was announced at the November 18, 2025, Martin County Board of County Commissioners meeting. The applicant’s community meeting, which was held on November 4, 2025, was announced at the October 21, 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 Florida Statutes Section 125.66(5)(b).1. 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.
The second public hearing on the request to designate the Property as a brownfield will be held on January 6, 2026. The statute requires the hearing to be held after 5:00 p.m., unless the Board votes, by a majority plus one, that the hearing will be held prior to 5:00 p.m.
Adoption of the attached resolution will be considered by the Board at the second and final public hearing on January 6, 2026.
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 Exhibit 1.
2. Move that the Board hold the second public hearing on the request to designate the Property as a brownfield on January 6, 2026, at 9:00 AM, or as soon after as the matter may be heard and prior to 5:00 PM.
ALTERNATIVE RECOMMENDATIONS
Provide staff further direction on the item.
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>.