PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER AMENDMENT OF THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING DISTRICT FOR CPA 18-8, FIRE STATION 10
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EXECUTIVE SUMMARY:
executive summary
The Board of County Commissioners initiated the amendment of the Future Land Use Map and Zoning Atlas regarding this 0.34 acre County-owned property. Only one zoning district is designed to implement the Limited Commercial Future Land Use designation. That zoning district is LC (Limited Commercial). The Local Planning Agency recommended approval. Staff recommends approval of the amendment of the Zoning Atlas, changing the zoning district of this land from PS (Public Service) to LC (Limited Commercial Zoning District).
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DEPARTMENT: Growth Management
PREPARED BY: Name: Maria Jose, M.S.
Title: Planner
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Comprehensive Growth Management Plan Policy 4.4A.1. provides that “Parcels being considered for amendment to the future land use designation shall be concurrently evaluated for rezoning to the most appropriate zoning district in the most recently adopted Land Development Regulations.”
ISSUES:
A concurrent rezoning is required for each Future Land Use Map (FLUM) amendment where the amendment creates an inconsistency with the current zoning designation. The proposed action on this request to re-zone assumes that the Board of County Commissioners approved the related CPA 18-8, Fire Station 10.
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 summary and all of its attachments including the staff report for the record as Exhibit 1.
2. Move that the Board amend the Martin County Zoning Atlas to change the zoning district on the subject 0.34 acres of land from the PS (Public Service) to the LC (Limited Commercial) Zoning District.
ALTERNATIVE RECOMMENDATIONS
1. Move that the Board continue the item to a future date certain.
2. Move that the Board deny the requested change of the zoning district.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
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Funding Source |
County Funds |
Non-County Funds |
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Subtotal |
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Project Total |
$6,100 |
ALTERNATIVE RECOMMENDATIONS
Staff time.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: