PLACEMENT: Public Hearings - Quasi-Judicial
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WOLFF, BONNY & CHARLES REQUEST FOR REZONING (W093-001)
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EXECUTIVE SUMMARY:
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Wolff, Bonny and Charles (W093-001) Rezoning Request for a zoning district change from the current WE-1, Waterfront Estate District to RE-1/2A, Residential Estate District, or the most appropriate zoning district. Included in this application is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Matthew Stahley
Title: Senior Planner
REQUESTED BY: Cuozzo Planning Solutions LLC, Deanna Freeman
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
This is an application for a proposed amendment to the county Zoning Atlas for a residential district designation (Section 3.2.E, LDR). A Zoning District change from WE-1, Waterfront Estate District to RE-1/2A, Residential Estate District is proposed for an approximate 1.29-acre parcel located at 2785 SE St. Lucie Boulevard approximately 400 feet southeast of SE Indian Street in Stuart.
The land use designation for the property on the Future Land Use Map (FLUM) of the County’s Comprehensive Growth Management Plan (CGMP) is Estate Density 2UPA which is a residential classification that has a maximum density allowance of 2 units per acre. The current zoning on the property is WE-1, Waterfront Estate district, which is a category B district. The WE-1 zoning district is consistent with the future land use designation. Therefore, the request to rezone this property is considered non-mandatory.
There is one (1) standard “Category A” zoning district that is available to implement the Estate Density 2UPA land use policies of the CGMP, which is RE-1/2A, Residential Estate District. In addition to the standard zoning district, the PUD (Planned Unit Development) District is also available as another 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.
The following supporting materials are provided attached to this agenda item:
Staff Report
Draft Resolution to Approve Rezoning
Legal Description
Application Materials
LPA Minutes
Property Noticing Example
Sign Posting Affidavit
Advertisement Tear Sheet
Public Comment
Draft Resolution to deny Rezoning
The following information regarding presentations by staff and the applicant is provided:
Staff Presentation-
Peter Walden, Principal Planner
Other staff members, as deemed necessary
Estimated Time: Approximately 5 minutes
Applicant Presentation-
Don Cuozzo, Cuozzo Planning Solutions LLC
Estimated Time: Approximately 5 minutes
ISSUES:
There are no issues related to this application.
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 that is based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board receive and file the agenda item and a staff report as Exhibit 1.
Move that the Board approve the rezoning request from WE-1, Waterfront Estate District to RE-1/2 A, Residential Estate District.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue the request for approval of the rezoning to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the review fee of $3,140.00 and a sufficiency review fee of $290.00
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ALTERNATIVE RECOMMENDATIONS
Same as above
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: