PLACEMENT: Public Hearings - Quasi-Judicial
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NORTH RIVER SHORES TENNIS CLUB INC. REQUEST AMENDMENT TO SPECIAL EXCEPTION (N046-002)
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EXECUTIVE SUMMARY:
executive summary
Request for approval of Amendment to Special Exception for the North River Shores Tennis Club. The 6.27 acre subject property is located on the north side of NW Britt Road approximately 200 feet east of NW Everglades Boulevard.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Paul Schilling
Title: Deputy Growth Management Director
REQUESTED BY: North River Shores Tennis Club Inc., James “Mac” Stuckey, Esquire
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Request for approval of Amendment to Special Exception for the North River Shores Tennis Club. The 6.27 acre subject property is located on the north side of NW Britt Road approximately 200 feet east of NW Everglades Boulevard.
On April 5, 1977, the Board of County Commissioners (BCC) approved a special exception to allow for the construction of a private tennis club. The tennis club facilities were constructed soon thereafter. The zoning on the property is R-2, Single-family Residential District with a future land use designation of Estate Density 2UPA.
The current application was submitted in an effort to resolve code enforcement case 16-0103902\ENF2018020055 regarding an unpermitted tennis court which was constructed on the property in 2016. The property is otherwise in compliance with the previously approved special exception.
A revised final site plan has been prepared to identify the existing improvements and future gate house. The wetland and upland habitat along with the required buffers have been identified on the revised final site plan and incorporated into a preserve area management plan (PAMP).
The procedures and requirements for amending an approved special exception are set forth in Section 10.19, Land Development Regulations, Martin County, Fla., (2017), a copy of which is attached.
The following supporting materials are provided attached to this agenda Item:
Draft Resolution for approval of Amendment to Special Exception
Revised Final Site Plan
Location Map and 2018 aerial image
Application Materials
Financial Disclosure Affidavit
Preserve Area Management Plan (PAMP)
Meeting minutes from the April 5, 1977, BCC hearing
Previously approved Special Exception and Site Plan
Copy of Section 10.19, Land Development Regulations, Martin County, Fla., (2017).
Legal Ad
Letter Notice
Sign Posting Certification
Draft Resolution for Denial of Amendment to Special Exception
Staff presentation-
Estimated time: Approximately 10 minutes.
Paul Schilling, Deputy Growth Management Director
Other staff members, as deemed necessary
Applicant presentation-
Estimated time: Approximately 10 minutes.
James “Mac” Stuckey, Esquire, Agent
ISSUES:
There are no unresolved issues associated with 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. Suggested procedures to follow during consideration of this matter are attached.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that 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 approve the request for Amendment to Special Exception for the North River Shores Tennis Club.
ALTERNATIVE RECOMMENDATIONS
2.A. Move that the Board continue the request for approval of Amendment to Special Exception for the North River Shores Tennis Club to a date certain.
2.B. Move that the Board deny the request for Amendment to Special Exception and adopt the resolution of denial, setting forth the reasons for the denial.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the application fee of $690.
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: