PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST FOR A ZONING DISTRICT CHANGE BY JEREMY AND KATHERINE OAKEY (O041-001)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Jeremy and Katherine Oakey (O041-001) for a proposed amendment to the county zoning atlas. The proposed amendment is to change the existing zoning district classification from the WE-1, Waterfront Estate District to RE-1/2A, Residential Estate District, or the most appropriate zoning district. The approximate 1.23-acre parcel of land is located at 2865 SE Saint Lucie Boulevard in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam
Title: Senior Planner
REQUESTED BY: Christen Spake, Esq. McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. (Agent)
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
This is a request by Jeremy and Katherine Oakey (O041-001) for a proposed amendment to the county zoning atlas. The proposed amendment is to change the existing zoning district classification from the WE-1, Waterfront Estate District to RE-1/2A, Residential Estate District, or the most appropriate zoning district. The approximate 1.23-acre parcel of land is located at 2865 SE Saint Lucie Boulevard in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption (Section 5.32.B.3.f.(7), LDR).
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.
This item has been scheduled for consideration by the Local Planning Agency on May 5, 2022 and the recommendation will be provided to the Board of County Commissioners.
The following supporting materials are provided attached to this agenda item.
- Staff Report
- Draft Resolution to Approve Rezoning
- Application Materials
- Financial Disclosure
- Legal Ad
- Sample Letter to Surrounding Property Owners
- Surrounding Property Owners Certification
- Sign Posting Affidavit
- Staff Presentation
- Draft Resolution to Deny Rezoning
ISSUES:
There are no issues with this application.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy 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
1. Move that the Board receive and file the agenda item and the staff report as Exhibit 1.
2. Move that the Board approve the request to rezone from WE-1, Waterfront Estate District to RE-1/2A Residential Estate District.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115 application fee and the $290.00 completeness fee.
ALTERNATIVE RECOMMENDATIONS
Same as above.
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>.