6A-2015-06-23 Bailey Rezoning
Transcription
6A-2015-06-23 Bailey Rezoning
6A CONTINUED FROM 5/19/2015 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: 2:00 PM TITLE: BAYLEY PRODUCTS, INC. REZONING AGENDA ITEM DATES: MEETING DATE: 6/23/2015 COMPLETED DATE: 6/11/2015 COUNTY ATTORNEY: 6/1/2015 ASSISTANT COUNTY ADMINISTRATOR: 6/8/2015 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Bayley Products, Inc. Growth Management Clyde Dulin Name: Principal Planner Procedures: Quasi-Judicial Procedures EXECUTIVE SUMMARY: This is an application for a proposed mandatory amendment to the County Zoning Atlas for a 640 square foot portion of the property located at 3565 SE St. Lucie Boulevard within the existing Sailfish Marina. The applicant is requesting a rezoning from R-3A to WGC, Waterfront General Commercial to accommodate a proposed telecommunications tower. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8069360d 1 of 141 The existing Sailfish Marina encompasses two parcels, both owned by Bayley Products, Inc. One parcel is located at 3565 SE St. Lucie Boulevard. The other parcel is located at 3585 SE St. Lucie Boulevard and is the location of the former Pocket Watch Marina. This is an application to rezone a 640 square foot portion of the property located at 3565 SE St. Lucie from R-3A to WGC, Waterfront General Commercial to accommodate a proposed telecommunications tower. The initial request was to rezone that portion of the marina located at 3585 SE St. Lucie Boulevard, the former Pocket Watch Marina. Due to concerns raised by third parties within the established residential communities, the applicant proposed a revised location for the rezoning and reduced the extent of area to be rezoned to the 640 square foot lease area that will accommodate a proposed telecommunications tower. The property has a Future Land Use of Waterfront Commercial and the current zoning is R-3A, Liberal Multiple -Family District, which is a Category C zoning district. The R-3A zoning district was created in 1967 as a part of the County’s original zoning regulations and was carried over to the current Article 3, Zoning Districts, Land Development Regulations (LDR), Martin County Code, as a Category C district. The marina has a Marine Waterfront Commercial land use designation on the Future Land Use Map (FLUM), of the County’s Comprehensive Growth Management Plan (CGMP). Category C districts are intended to be used until a rezoning to a Category A district is needed or required to accommodate changes to the existing structures and uses on the property. The Category A districts were created to implement the land use policies included in the Comprehensive Growth Management Plan, Goal 4.4 and Objectives 4.4A. and 4.4A.1. The applicant is requesting the property be rezoned to WGC, Waterfront General Commercial on the 640 square foot development site of the telecommunications tower and not the entire parcel. The request would bring the zoning for the development parcel into compliance with the Marine Waterfront Commercial Future Land Use designation. Section 3.10.B. provides two appropriate zoning districts available to implement the Marine Waterfront Commercial future land use classification. They include the WRC, Waterfront Resort Commercial District or WGC, Waterfront General Commercial. Policy 4.13A.8.1 (4) of the CGMP requires at a minimum active marinas and property zoned WGC, be identified as Marine Service Areas. The Sailfish Marina is included on the maps prepared by the Growth Management Department as a Marine Service Area, without a WGC zoning designation. The property is also identified as a preferred location for boating activities, in the Martin County Boat Facility Siting Plan, approved in 2002. The intent of the Boat Facility Siting Plan is to preseve the properties identified as most suitable for boating activities in efforts to reduce the number of manatees injured or killed by such vessels. Any zoning change request would not supercede or replace the intent of the CGMP to retain active marinas within the County and attempts to safeguard manatees. The choice of the most appropriate district and the extent of the zoning boundary for the subject property is a policy decision of the Board of County Commissioners (BCC). The Board is asked to consider the request based on the “standards for amendments to the zoning atlas” provided in Section 3.2.E.2., Land Development Regulations (LDR). In the review of a proposed amendment to the Zoning Atlas, the Board of County Commissioners shall consider the following: a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive Plan; and, 8069360d 2 of 141 b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and, c. Whether the proposed district amendment is compatible with the character of the existing land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and, d. Whether and to what extent there are documented changed conditions in the area; and e. Whether and to what extent the proposed amendment would result in demands on public facilities; and f. Whether and to what extent the proposed amendment would result in a logical, timely and orderly development pattern which conserves the value of existing development and is an appropriate use of the County's resources; and g. Consideration of the facts presented at the public hearings. The staff report provides an analysis of the standards. The request to amend the zoning designation on the property has been triggered by the applicants development proposal to accommodate a 120 foot tall stealth wireless telecommunications facility at the marina. The review and possible approval of the revised major master/final site plan to accommodate a tower is required to be consistent with Article 4, Division 18 ‘Wireless Telecommunications’[LDR]. A rezoning to WRC or WGC relates to the CGMP requirement for land use and zoning consistency. Telecommunication towers are regulated by Division 18 of the LDR regardless of the zoning district designation afforded to the property. The zoning district designation is required to be consistent with the future land use and receive final action as it to pertains to the revised major/master final Site Plan. The application is in order and was considered by the LPA at a quasi-judicial public hearing March 5, 2015. The LPA unanimously recommended the request to rezone the property to WGC on the 640 square foot lease area be forwarded to the Board with a recommendation of approval. ISSUES: There are no outstanding issues associated with this rezoning. LEGAL SUFFICIENCY REVIEW: COUNTY ATTORNEY’S OFFICE LEGAL ANALYSIS Because this request involves the application of a policy to a specific rezoning 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 8069360d 3 of 141 — 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: Cautionary Note: It is advisable that Commissioners refrain from commenting on any of the presentation, items, evidence, witness testimony, or otherwise, until the Chair concludes the quasi-judicial components of the meeting and the Board begins its deliberations. The Commission may and should ask questions of any witnesses. 1. Chair announces this matter from the Agenda for the record. 2. Chair will inquire of the Commissioners regarding ex parte communications related to this matter and any disclosures that have not been previously filed with the Clerk. 3. Chair will ask that all staff witnesses, applicant witnesses and members of the public that intend to offer relevant and material evidence in this matter identify themselves. All witnesses should be asked to approach the “well” and be sworn in by the Clerk of Court or the Clerk’s designee. 4. Martin County staff should provide a brief introduction of the matter, to include substantive staff findings and relevant procedural history. Although Commissioners may ask questions of staff at this time, Commissioners may want to refrain until the applicant has completed the applicant’s presentation. 5. Upon conclusion of staff’s brief introduction, the applicant may make a presentation and discuss any information in the application that the applicant deems appropriate. For this matter it is anticipated that the applicant should be provided no more than 45 minutes to present. However, depending upon questions from the Commissioners, examination of evidence, and cross examination of witnesses, it may be appropriate to extend the time to the extent necessary to ensure that due process has been provided. 6. Upon conclusion of the applicant’s presentation, the Commissioners may proffer questions for the applicant and staff regarding the matter. Questions should be designed to elicit relevant and material evidence concerning the matter. Comments concerning the credibility, the authenticity of the evidence, the weight of the evidence, or otherwise should not be made at this time. Such comments may be made during the Commission’s deliberations. 7. Upon conclusion of Commissioners’ questions, the Chair shall allow public comment regarding this matter. 8. Upon conclusion of public comment, the applicant should be offered an opportunity for rebuttal and/or final comments (maximum of 20 minutes). 9. Upon conclusion of the applicant’s rebuttal, staff should be offered an opportunity for any final comments. 10. After the conclusion of the quasi-judicial components set forth in paragraphs 1 through 9 above, 8069360d 4 of 141 the Chair shall close the public portion of the meeting and announce that no other evidence will be entertained or considered. Once the public portion of the meeting is closed, the Chair may entertain motions to approve, approve with modifications or deny the request for the alteration of the previously approved preserve area, and the Board should deliberate accordingly. Legal principles to be considered: Consideration of the legal principles that an appellate court would consider in the review of a quasi-judicial decision by a local government can provide guidance as the Board conducts this quasi-judicial proceeding. Quasi-judicial decisions are subject to a certiorari standard of review on appeal. The standard of review before the circuit court is as follows: 1) whether procedural due process was afforded, 2) whether the local tribunal observed the essential requirements of law, and 3) whether the local government’s decision was based on competent substantial evidence. One of the requirements of procedural due process is met when the parties have received notice of the meeting and are given an opportunity to be heard. Following the procedures outlined above will help support a finding that procedural due process was afforded. Another component of procedural due process is whether the applicant was given an opportunity to be heard by a neutral and impartial decision-maker. There must be evidence in the record to support or deny a request. Therefore, a decision to approve or deny a request before the presentation of the evidence and testimony is concluded would not be appropriate. The essential requirements of law are met when the correct provisions of applicable law are applied in making the decision and the decision-maker does not abuse its legal authority in the process. A determination that a decision was based on competent substantial evidence requires that there must be testimony and evidence provided that is relevant and material to the determination. The evidence relied upon to sustain the ultimate findings should be sufficiently relevant and material to the matter so that a reasonable mind would accept it as adequate to support the conclusion reached. Testimony must have a factual basis. Generalized statements in support of or in opposition to a proposal should be disregarded even those from an expert. Relevant fact-based statements, whether expert or not should be considered. Citizen testimony is permissible and may constitute competent substantial evidence if it is fact-based. The facts upon which the testimony rests may be derived from relevant portions of the record or from other factual information provided in the application. The submittal of materials into the record such as maps, site plans, and traffic studies along with testimony based on professional experience and personal observations may form the basis for upholding a conclusion reached by a decision-maker. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the Bayley Products, Inc. request to rezone from R-3A, Liberal Multiple Family to WGC, Waterfront General Commercial on a 640 square foot portion of the property located at 3565 SE St. Lucie Boulevard. 8069360d 5 of 141 ALTERNATIVE RECOMMENDATIONS A. Move that the Board approve application for a rezoning with modifications and provide reasons for such changes. B. Move that the Board deny the request as currently filed and provide reasons for such denial. C. Move that the Board continue the request to a date certain. FISCAL IMPACT: RECOMMENDATION Staff review time Funding Source County Funds Non-County Funds $500 application fees Subtotal Authorization $500 application fees Project Total $500 application fees ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Grant / Application Ordinance Notice Contract / Agreement 1 Resolution Other: ROUTING: _ ADM _ GSD X CA 8069360d _ BLD _ ITS X ACA _ CDD _ LIB X LEG _ COM _ MCA _ ENG _ MPO _ FRD _ PRD _ GMD _ USD 6 of 141 QUASI-JUDICIAL PROCEDURES 1. Ex parte disclosures by County Commissioners. NOTE: Chairman asks: "Do any commissioners have ex parte disclosures that have not been previously filed with the Clerk?" NOTE: Commissioners use written disclosure forms to disclose communications they had prior to this public meeting with persons interested in this matter. Copies of the disclosure are forms available from the Clerk. 2. If applicable, verification by Applicant that return receipts for notices have been filed with the Clerk. 3. Request for identification of any Intervenors. (In order to be an Intervenor, a person must qualify to receive mailed notice of the subject application in accordance with Section 10.6.E, Land Development Regulations, Martin County Code (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor. In addition, an Intervenor must file a form of intent with the County Administrator not less than 7 days prior to the Board meeting. No fee will be assessed on Intervenor. If the Intervenor is representing a group/association, he/she must file a letter on official letterhead signed by an authorized representative of the group/association, stating that he/she is authorized to speak for the group.) 4. *Administration of oath to all witnesses. 5. Staff introduction of application. 6. Questions for Staff from County Commissioners. 7. Applicant presentation. (Applicant is encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes. Applicant’s questions for staff are to be asked during Applicant’s 45 minute presentation. Staff responses to questions will be at the conclusion of the Applicant’s presentation. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 8. Questions for Applicant from County Commissioners, Intervenor, and Staff. 9. Intervenor presentations. (Intervenors are encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes for all Intervenors collectively. Intervenors’ questions for staff are to be asked during Intervenors’ collective 45 minute presentation. Staff responses to questions will be at the conclusion of Intervenors’ presentation(s). All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 10. Questions for Intervenor(s) from Board of County Commissioners, Applicant, Staff. 11. Public Comments. 12. Intervenor(s) rebuttal and/or final comments (maximum 20 minutes collectively). 13. Applicant rebuttal and/or final comments (maximum 20 minutes). 14. Staff Final Comments. 15. County Commissioners’ final questions, deliberation and decision. 7 of 141 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST TO INTERVENE Date:________________Proposal/Project Name: _______________________________________________ Agenda Date: ______________________ Agenda Item Number: __________________ An “intervenor” is a person who qualifies under the Land Development Regulations to receive mailed notice regarding the subject matter (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor, or to just offer public comment. Someone who does not qualify to be an Intervenor, or could qualify, but chooses not to be one, will be allowed to speak briefly on his or her own behalf, either to present facts or to state opinions, during public comments on the application. It should be noted that being an Intervenor in a matter under consideration by the Board does not guarantee that the Intervenor can challenge or appeal the final decision in a judicial or administrative proceeding. Also, being an Intervenor here may not even be a prerequisite to filing a challenge or appeal of the final decision, depending upon what state laws or court rules require. Please complete the following information and return this form to the County Administrator at least seven (7) days prior to the hearing on the matter. No fee will be assessed. I f requesting to intervene as a group, provide on group’s letterhead, signed by an authorized representative of the group, stating the name of the group and the name of the individual who is authorized to speak for the group. Only one request needs to be submitted per each matter for which status as an Intervenor is sought, irrespective of the number of hearings to be held on the matter. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator (or designee) by the Friday prior to the meeting. A Request to Intervene may be used only for the purpose of presenting evidence and testimony on a matter, and not merely to extend the time allowed to an individual to speak during public comments. (PLEASE PRINT CLEARLY) Name (individual or group representative):______________________________________________________________________ Group Name (if applicable):_______________________________________________________________________________ Address: ___________________________________________________________ City: _____________________________ Zip Code: __________________ Telephone: ____________________________ Email: ____________________________ 1. Explain what interest(s) you, as an individual or group, believe will be impacted by the proposal. Examples of interests include health and safety, police and fire protection service systems, transportation facilities, and economic, environmental or natural resources. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ 2. State your position regarding the proposal. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________________________________________________ 3. State all facts you believe support your position. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________________________________________________ 8 of 141 MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW { STAFF REPORT A. Application Information BAYLEY PRODUCTS INC. REZONING Applicant: Property Owner: Agent for the Applicant: County Project Coordinator: Growth Management Director: Assistant County Administrator: Project Number: Application Type and Number: Report Number: Application Received: Transmitted: Staff Report 1: Staff Report 2: Staff Report 3: LPA Hearing: BOCC Hearing: Bayley Products Inc. Bayley Products Inc. Kevin Aycock Deanna Freeman, Principal Planner Nicki van Vonno, AICP (Recused) Roger Baltz S242-002 D003 201400026 Staff Report 3 - Final 02/04/2014 02/06/2014 04/11/2014 12/29/2014 03/06/2015 03/05/2015 04/07/2015 B. Project description and analysis This is an application for a proposed amendment to the County Zoning Atlas for a property with a commercial district designation (Section 3.2.E, LDR). The subject property is located at 3565 SE St. Lucie Boulevard and is within the Sailfish Marina facility. The zoning change has been requested to address an existing inconsistency between the future land use designation and the zoning district. Any proposal which triggers the need for a development application, requires consistency between the land use designation and zoning district as part of the review and approval process. The existing Sailfish Marina encompasses two parcels, both owned by Bayley Products, Inc. One parcel is located at 3565 SE St. Lucie Boulevard. The other parcel is located at 3585 SE St. Lucie Boulevard and is the location of the former Pocket Watch Marina. This is an application to rezone a 640 square foot portion of the property located at 3565 SE St. Lucie from R-3A to WGC, Waterfront General Commercial to accommodate a proposed telecommunications tower. The initial request was to rezone that portion of the marina located at 3585 SE St. Lucie Boulevard, the former Pocket Watch Marina. Due to concerns raised by third parties within the established residential communities, the applicant proposed a revised location for the rezoning and reduced the extent of area to be rezoned to lease area that will accommodate a proposed telecommunictaions tower. 9 of 141 Development Review Staff Report The property has a Future Land Use of Waterfront Commercial and the current zoning is R-3A, Liberal Multiple -Family District, which is a Category C zoning district. The current zoning on the property is R-3A, Liberal Multiple Family District. The R-3A zoning district was created in 1967 as a part of the County’s original zoning regulations and was carried over to the current Article 3, Zoning Districts, Land Development Regulations (LDR), Martin County Code, as a Category C district. The marina has a Marine Waterfront Commercial land use designation on the Future Land Use Map (FLUM), of the County’s Comprehensive Growth Management Plan (CGMP). Category C districts are intended to be used until a rezoning to a Category A district is needed or required to accommodate changes to the existing structures and uses on the property. The Category A districts were created to implement the land use policies included in the Comprehensive Growth Management Plan, Goal 4.4 and Objectives 4.4A. and 4.4A.1. The applicant is requesting the property be rezoned to WGC, Waterfront General Commercial on the 640 square foot development site of the telecommunications tower and not the entire parcel. The request would bring the zoning for the development parcel into compliance with the Marine Waterfront Commercial Future Land Use designation. Article 3.10B provides two appropriate zoning districts available to implement the Marine Waterfront Commercial future land use classification. They include the WRC, Waterfront Resort Commercial District or WGC, Waterfront General Commercial. Policy 4.13A.8.1 (4) of the CGMP requires at a minimum active marinas and property zoned WGC, be identified as Marine Service Areas. The Bayley Marina is included on the maps prepared by the Growth Management Department as a Marine Service Area, without a WGC zoning designation. The property is also identified as a preferred location for boating activities, in the Martin County Boat Facility Siting Plan, approved in 2002. The intent of Boat Facility Siting Plan is to preseve the properties identified as most suitable for boating activities in efforts to reduce the number of manatees injured or killed by such vessels. Any zoning change request would not supercede or replace the intent of the CGMP to retain active marinas within the County and attempts to safeguard manatees. The request to amend the zoning designation on the property has been triggered by the applicants development proposal to accommodate a 120 foot tall stealth wireless telecommunications facility at the marina. The review and possible approval of the revised major master/final site plan to accommodate a tower is required to be consistent with Article 4, Division 18 ‘Wireless Telecommunications’[LDR]. A rezoning to WRC or WGC relates to the CGMP requirement for land use and zoning consistency. Telecommunication towers are regulated by Division 18 of the LDR regardless of the zoning district designation afforded to the property. The zoning district designation is required to be consistent with the future land use and receive final action as it to pertains to the revised major/master Final Site Plan. Analysis of the Martin County Code Provisions Code provisions applied during the review and approval of telecommunications towers are included in Article 4, Division 18, of the LDR. Section 4.795 of the LDR confirms the location of telecommunication towers on property with a Waterfront Commercial Future Land Use may be proposed on such property. The review and approval of the proposed tower requires the applicant to submit a revised Major Master/Final Site Plan as per Section 4.793 of the LDR. The applicant has requested a zoning change on the 640 square foot development site of the telecommunications tower and not the entire parcel. Such a consideration requires an analysis of the zoning district options available, with a comparison of the permitted uses and development standards. It is important to note that a telecommunication tower is not called out in the permitted use or development standards tables. Division 18 of the LDR provides all of the specific parameters for the applicant to demonstrate compliance, prior to the approval of any master/final site plan proposal. 10 of 141 Page 2 of 18 Development Review Staff Report The following is an extract of Article 3, Division 2, of the LDR. It is intended to illustrate the list of permitted uses available on property zoned WRC or WGC. Table 3.11.2 Permitted Uses – Category “A” Non-residential Districts Use Category WRC WGC Residential uses Accessory dwelling units P P Apartment hotels P P Modular homes P Multi-family dwellings P Single-family detached dwellings P Townhouse dwellings P Duplex dwellings P Zero lot line single-family dwellings P Public & institutional Uses Administrative services, not-for-profit P P Community centers P P Cultural or civic uses P P Educational institutions P P Neighborhood assisted residences with 6 or fewer residents P Use Category WRC WGC Protective and emergency services P P Public parks and recreation areas, active P P Public parks and recreation areas, passive P P Recycling drop-off centers P P Utilities P P Business and professional offices P P Commercial amusements, indoor P P Commercial amusements, outdoor P P Commercial day care P P Hotels, motels, resorts and spas P P Limited retail sales and services P P Marinas, commercial P P Marine education and research P P Recreational vehicle parks P P Restaurants, convenience, without drive-through facilities P P Restaurants, general P P Trades and skilled services P P Commercial and Business Uses 11 of 141 Page 3 of 18 Development Review Staff Report Wholesale trades and services P Industrial uses Extensive impact industries P Limited impact industries P Life Science, Technology and Research (LSTAR) Uses Marine Research P Targeted Industries Business (TIB) Uses Marine and marine related manufacturing P The following is an extract of Article 3, Division 2, of the LDR also includes development standards for property zoned WRC and WGC. Staff also included the provisions included in Article 3, Division 7 as they relate to the R-3A, Category C zoning district. A comparison of the requirements afforded to each zoning district designation is a factor in the rezoning of the property to a Category A zoning district. Table 3.12.1 DEVELOPMENT STANDARDS C A T Zoning District Min. Lot Area (acres) Min. Lot Width (ft) Max. Res. Density (upa) Max. Hotel Density (upa) Max. Building Coverage (%) Max. Height (ft)/(stories) Min. Open Space (%) Other Req. (footnote) A A C WRC WGC R-3A 10,000 10,000 7,500 80 80 60 10.00 --- 20.00 -15 50 50 30 30 40 40 30 30 -- ---- Table 3.12.2 STRUCTURE SETBACKS Front/by story (ft.) C A T A A C Rear/by story (ft.) Side/by story (ft.) Zoning District Corner 1 2 3 4 1 2 3 4 1 2 3 4 WRC WGC R-3A 25 25 20 25 25 25 25 25 30 25 25 35 20 20 6 20 20 10 20 20 15 20 20 20 10 10 6 10 10 10 10 10 15 10 10 20 ---- Category C, R-3A, Liberal Multiple-Family District Requirements Section 3.407. R-3A Multiple-Family District Requirements 3.407.A Uses permitted. In this district, a building or structure or land shall be used for only the following purposes subject to any additional limitations pursuant to section 3.402: 1. 2. Any uses permitted in the R-3 Multiple-Family Residential District. Restaurants and/or lunchrooms, not the drive-in type, with an enclosed seating capacity of ten 12 of 141 Page 4 of 18 Development Review Staff Report 3. 4. 5. 6. 7. 8. 9. 10. persons or more. Beauty parlors and barbershops. Dry cleaning and laundry pickup stations. Fire stations. Boat docks and dry and wet storage facilities under cover, and facilities for maintenance and repairs of boats or yachts, upon submission of plans for review and approval of the planning and zoning board. Mobile home and travel trailer sales. Gasoline or other motor fuel stations, provided all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property lines. Professional and business offices. Retail stores. Section 3.406. R-3 Multiple-Family Residential District 3.406.A. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Uses permitted. In this district, a building, structure or land shall be used for only the following purposes subject to any additional limitations pursuant to section 3.402: Any use permitted in the HR-1, R-1, R-1A, R-1B, R-2, R-2B, R-2A and HR-2 Districts. Multiple-family dwellings. Apartments, hotels, motels, cottage courts. Rooming houses and boardinghouses. Clinics, except animal hospitals. Hospitals and sanitariums, except mental hospitals. Tourist homes. Colleges, clubs, lodges, social and community center buildings and/or structures. Restaurants, not the drive-in type, with an enclosed seating capacity of 40 persons or more. Commercial television receiving towers and antennas. Commercial radio and/or television transmitting station towers, poles, masts, antennas, power plants and other incidental and usual structures pertaining to such stations. All structures and attachments thereto and appurtenances thereof shall comply with all applicable requirements of the Federal Communications Commission and the Civil Aeronautics Board and/or Authority. Towers, poles, masts and antennas shall be designed and stamped by a registered engineer or architect to assure the structure, masts, etc., will withstand hurricane force winds. Signs appertaining to the above uses. Boat docks and service facilities generally used in connection with sport fishing, excluding any major overhaul or repairs. Funeral homes, mortuaries and morgues. Standards for Amendments to the Zoning Atlas 1. In reviewing the proposal for a requested zoning change from R-3A to WGC on the property, staff is governed by policy provisions included in the Comprehensive Growth Management Plan 13 of 141 Page 5 of 18 Development Review Staff Report and the Land Development Regulations. The Comprehensive Growth Management Plan (CGMP) states in Goal 4.4. “To eliminate or reduce uses of land that are inconsistent with community character or desired future land uses.” Objective 4.4A. “To eliminate inconsistencies between the FLUM and the zoning maps and regulations.” Policy 4.4A.1. Rezoning. Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations by the following means: “(2) Property owners seeking master or final site plan approval shall be required to rezone to the most appropriate zoning district in the most recently adopted Land Development Regulations”. 2. The Martin County Land Development Regulations (LDR), in Section 3.2 E.1. provide the following “Standards for amendments to the Zoning Atlas.” The Future Land Use Map of the CGMP (Comprehensive Growth Management Plan) establishes the optimum overall distribution of land uses. The CGMP also establishes a series of land use categories, which provide, among other things, overall density and intensity limits. The Future Land Use Map shall not be construed to mean that every parcel is guaranteed the maximum density and intensity possible pursuant to the CGMP and these Land Development Regulations. All goals, objectives, and policies of the CGMP shall be considered when a proposed rezoning is considered. The County shall have the discretion to decide that the development allowed on any given parcel of land shall be more limited than the maximum allowable under the assigned Future Land Use Category; provided, however, that the County shall approve some development that is consistent with the CGMP, and the decision is fairly debatable or is supported by substantial, competent evidence depending on the fundamental nature of the proceeding. If upon reviewing a proposed rezoning request the County determines that the Future Land Use designation of the CGMP is inappropriate, the County may deny such rezoning request and initiate an appropriate amendment to the CGMP. 3. The Martin County Land Development Regulations (LDR), in Section 3.2 E.2., provides the following “Standards for amendments to the Zoning Atlas.” In the review of a proposed amendment to the Zoning Atlas, the Board of County Commissioners shall consider the following: a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive Plan; and, The subject property is designated Marine Waterfront Commercial on the Future Land Use Map (FLUM) of the Comprehensive Growth Management Plan (CGMP). Marine Waterfront Commercial areas have been designated as lands that may accommodate marine resort, marina and water related services along highly accessible waterfront sites. The zoning implementation policies and requirements are contained in Article 3, Zoning Regulations, 14 of 141 Page 6 of 18 Development Review Staff Report Land Development Regulations, Martin County Code. Pursuant to Article 3 there are two (2) appropriate zoning districts that are available to implement the Marine Waterfront Commercial future land use classification. The WRC, Waterfront Resort Commercial District and the WGC, Waterfront General Commercial District are the two zoning districts that are compatible with the Marine Waterfront Commercial Future Land Use. Property with a Marine Waterfront Commercial Future Land Use is also governed by CGMP policy 4.13A.8.(4) and the designation active marinas as Marine Service Areas. This additional element of the CGMP is in place to provide additional safeguards to prevent the loss of active existing marinas within Martin County. A rezoning of the 640 square foot development site and not the entire parcel to WGC, Waterfront General Commercial would not replace or effect the applicant’s requirement to adhere to the Marine Service Area designation. b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and, A rezoning of the property to a WRC or WGC zoning district would be consistent with the provisions of CGMP and its implementation of the Marine Waterfront Commercial future land use designation. Article 3 regulations were created to implement the land use policies of the CGMP. An action by the Board of County Commissioners to select either of these two zoning districts would be consistent with the policies of the CGMP and the requirements of Article 3. With respect to the other Land Development Regulation requirements related to the telecommunications proposal, roads, drainage, environmental protection, utilities, emergency services, landscaping, etc., full compliance cannot be assessed until a specific plan has been selected for the property and an application is submitted to the County. The granting of a zoning change by the County does not exempt the applicant from any of the County’s Land Development Regulations. The applicant must demonstrate full compliance with all regulations prior to any approval action taken by the County. c. Whether the proposed district amendment is compatible with the character of the existing land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and, A proposal is being considered concurrently for a 120’ high telecommunications tower on a small leasable 640 square feet area of the parent tract. The requested zoning change incorporates only the 640 square feet area development site and not the remainder of the marina. Consideration of the suitability of either of the two zoning districts and the list of permitted uses and development standards pertaining to each is required to extend beyond the lease area of the telecommunications proposal. The subject property is an established active commercial marina. Uses include boat storage, a commercial marina repair facility and small convenience store on property located in a suburban area of eastern Martin County. The surrounding area includes Sandspirit Park to the north, Sailfish Mariner and then Mariner Cay residential subdivision and a tennis court to the south, Manatee Pocket to the east, and the Yacht and County Club of Stuart residential properties to the west of SE St Lucie Boulevard. The subject property and Mariner Cay 15 of 141 Page 7 of 18 Development Review Staff Report Yacht Club subdivision are zoned R-3A, Liberal Multiple Family. Should any of the property owners seek approval for development which triggers a development application, a mandatory zoning change may also be required on these properties. The peculiarity of the zoning district therefore extends to the properties to the north and south of the proposal site, which shares the old category C designation. Consideration of the permitted uses afforded to the WGC and WRC zoning districts is an important factor in the analysis. The permitted uses afforded to a property zoned WGC, included extensive and limited impact industries and wholesale trades and services, raise a potential issue with regards to the proximity of existing single family residential development to the south and west of the proposal site. The repair, maintenance and storage of boats are currently undertaken primarily within the existing buildings on site. Such activities are permitted under the provisions of WGC and WRC, with the latter having the additional criteria included in Section 3.80.E of the LDR, namely restricting activities to the emergency repair of boats and equipment. The applicant has requested the 640 square foot development site and not the entire parcel be rezoned to WGC. The remainder of the property will then continue to operate as an active marina under the provisions of the R-3A zoning district. If the applicant were to seek additional activities that may trigger a development application, a mandatory rezoning would be required for the entire property. Restricting the extent of area to be rezoned provides safeguards and assurances for the residents within adjacent communities while achieving accommodation of the proposal for a telecommunication tower. d. Whether and to what extent there are documented changed conditions in the area; and, The subject property has been a commercial marina for several decades. Immediately abutting the proposal site, to the north, is Sandspirit Park. The Sailfish Marina is located immediately south of the proposal site with residential development situated further south and west of the property. The single family residential development was developed after the Bayley and Sailfish Marinas and has been in existence for several decades as the Yacht and Country Club of Stuart and Mariner Cay. The pattern in this area of Martin County has therefore been well established with commercial marinas and single family residential development for many years. e. Whether and to what extent the proposed amendment would result in demands on public facilities; and, The subject property is located within the Primary Urban Services District of the County. As such, the full range of urban services at service levels established by the CGMP is available or must be made available for any uses that are planned for the property. Water and wastewater services to the site are currently provided by Martin County Utilities, the regional service provided for this area of the County. f. Whether and to what extent the proposed amendment would result in a logical, timely and orderly development pattern which conserves the value of existing development and is an appropriate use of the county's resources; and, Rezoning the property to WGC would provide a zoning designation consistent with the 16 of 141 Page 8 of 18 Development Review Staff Report Marine Waterfront Commercial future land use designation. The pattern of development is stable, integrated and has been well established over many years, and may continue in a similar pattern should the zoning map be amended to accommodate a change to WGC, Waterfront General Commercial. The designation of the property as a Marine Service area and a preferred location for boating activities, in the Martin County Boat Facility Siting Plan, approved in 2002, is an attempt to safeguard and conserve the Sailfish Marina property as an active commercial marina. Rezoning of only the lease area the subject of a telecommunciations tower proposal to WGC provides additional assurances for residents situated to the south at the Marine Cay subdivision. Retaining an zoning designation of R-3A on the remainder of the Sailfish Marina property, other than the telecoms lease area, would not hinder existing operations undertaken on the property. g. Consideration of the facts presented at the public hearings. The subject application requires two public hearings before the Local Planning Agency, who will make a recommendation on the request, and the Board of County Commissioners, who will take final action on the request. The hearings will provide the public an opportunity to participate in the review and decision making process. The Local Planning Agency considered the proposal at a March 5, 2015 public hearing where a unanimous recommendation of approval was provided. C. Staff recommendation The specific findings and conclusion of each review agency related to this request are identified in Sections F through T of this report. The current review status for each agency is as follows: Section F F G H H I J J K L M N N O O P P Q R Division or Department Comprehensive Plan ARDP Development Review Urban Design Community Redevelopment Property Management Environmental Landscaping Transportation County Surveyor Engineering Addressing Electronic File Submission Water and Wastewater Wellfields Fire Prevention Emergency Management ADA Health Department Reviewer Deanna Freeman Samantha Lovelady Deanna Freeman Edward Erfurt Edward Erfurt Jeffrey Dougherty Shawn Mccarthy Darryl DeLeeuw Bonnie Pointer Michael O’Brien Aaron Stanton Emily Kohler Emily Kohler James Christ James Christ Doug Killane Martha Beaudoin Bob Steiner Robert Washam Phone 219-4923 288-5664 219-4923 288-5908 288-5908 288-5793 288-5508 221-1317 288-5927 288-5418 288-5512 288-5692 288-5692 320-3034 320-3034 288-5633 219-4941 221-1396 221-4090 Assessment Comply N/A Comply N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 17 of 141 Page 9 of 18 Development Review Staff Report R S T School Board County Attorney Adequate Public Facilities Boyd Lawrence Krista Storey Deanna Freeman 219-1200 288-5443 219-4923 N/A Pending Exempt The Board of County Commissioners is advised that there are no unresolved issues associated with this application. The application is in order and was considered by the LPA at a quasi-judicial public hearing March 3, 2015. Final action is now required by the Board of County Commissioners (BCC). D. Review Board action Review of this application is required by the Local Planning Agency (LPA) and final action on this application is required by the Board of County Commissioners (BCC). All meetings before the LPA and BCC must be advertised public hearings. The application is in order and was considered by the LPA at a quasi-judicial public hearing March 5, 2015. The LPA unanimously recommended the request to rezone the property to WGC on the 640 square foot lease area be forwarded to the Board with a recommendation of approval. E. Location and site information Parcel number(s) and address: Existing Zoning: Future land use: Census tract: Commission district: Community redevelopment area: Municipal service taxing unit: Planning area: Storm surge zone: Taxing district: Traffic analysis zone: 52-38-41-000-000-00010-3 Lease Area included as Exhibit B to the Resolution 3585 SE St Lucie Blvd R-3A, Liberal Multi-Family FLU-CW, Future Land Use Commercial Waterfront 0013 Tract 2 Not Applicable District 2 Pt Salerno / 76 Corr Category 1 Surge Zone District E 25 18 of 141 Page 10 of 18 Development Review Staff Report Current use of the subject site and surrounding uses: Subject Site: North: South: East: West: Commercial Marina Commercial Marina Mariner Cay Residential Units Manatee Pocket SE St Lucie Blvd Yacht & Country Club of Stuart Residential Units 19 of 141 Page 11 of 18 Development Review Staff Report Current Zoning of the Property and surrounding area: 20 of 141 Page 12 of 18 Development Review Staff Report Future Land Use on the Property and Surrounding Area 21 of 141 Page 13 of 18 Development Review Staff Report F. Determination of compliance with Comprehensive Growth Management Plan requirements Growth Management Department Findings of Compliance: The Growth Management Department Development Review Division staff has reviewed the application and finds it in compliance with the applicable regulations. There are no unresolved Comprehensive Growth Management Plan requirement issues associated with this application. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Additional Information: Notice Of A Public Hearing The notice of a public hearing regarding development applications shall be mailed at least 14 calendar days (seven calendar days if the application is being expedited pursuant to section 10.12) prior to the public hearing by the applicant to all owners of real property located within a distance of 300 feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 600 feet. In addition, notice shall be mailed to all homeowner associations, condominium associations and the owners of each condominium unit within the notice area. [Section 10.6.E.1., LDR, MCC] The applicant has demonstrated compliance with Section 10.6.E.1, LDR, MCC in providing the certified mail list prior to the public hearings. 22 of 141 Page 14 of 18 Development Review Staff Report H. Determination of compliance with the urban design and community redevelopment requirements – Community Development Department Not applicable. I. Determination of compliance with the property management requirements – Engineering Department Not applicable. J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Not applicable. K. Determination of compliance with transportation requirements - Engineering Department Not applicable. L. Determination of compliance with county surveyor - Engineering Department Not applicable. M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department Not applicable. N. Determination of compliance with addressing and electronic file submittal requirements – Growth Management and Information Technology Departments Not applicable. O. Determination of compliance with utilities requirements - Utilities Department Not applicable. P. Determination of compliance with fire prevention and emergency management requirements – Fire Rescue Department Not applicable. Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department Not applicable. 23 of 141 Page 15 of 18 Development Review Staff Report R. Determination of compliance with Martin County Health Department and Martin County School Board Not applicable. S. Determination of compliance with legal requirements - County Attorney's Office The County Attorney’s Office review remains pending until the LPA and BCC action has been made through the Public Hearing process. They continue to support the development review staff in their review and processing of the applicant’s request to rezone the property. T. Determination of compliance with the adequate public facilities requirements - responsible departments The following is a summary of the review for compliance with the standards contained in Article 5.32.D of the Adequate Public Facilities Exemption, for development and alterations or expansions to approved developments that do not create additional impacts on public facilities: Potable water facilities (Section 5.32.D.3.a, LDR) Service provider - Martin County Findings - Exempt Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities (Section 5.32.D.3.b, LDR) Service provider - Martin County Findings - Exempt Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Solid waste facilities (Section 5.32.D.3.c, LDR) Findings - Exempt Source - Growth Management Department Stormwater management facilities (Section 5.32.D.3.d, LDR) Findings - Exempt Source - Engineering Department Reference - see Section M of this staff report Community park facilities (Section 5.32.D.3.e, LDR) Findings - Exempt Source - Growth Management Department Roads facilities (Section 5.32.D.3.f, LDR) Findings - Exempt Source - Engineering Department Reference - see Section K of this staff report Public safety facilities (Section 5.32.D.3.h, LDR) Findings - Exempt Source - Growth Management Department Reference - see Section P of this staff report Public school facilities (Section 5.32.D.3.i, LDR) Findings - Exempt Source - Growth Management Department Reference - see Section R of this staff report 24 of 141 Page 16 of 18 Development Review Staff Report Development that does not create additional impact on public facilities includes: A. Additions to nonresidential uses that do not create additional impact on public facilities. B. Changes in use of property when the new uses do not increase the impact on public facilities over the pre-existing use, except that no change in use will be considered exempt when the preexisting use has been discontinued for two years or more.; C. Zoning district changes to the district of lowest density or intensity necessary to achieve consistency with the Comprehensive Growth Management Plan; D. Boundary plats which permit no site development; Exempted development will be treated as committed development for which the County assures concurrency. U. Post-approval requirements Approval of the development order is conditioned upon the applicant’s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including unpaid fees, within sixty (60) days of the final action granting approval. Item #1: Post Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Item #2: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. V. Fees Public advertising fees for the development order will be determined and billed subsequent to the public hearing. Fees for this application are calculated as follows: Fee type: Application review fees: Advertising fees*: Recording fees**: Mandatory impact fees: Non-mandatory impact fees: Fee amount: $500.00 TBD TBD N/A N/A Fee payment: $500.00 Balance: $0.00 * Advertising fees will be determined once the ads have been placed and billed to the County. ** Recording fees will be identified on the post approval checklist. 25 of 141 Page 17 of 18 Development Review Staff Report W. General application information Applicant: Bayley Products Inc Butch Bayley 3565 SE St Lucie Blvd Stuart, FL 34997-5433 Agent: Kevin Aycock Dynamic Towers Inc. 575 SW Mercantile Place Suite 104 Port St. Lucie, FL 772 336 2594 X. Acronyms ADA ............. Americans with Disability Act AHJ .............. Authority Having Jurisdiction ARDP ........... Active Residential Development Preference BCC.............. Board of County Commissioners CGMP .......... Comprehensive Growth Management Plan CIE ............... Capital Improvements Element CIP ............... Capital Improvements Plan FACBC ........ Florida Accessibility Code for Building Construction FDEP ............ Florida Department of Environmental Protection FDOT ........... Florida Department of Transportation LDR.............. Land Development Regulations LPA .............. Local Planning Agency MCC............. Martin County Code MCHD.......... Martin County Health Department NFPA ........... National Fire Protection Association SFWMD ....... South Florida Water Management District W/WWSA .... Water/Waste Water Service Agreement Y. Attachments 26 of 141 Page 18 of 18 Prepared By: Catherine Riiska Martin County Growth Management Department 2401 S.E. Monterey Road Stuart, FL 34996 ___________________________________________________________________________ [space above line provided for recording data] BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER ### A RESOLUTION OF MARTIN COUNTY, FLORIDA, REGARDING AN APPLICATION BY BAYLEY PRODUCTS, INC., TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM R-3A (LIBERAL MULTIPLE FAMILY DISTRICT) TO WGC (WATERFRONT GENERAL COMMERCIAL DISTRICT) FOR A 640 SQUARE FOOT LEASE AREA OF PROPERTY LOCATED AT 3565 S.E. St. LUCIE BOULEVARD. WHEREAS, this Board has made the following determinations of fact: 1. Bayley Products, Inc., submitted an application for a change in zoning district classification from R-3A (Liberal Multiple Family District) to WGC (Waterfront General Commercial District), for the property described in Exhibit A, attached hereto. 2. The Local Planning Agency was scheduled to consider the application at a public hearing on March 5, 2015. The LPA’s recommendations were forwarded to the Board of County Commissioners for consideration. 3. This Board has considered such recommendations. 4. Upon proper notice of hearing this Board held a public hearing on the application on April 7, 2015. 5. At the public hearing, all interested parties were given an opportunity to be heard. 6. All conditions precedent to granting the change in zoning district classification have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: A. The zoning district classification of the property described in Exhibit A is hereby changed from R-3A (Liberal Multiple Family District) to WGC (Waterfont General Commercial District). B. Pursuant to Section 5.32.B.3.f., Land Development Regulations, Martin County Code, this rezoning action is hereby determined to meet the requirements for a Certificate of Public Facilities Exemption. C. Pursuant to Section 14.1C.5.(2), Comprehensive Growth Management Plan, Martin County Code, regarding preliminary development approvals, the property described in Exhibit A is subject to a determination of level of service capacity at final site plan approval and no rights to obtain final development orders, nor any other rights to develop the subject property have been granted or implied by this Board. D. This resolution shall be recorded in the public records of Martin County. A copy of this resolution shall be forwarded to the applicant(s) by the Growth Management Department subsequent to recording. 27 of 141 Page 1 of 3 DULY PASSED AND ADOPTED THIS 7th DAY OF APRIL, 2015. ATTEST: BY:_____________________ CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY:__________________________ ED FIELDING CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:__________________________ KRISTA A. STOREY SENIOR ASSISTANT COUNTY ATTORNEY 28 of 141 Page 2 of 3 EXHIBIT “A” LEGAL DESCRIPTION Description “DTI” Lease Area COMMENCING AT THE NORTHEAST CORNER OF THE LANDS FORMERLY OWNED BY MOSKE; THENCE SOUTH 57 DEGREES 18’ 00” EAST, ALONG THE NORTHEASTERLY LINE OF SAID LANDS FORMERLY OWNED BY MOSKE, A DISTANCE OF 30.59 FEET; THENCE NORTH 44 DEGREES 01’ 00” EAST, DEPARTING SAID NORTHEASTERLY LINE, A DISTANCE OF 182.39 FEET; THENCE SOUTH 57 DEGREES 24’30” EAST, A DISTANCE OF 204.21 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 57 DEGREES 24’ 30” EAST, A DISTANCE OF 33.08 FEET; THENCE SOUTH 32 DEGREES 35’ 30” WEST, A DISTANCE OF 18.17 FEET; THENCE NORTH 57 DEGREES 24’ 30” WEST, A DISTANCE OF 14.98 FEET; THENCE SOUTH 32 DEGREES 35’ 30” WEST, A DISTANCE OF 0.40 FEET; THENCE NORTH 57 DEGREES 24’ 30” WEST, A DISTANCE OF 12.70 FEET; THENCE NORTH 57 DEGREES 24’ 30” WEST, A DISTANCE 0F 5.40 FEET ; THENCE NORTH 32 DEGREES 35’ 30” EAST, A DISTANCE OF 24.43 FEET TO THE POINT OF BEGINNING. CONTAINING 640 SQUARE FEET OR 0.015 ACRES OR LESS 29 of 141 Page 3 of 3 30 of 141 31 of 141 32 of 141 33 of 141 34 of 141 35 of 141 36 of 141 37 of 141 38 of 141 39 of 141 40 of 141 41 of 141 42 of 141 43 of 141 44 of 141 45 of 141 46 of 141 47 of 141 48 of 141 49 of 141 50 of 141 51 of 141 52 of 141 53 of 141 54 of 141 55 of 141 56 of 141 57 of 141 58 of 141 59 of 141 60 of 141 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76193 Aeronautical Study No. 2014-ASO-14030-OE Prior Study No. 2013-ASO-1479-OE Issued Date: 03/03/2015 Aaron Lockwood Dynamic Towers Inc. 575 NW Mercantile Place, Suite 104 Port Saint Lucie, FL 34986 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Antenna Tower Sailfish Marina 2 (Monopole) Stuart, FL 27-09-40.20N NAD 83 80-11-45.20W 5 feet site elevation (SE) 120 feet above ground level (AGL) 125 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 09/03/2016 unless: (a) (b) (c) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. extended, revised, or terminated by the issuing office. the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 3 61 of 141 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (404) 305-7081. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2014-ASO-14030-OE. Signature Control No: 238452364-244643392 Michael Blaich Specialist ( DNE ) Attachment(s) Frequency Data cc: FCC Page 2 of 3 62 of 141 Frequency Data for ASN 2014-ASO-14030-OE LOW FREQUENCY HIGH FREQUENCY FREQUENCY UNIT ERP ERP UNIT 698 806 824 851 869 896 901 930 931 932 935 940 1850 1930 2305 2345 806 824 849 866 894 901 902 931 932 932.5 940 941 1910 1990 2310 2360 MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz 1000 500 500 500 500 500 7 3500 3500 17 1000 3500 1640 1640 2000 2000 W W W W W W W W W dBW W W W W W W Page 3 of 3 63 of 141 64 of 141 65 of 141 66 of 141 6E » THURSDAY, FEBRUARY 19, 2015 » SCRIPPS TREASURE COAST NEWSPAPERS » TC NOTICE OF FORECLOSURE BEFORE THE LOCAL PLA SUBSCRIBE TODAY to the Stuart News, St Lucie News Tribune or the Indian River Press Journal and have it delivered to your office. home or office. Description: N/A Color Type: E-6-All Section-Page-Zone(s): 2 Col x 103 ag Size: N/A Agency: Insertion Number: N/A NOTICE OF FORECLOSURE NOTICE IS HEREBY GIVEN pursuant to a Consent In Rem Final Judgment of Mortgage Foreclosure dated November 4, 2014, and entered in Case No. 56-2013CA-001709 of the Circuit Court of the NINETEENTH Judicial Circuit in and for ST. LUCIE County, Florida wherein WELLS FARGO BANK, NA is the Plaintiff and CARLO A. RAMIREZ A/K/A CARLO RAMIREZ; DEBORAH RAMIREZ A/K/A D. RAMIREZ; WINDY PINES PHASES III AND IV HOMEOWNERS’ ASSOCIATION, INC.; TENANT #1 N/K/A ISIDIRA MARTINEZ are the Defendants, The Clerk will sell to the highest and best bidder for cash at https://stlucie.clerkau ction.com at 8:00AM, on 3/3/2015, the following described property as set forth in said Final Judgment: LOT 3, BLOCK 3147, FIRST REPLAT IN PORT ST. LUCIE SECTION FORTY SIX, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25,PAGE (S) 32, 32A TO 32K, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A/K/A 5928 NW FOUST CIRCLE, PORT ST. LUCIE, FL 34986 THE FLORIDA PROBATE CODE. ALL CLAIMS AND DEMANDS NOT SO FILED WILL BE FOREVER BARRED. NOTWITHSTANDING ANY OTHER APPLICABLE TIME PERIOD, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE O F D E A T H I S BARRED. The date of first publication of this Notice is February 12, 2015. NOTICE OF ADMINISTRATION FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and persons having claims or demands against the decedent’s estate must file their claims with this Court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE O F D E A T H I S BARRED. The date of the first publication of this Notice is February 19, 2015 Person Giving Notice Sally Brice-O’Hara 4611 Pebble Bay South Vero Beach, Florida 32963 NICHOLAS L. BRUCE, ESQUIRE Florida Bar No.: 98292 Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn Chartered Attorneys for Personal Representative 756 Beachland Boulevard (32963) P. O. Box 64-3686 Vero Beach, FL 32964Personal 3686 Representative: Telephone: Frances Kozitko (772) 231-4343 352 East 293rd Street Facsimile: Willowick, OH 44095 (772) 234-5213 Attorney for Personal Primary E-Mail: nbru- Representative: ce@verolaw.com WILLIAM R. MUMS e c o n d a r y E - M a i l : BAUER, ESQUIRE egonzalez@verolaw. W I L L I A M R . M U M com BAUER, P.A. lgalleta@verolaw.com Email: wrmumbaueC o u r t D o c u m e n t s : r@aol.com nbruce.pleadings@v 205 N. Parsons Aveerolaw.com nue Pub: February 12, 19, Brandon, FL 33510 2015 813/685-3133 TCN2676133 Pub: Feb. 19, 26, 2015 TCN2677413 IN THE CIRCUIT COURT FOR INDIAN IN THE CIRCUIT RIVER COUNTY, COURT FOR INDIAN FLORIDA RIVER COUNTY, PROBATE DIVISION FLORIDA Any person claiming File No.:312014- PROBATE DIVISION an interest in the surCP001262 File No. plus from the sale, if FL BA # 308447 312015CP000085 any, other than the property owner as of IN RE: ESTATE OF IN RE: ESTATE OF the date of the Lis RUSSELL KOZITKO, ROBERT J. GABLER Pendens must file a Deceased. Deceased. claim within sixty (60) days after the NOTICE NOTICE sale. TO CREDITORS TO CREDITORS I H E R E B Y C E R T I F Y The administration of The administration of t h a t a t r u e a n d the estate of RUS- t h e e s t a t e o f correct copy of the SELL KOZITKO, de- ROBERT J. GABLER, foregoing has been ceased,Case Number d e c e a s e d , w h o s e furnished by email, if 312014CP001262, is d a t e o f d e a t h w a s d e s i g n a t e d , o r b y pending in the Cir- November 10, 2014 U . S . M a i l t o a l l cuit Court for Indian and is pending in parties listed on the River County, Flori- the Circuit Court for attached service list da, Probate Division, Indian River County, on this ______day of the address of which Florida, Probate DiviFebruary, 2015. i s P . O . B o x 1 0 2 8 , sion, the address of Vero Beach, Florida which is 2000 16th Ronald R Wolfe & 3 2 9 6 1 - 1 0 2 8 . T h e Avenue, Vero Beach, Associates, P.L. names and address- Florida 32960. The P.O. Box 25018 es of the personal names and addressTampa, Florida representative and es of the personal 33622-5018 the personal repre- representative and (813) 251-4766 sentative’s attorney t h e p e r s o n a l (813) 251-1541 Fax- are set forth below. representative’s BY: Dallas LePierre All creditors of the attorney are set forth Florida Bar No. decedent and other below. 0101126 p e r s o n s h a v i n g All creditors of the F13007557 NOS claims or demands decedent and other If you are a person against decedent’s p e r s o n s h a v i n g with a disability who estate, including un- claims or demands n e e d s a n y matured, contingent against decedent’s a c c o m m o d a t i o n i n o r u n l i q u i d a t e d estate, on whom a order to participate claims, on whom a copy of this notice is in this proceeding, copy of this notice is r e q u i r e d t o b e you are entitled, at r e q u i r e d t o b e served must file their no cost to you, to the served must file their claims with this court provision of certain c l a i m s w i t h t h i s WITHIN THE LATER a s s i s t a n c e . P l e a s e Court WITHIN THE O F 3 M O N T H S c o n t a c t C o r r i e L A T E R O F 3 AFTER THE TIME OF J o h n s o n , A D A M O N T H S A F T E R THE FIRST PUBLICACoordinator, 250 NW T H E T I M E O F T H E TION OF THIS NOCountry Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4370 at least 7 days before NOTICE OF MEETING NOTICE OF MEETING your scheduled court appearance, or imBEFORE THE LOCAL PLANNING AGENCY mediately upon reMARTIN COUNTY, FLORIDA ceiving this notificaNOTICE OF PUBLIC HEARING tion if the time before the scheduled Subject and Location: S242-002 Bayley appearance is less Products, Inc. - Request for a zoning than 7 days; if you change from the current R-3A, Liberal Mulare hearing or voice tiple Family District to the WGC, Waterimpaired, call 711. front General Commercial District, or the Publish: Feb. 12, 19, most appropriate zoning district for an ap2015 proximately 586 square foot development TCN2676153 site associated with the development of a telecommunications tower at 3565 SE St. Lucie Boulevard. NOTICE OF ADMINISTRATION S242-003 Sailfish Marina Stealth Tower Request for revised Major Master and Final Site Plan approval to construct a one hundred and twenty (120’) foot tall stealth telecommunications tower facility at 3565 SE St. Lucie Boulevard on an existing marina property consisting of approximately 586 square foot development site. NOTICE TO CREDITORS TO ALL PERSONS HAVING CLAIMS OR DEMANDS AGAINST THE ABOVE ESTATE: You are hereby notified that an Order of Summary Administration has been entered in the estate of Robert Francis O’Hara Jr., deceased, File Number 312015-CP-000061, by the Circuit Court for Indian River County, Florida, Probate Division, the address of which is 2000 16th Ave, Vero Beach, Florida 32960; that the decedent’s date of death was July 17th, 2014; that the total value of the estate is unknown at this time and that the names and addresses of those to whom it has been assigned by such order are: NameAddress Sally Brice-O’Hara 4611 Pebble Bay South Vero Beach, Florida 32963 ALL INTERESTED PERSONS ARE NOTIFIED THAT: All creditors of the estate of the decedent and persons having claims or demands against the estate of the decedent other than those for whom provision for full payment was made in the Order of Summary Administration must file their claims with this court WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF Time and Date: LOCAL PLANNING AGENCY 7:00 P.M., or as soon after as the matter may be heard, on Thursday, March 5, 2015 IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY FLORIDA PROBATE DIVISION File No. 31-2015-CP-000061 Legal Description: A copy of the complete legal description can be obtained from the IN RE: ESTATE OF: Martin County Growth Management DeROBERT FRANCIS partment, Martin County Administrative O’HARA JR Center, 2401 SE Monterey Rd., Stuart, FL Deceased. 34996, 772-288-5495. Thursday, February 19, 2015 Ad Number: 2677574 Advertiser: Martin County Commissioners CARLO A. RAMIREZ A/K/A CARLO RAMIREZ , et al, Defendant(s). NOTICE OF ADMINISTRATION For convenient home delivery, call 866.707.6397 Place: Martin County Administrative Center 2401 S.E. Monterey Road Stuart, Florida All interested persons are invited to attend and be heard. Persons with disabilities who need an accommodation in order to participate in this proceeding are entitled, at no cost, to the provision of certain assistance. This does not include transportation to and from the meeting. Please contact the Office of the County Administrator at (772) 221-2360, or in writing to 2401 S.E. Monterey Road, Stuart, FL 34996, no later than three days before the hearing date. Persons using a TDD device, please call 711 Florida Relay Services. For further information, please call the Growth Management Department at 772288-5495. All written comments should be sent to Nicki van Vonno, Growth Managem e n t D i r e c t o r , ( e - m a i l : nikkiv@martin.fl.us) or 2401 SE Monterey Road, Stuart, FL 34996. Copies of the item will be available from the Growth Management Department. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, agency, council or advisory group, that person will need a record of the proceedings and, for such purpose, may need to insure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Written comments may be sent to: Director of Growth Management Martin County Growth Management Department 2401 S. E. Monterey Road Stuart, Florida 34996 THIS NOTICE DATED THIS 18 DAY OF FEBRUARY 2015. Publish: Stuart News Publish Date: February 19, 2015 TCN2677574 67 of 141 68 of 141 69 of 141 70 of 141 71 of 141 72 of 141 73 of 141 74 of 141 75 of 141 76 of 141 77 of 141 78 of 141 79 of 141 80 of 141 81 of 141 82 of 141 83 of 141 84 of 141 85 of 141 86 of 141 87 of 141 88 of 141 89 of 141 Prepared By: Catherine Riiska Martin County Growth Management Department 2401 S.E. Monterey Road Stuart, FL 34996 ___________________________________________________________________________ [space above line provided for recording data] BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER ### A RESOLUTION OF MARTIN COUNTY, FLORIDA, REGARDING AN APPLICATION BY BAYLEY PRODUCTS, INC. TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM R-3A (LIBERAL MULTIPLE FAMILY DISTRICT) TO WGC (WATERFRONT GENERAL COMMERCIAL DISTRICT) FOR A 640 SQUARE FOOT LEASE AREA OF PROPERTY LOCATED AT 3565 S.E. ST. LUCIE BOULEVARD, STUART. WHEREAS, this Board has made the following determinations of fact: 1. Bayley Products, Inc., submitted an application for a change in zoning district classification from R-3A (Liberal Multiple Family District) to WGC (Waterfront General Commercial District), for the property described in Exhibit A, attached hereto. 2. The Local Planning Agency considered the application at a public hearing on March 5, 2015. The LPA’s recommendations were forwarded to the Board of County Commissioners for consideration. 3. This Board has considered such recommendations. 4. Upon proper notice of hearing this Board held a public hearing on the application on April 7, 2015. 5. At the public hearing, all interested parties were given an opportunity to be heard. 6. All conditions precedent to granting the change in zoning district classification have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: A. The request to rezone the property from R-3A (Liberal Multiple Family District) to WGC (Waterfont General Commercial District) for Bayley Products, Inc. is hereby denied because XXXX. B. This resolution shall be recorded in the public records of Martin County. A copy of this resolution shall be forwarded to the applicant(s) by the Growth Management Department subsequent to recording. 90 of 141 Page 1 of 3 DULY PASSED AND ADOPTED THIS 7TH DAY OF APRIL, 2015. ATTEST: BY:_____________________ CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY:__________________________ ED FIELDING, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:__________________________ KRISTA A. STOREY SENIOR ASSISTANT COUNTY ATTORNEY 91 of 141 Page 2 of 3 EXHIBIT “A” LEGAL DESCRIPTION 92 of 141 Page 3 of 3 93 of 141 94 of 141 95 of 141 96 of 141 97 of 141 98 of 141 99 of 141 BCC MEETING DATE: AGENDA ITEM: April 7, 2015 6B MARTIN COUNTY, FLORIDA INTER-OFFICE MEMORANDUM TO: Honorable Members of the Board of County DATE: April 1, 2015 Commissioners VIA: Taryn Kryzda County Administrator FROM: Deanna Freeman Principal Planner REF: 8069360d SUBJECT: BAYLEY PRODUCTS, INC. REZONING Staff has received a number of completed application forms regarding the request to intervene regarding the Bayley Products, Inc. proposal to rezone. Letters have also been received on behalf of the Mariner Cay residential community and Yacht and Country Club of Stuart Property Owner’s Association. The information is attached for your consideration. TK/DF/pj Attachments Reviewed by County Attorney’s Office 100 of 141 Page 1 of 1 gmd2015M342 SUPP MEMO 101 of 141 102 of 141 103 of 141 104 of 141 105 of 141 106 of 141 107 of 141 108 of 141 109 of 141 110 of 141 111 of 141 112 of 141 113 of 141 114 of 141 115 of 141 116 of 141 117 of 141 118 of 141 119 of 141 120 of 141 121 of 141 122 of 141 123 of 141 124 of 141 125 of 141 126 of 141 127 of 141 128 of 141 129 of 141 130 of 141 131 of 141 132 of 141 133 of 141 134 of 141 135 of 141 136 of 141 BCC MEETING DATE: AGENDA ITEM: TO: VIA: FROM: REF: SUBJECT: May 19, 2015 6A. MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM Honorable Members of the Board DATE: of County Commissioners May 11, 2015 Taryn Kryzda County Administrator Clyde Dulin, Principal Planner 8069360d BAYLEY PRODUCTS, INC. REZONING At the request of the applicant this item was continued from April 7, 2015 to May 19, 2015. Please see the attached letter from the applicant requesting that continuation. The rezoning request is a companion request to the Sailfish Marina Stealth Communications Tower Revised Master/Final Site Plan application. Gary Resnick, an attorney with the firm of Gray Robinson who specializes in telecommunications, has been retained by staff to conduct a review of the application pursuant to Section 365.172(13)(b)(4), Fla. Stat. Section 365.172(13)(b)(4), Fla. Stat., also provides that the fee for the reasonable expenses incurred in Mr. Resnick’s review of the application may be imposed on the applicant. The applicant has been so advised. Mr. Resnick was not able to attend the May 19th public hearings. Section 10.7.A.3.a, LDR, provides that the body conducting the public hearing may continue the public hearing to a date certain. Staff has communicated with the applicant and Mr. Resnick and confirmed their availability for June 23rd. Accordingly, staff requests that the public hearing to consider the Bayley Products, Inc. rezoning be continued from May 19, 2015 to June 23, 2015. Reviewed by County Attorney’s Office Page 1 of 1 137 gmd2015M400 SUPPLEMENTAL.docx of 141 138 of 141 BCC MEETING DATE: AGENDA ITEM: TO: VIA: FROM: REF: SUBJECT: June 23, 2015 6A MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM Honorable Members of the Board DATE: of County Commissioners June 15, 2015 Taryn Kryzda County Administrator Clyde Dulin, Principal Planner 8069360d BAYLEY PRODUCTS, INC. REZONING The applicant has requested continuing agenda items 6A and 6B to a future date. The applicant has a right under Article 10 to request a second continuation of the public hearings. Please see the attached email from Kevin Aycock. After reviewing the Board calendar staff recommends continuing the public hearings to September 22, 2015. Gary Resnick, a consultant to Martin County, and Lauralee Westine, representing the applicant, can both attend on September 22, 2015. Scott Konopka, representing the Stuart Yacht and Country Club, can also attend on that date. Reviewed by County Attorney’s Office Page 1 of 1 139 gmd2015M456 SUPPLEMENTAL.docx of 141 Clyde Dulin From: Sent: To: Subject: Kevin Aycock <kevin.aycock@d-t-i.us> Wednesday, June 10, 2015 4:56 PM Krista Storey; 'Fred Van Vonno'; Clyde Dulin; henry@ilerplanning.com Re: Rezoning Issue Discussion - Sailfish Marina Telecommunication Tower Krista and Clyde, May I please request that we postpone the June 23rd BOCC to another date in July for the Sailfish Marina Tower and re‐zone applications? Updates: 1. I am in the process of hiring Laura Lee Westine P.A. for help with our stealth tower project. She will be out of town on June 23rd. She will be back in town by July 5th. I would like to schedule our project on the same day she has her other tower project scheduled. 2. We spoke to Captain Brian Bergen at the Martin County Sheriff’s department today because they want to put security equipment on the tower for Home Land Security Inlet Protection. Sheriff Snyder is out of town until next week, and they want his final approvals when he gets back. Plus, they need time to meet with each county commissioner individually to discuss the security needs and support for the tower project. I am preparing a lease document for the Martin County Sheriff’s department as a tenant on the Sailfish Marina Tower. 3. Mr. Bayley the marina property owner wants me to proceed with the small re‐zoning change and the major master final site plan for the stealth tower. Thank You, Kevin T. Aycock President Dynamic Towers Inc. 772‐370‐9819 Mobile From: Krista Storey Sent: Wednesday, May 27, 2015 4:49 PM To: 'Fred Van Vonno' ; 'Kevin Aycock' ; Clyde Dulin ; mailto:henry@ilerplanning.com Subject: Rezoning Issue Discussion - Salfish Marina Telecommunication Tower 1 140 of 141 "The comments and opinions expressed herein are those of the author of this message and may not reflect the policies of the Martin County Board of County Commissioners. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by phone or in writing." Click here to subscribe to Martin County’s e-Newsletter No virus found in this message. Checked by AVG ‐ www.avg.com Version: 2013.0.3495 / Virus Database: 4311/9880 ‐ Release Date: 05/27/15 2 141 of 141