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:
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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,
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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
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— 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,
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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.
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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
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_ BLD
_ ITS
X ACA
_ CDD
_ LIB
X LEG
_ COM
_ MCA
_ ENG
_ MPO
_ FRD
_ PRD
_ GMD
_ USD
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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.
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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.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________________________
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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.
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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.
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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
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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
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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,
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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
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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
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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
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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
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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
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Current Zoning of the Property and surrounding area:
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Future Land Use on the Property and Surrounding Area
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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Page 2 of 3
EXHIBIT “A”
LEGAL DESCRIPTION
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Page 3 of 3
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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
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Page 1 of 1
gmd2015M342 SUPP MEMO
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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
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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
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"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
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