6C · PDF file · 2018-03-09Mailing Notice Affidavit ... quasi-judicial decision by a local government can provide guidance as the Board conducts this quasi-judicial proceeding. Quasi-judicial

809611be

6C

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

PLACEMENT: PUBLIC HEARINGSPRESET: TITLE: INDIANTOWN VFW REZONING (I053-002)

AGENDA ITEM DATES:

MEETING DATE:3/13/2018

COUNTY ATTORNEY:2/19/2018

COMPLETED DATE:3/1/2018

ASSISTANT COUNTY ADMINISTRATOR:2/26/2018

REQUESTED BY: DEPARTMENT: PREPARED BY:

Name: Nicki van Vonno Growth Management Peter Walden

Name: Growth ManagementDirector

Senior Planner

Procedures: Quasi-Judicial Procedures

EXECUTIVE SUMMARY:

Estimated staff presentation: 5 minutes. This is a request for a proposed amendment to the county Zoning Atlas for a Residential district designation (Section 3.2.E, LDR). This is a Board initiated change in zoning from the existing A-2, Agricultural Zoning District to the RE-2A, Rural Estate District or the most appropriate District on an approximate 2.05 acre parcel located at 16701 SW Morgan Street in Indiantown.

APPROVAL:LEGACACA

BACKGROUND/RELATED STRATEGIC GOAL:

1 of 47

809611be

This is an application for a proposed amendment to the county Zoning Atlas for a residential district designation (Section 3.2.E, LDR). This is a Board initiated change in zoning from the existing A-2, Agricultural Zoning District to the RE-2A, Rural Estate District or the most appropriate District. Included with this application is a request for a Certificate of Public Facilities Exemption.

The land use designation for the property on the Future Land Use Map (FLUM) of the County’s Comprehensive Growth Management Plan (CGMP) is Rural Density. There is one Category “A” zoning District available to implement the Land use designation and that is the RE-2A, Rural Estate District.

The current zoning district on the property A-2, Agricultural is a Category “C” zoning district in the current Article 3 zoning code. The district is inconsistent with the future land use designation. Therefore, the request to rezone is considered mandatory.

The 2.05 acre property is currently being utilized as the Indiantown Veterans Association Post 6023 (VFW). a non-for profit corporation.

The Local Planning Agency considered this request at a public hearing on February 1, 2018, and recommended approval of the request to rezone the property from A-2 to RE-2A.

The following supporting materials are provided attached to this agenda item:Staff ReportResolution for approvalLPA MinutesFinancial Disclosure AffidavitLegal AdNoticing SampleLegal DescriptionMailing Notice AffidavitSign Posting CertificationDraft Resolution for Denial

The following information regarding presentations by staff and the applicant is provided:

Staff presentation—Peter Walden, Senior PlannerOther staff members, as deemed necessaryEstimated time: Approximately 5 minutes

ISSUES:

There are no unresolved issues with this application.

LEGAL SUFFICIENCY REVIEW:

Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a

2 of 47

809611be

legislative proceeding. In quasi-judicial proceedings, parties are entitled — as a matter of due process — to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent substantial evidence in the record.

Suggested procedures to follow during consideration of this matter:

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 materialevidence 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.

3 of 47

809611be

10. After the conclusion of the quasi-judicial components set forth in paragraphs 1 through 9 above, 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 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 1. Move that the Board receive and file the Agenda Item Summary and all of its attachments

including the Staff Report for the record as Exhibit 1.

4 of 47

809611be

2. Move that the Board approve the request for rezoning to the RE-2A, Rural Estate District.

ALTERNATIVE RECOMMENDATIONS 2.A. Move that the Board continue the request for approval of the rezoning request to a date

certain.2.B. Move that the Board deny the request for rezoning, adopt the resolution of denial, setting

forth the reasons for the denial.

FISCAL IMPACT:

RECOMMENDATIONN/A

ALTERNATIVE RECOMMENDATIONSSame as above

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment Chair Letter Contract / Agreement

Grant / Application Notice Ordinance Resolution

Other:

ROUTING:_ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD_ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USDX CA X ACA X LEG

5 of 47

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 forms are 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 500 feet of the project if it is inside the urban service boundary, and within 1,000 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 at least seven (7) business 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. Any documentation, including all dvd, cd or video cassette tapes, intended to be proffered as evidence must be submitted to the Growth Management Department at least seven (7) business days 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). Any documentation, including all dvd, cd or video cassette tapes, intended to be proffered as evidence must be submitted to the Growth Management Department at least seven (7) business days 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. Rev. 02/02/2018 6 of 47

MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS (BCC)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 500 feet of the project if it is inside the urban service boundary, and within 1,000 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) business days prior to the hearing on the matter. No fee will be assessed. If 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. Any documentation, including all dvd, cd or video cassette tapes, intended to be proffered as evidence must be submitted to the Growth Management Department at least seven (7) business days 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)

Rev. 2/2/18 7 of 47

MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW

STAFF REPORT

{

A. Application Information

INDIANTOWN VFW REZONING

Applicant: Indiantown Veterans Assn Property Owner: Indiantown Veterans Assn Agent for the Applicant: Martin County Bocc County Project Coordinator: Peter Walden, Senior Planner Growth Management Director: Nicki van Vonno, AICP Project Number: I053-002 Application Type and Number: D003 201700434 Report Number: 2018_0216_I053-002_Staff_Report_Final Application Received: 12/15/2017 Transmitted: 12/16/2017 Date of Report: 02/16/2018 B. Project description and analysis This is an application for a proposed amendment to the county Zoning Atlas for a residential district designation (Section 3.2.E, LDR). This is a Board initiated change in zoning from the existing A-2, Agricultural Zoning District to the RE-2A, Rural Estate District or the most appropriate District. Included with this application is a request for a Certificate of Public Facilities Exemption. The land use designation for the property on the Future Land Use Map (FLUM) of the County’s Comprehensive Growth Management Plan (CGMP) is Rural Density. There is one Category “A” zoning District available to implement the Land use designation and that is the RE-2A, Rural Estate District. The current zoning district on the property A-2, Agricultural is a Category “C” zoning district in the current Article 3 zoning code. The district is inconsistent with the future land use designation. Therefore, the request to rezone is considered mandatory. The 2.05 acre property is currently being utilized as the Indiantown Veterans Association Post 6023 (VFW). a non-for profit corporation. Only the development review staff applicable to a rezoning review is represented in this report. The following tables indicate the permitted uses and the development standards for the RE-2A, Rural Estate category “A” District. The permitted uses for the A-2, Agricultural District are listed separately as the permitted uses do not directly correspond to the Category “A” table.

8 of 47

Development Review Staff Report

Page 2 of 16

Sec. 3.11. - Permitted uses.

Lands zoned in accordance with this Division shall be limited to the uses indicated as permitted in Tables 3.11.1, 3.11.2 and 3.11.3. A "P" indicates that the use is permitted within that zoning district provided that the use can be developed in accordance with the requirements set forth in Divisions 3 and 4 and all other applicable requirements of this Article and the LDR.

(Ord. No. 608, pt. 1, 3-19-2002; Ord. No. 623, pt. 1, 11-5-2002)

TABLE 3.11.1 PERMITTED USES - CATEGORY "A" AGRICULTURAL AND RESIDENTIAL DISTRICTS

USE CATEGORY

R E 2 A

Residential Uses

Accessory dwelling units

Apartment hotels

Mobile homes

Modular homes P

Multifamily dwellings

Single-family detached dwellings P

Single-family detached dwellings, if established prior to the effective date of this ordinance

Townhouse dwellings

Duplex dwellings

Zero lot line single-family dwellings

Agricultural Uses

Agricultural processing, indoor

Agricultural processing, outdoor

Agricultural veterinary medical services P

9 of 47


Page 3 of 16

Aquaculture

Crop farms P

Dairies

Exotic wildlife sanctuaries P

Farmer's markets

Feed lots

Fishing and hunting camps

Orchards and groves P

Plant nurseries and landscape services P

Ranches

Silviculture P

Stables, commercial P

Storage of agricultural equipment, supplies and produce

Wildlife rehabilitation facilities

Public and Institutional Uses

Administrative services, not-for-profit

Cemeteries, crematory operations and columbaria

Community centers P*

Correctional facilities

Cultural or civic uses

Dredge spoil facilities

Educational institutions

10 of 47


Page 4 of 16

Electrical generating plants

Fairgrounds

Halfway houses

Halfway houses, on lots where such use was lawfully established prior to the effective date of this ordinance

Hospitals

Neighborhood assisted residences with six or fewer residents P

Neighborhood boat launches

Nonsecure residential drug and alcohol rehabilitation and treatment facilities

Nonsecure residential drug and alcohol rehabilitation and treatment facilities, on lots where such use was lawfully established prior to the effective date of this ordinance

Places of worship P

Post offices

Protective and emergency services P

Public libraries

Public parks and recreation areas, active P

Public parks and recreation areas, passive P

Public vehicle storage and maintenance

Recycling drop-off centers P

Residential care facilities

Residential care facilities, where such use was lawfully established prior to the effective date of this ordinance

Solid waste disposal areas

11 of 47


Page 5 of 16

Utilities P

Commercial and Business Uses

Adult business

Bed and breakfast inns P

Business and professional offices

Campgrounds

Commercial amusements, indoor

Commercial amusements, outdoor

Commercial day care P

Construction industry trades

Construction sales and services

Family day care P

Financial institutions

Flea markets

Funeral homes

General retail sales and services

Golf courses P

Golf driving ranges

Hotels and motels

Kennels, commercial

Limited retail sales and services

Marinas, commercial

12 of 47


Page 6 of 16

Marine education and research

Medical services

Parking lots and garages

Recreational vehicle parks

Recreational vehicle parks, limited to the number and configuration of units lawfully established prior to the effective

date of this ordinance

Residential storage facilities

Restaurants, convenience, with drive through facilities

Restaurants, convenience without drive through facilities

Restaurants, general

Shooting ranges, indoor

Shooting ranges, outdoor

Trades and skilled services

Vehicular sales and service

Vehicular service and maintenance

Veterinary medical services

Wholesale trades and services

Transportation, Communication and Utilities Uses

Airstrips P

Airports, general aviation

Industrial Uses

Composting, where such use was approved or lawfully established prior to March 1, 2003

13 of 47


Page 7 of 16

Extensive impact industries

Limited impact industries

Mining

Salvage yards

Yard trash processing

Yard trash processing on lots where such use was lawfully established prior to March 29, 2002

*P Pending BOCC adoption of LDR changes.

(Ord. No. 608, pt. 1, 3-19-2002; Ord. No. 623, pt. 1, 11-5-2002; Ord. No. 633, pt. 1, 9-2-2003; Ord. No. 669, pt. 1, 6-28-2005; Ord. No. 866, pt. 2, 6-22-2010; Ord. No. 891, pt. 1, 2-22-2011; Ord. No. 970, pt. 1, 4-7-2015)

Sec. 3.12. - Development standards.

The land development standards set forth in Tables 3.12.1 and 3.12.2 shall apply to all lands zoned in accordance with this Division.

TABLE 3.12.1 DEVELOPMENT STANDARDS

C A T

Zoning District

Min. Lot Area

(sq. ft.)

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 RE-2A 2 ac. 175 0.50 — — 30 50 —

(Ord. No. 608, pt. 1, 3-19-2002; Ord. No. 623, pt. 1, 11-5-2002; Ord. No. 633, pt. 1, 9-2-2003; Ord. No. 809, pt. 1, 9-9-2008; Ord. No. 866, pt. 2, 6-22-2010; Ord. No. 937, pt. 1, 8-6-2013)

14 of 47


Page 8 of 16

TABLE 3.12.2. STRUCTURE SETBACKS

Front/by story

(ft.) Rear/by story

(ft.) Side/by story

(ft.)

C A T

Zoning District 1 2 3 4 1 2 3 4 1 2 3 4

A RE-2A 30 30 30 30 30 30 30 30 30 30 30 30

(Ord. No. 608, pt. 1, 3-19-2002; Ord. No. 633, pt. 1, 9-2-2003; Ord. No. 727, pt. 1, 10-24-2006; Ord. No. 809, pt. 1, 9-9-2008; Ord. No. 866, pt. 2, 6-22-2010; Ord. No. 937, pt. 1, 8-6-2013; Ord. No. 1014, pt. 2, 12-6-2016)

Sec. 3.412. - A-2 Agricultural District.

3.412.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. Any use permitted in the A-1 and A-1A Districts.

2. Airports and landing fields. Airplane landing fields and accessory facilities for private or public use, including flight strips, provided runways and flight patterns are so oriented as not to constitute a nuisance to any established or planned residential areas as delineated in the comprehensive plan of the County.

3. Cemeteries, crematories and mausoleums. Graves shall not be closer than 25 feet from the property line.

4. Stock raising, stables and dog kennels; provided stables, kennels and dog runways are not less than 50 feet to the property line.

5. Agricultural packinghouses, sawmills and planning mills, turpentine stills and other operations utilizing the natural resources of the region; provided, however, no such operation shall be established or conducted within 600 feet of the nearest highway right-of-way or within 50 feet of the property line.

6. Public works and public utility facilities and service facilities.

7. Fishing camps.

8. Hunting camps subject to the following requirements:

a. Any licensee with a Hunting Preserve License issued by the Florida Fish and Wildlife Conservation Commission which is valid as of November 17, 2009, located on land zoned A-2 within Martin County may establish one hunting camp.

b. The minimum lot size shall be 20 acres.

c. Kennels for hunting dogs kept at the hunting camp shall not be located within 200 feet of any property line unless completely enclosed and soundproofed and shall be designed and maintained for secure, humane confinement. Animal wastes from the kennels shall be managed in such a manner as to prevent odors from being carried beyond the property boundary.

d. Overnight accommodations shall be limited to no more than six guest rooms. The length of stay for any guest shall not exceed 14 consecutive nights.

15 of 47


Page 9 of 16

e. Meals may be served only to customers of the hunting camp. Freestanding restaurants open to the general public are not permitted.

f. Overnight camping of a duration not to exceed five nights is permitted. No permanent structures shall be constructed for the purpose of overnight camping.

g. Shooting ranges as defined in section 3.3 are not permitted within a hunting camp.

h. The sale and/or rental of hunting accessories to customers of a hunting camp are permitted. Retail sales of hunting accessories to the general public are not permitted.

9. Public structures owned and operated by governmental agencies and used for public purposes.

10. Trailers. The minimum lot size for a trailer shall be 20 acres and there shall be no more than one trailer on any lot. The trailer shall not be located within 100 feet of any property line. The trailer shall be permitted to remain only so long as the principal use of the property is agricultural. The trailer shall only be used as a residence. The trailer shall be screened from view of abutting lots and public streets to a height of six feet, for example, by means of an opaque fence or landscape buffer.

11. Farmer's markets, as defined in division 2 and pursuant to the requirements set forth in section 3.71.1 of the Land Development Regulations.

3.412.B. Required lot area. The required lot area shall not be less than five acres; provided, however, that in the old recorded subdivisions known as Palm City Farms (Plat Book 6, page 42, Palm Beach County), St. Lucie Inlet Farms (Plat Book 1, page 98, Palm Beach County), and St. Lucie Gardens (Plat Book 1, page 35, St. Lucie County), each full (as opposed to fractional) tract shown on said plats shall for purposes of lot area requirements be considered to be ten acres, and one-half of any such tract shall for purposes of lot area requirements be considered to be five acres; and provided further, however, that the existence of road rights-of-way and road easements (other than that of the Sunshine State Parkway, also known as Florida Turnpike) shall be disregarded for purposes of lot area requirements.

3.412.C. Minimum yards required.

1. Front: 25 feet.

2. Rear and side: 25 feet.

3. No structure shall be built within 50 feet of the center line of any public platted right-of-way not a designated through-traffic highway.

4. No structure shall be built within 65 feet of the center line of a designated through-traffic highway.

5. No setback or yard shall be required adjacent to water frontage.

(Ord. No. 608, pt. 1, 3-19-2002; Ord. No. 633, pt. 1, 9-2-2003; Ord. No. 669, pt. 1, 6-28-2005; Ord. No. 833, pt. 4, 11-17-2009)

Standards for Amendments to the Zoning Atlas 1. The Comprehensive Growth Management Plan (CGMP) states in Chapter 4, Section 4.4: “Goal

4.4.: To eliminate or reduce uses of land that are inconsistent with community character or desired future land uses.” And, in Objective 4.4A. “To eliminate inconsistencies between the FLUM and the zoning maps and regulations.”

2. The Martin County Land Development Regulations (LDR), Article 3, Section 3.2 E.1. provides

the following “Standards for amendments to the Zoning Atlas.”

The Future Land Use Map of the CGMP 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

16 of 47


Page 10 of 16

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.

a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive Plan; and, The subject property is designated Rural Density, on the Future Land Use Map (FLUM). The requested RE-2A, Rural Estate District implements the Rural Density Future Land Use policies of the CGMP. The granting of a zoning change to the RE-2A, Rural Estate Zoning District by the County will be consistent with the policies set forth in the CGMP.

b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and,

Zoning implementation policies and requirements are contained in Article 3, Zoning Regulations, Land Development Regulations, Martin County Code. Pursuant to Article 3 there is one “straight” Category A zoning district available to implement the Rural Density future land use classification, which is the RE-2A, Rural Estate Zoning District. Therefore, rezoning the subject property to the RE-2A, Rural Estate Zoning District is consistent with the Comprehensive Plan. The choice of the most appropriate district for the subject property is a policy decision the Local Planning Agency (LPA) and the Board of County Commissioners (BCC) are asked to consider based on the “standards for amendments to the zoning atlas” provided in Section 3.2 E.1., Article 3, Land Development Regulations (LDR), Martin County Code (MCC). In addition to the “straight” zoning district, the PUD (Planned Unit Development) District is also available as another option. Pursuant to Section 3.10.B., LDR, the RE-2A, Rural Estate district is intended to implement the policies of the CGMP for lands designated Rural Density on the Future Land Use Map of the CGMP. Therefore, rezoning the subject property to the RE-2A, Rural Estate Zoning District is consistent with the Land Development Regulations. 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 Development Order 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,

The subject property is approximately 2.05 acres located at 16701 SW Morgan approximately 220 feet east of SW Allapattah Road. The requested zoning change to the RE-2A, Rural Estate Zoning District is compatible with the distribution of uses in the area and implements the future land use on the property.

17 of 47


Page 11 of 16

d. Whether and to what extent there are documented changed conditions in the area; and,

The pattern of development which has focused on residential and Agricultural uses is well established. A review of historical aerials and a comparison of the original future land use map to the current parcel configurations and development of the area indicate that existing conditions are similar to the original future land use map created in 1982.

e. Whether and to what extent the proposed amendment would result in demands on public facilities; and,

The property is in the Secondary Urban Services District. The uses available to the RE-2A, Rural Estate District do not create disproportionate demands on public facilities as compared to the Agricultural District.

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,

The proposed amendment to the zoning atlas is consistent with the Rural Density designation assigned to the Future Land Use Map. The permitted uses and Land Development regulations pertaining to the RE-2A, Rural Estate Zoning District are well suited for the area and will conserve the value and development pattern that is well established.

g. Consideration of the facts presented at the public hearings.

The subject application requires a public hearing before the Local Planning Agency, who will make a recommendation on the request; and, before the Board of County Commissioners, who will take final action on the request. The two hearings will provide the public an opportunity to participate in the review and decision making process.

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 Division or Department Reviewer Phone Assessment F Comprehensive Plan Peter Walden 219-4923 Comply F ARDP Samantha Lovelady 288-5664 N/A G Development Review Peter Walden 219-4923 Comply S County Attorney Krista Storey 288-5443 Comply T Adequate Public Facilities Peter Walden 219-4923 Comply

D. Review Board action Pursuant to Sections 10.1.D., 10.4.A.1., and 10.5.A.1., LDR, Martin County, Fla. (2016), applications for a zoning map change shall be subject to a review and recommendation of the Local Planning Agency

18 of 47


Page 12 of 16

(LPA) with final action to be determined by the Board of County Commissioners (BCC). Both the LPA and BCC meetings shall be public hearings in accordance with Section 10.7., LDR, Martin County, Fla. (2016). This matter was considered by the Local Planning Agency (LPA) on February 1, 2018. The LPA recommended the board approve the rezoning unanimously. E. Location and site information Parcel number(s) and address: 30-39-39-002-000-0065.0-4 16701 SW Morgan St Existing Zoning: A-2, Agricultural Future land use: FLU-RR, Future Land Use Rural Res Census tract: Not Applicable Commission district: 5 Community redevelopment area: Indiantown Municipal service taxing unit: District 5 Planning area: Not Available Storm surge zone: Not Available Taxing district: Not Available Traffic analysis zone: 87

Location Map

19 of 47


Page 13 of 16

Future Land Use Map Excerpt

Zoning Atlas Excerpt

F. Determination of compliance with Comprehensive Growth Management Plan requirements -

Growth Management Department Findings of Compliance: Zoning Conditions

20 of 47


Page 14 of 16

Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations. MARTIN COUNTY, FLA., CGMP POLICY 4.4A.1 (2016) 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 requirements issues associated with this application. MARTIN COUNTY, FLA., CGMP POLICY 4.4A.1. (2016) G. Determination of compliance with land use, site design standards, zoning, and procedural

requirements - Growth Management Department The Growth Management Department Development Review Division staff has reviewed the application and, pursuant to the analysis provided in Section B of this report, finds this application in compliance with the applicable regulations. There are no unresolved land use, site design standards, zoning and procedural requirements issues associated with this application. MARTIN COUNTY, FLA., LDR SECTION 3.2.E. (2016) H. Determination of compliance with legal requirements - County Attorney's Office

1. Review ongoing I. Determination of compliance with the adequate public facilities requirements - responsible

departments The review for compliance with the standards for a Certificate of Adequate Public Facilities Exemption for development demonstrates that no additional impacts on public facilities were created in accordance with Section 5.32.B., LDR. Exempted development will be treated as committed development for which the County assures concurrency. Examples of developments that do not create additional impact on public facilities include: A. Additions to nonresidential uses that do not create additional impact on public facilities; B. Changes in use of property when the new use does 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. J. 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:

21 of 47


Page 15 of 16

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. K. Local, State, and Federal Permits All the applicable Local, State and Federal Permits have been issued. L. 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: Fee amount: Fee payment: Balance: Advertising fees*: TBD Recording fees**: TBD Mandatory impact fees: TBD Non-mandatory impact fees: TBD * 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. M. General application information Applicant: Indiantown Veterans Assn 16701 SW Morgan St Indiantown, FL 34956 772-597-4096 Agent: Martin County Bocc 2401 SE Monterey Rd Stuart, FL 34995 Engineer: Captec Engineering, Inc. Joseph Capra 301 N.W. Flagler Ave. Stuart, FL 34994 772-692-4344 N. Acronyms ADA ............. Americans with Disability Act AHJ .............. Authority Having Jurisdiction ARDP ........... Active Residential Development Preference

22 of 47


Page 16 of 16

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 O. Attachments

23 of 47

Prepared By: Martin CountyGrowth Management Department2401 S.E. Monterey RoadStuart, FL 34996

___________________________________________________________________________[space above line provided for recording data]

BEFORE THE BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA

RESOLUTION NUMBER 18-

[REGARDING A CHANGE IN ZONING CLASSIFICATION FROM A-2, AGRICULTURAL DISTRICT, TO RE-2A, RURAL ESTATE DISTRICT FOR THE BOARD OF COUNTY COMMISSIONERS WITH A CERTIFICATE OF PUBLIC FACILITIES EXEMPTION]

WHEREAS, this Board has made the following determinations of fact:

1. The Board of County Commissioners initiated an application for a change in zoning district classification from the current A-2, Agricultural District, to the RE-2A, Rural Estate District, for the property described in Exhibit A, attached hereto.

2. The Local Planning Agency considered the application at a public hearing on February 1, 2018.The LPA’s recommendation was forwarded to the Board of County Commissioners.

3. This Board has considered such recommendations.4. Upon proper notice of hearing this Board held a public hearing on the application on March 13,

2018.5. 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 the A-2, Agricultural District to the RE-2A, Rural Estate 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.

24 of 47

DULY PASSED AND ADOPTED THIS 13th DAY OF MARCH, 2018.

ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

BY:_________________________ BY:__________________________CAROLYN TIMMANN, CLERK OF EDWARD V. CIAMPI, CHAIRMANTHE CIRCUIT COURT AND COMPTROLLER

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

BY:____________________________KRISTA A. STOREYSENIOR ASSISTANT COUNTY ATTORNEY

ATTACHMENTS:

Exhibit A, Legal Description

25 of 47

Exhibit A

Legal Description LITTLE RANCH ESTATES, SEC 2, E 300' OF W 558.13' OF TR D

26 of 47

LOCAL PLANNING AGENCY MEETING

Martin County Commissioner Chambers 2401 S.E. Monterey Road

Stuart, Florida 34996

MEETING MINUTES- February 1, 2018

Present: Chairman……………………………………………………………………………. Jim Moir Vice Chair …………………………………………………………………………. Scott Watson Agency Members………………………………………………………………. Don Foley, III …………………………………………………………………………………………… Joseph Banfi ……………………………………………………………………………………………. Cindy Hall School Board Liaison ………………………………………………………. Kimberly Everman Staff Present:

Growth Management Department: Director ………………………………………………………………………………. Nicki van Vonno Sr. Planner …………………………………………………………………. ………. Irene Szedlmayer Sr. Planner………………………………..…………………………………………. Peter Walden Sr. Planner ………………………………………………………………………….. Richard Lawton Sr. Assistant County Attorney……………………………………………… Krista Storey

Agency Recorder……………………………………………………………………Mary Holleran

1. CALL TO ORDER

The meeting was called to order at 7:02 pm by Mr. Moir, Chairman. A quorum was noted.

2. CONSENT AGENDA

A. Approval of Consent Agenda and Minutes of the LPA meeting of January 18, 2018.

* MOTION – MOVED by Ms. Hall to approve the Consent Agenda and Minutes

of the LPA meeting of January 18, 2018. ** SECONDED by Mr. Foley Carried UNANIMOUSLY 3. UNFINISHED BUSINESS

A. Public Hearings 1. None

27 of 47

Local Planning Agency Meeting- Minutes –February 1, 2018

6

The Applicant: Mr. Raynes previously provided *** the Return Receipts for the record. He was disappointed with staff’s recommendations and requested that all four lots be designated as COR-2. Public Comments: Opposing the Applicant’s request: Lois Brown, Samantha Capaldo, Kelly Middleton Do not change the zoning from COR-1 to COR-2; no one from Palm City is supporting commercial development; we are concerned for the children’s safety; consider the residents needs versus commercial services. Thanks to the three Board members who voted to support COR-1 We need office space, not commercial services; Residential communities could be jeopardized in the future We don’t need more hotels in Palm City; traffic concerns are an issue Supporting the Applicant’s Request: Francis Comiskey – He would use the services, new jobs are needed from commercial development; the Highway is a place to locate businesses.

* MOTION – MADE by Mr. Foley to approve staff’s recommendation to retain COR-1 zoning district for lots 1-3- and 4 and to rezone lot 2 as COR-1.

Mr. Banfi supported the motion and the residents’ comments and hoped the

applicant would come in with a unified project. ** SECONDED by Mr. Banfi Opposed by Mr. Watson Carried 4-1 A 10 Minute Break was taken at 8:40 pm The meeting resumed at 8:55 pm 3. Indiantown VFW (053-002) (Quasi-Judicial) – Application for

rezoning from A-2, Agricultural District to RE-2A, Rural Estate District or the most appropriate zoning district for a 2.05 acre parcel located at 16701 SW Morgan Street, Indiantown, Fl. Included in this application is a request for a Certificate of Public Facilities Exemption. Agenda Item Requested by: Nicki van Vonno, AICP, Growth Management Department Director Presented by: Peter Walden, Sr. Planner, Growth Management Department

28 of 47

Local Planning Agency Meeting- Minutes –February 1, 2018

7

*** There were no Ex Parte Communication Disclosures *** No Interveners were present *** Staff Report, agenda materials and copies of resumes and professional experience for staff was provided by Mr. Walden *** Notice to surrounding property owners was provided *** Individuals providing testimony on this request were sworn in Mr. Walden confirmed the information he provided for the record. He reviewed the request for the rezoning from A-2, Agricultural District to RE-2A, Rural Estate District. The current zoning on the property is A-2, Agricultural District, is a Category “C” zoning District and is inconsistent with the future and Use designation, and the request to rezone is considered mandatory. The 2.05 acre property is currently being used as the Indiantown Veterans Association Post #6023 (VFW), a non-profit corporation. The only applicable zoning district available is RE-2A. The property is in the CRA but in the overlay. Mr. Walden displayed the location of the property that was damaged by a Tornado and said the applicants would like to rebuild the VFW. Staff found the application in compliance with applicable regulations and recommended approval. LPA – No comments or questions Public Comments –None

* MOTION – MOVED by Mr. Banfi to accept staff’s recommendation of

approval. ** SECONDED by Mr. Watson Carried UNANIMOUSLY 4. Comprehensive Plan Amendment 18-7, Hamm –Request to

consider a Future Land Use Map change from Low Density Residential and Commercial Limited to Conservation on 27 acres located just south of SE Saturn Street, between SE Federal Highway and SE Dixie Highway in Hobe Sound, FL. Agenda Item

Requested by: Nicki van Vonno, AICP, Growth Management Department Director

Presented by: Richard Lawton, Sr. Planner, Growth Management Department.

29 of 47

30 of 47

31 of 47

32 of 47

33 of 47

34 of 47

6C ❚ MONDAY, JANUARY 15, 2018 ❚ TREASURE COAST NEWSPAPERS TC6C » Monday, January 15, 2018 » TC-TC NEWS-PRESS-TRIBUNE

Buy & Sell fast!Wheels/Recreation

Notice To Creditors

IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,

FLORIDAPROBATE DIVISION

File No. 312017CP001134XXXXXX(Judge Victoria L. Griffin)

IN RE: ESTATE OFBARBARA B. PITTSDeceased.

NOTICE TO CREDITORS

The administration of the estate of Barbara B. Pitts, also known as Barbara Backus Pitts, deceased, whose date of death was July 26, 2017, is pending in the Circuit Court for Indian River County, Flor-ida, Probate Division, the address of which is 2000 16th Avenue, Vero Beach, FL 32960. The names and addresses of the personal representative and the personal representa-tive’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE 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 dece-dent and other persons having claims or demands against decedent’s estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICA-TION OF THIS NOTICE.

ALL CLAIMS NOT FILED WITH-IN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOR-EVER BARRED.

NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED.

The date of first publication of this notice is January 15, 2018.

Attorney for Personal Repre-sentative:Thomas C. Lee, Jr.AttorneyFlorida Bar Number: 0144347GUNSTER YOAKLEY & STEW-ART, PA4733 North Highway A1A, Suite 301Vero Beach, FL 32963Telephone: (772) 234-1040Fax: (772) 234-1518E-Mail: [email protected] E-Mail: [email protected] E-Mail: [email protected] Personal Representative:S. Thomas Hamilton, Jr.P. O. Box 700189Wabasso, Florida 32970Pub: January 15 and 22, 2018TCN 1883246



File No. 312017CP001120Division Probate

IN RE: ESTATE OFESTELYN M. STEVENS AKA ESTELYN MILLER STEVENSDeceased.

NOTICE TO CREDITORS

The administration of the estate of Estelyn M. Stevens aka Estelyn Miller Stevens, deceased, whose date of death was October 19, 2017, is pending in the Circuit Court for Indian River County, Flor-ida, Probate Division, the address of which is 2000 16th Avenue, Vero Beach, Florida 32960 or P.O. Box 1028, Vero Beach, Florida 32961. The names and addresses of the personal representative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.




The date of first publication of this notice is January 15, 2018.

Attorney for Personal Repre-sentative:Stephen Connelly, Esq.Attorney at LawFlorida Bar Number: 07039742770 Indian River Blvd. Suite 323Vero Beach, FL 32960Telephone: (772) 563-0566Fax: (772) 569-8855E-Mail: [email protected] E-Mail: [email protected]

Personal Representative:Bradford Lee Stevens5400 Hwy A1A N., Apt. H 17Vero Beach, Florida 32963Pub: January 15 and 22, 2018TCN 1884006

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL

CIRCUIT, IN AND FORST. LUCIE COUNTY, FLORIDA,

PROBATE DIVISION

File No. 562017CP001408Division: Probate

IN RE: ESTATE OF JOHN T. CONNOLLY, Deceased.

NOTICE TO CREDITORS

The administration of the estate of John Thomas. Con-nolly, deceased, whose date of death was October 27, 2017, is pending in the Circuit Court for St. Lucie County, Florida, Probate Division, the address of which is 218 S. 2nd Street, Fort Pierce, Florida 34950. The names and addresses of the personal representative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be served must file their claims with this court WITH-IN THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.


ALL CLAIMS NOT FILED WITH-IN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA STATUTES WILL BE FOREVER BARRED.


The first publication date of this notice is January 15, 2018.

T. Charles Shafer, EsquireAttorney for Personal Repre-sentative Florida Bar No.: 0641995309 Orange Ave. Fort Pierce, FL 34950Telephone: (772) 467-2601

Craig SollosePersonal Representative8 Bonny Rd. Brookfield, CT 06804Pub: January 15 and 22, 2018TCN 1883660

Notice To Creditors

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL

CIRCUIT, IN AND FORST. LUCIE COUNTY, FLORIDA,

PROBATE DIVISION

File No. 562017CP001408Division: Probate

IN RE: ESTATE OF JOHN T. CONNOLLY, Deceased.

NOTICE TO CREDITORS

The administration of the estate of John Thomas. Con-nolly, deceased, whose date of death was October 27, 2017, is pending in the Circuit Court for St. Lucie County, Florida, Probate Division, the address of which is 218 S. 2nd Street, Fort Pierce, Florida 34950. The names and addresses of the personal representative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be served must file their claims with this court WITH-IN THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.


ALL CLAIMS NOT FILED WITH-IN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA STATUTES WILL BE FOREVER BARRED.


The first publication date of this notice is January 15, 2018.

T. Charles Shafer, EsquireAttorney for Personal Repre-sentative Florida Bar No.: 0641995309 Orange Ave. Fort Pierce, FL 34950Telephone: (772) 467-2601

Craig SollosePersonal Representative8 Bonny Rd. Brookfield, CT 06804Pub: January 15 and 22, 2018TCN 1883660

IN THE CIRCUIT COURT FOR MARTIN COUNTY, FLORIDA

PROBATE DIVISION

File Number 17000954CPAXMXIN RE: ESTATE OF KARL EDWARD SALO,Deceased.

NOTICE TO CREDITORS(Summary Administration)

TO ALL PERSONS HAV-ING CLAIMS OR DEMANDS AGAINST THE ABOVE ESTATE:

You are hereby notified that an Order of Summary Admin-istration has been entered in the estate of KARL EDWARD SALO deceased, File Number 17000954CPAXMX, by the Cir-cuit Court for Martin County, Florida, Probate Division, the address of which is Post Office Box 9016, Stuart, FL 34995-9016; that the decedent’s date of death was October 30, 2017; that the total value of the estate is $5,182.82 and that the names and addresses of those to whom it has been assigned by such order are:

Patricia J. Salo3935 SW San Clemente Court

Palm City, FL 34990

ALL INTERESTED PERSONS ARE NOTIFIED THAT:

All creditors of the estate of the decedent and persons hav-ing 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 FLORIDA STATUTE §733.702. ALL CLAIMS AND DEMANDS NOT SO FILED WILL BE FOREV-ER BARRED. NOTWITHSTAND-ING ANY OTHER APPLICABLE TIME PERIOD, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED.

The date of first publication of this Notice is January 15, 2018.

Attorney for Person Giving Notice:KENNETH A. NORMAN, ESQ., Esq.Attorney for Personal Repre-sentativeFlorida Bar No. 0742864McCARTHY, SUMMERS, BOBKO, WOOD, NORMAN, BASS & MELBY, P.A.2400 S.E. Federal Highway, 4th FloorStuart, Florida 34994Telephone: (772) 286 1700Primary Email: [email protected] Email: [email protected]

Person Giving NoticePATRICIA J. SALOPersonal Representative3935 SW San Clemente CourtPalm City, FL 34990 Pub: January 15 and 22, 2018TCN 1884079



File No. 312017CP001143Division

IN RE: ESTATE OFMARLENE P. BROOKSDeceased.

NOTICE TO CREDITORS

The administration of the estate of MARLENE P. BROOKS, deceased, whose date of death was October 14, 2017 and is pending in the Circuit Court for Indian River County, Florida, Probate Divi-sion, the address of which is 2000 16th Avenue, Vero Beach, Florida 32960. The names and addresses of the personal rep-resentative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate, on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE 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 dece-dent and other persons having claims or demands against decedent’s estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THIS FIRST PUBLICA-TION OF THIS NOTICE.


NOTWITHSTANDING THE TIME PERIODS SET FOR ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE-DENT’S DATE OF DEATH IS BARRED.

The date of the first publica-tion of this Notice is January 15, 2018.

Attorney for Personal Repre-sentative: John Joseph McHugh, Jr., EsquireAttorneyEmail: [email protected] Florida Bar No. 444626 John Joseph McHugh, Jr., EsquireP.O. Box 2807Vero Beach, Florida 32961Telephone: 772-778-1100

Co-Personal Representatives:John Joseph McHugh, Jr. and Richard E. Paden

c/o John Joseph McHugh, Jr P.O. Box 2807 Vero Beach, Florida 32961Pub: January 15 and 22, 2018TCN 1884028

Notice To Creditors



File No. 312017CP001143Division

IN RE: ESTATE OFMARLENE P. BROOKSDeceased.

NOTICE TO CREDITORS

The administration of the estate of MARLENE P. BROOKS, deceased, whose date of death was October 14, 2017 and is pending in the Circuit Court for Indian River County, Florida, Probate Divi-sion, the address of which is 2000 16th Avenue, Vero Beach, Florida 32960. The names and addresses of the personal rep-resentative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate, on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE 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 dece-dent and other persons having claims or demands against decedent’s estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THIS FIRST PUBLICA-TION OF THIS NOTICE.


NOTWITHSTANDING THE TIME PERIODS SET FOR ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE-DENT’S DATE OF DEATH IS BARRED.

The date of the first publica-tion of this Notice is January 15, 2018.

Attorney for Personal Repre-sentative: John Joseph McHugh, Jr., EsquireAttorneyEmail: [email protected] Florida Bar No. 444626 John Joseph McHugh, Jr., EsquireP.O. Box 2807Vero Beach, Florida 32961Telephone: 772-778-1100

Co-Personal Representatives:John Joseph McHugh, Jr. and Richard E. Paden

c/o John Joseph McHugh, Jr P.O. Box 2807 Vero Beach, Florida 32961Pub: January 15 and 22, 2018TCN 1884028

Public Notices

BEFORE THE LOCAL PLAN-NING AGENCY AND THE

BOARD OF COUNTYCOMMISSIONERS

MARTIN COUNTY, FLORIDA***************************NOTICE OF PUBLIC HEARINGS

Subject: Indiantown VFW Rezoning (I053-002) Request by Martin County Board of County Commissioners for a zoning district change from the current A-2, Agricultural Zoning District to the RE-2A, Rural Estate District, or the most appropriate zoning dis-trict. Included in this appli-cation is a request for a Cer-tificate of Public Facilities Exemption.

Location: The subject proper-ty is approximately 2.05 acres located at 16701 SW Morgan Street in Indiantown.

Time and Date: LOCAL PLAN-NING AGENCY7:00 P.M., or as soon after as the matter may be heard, on Thursday, February 1, 2018

BOARD OF COUNTY COMMIS-SIONERS9:00 A.M., or as soon after as the matter may be heard, on Tuesday, March 13, 2018

Place: Martin County Adminis-trative Center 2401 SE Monterey Road Stuart, Florida

All interested persons are invited to attend and be heard. Persons with disabili-ties who need an accommoda-tion in order to participate in this proceeding are entitled, at no cost, to the provision of certain assistance. This does not include transporta-tion to and from the meeting. Please contact the Office of the ADA Coordinator at 772-221-1396, or 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 meeting date. Persons using a TDD device, please call 711 Florida Relay Services.

When attending a public hear-ing, a member of the public may speak during the public comment portion of the public hearing. A person may also participate in the public meet-ing as an Intervenor. An Inter-venor may ask questions of the staff, applicant and give testimony on the subject of the public hearing. In order to be an Intervenor, a person must qualify to receive mailed notice of the subject applica-tion in accordance with Sec-tion 10.6.E, Land Development Regulations, Martin County Code. In addition, an Interve-nor must file a form of intent with the County Administra-tor not less than 7 days prior to the LPA or BCC meeting. No fee will be assessed on Intervenor. If the Intervenor is representing a group/associa-tion, he/she must file a letter on official letterhead signed by an authorized representa-tive of the group/association, stating that he/she is autho-rized to speak for the group. Forms are available on the Martin County website www.martin.fl.us.

If any person decides to appeal any decision made with respect to any matter consid-ered at the meetings or hear-ings 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 ensure that a verba-tim record of the proceedings is made, which record should include the testimony and evi-dence upon which the appeal is to be based. For further information, including copies of the agen-da item materials, please call the Growth Management Department at 772-288-5495. All written comments should be sent to Nicki van Vonno, Growth Management Director, (e-mail: [email protected]) or 2401 SE Monterey Road, Stuart, FL 34996.

THIS NOTICE DATED THIS 15TH DAY OF January, 2018. Publish Date: January 15, 2018TCN 1888179Indian River Medical Center Board of Directors Invest-ment Committee meeting will be held on January 26, 2018 at 8:00 a.m. in the Hospital Boardroom.

Indian River Medical Center Board of Directors Finance Committee meeting will be held on January 26, 2018 at 9:30 a.m. in the Hospital Boardroom.

Indian River Medical Center Board of Directors meeting will be held on January 26, 2018 at 11:00 a.m. in the Hos-pital Boardroom.Pub: January 15, 2018TCN 1864505Indian River Medical Center Board of Directors will meet on January 22, 2018 at 4:00 p.m. in the Hospital Boardroom.Pub: January 15, 2018TCN 1889249LEGAL NOTICE:

The Indian River County Hos-pital District will hold its Regular Monthly Meeting on Thursday, January 18, 2018 at 4:30 p.m., in the County Commission Chambers, 1801 27th Street, Building “A”, Vero Beach, FL 32960. The public is invited.

If a person decides to appeal any matter discussed at these public meetings, he or she will need a record of the proceed-ings, and for such purpose, he or she may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Pub: January 15, 2018TCN 1886575

Public Notices

LEGAL NOTICE:

The Indian River County Hos-pital District will hold its Regular Monthly Meeting on Thursday, January 18, 2018 at 4:30 p.m., in the County Commission Chambers, 1801 27th Street, Building “A”, Vero Beach, FL 32960. The public is invited.

If a person decides to appeal any matter discussed at these public meetings, he or she will need a record of the proceed-ings, and for such purpose, he or she may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Pub: January 15, 2018TCN 1886575NOTICE OF PUBLIC HEARING

TO CONSIDER THEADOPTION, AMENDMENT,

AND/OR REPEAL OF A POLICY OR POLICIES OF THE SCHOOL BOARD OF ST. LUCIE COUNTY,

FLORIDA

NOTICE IS HEREBY GIVEN that the School Board of St. Lucie County, Florida, will hold a public hearing on Tuesday, February 13, 2018, at 5:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at Allapattah Flats K-8 School, 12051 NW Copper Creek Drive, Port St. Lucie, FL 34987, for the purpose of hearing public comment and objections, in accordance with Sections 120.54, 1001.41, and 1001.42, Florida Statutes, to the proposed adoption of the job descriptions as rules. If adopted, amended, and/or repealed, the proposed adop-tion, amendment, and/or repeal shall become effective upon approval by the School Board of St. Lucie County.

A copy of the proposed pol-icy (ies) will be available at the School Board Members’ Office, 12051 NW Copper Creek Dr., Port St. Lucie, Flori-da 34987. Regular office hours are Monday – Friday, 8:00 a.m. to 4:30 p.m. Contact the Board Members’ Office at (772) 429-3914.

Any person, who wishes to provide a proposal for a lower cost regulatory alternative as provided by Section 120.54(1), must do so in writing with-in 21 days after publication of this notice. The proposed adoption, amendment, and/or repeal is not expected to require legislative ratification pursuant to Section 120.541(3).

Each person who decides to appeal any decision made by the School Board with respect to any matter considered at the meeting is advised that the person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.

If due to a disability, any indi-vidual requires special accom-modation to receive School Board information or partic-ipate in School Board func-tions, please call (772) 429-3914 and ask for the School Board’s Executive Assistant. The Telecommunications Device for the Deaf (TDD) tele-phone number is (772) 429-3919.

Dated this 11th day of January, 2018. SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: E. Wayne Gent, Superin-tendentPub: January 15, 2018TCN 1888714Notice Under Fictitious Name

Law Pursuant to Section 865.09, Florida Statutes

NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of BIG SHOTS GOLF VERO BEACH located at 3456 US Highway 1, in the Coun-ty of Indian River, City of Vero Beach, Florida 32960, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at Vero Beach, Florida, this 8th day of January, 2018.

Vero Beach Golf andEntertainemnt, LLC

Pub: January 15, 2018TCN 1883977NOTICE OF

FORFEITURE COMPLAINT

On or about March 24, 2016 as the result of an investigation conducted in Martin County, Florida, the Sheriff seized and still holds ONE 2015 JAGUAR, VIN No. SAJWA6BC7F8K14934, FL TAG No. SCC21. A forfeiture complaint has been filed in the Circuit Court in and for Martin County, Florida. Brittany Brooks, Esq.Legal AdvisorMartin County Sheriff’s Office(772) 220-7003Pub: January 8 and 15, 2018TCN 1879656Notice Under Fictitious Name

Law Pursuant to Section 865.09, Florida Statutes

NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of The Twisted Hippy located at 209 SW Star-flower Avenue, in the County of St. Lucie, City of Port St. Lucie, Florida 34984, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at Port St. Lucie, Florida, this 8th day of January, 2018.

Karen GitlitzPub: January 15, 2018

TCN 1884050PUBLIC NOTICE

MARTIN COUNTY UTILITIES,THE CITY OF STUART AND SOUTH MARTIN REGIONAL

UTILITY (SMRU) FREECHLORINE MAINTENANCE

Martin County Utilities, City of Stuart and South Martin Regional Utility (SMRU) will temporarily change the meth-od of chlorinating potable water to insure the future safety of the water. The Utili-ty water users may notice an unusual chlorine taste or odor in their tap water during the period of January 7, 2018 – Jan-uary 21, 2018.

These temporary conditions will not be harmful to your health; however, if you are on kidney dialysis, you should consult your physician for spe-cial instructions concerning this matter. If you have trop-ical fish or aquatic animals, you should contact your local tropical fish store for advice and take appropriate action to insure that you have properly treated the water before add-ing it your aquarium.

The hydrant flushing during this period may cause the water to become cloudy and discolored. This is a tempo-rary condition and should not last more than a few hours.

We sincerely regret any incon-venience you may experience during this time. Please keep in mind that this is necessary to provide safe water for our customers.

For more information con-tact Martin County Utilities Customer Service at (772) 221-1434, the City of Stuart Customer Service at (772) 288-5317 or (772) 288-5318 or South Martin Regional Utility (SMRU) Customer Service at (772) 546-2511.

Thank you for your cooper-ation.Pub: January 6 - 20, 2018 TCN 1854505

Public Notices

PUBLIC NOTICE

MARTIN COUNTY UTILITIES,THE CITY OF STUART AND SOUTH MARTIN REGIONAL

UTILITY (SMRU) FREECHLORINE MAINTENANCE

Martin County Utilities, City of Stuart and South Martin Regional Utility (SMRU) will temporarily change the meth-od of chlorinating potable water to insure the future safety of the water. The Utili-ty water users may notice an unusual chlorine taste or odor in their tap water during the period of January 7, 2018 – Jan-uary 21, 2018.

These temporary conditions will not be harmful to your health; however, if you are on kidney dialysis, you should consult your physician for spe-cial instructions concerning this matter. If you have trop-ical fish or aquatic animals, you should contact your local tropical fish store for advice and take appropriate action to insure that you have properly treated the water before add-ing it your aquarium.

The hydrant flushing during this period may cause the water to become cloudy and discolored. This is a tempo-rary condition and should not last more than a few hours.

We sincerely regret any incon-venience you may experience during this time. Please keep in mind that this is necessary to provide safe water for our customers.

For more information con-tact Martin County Utilities Customer Service at (772) 221-1434, the City of Stuart Customer Service at (772) 288-5317 or (772) 288-5318 or South Martin Regional Utility (SMRU) Customer Service at (772) 546-2511.

Thank you for your cooper-ation.Pub: January 6 - 20, 2018 TCN 1854505

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN THAT THE MEMBERS OF THE CLARK ADVANCED LEARN-ING CENTER MANAGEMENT BOARD WILL HOLD A BOARD MEETING MONDAY, JANUARY 22, 2018 AT 2:00 P.M. IN THE CLARK CENTER FOR ACA-DEMIC INNOVATION, ROOM 110 ON THE CHASTAIN CAM-PUS OF INDIAN RIVER STATE COLLEGE AT 2400 SE SALER-NO ROAD, STUART, FLORIDA 34997. ANY PERSONS WISH-ING TO PLACE BEFORE THAT BOARD FOR CONSIDERATION ARGUMENTS CONCERNING ISSUES OF LAW OR POLICY OR PRESENT EVIDENCE OF ANY PERTINENT FACT THAT MAY BE IN DISPUTE MUST NOTI-FY THE BOARD AT LEAST FIVE DAYS BEFORE THE SCHEDULED MEETING OF THE BOARD. ANY PERSONS WISHING TO APPEAL THE DECISIONS OF THIS BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING WILL NEED A RECORD OF THE PROCEED-INGS, AND FOR SUCH PUR-POSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE.

PUBLISH: JANUARY 15, 2018TCN 1880591

Tax Deed Application

NOTICE OF APPLICATION FOR TAX DEED

Tax Deed File No.: 17-231

NOTICE IS HEREBY GIVEN, that TAX EASE FUNDING 2016-1 LLC the holder of the follow-ing certificate has filed said certificates for a tax deed to be issued thereon. The cer-tificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows:

Certificate No.: 2013-3037Year of Issuance: 2013

Address: 1614 HAVANA AVE, FORT PIERCEProperty Description: LA WNWOOD ADDN BLK 4 LOTS 34 AND 35AND S 8 FT OF V AC ALLEY ADJ ON N (OR 3532-495)Parcel ID: 2416-504-0051-000/2

Name(s) in Which Assessed: WILLIAM J PARDO - A YBARI DISNARYS RUENESI FT PIERCE RENTALS LLC

Said property being in the County of St. Lucie, State of Florida.

Unless said certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder by electronic sale 5th of February, 2018 at https://stlucie.clerkauction.com at 11:00 A.M.

WARNINGTHERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP-ERTY WILL BE SOLD AT PUB-LIC AUCTION ON 02/05/2018 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAYMENT, OR TO RECEIVE FURTHER INFORMATION, CONTACT THE CLERK OF COURT IMMEDI-ATELY AT 2300 VIRGINIA AVE, 2ND FLOOR, FORT PIERCE, FL 34892, 772-462-6926.

Property may be redeemed through the St. Lucie County Tax Collector. For redemption amounts and instructions, please contact the Tax Collec-tor, 772-462-1650.

Dated this 2nd day of January, 2018.

MARGARET RAHAL, Deputy ClerkClerk of the Circuit Court,St. Lucie CountyPub: January 8, 15, 22 and 29, 2018TCN 1876388NOTICE OF APPLICATION FOR

TAX DEED


NOTICE IS HEREBY GIVEN, that NU TAX I GP the holder of the following certificate has filed said certificates for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows:

Certificate No.: 2010/2847 Year of Issuance: 2010

Address: 108 N 24TH ST, FORT PIERCEProperty Description: FT PIERCE HTS BLK 5 LOTS 15 AND 16 (OR 3134-7)Parcel ID: 2408-507-0031-000/0

Name(s) in Which Assessed: JIRI G. ABSOLON



WARNINGTHERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP-ERTY WILL BE SOLD AT PUB-LIC AUCTION ON 02/05/2018 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAYMENT, OR TO RECEIVE FURTHER INFORMATION, CONTACT THE CLERK OF COURT IMMEDIATE-LY AT 2300 VIRGINIA AVE, 2ND FLOOR, FORT PIERCE, FL 34892, 772-462-6926.


Dated this 15th day of Decem-ber, 2017.

MARGARET RAHAL,Deputy ClerkClerk of the Circuit Court,St. Lucie CountyPub: January 8, 15, 22 and 29, 2018TCN 1861193

Tax Deed Application





Address: 108 N 24TH ST, FORT PIERCEProperty Description: FT PIERCE HTS BLK 5 LOTS 15 AND 16 (OR 3134-7)Parcel ID: 2408-507-0031-000/0

Name(s) in Which Assessed: JIRI G. ABSOLON











Address: 3266 SW PORT ST LUCIE BLVD, PORT SAINT LUCIEProperty Description: PORT ST LUCIE-SECTION 15- BLK 1447 LOT 11 (MAP 44119N) (OR 668-877: 1318-177: 1346-1371: 1440-1083)Parcel ID: 3420-570-0226-000/1

Name(s) in Which Assessed: HERCULES TRUST/ IRAKLIS PANAGIOTAKOPOULOS, AS TRUSTEE OF THE HERCULES TRUST











Address: 1050 SW JANAR AVE, PORT ST LUCIEProperty Description: PORT ST LUCIE-SEC 19- BLK 1936 LOT 7 (MAP 44/30S) (OR 2001-1930)Parcel ID: 3420-590-1345-000/0

Name(s) in Which Assessed: EXILIENNE JEAN-FRANCOIS







Ad

Num

ber:

Inse

rtio

n N

umbe

r:

Siz

e:

Col

or T

ype:

1888

179

N/A

1 C

ol x

133

ag

N/A

Adv

ertis

er:

Age

ncy:

Sec

tion-

Pag

e-Z

one(

s):

Des

crip

tion:

Mar

tin

Co

un

ty C

om

mis

sio

ner

s

N/A

C-6

-All

I053

-002

Ind

ian

tow

n V

FW

Rez

on

ing

Mo

nd

ay, J

anu

ary

15, 2

018

35 of 47

2018_0117_I053-002_Sample_Notice.docx

RE: Notice of Public Hearings for I053-002, VFW Indiantown Request and Location: Request for a zoning change by Martin County Board of County Commissioners from the current A-2, Agricultural District to the RE-2A, Rural Estate District or the most appropriate zoning district for an approximately 2 acre parcel located at 16701 SW Morgan Street in Indiantown. Included in this application is a request for a Certificate of Public Facilities Exemption. Dear Property Owner: As the owner of property within 1,000 feet of the property in the above description and shown on the map attached to this letter, please be advised that consideration of a request for a zoning change as noted above will occur at two (2) public hearings. The date, time and place of the scheduled hearings are as follows: Time and Date: LOCAL PLANNING AGENCY 7:00 P.M., or as soon after as the matter may be heard, on Thursday, February 1, 2018 BOARD OF COUNTY COMMISSIONERS 9:00 A.M., or as soon after as the matter may be heard, on Tuesday, March 13, 2018 Place: Martin County Administrative Center 2401 S.E. Monterey Road Stuart, Florida Accessibility arrangements: 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 ADA Coordinator at (772)-221-1396, or the Office of the County Administrator at (772) 221-2360, or in writing to 2401 SE 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. Public involvement opportunities: All interested persons are invited to attend any or all of the above-described hearings and will have an opportunity to speak. Intervenor: A person may also participate in the public meeting as an Intervenor. An Intervenor may ask questions of the staff, applicant and give testimony on the subject of the public hearing. In order to be an Intervenor, a person must qualify to

MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD • STUART, FL 34996

January 12, 2018 Telephone: (772) 288-5495 Email: [email protected]

DOUG SMITH Commissioner, District 1

ED FIELDING Commissioner, District 2

HAROLD E. JENKINS II Commissioner, District 3

SARAH HEARD Commissioner, District 4

EDWARD V. CIAMPI Commissioner, District 5

TARYN KRYZDA, CPM County Administrator

SARAH W. WOODS County Attorney

TELEPHONE 772-288-5400

WEB ADDRESS

http://www.martin.fl.us

36 of 47

2018_0117_I053-002_Sample_Notice.docx

receive mailed notice of the subject application in accordance with Section 10.6.E., Land Development Regulations, Martin County Code. In addition, an Intervenor must file a form of intent with the County Administrator not less than 7 days prior to the meeting. No fee will be assessed on the 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. Forms are available on the website by going the Martin County website at: www.martin.fl.us and type intervenor forms into the search queue. When selecting forms, please note, they are meeting specific. All application files are available for public inspection during business hours at the address below. Written comments will be included as part of the public record of the application. View Application Files at: Martin County Administrative Center Growth Management Department Development Review Division 2401 S.E. Monterey Road Stuart, FL 34996 Submit Written Comments to: Nicki van Vonno, Director Growth Management Department Martin County Administrative Center 2401 S.E. Monterey Road Stuart, FL 34996 Record for appeals: 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. For more information please contact the Martin County Growth Management Department at (772) 288-5495. Sincerely, Paul Schilling Development Review Administrator PS/PW/jvs Attachments: Location Map

37 of 47

http://www.martin.fl.us/

Indiantown VFW Post 6023

16701 SW Morgan Street Indiantown Fl,34956

Martin County Growth Management Department

Minor Site Plan Review

Legal Description LITTLE RANCH ESTATES, SEC 2, E 300' OF W 558.13' OF TR D

38 of 47

301 NW Flagler Avenue, Stuart, FL 34994 - 772-692-4344 - fax - email capteclnfo@gocaptec. com

39 of 47

40 of 47

41 of 47

42 of 47

43 of 47

44 of 47

Prepared By: Martin CountyGrowth Management Department2401 S.E. Monterey RoadStuart, FL 34996

___________________________________________________________________________[space above line provided for recording data]

BEFORE THE BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA

RESOLUTION NUMBER 18-___

[REGARDING DENIAL OF CHANGE IN ZONING CLASSIFICATION FROM A-2,AGRICULTURAL DISTRICT, TO RE-2A, RURAL ESTATE DISTRICT, FOR THE BOARD OF COUNTY COMMISSIONERS.

WHEREAS, this Board has made the following determinations of fact:

1. The Board of County Commissioners initiated an application for a change in zoning district classification from A-2, Agricultural District, to RE-2A, Rural Estate District, for the property described in Exhibit A, attached hereto.

2. The Local Planning Agency was scheduled to hear the application at a public hearing on February 1, 2018. The LPA’s recommendations were forwarded to the Board of County Commissioners.

3. This Board has considered such recommendations.4. Upon proper notice of hearing this Board held a public hearing on the application on March 13,

2018.5. At the public hearing, all interested parties were given an opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:

A. The request for a zoning district change from the A-2, Agricultural District, to the RE-2A,Rural Estate District, for the Board of County Commissioners 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.

45 of 47

DULY PASSED AND ADOPTED THIS 13TH DAY OF MARCH, 2018.

ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

BY:_________________________ BY:__________________________CAROLYN TIMMANN, CLERK OF EDWARD V. CIAMPI, CHAIRMANTHE CIRCUIT COURT AND COMPTROLLER

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

BY:____________________________KRISTA A. STOREYSENIOR ASSISTANT COUNTY ATTORNEY

ATTACHMENTS:

Exhibit A, Legal Description

46 of 47

Exhibit A

Legal Description GOMEZ GRANT W OF RIVER, COM AT PI W R/W LANTANA AVE & S R/WBRIDGE RD, SLY ALG LANTANA AVE 660' FOR POB... CONT SLY ALG R/W 455',W 360' M/L TO LAKE, MEANDER NLY TO PT WLY OF BEG, E TO POB.

47 of 47

Documents

6C · PDF file · 2018-03-09Mailing Notice Affidavit ... quasi-judicial decision by a local government can provide guidance as the Board conducts this quasi-judicial proceeding. Quasi-judicial