1. law, govt and politics

6B
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY
PLACEMENT: PUBLIC HEARINGS
PRESET:
TITLE: ORINOCO DEVELOPMENTS, LLC – REQUEST FOR REZONING
AGENDA ITEM DATES:
MEETING DATE:
3/24/2015
COMPLETED DATE:
3/12/2015
COUNTY ATTORNEY:
3/2/2015
ASSISTANT COUNTY ADMINISTRATOR:
3/9/2015
REQUESTED BY:
DEPARTMENT:
PREPARED BY:
Name: Terence P. McCarthy,
Esq., McCarthy, Summers, et
al
Growth Management
Catherine Riiska, MS, PWS
Name: Orinoco
Developments, LLC
Senior Planner
Procedures: Quasi-Judicial Procedures
EXECUTIVE SUMMARY:
This is a request for a zoning district change from the current R-3A, Liberal Multifamily District, to the
COR-1, Commercial Office/Residential District, or the most appropriate zoning district. The subject
property consists of approximately 1.75 acres located on the east side of US-1 approximately 800 feet
south of Cove Road.
APPROVAL:
LEG
ACA
CA
8068b62a
1 of 88
BACKGROUND/RELATED STRATEGIC GOAL:
The subject property consists of approximately 1.75 acres located on the east side of US-1
approximately 800 feet south of Cove Road. The site is vacant and undeveloped, contains a portion of
upland preserve established as a buffer to an adjacent off-site wetland and is located within the Primary
Urban Services District.
The subject property is zoned R-3A, Liberal Multifamily District, and is designated Commercial
Office/Residential (COR) on the Future Land Use Map (FLUM) of the County’s Comprehensive Growth
Management Plan (CGMP). The R-3A district was incorporated as a Category C district in the current
Article 3 zoning code. The subject of this application is a request for a zoning change to the COR-1,
Commercial Office/Residential 1 District. This request for a zoning change is classified as a mandatory
rezoning.
The COR future land use designation restricts the use of the land to those uses that are provided for in
the CGMP and the implementation zoning district(s) contained in the Article 3 zoning regulations. It
allows for residential/commercial uses restricted to professional and business offices, limited service
establishments, financial institutions, live-work units, residential development or any combination of
these uses. The applicant intends to use the property for purposes pursuant to the allowances provided
for by the Commercial Office/Residential land use policies. Pursuant to Section 10.18.D. of the Martin
County Land Development Regulations, the subject of this application was reviewed by the Local
Planning Agency in a public hearing on March 5, 2015.
There are three (3) “straight” zoning districts that are available to properly implement the COR land use
policies of the CGMP. They are the CO Commercial Office, the COR-1 Commercial Office/Residential 1
and the COR-2 Commercial Office/Residential 2 districts. In addition to these districts, the applicant has
the PUD, Planned Unit Development district option which provides more flexibility to the applicant in
exchange for more control by the County including a commitment to a specific use and site plan for the
property.
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.2., Land Development
Regulations (LDR), Martin County Code (MCC).
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,
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
8068b62a
2 of 88
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 Local Planning Agency considered the rezoning request at a public hearing on March 5, 2015. By
a vote of 3-0, the LPA recommended approval of the zoning change from R-3A to COR-1.
ISSUES:
There are no unresolved issues associated with this rezoning.
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
— 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
8068b62a
3 of 88
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, 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
8068b62a
4 of 88
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 Orinoco Developments, LLC, request to rezone from the R-3A,
Liberal Multifamily District, to the COR-1, Commercial Office/Residential District for the subject
property.
ALTERNATIVE RECOMMENDATIONS
A. Move that the Board continue the Orinoco Developments, LLC, Rezoning to a date certain.
B. Move that the Board deny the Orinoco Developments, LLC, Rezoning and adopt the resolution
of denial, setting forth the reasons for the denial.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the rezoning application fee.
ALTERNATIVE RECOMMENDATIONS
N/A
DOCUMENT(S) REQUIRING ACTION:
Budget Transfer / Amendment
Chair Letter
Grant / Application
Ordinance
8068b62a
Notice
Contract / Agreement
1 Resolution
5 of 88
Other:
ROUTING:
_ ADM
_ GSD
X CA
8068b62a
_ BLD
_ ITS
X ACA
_ CDD
_ LIB
X LEG
_ COM
_ MCA
_ ENG
_ MPO
_ FRD
_ PRD
_ GMD
_ USD
6 of 88
QUASI-JUDICIAL PROCEDURES
1. Ex parte disclosures by County Commissioners.
NOTE: Chairman asks: "Do any commissioners have ex parte disclosures that have not been previously
filed with the Clerk?"
NOTE: Commissioners use written disclosure forms to disclose communications they had
prior to this public meeting with persons interested in this matter. Copies of the disclosure
are forms available from the Clerk.
2. If applicable, verification by Applicant that return receipts for notices have been filed with
the Clerk.
3. Request for identification of any Intervenors. (In order to be an Intervenor, a person must qualify
to receive mailed notice of the subject application in accordance with Section 10.6.E, Land Development
Regulations, Martin County Code (property owners within 300 feet of the project if it is inside the urban
service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any
person who qualifies may choose to be an Intervenor. In addition, an Intervenor must file a form of intent
with the County Administrator not less than 7 days prior to the Board meeting. No fee will be assessed on
Intervenor. If the Intervenor is representing a group/association, he/she must file a letter on official
letterhead signed by an authorized representative of the group/association, stating that he/she is
authorized to speak for the group.)
4. *Administration of oath to all witnesses.
5. Staff introduction of application.
6. Questions for Staff from County Commissioners.
7. Applicant presentation. (Applicant is encouraged to keep presentation clear, concise and to the point,
at a maximum of 45 minutes. Applicant’s questions for staff are to be asked during Applicant’s 45 minute
presentation. Staff responses to questions will be at the conclusion of the Applicant’s presentation. All
dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday
prior to the meeting.)
8. Questions for Applicant from County Commissioners, Intervenor, and Staff.
9. Intervenor presentations. (Intervenors are encouraged to keep presentation clear, concise and to the
point, at a maximum of 45 minutes for all Intervenors collectively. Intervenors’ questions for staff are to
be asked during Intervenors’ collective 45 minute presentation. Staff responses to questions will be at the
conclusion of Intervenors’ presentation(s). All dvd, cd or video cassette tapes must be submitted for
review by the County Administrator by the Friday prior to the meeting.)
10. Questions for Intervenor(s) from Board of County Commissioners, Applicant, Staff.
11. Public Comments.
12. Intervenor(s) rebuttal and/or final comments (maximum 20 minutes collectively).
13. Applicant rebuttal and/or final comments (maximum 20 minutes).
14. Staff Final Comments.
15. County Commissioners’ final questions, deliberation and decision.
7 of 88
MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS
REQUEST TO INTERVENE
Date:________________Proposal/Project Name: _______________________________________________
Agenda Date: ______________________
Agenda Item Number: __________________
An “intervenor” is a person who qualifies under the Land Development Regulations to receive mailed notice
regarding the subject matter (property owners within 300 feet of the project if it is inside the urban service
boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who
qualifies may choose to be an Intervenor, or to just offer public comment. Someone who does not qualify to
be an Intervenor, or could qualify, but chooses not to be one, will be allowed to speak briefly on his or her
own behalf, either to present facts or to state opinions, during public comments on the application.
It should be noted that being an Intervenor in a matter under consideration by the Board does not guarantee
that the Intervenor can challenge or appeal the final decision in a judicial or administrative proceeding. Also,
being an Intervenor here may not even be a prerequisite to filing a challenge or appeal of the final decision,
depending upon what state laws or court rules require.
Please complete the following information and return this form to the County Administrator at least seven
(7) days prior to the hearing on the matter. No fee will be assessed. I f requesting to intervene as a group,
provide on group’s letterhead, signed by an authorized representative of the group, stating the name of the
group and the name of the individual who is authorized to speak for the group. Only one request needs to be
submitted per each matter for which status as an Intervenor is sought, irrespective of the number of hearings
to be held on the matter. All dvd, cd or video cassette tapes must be submitted for review by the County
Administrator (or designee) by the Friday prior to the meeting.
A Request to Intervene may be used only for the purpose of presenting evidence and testimony on a matter,
and not merely to extend the time allowed to an individual to speak during public comments.
(PLEASE PRINT CLEARLY)
Name (individual or group representative):______________________________________________________________________
Group Name (if applicable):_______________________________________________________________________________
Address: ___________________________________________________________ City: _____________________________
Zip Code: __________________ Telephone: ____________________________ Email: ____________________________
1. Explain what interest(s) you, as an individual or group, believe will be impacted by the proposal. Examples of interests
include health and safety, police and fire protection service systems, transportation facilities, and economic, environmental or
natural resources. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
2. State your position regarding the proposal. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________________________
3. State all facts you believe support your position. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________________________
8 of 88
MARTIN COUNTY, FLORIDA
DEVELOPMENT REVIEW
{
STAFF REPORT
A. Application Information
ORINOCO DEVELOPMENTS, LLC
Rezoning Request
Applicant:
Property Owner:
Agent for the Applicant:
County Project Coordinator:
Growth Management Director:
Project Number:
Application Type and Number:
Report Number:
Application Received:
Transmitted:
Staff Report:
LPA Hearing:
BCC Hearing:
Orinoco Developments, LLC
Orinoco Developments LLC
Terence P. McCarthy, Esquire, McCarthy Summers et al
Catherine Riiska, MS, PWS, Senior Planner
Nicki van Vonno, AICP
E031-004
D003 201400289
2015_0211_E031-004_DRT_Staff_FINAL.docx
12/10/2014
12/12/2014
02/11/2015
03/05/2015
03/24/2015
B. Project description and analysis
This is an application for a proposed amendment to the county Zoning Atlas for a Commercial
Office/Residential (COR) district designation (Section 3.2.E, LDR). A Zoning District change from R3A to COR-1 is proposed for a 1.75-acre parcel of vacant land located on the east side of US-1
approximately 800 feet south of Cove Road. The site is vacant and undeveloped, contains a portion of
upland preserve established as a buffer to an adjacent off-site wetland and is located within the Primary
Urban Services District. The land use designation for the property on the Future Land Use Map (FLUM)
of the County’s Comprehensive Growth Management Plan (CGMP) is Commercial Office/Residential
(COR). This land use classification allows for residential/commercial uses restricted to professional and
business offices, limited service establishments, financial institutions, live-work units, residential
development or any combination of these uses. The current zoning on the property is R-3A, Liberal
Multifamily District. The R-3A zoning 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 (MCC) as a Category C district, which are intended to be used
until a rezoning to a Category A district is needed or required to accommodate proposed future uses of
the property. The Category A districts were created to implement the land use policies of the CGMP.
The current R-3A zoning of the subject property is not inconsistent with the Commercial
Office/Residential land use policies of the CGMP with the following restrictions:
1.
If the Future Land Use Designation is Commercial Office/Residential, freestanding
retail sales and service uses shall be prohibited.
9 of 88
Development Review Staff Report
2.
Where a multifamily project is proposed adjacent to an existing single-family
subdivision a transition zone shall be established between the two use types. The
transition zone shall comply with the requirements set forth in Section 4.5.A.2.b. and
any other applicable policies of the Comprehensive Growth Management Plan.
There are three (3) “straight” zoning districts that are available to implement the COR land use policies
of the CGMP. In addition to the “straight” zoning districts the PUD (Planned Unit Development)
District is also available as a fifth option. The PUD District offers more design flexibility to applicants
for proposed projects. In exchange the district requires additional benefits to the County and more
controls by the County.
The three (3) “straight” zoning districts include the CO (Commercial Office), COR-1 (Commercial
Office/Residential 1) and COR-2 (Commercial Office/Residential 2) Districts. The CO District is
generally used as a transition zone between more intense commercial areas and residential areas where a
determination has been made that residential uses within this district are not appropriate. The COR-1
District is generally used as a transition zone between more intense commercial areas and residential
areas, particularly in areas that were originally developed as residential but where a gradual conversion
to transitional, nonresidential and mixed uses is warranted. The COR-2 District is generally used as a
transition zone between more intense commercial areas and residential areas. Residential development is
not a permittable use within the CO District. Residential use within the COR-1 and COR-2 Districts is
allowable to a maximum density of 5.00 and 10.00 units per acre, respectively.
The CO, COR-1 and COR-2 Districts were created to implement the policies for the Commercial
Office/Residential (COR) land use classification. The choice of the most appropriate district for the
subject property is a policy decision that 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., Land Development Regulations (LDR), Martin County Code
(MCC).
The following tables indicate the differences in the uses that are permitted, followed by the size and
dimension requirements for the CO, COR-1 and COR-2 districts and the zoning regulations for the R-3A
Liberal Multifamily District. For clarity, non-residential uses that are permitted, or not permitted,
equally among all three districts are omitted in the excerpted table 3.11.1.
TABLE 3.11.1 (excerpted)
PERMITTED USES IN THE CO, COR-1 and COR-2 DISTRICTS
USE CATEGORY
CO
COR-1
COR-2
Multifamily dwellings
P
P
Townhouse dwellings
P
P
Single-family detached dwellings
P
P
Duplex dwellings
P
P
Modular Homes
P
P
Zero lot line single-family dwellings
P
P
Accessory dwelling units
P
P
Residential Uses
10 of 88
Page 2 of 18
Development Review Staff Report
Apartment homes
P
Public and Institutional Uses
Neighborhood assisted residences
with six (6) or fewer residents
Public vehicle storage and
maintenance
P
P
P
P
P
P
P
Residential care facilities
Commercial and Business Uses
Family day care
TABLE 3.12.1 (excerpted)
DEVELOPMENT STANDARDS
C Zoning
A District
T
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
CO
10,000
80
—
—
40
30
40
—
A
COR-1
10,000
80
5.00
10.00
40
30
40
—
A
COR-2
10,000
80
10.00
20.00
40
30
40
—
TABLE 3.12.2 (excerpted)
STRUCTURE SETBACKS
Front/by story
(ft.)
Rear/by story
(ft.)
Side/by story
(ft.)
C Zoning
A District
T
1
2
3
4
1
2
3
4
1
2
3
4
A
25
35
35
35
20
30
30
30
10
20
30
30
A COR-1
25
25
25
25
20
20
30(h)
30(h)
10
10
30
30
A COR-2
25
35
35
35
20
30
30
30
10
20
30
30
CO
(h)The minimum rear setback for single-family detached residences and duplex dwellings shall be 20 feet.
R-3A, Liberal Multiple-Family District Regulations
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. Any uses permitted in the R-3 Multiple-Family Residential District.
2. Restaurants and/or lunchrooms, not the drive-in type, with an enclosed seating capacity of ten
persons or more.
11 of 88
Page 3 of 18
Development Review Staff Report
3. Beauty parlors and barbershops.
4. Dry cleaning and laundry pickup stations.
5. Fire stations.
6. 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.
7. Mobile home and travel trailer sales.
8. 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.
9. Professional and business offices.
10. Retail stores.
3.407.B. Required lot area and width. Lots or building sites shall have an area of not less than 7,500
square feet, with a minimum width of 60 feet measured at the building line:
1. Single-family structures: The minimum lot size shall be the same as above. A minimum of 600
square feet of living area shall be required, exclusive of carports, breezeways or utility rooms.
2. Two-family structures: The minimum lot size shall be 7,500 square feet, with a minimum width
of 75 feet a minimum of 800 square feet of living area per two-family structure shall be required,
exclusive of carports, breezeways or utility rooms.
3. Apartment buildings: There shall be a minimum building site of 15,000 square feet with a
minimum width of 100 feet measured at the building line for the first four apartment units. For
each additional apartment unit, 2,600 square feet shall be added to the required minimum
building site and an additional five feet shall be added to the required minimum width at the
building line. A maximum density of 15 apartment units may be permitted per acre depending on
available community services and capital improvements. There shall be a minimum of 325
square feet of living area in each apartment unit.
4. Triplex structures: The minimum lot size shall be 11,250 square feet, with a minimum width of
88 feet; a minimum of 1,200 square feet of living area per three-family structure shall be
required, exclusive of carports, breezeways or utility rooms.
3.407.C. Minimum yards required.
1. Front:
a. 1 story: 20 feet.
b. 2 stories: 25 feet.
2. Sides and rear:
12 of 88
Page 4 of 18
Development Review Staff Report
a. 1 story: 6 feet.
b. 2 stories: 10 feet.
3. For structures in excess of two stories, five feet shall be added to the required yards per story.
4. 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.
5. No structure shall be built within 65 feet of the center line of a designated through-traffic
highway.
6. No setback or yard shall be required adjacent to water frontage.
3.407.D. Building height regulations.
1. The maximum building height in this district shall be four stories or 40 feet.
3.407.E. Percentage of land coverage.
1. One- to four-story dwelling structures and accessory structures shall not occupy more than 30
percent of the building site required.
Standards for Amendments to the Zoning Atlas
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.”
The Martin County Land Development Regulations (LDR), Article 3, Section 3.2 E. provides the
following “Standards for amendments to the Zoning Atlas.”
1. 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.
2. In the review of a proposed amendment to the Zoning Atlas, the Board of County Commissioners
13 of 88
Page 5 of 18
Development Review Staff Report
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 for Commercial Office/Residential (COR) land use on the
Future Land Use Map (FLUM) of the Comprehensive Growth Management Plan (CGMP).
The zoning implementation policies and requirements are contained in Article 3, Zoning
Regulations, Land Development Regulations, Martin County Code identify three (3)
“straight” zoning districts, including CO, COR-1 and COR-2, that are available to implement
the COR future land use classification, in addition to the PUD Zoning option.
Policy 4.13A.8.(1) of Chapter 4, Future Land Use Element, of the CGMP addresses the COR
land use designation:
Commercial Office/Residential development (COR). Martin County shall establish
policies and criteria to guide mixed-use development. Commercial
Office/Residential development shall be allocated to accessible sites adjacent to
major thoroughfares. It shall also serve as a transitional use separating more
intensive commercial uses from residential development. Office and residential
development may be allocated along the outer fringe of core commercial areas
where such development may encourage reinvestment in declining residential areas
adjacent to commercial core areas. The COR future land use designation shall also
be allocated to areas appropriately suited for Traditional Neighborhood
Development, described under Goal 4.3. The development provisions for the
standard COR zoning districts and the PUD zoning district are expressed below:
(a)Development in the Commercial Office/Residential future land use designation
shall be restricted to professional and business offices, limited service
establishments, financial institutions, live-work units, residential development or
any combination of these uses. Freestanding retail sales and service
establishments shall be excluded from these areas. However, restaurants, certain
service commercial uses, and limited commercial uses, as identified in the Land
Development Regulations, may occupy 25 percent of the commercial square
footage in a building.
Residential storage facilities may be approved in areas designated COR, and the
Land Development Regulations shall include criteria for review of such uses.
However, the building shall be restricted to structures with small modules
adaptive exclusively to storage of personal items of residential clients.
Commercial tenants shall be expressly prohibited. The facility shall be designed
to blend harmoniously with residential structures.
The intensity of lot use, defined as floor area ratio (FAR), shall be governed by
the parking standards of the Land Development Regulations. The maximum
building coverage shall be 40 percent, and the minimum net lot size permitted in
COR districts shall be 10,000 square feet. The minimum open space shall be 40
percent and the maximum building height shall be 30 feet. Multiple-family
residential uses are encouraged to develop in areas designated for office
14 of 88
Page 6 of 18
Development Review Staff Report
development at densities compatible with criteria cited in Policy 4.13A.7.(5) for
High Density Residential development. The Land Development Regulations shall
require appropriate landscaping and screening, including a vegetative berm
system where feasible. Plant material and a decorative fence or wall shall be used
to assure compatibility between established residential uses and proposed office
developments.
A bed and breakfast or other facilities for transient lodging, catering to seasonal
residents, shall be permitted. Kitchen facilities shall be permitted to accommodate
occupants visiting for periods exceeding the general motel trip duration of one to
four nights. Approved transient lodging facilities existing as of the effective date
of the CGMP shall be considered permitted in such an area.
Landscaping, screening, buffering and similar design techniques shall be used to
assure a smooth transition between residential structure types and densities.
Residential use shall be allowed in the COR future land use designation as part of
a mixed-use project as allowed under Goal 4.3 in any of the seven CRAs
designated in Policy 4.2B.4. Residential densities shall be as provided in Policy
4.3A.2..
This application requests a rezoning of the property to the COR-1 Zoning District, which is
one of the Category A zoning districts created specifically to implement the CGMP policies
for lands designated Commercial/Office Residential on the Future Land Use Map of the
CGMP. Additionally, the subject parcel is located on US-1 and adjacent to a parcel zoned
COR-1 separating the subject property from existing residential development by
approximately 250 feet, which is consistent with the CGMP COR criteria of “…accessible
sites adjacent to major thoroughfares. It shall also serve as a transitional use separating
more intensive commercial uses from residential development.”
b.
Whether the proposed amendment is consistent with all applicable provisions of the LDR;
and,
The subject property has a lot area of approximately 76,200 square feet and a lot width,
fronting US-1, of approximately 450 linear feet, consistent with the development standards
governing the requested COR-1 Zoning District, as shown above in Table 13.12.1. No
development of the property is proposed as part of this application requesting a rezoning. 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,
As shown in the figures contained in Section E below, the subject property is a vacant,
undeveloped parcel surrounded by a vacant parcel and preserved wetland to the westnorthwest, existing residential storage facilities to the northeast and east-southeast, and
bounded by the major arterial US-1 (a.k.a. Federal Highway) to the south and southwest.
15 of 88
Page 7 of 18
Development Review Staff Report
Across US-1 there exists limited commercial development and a vacant parcel. The subject
parcel is separated from the nearest residential use, located approximately 250 feet northeast
and designated high density land use with PUD-R zoning, by the existing residential storage
facility which is zoned COR-1. An existing shared access is located at the southeastern
corner of the property providing ingress/egress access to future development on the subject
parcel via US-1.
The primary land use pattern that has been established and recognized on the Future Land
Use Map (FLUM) of the CGMP for the US-1 corridor in this area south of Cove Road l
consists of a mix of commercial general, commercial limited, and commercial
office/residential (COR) uses, with the COR areas concentrated adjacent to residential areas
consistent with the Comprehensive Plan Policy 4.13A.8.(1).
d.
Whether and to what extent there are documented changed conditions in the area; and,
This project is located directly on the major arterial roadway of US-1 and the infrastructure
needed to support development and to provide services at established services levels to
existing development in this local area is present. The pattern of development which has
focused on commercial office/residential uses in the locality of the subject parcel is well
established with minimal changed conditions in the immediate area of the subject property,
as is evidenced by the same COR-1 zoning assigned to the parcel located adjacent to the
subject property, and between the subject property and the nearest residential use.
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 will be provided by Martin County Utilities, the regional
service provider 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,
The land use pattern that has been established and recognized on the Future Land Use Map
(FLUM) of the CGMP for development contains commercial office/residential uses
surrounding the subject parcel as a transitional use between the existing residential areas and
the major arterial corridor and more intense commercial uses. This development pattern is
well established adjacent to, and within the vicinity of, the subject parcel and the extension of
this pattern to the subject property is suitable, contemplated and supported by the CGMP.
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.
16 of 88
Page 8 of 18
Development Review Staff Report
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
R
S
T
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
School Board
County Attorney
Adequate Public Facilities
Reviewer
Catherine Riiska
Samantha Lovelady
Catherine Riiska
Edward Erfurt
Edward Erfurt
Colleen Holmes
Shawn Mccarthy
Darryl DeLeeuw
Lisa Wichser
Michael O’Brien
Aaron Stanton
Emily Kohler
Emily Kohler
James Christ
James Christ
Doug Killane
Debra McCaughey
Bob Steiner
Todd Reinhold
Garret Grabowski
Krista Storey
Catherine Riiska
Phone
288-5667
288-5664
288-5667
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
219-1200
288-5443
288-5667
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
N/A
Review Pending
Exempt
Staff has reviewed this petition for a rezoning of property to the appropriate zoning district
designation, has determined that the petition has been submitted and reviewed consistent with the
procedural requirements of Article 10 and is in compliance with the substantive provisions of Article 3.
Staff recommends approval of this rezoning petition.
D. Review Board action
This application is being considered in a public hearing before the Local Planning Agency on March 5,
2015, who will provide a recommendation to the final decision makers, the Board of County
Commissioners.
This application is being heard before the Board of County Commissioners on March 24, 2015, who will
take final action on the request. The two hearings provide the public an opportunity to participate in the
review and decision making process.
17 of 88
Page 9 of 18
Development Review Staff Report
E. Location and site information
Parcel number(s) and address:
36-38-41-017-000-0002.0-00000
Existing Zoning:
Existing Zoning:
Future land use:
Nearest major road:
Census tract:
Commission district:
Community redevelopment area:
Municipal service taxing unit:
Planning area:
Storm surge zone:
Taxing district:
Traffic analysis zone:
Gross area of site:
6251 SE Federal Hwy
COR-1, Commercial Office / Residential
R-3A, Liberal Multi-Family
FLU-COR, Future Land Use Commercial Office-Res
On US-1, south of Cove Road
001401 Tract
4
Not Applicable
District 4
South County
Not Available
District E
56
1.75 acres
Figure 1: Subject Site Location
18 of 88
Page 10 of 18
Development Review Staff Report
Figure 2: 2014 Aerial
19 of 88
Page 11 of 18
Development Review Staff Report
Adjacent existing or proposed development:
To the north:
To the south:
To the east:
To the west:
Vacant
Residential Self Storage
Residential Self Storage
Limited Commercial and Vacant (Across US-1)
Figure 3: Surrounding Existing Development
20 of 88
Page 12 of 18
Development Review Staff Report
Zoning district designations of abutting properties:
To the north:
To the south:
To the east:
To the west:
R-3A, Liberal Multifamily District
R-3A, Liberal Multifamily District
COR-1, Commercial Office/Residential District
R-3A, Liberal Multifamily District (Across US-1)
Figure 4: Zoning Map
21 of 88
Page 13 of 18
Development Review Staff Report
Future land use designations of abutting properties:
To the north:
To the south:
To the east:
To the west:
Commercial Office/Residential
Commercial Office/Residential
Commercial Office/Residential
Commercial Limited (Across US-1)
Figure 5: Future Land Use Map
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 requirements issues associated with this application.
G. Determination of compliance with land use, site design standards, zoning, and procedural
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 land use, site design
22 of 88
Page 14 of 18
Development Review Staff Report
standard, zoning or procedural requirement issues associated with this application.
Additional Information:
Information #1:
Notice(s) of public hearings regarding development applications shall be published at least 14 days prior
to the date of the public hearing (seven calendar days if the application is being expedited pursuant to
section 10.12) in the legal advertisement section of a newspaper of general circulation in Martin County.
The applicant shall reimburse the County for the cost(s) of the newspaper ad(s) as a post approval
requirement for the application. [Section 10.6.D., LDR, MCC]
Information #2:
This application is being scheduled to be heard before the Land Planning Agency (LPA) at a public
hearing on March 5, 2015.
Information #3:
This application is being scheduled to be heard before the Board of County Commissioners (BCC) at a
public hearing on March 24, 2015.
H. Determination of compliance with the urban design and community redevelopment requirements
– Community Development Department
N/A
I. Determination of compliance with the property management requirements – Engineering
Department
N/A
J. Determination of compliance with environmental and landscaping requirements - Growth
Management Department
N/A
K. Determination of compliance with transportation requirements - Engineering Department
N/A
L. Determination of compliance with county surveyor - Engineering Department
N/A
M. Determination of compliance with engineering, storm water and flood management requirements
- Engineering Department
N/A
23 of 88
Page 15 of 18
Development Review Staff Report
N. Determination of compliance with addressing and electronic file submittal requirements – Growth
Management and Information Technology Departments
N/A
O. Determination of compliance with utilities requirements - Utilities Department
N/A
P. Determination of compliance with fire prevention and emergency management requirements –
Fire Rescue Department
N/A
Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General
Services Department
N/A
R. Determination of compliance with Martin County Health Department and Martin County School
Board
N/A
S. Determination of compliance with legal requirements - County Attorney's Office
Review Pending
T. 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.
24 of 88
Page 16 of 18
Development Review Staff Report
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. Local, State, and Federal Permits
No Local, State or Federal Permits are associated with the requested rezoning.
W. 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:
Application review fees:
$500.00
$500.00
$0.00
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.
X. General application information
Applicant:
Orinoco Developments, LLC
Juan E. Savelli
900 SE Ocean Blvd, Suite 216b
Stuart, FL 34997
Agent:
Terrence P. McCarthy, Esquire
McCarthy, Summers et al
2400 S.E. Federal Hwy., 4th Fl.
Stuart, FL 34994
772-286-1700
25 of 88
Page 17 of 18
Development Review Staff Report
Y. 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
Z. Attachments
26 of 88
Page 18 of 18
Prepared By:
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 15-___
[REGARDING CHANGE IN ZONING CLASSIFICATION FROM R-3A, LIBERAL
MULTIFAMILY DISTRICT, TO COR-1, COMMERCIAL OFFICE/ RESIDENTIAL 1 DISTRICT,
FOR ORINOCO DEVELOPMENTS, LLC, WITH A CERTIFICATE OF PUBLIC FACILITIES
EXEMPTION]
WHEREAS, this Board has made the following determinations of fact:
1. Orinoco Developments, LLC, submitted an application for a zoning district change from
the current R-3A, Liberal Multifamily District, to the COR-1, Commercial Office/Residential 1
District, for the property described in Exhibit A, attached hereto.
2. The Local Planning Agency heard the application at a public hearing on March 5, 2015.
The LPA’s recommendations were forwarded to the Board of County Commisioners 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
March 24, 2015.
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 zoning district classification of the property described in Exhibit A is hereby
changed from the R-3A, Liberal Multifamily District, to the COR-1, Commercial
Office/Residential 1 District.
B. Pursuant to Section 5.32.B.3.f., Land Development Regulations, Martin County
Code, this rezoning action is hereby determined to meet the requirements for a Certificate of
Public Facilities Exemption.
C. Pursuant to Section 14.1C.5.(2), Comprehensive Growth Management Plan, Martin
County Code, regarding preliminary development approvals, the property described in Exhibit
A is subject to a determination of level of service capacity at final site plan approval and no
rights to obtain final development orders, nor any other rights to develop the subject property
have been granted or implied by this Board.
D. This resolution shall be recorded in the public records of Martin County. A copy of
this resolution shall be forwarded to the applicant(s) by the Growth Management Department
subsequent to recording.
27 of 88
DULY PASSED AND ADOPTED THIS 24TH DAY OF MARCH, 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
BY:_________________________
CAROLYN TIMMANN
CLERK OF THE CIRCUIT COURT
AND COMPTROLLER
BY:__________________________
ED FIELDING, CHAIRMAN
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:____________________________
KRISTA A. STOREY
SENIOR ASSISTANT COUNTY ATTORNEY
28 of 88
EXHIBIT A
29 of 88
Prepared By:
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 15-___
[REGARDING DENIAL OF CHANGE IN ZONING CLASSIFICATION FROM R-3A, LIBERAL
MULTIFAMILY DISTRICT, TO COR-1, COMMERCIAL OFFICE/RESIDENTIAL 1 DISTRICT,
FOR ORINOCO DEVELOPMENTS, LLC]
WHEREAS, this Board has made the following determinations of fact:
1. Orinoco Developments, LLC, submitted an application for a zoning district change from
the current R-3A, Liberal Multifamily District, to the COR-1, Commercial Office/Residential 1
District, for the property described in Exhibit A, attached hereto.
2. The Local Planning Agency heard 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
March 24, 2015.
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 R-3A, Liberal Multifamily District, to
the COR-1, Commercial Office/Residential 1 District, for Orinoco Developments, LLC, 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.
30 of 88
DULY PASSED AND ADOPTED THIS 24TH DAY OF MARCH, 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
BY:_________________________
CAROLYN TIMMANN
CLERK OF THE CIRCUIT COURT
AND COMPTROLLER
BY:__________________________
ED FIELDING, CHAIRMAN
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:____________________________
KRISTA A. STOREY
SENIOR ASSISTANT COUNTY ATTORNEY
31 of 88
EXHIBIT A
32 of 88
33 of 88
34 of 88
35 of 88
36 of 88
37 of 88
38 of 88
39 of 88
40 of 88
41 of 88
42 of 88
43 of 88
44 of 88
45 of 88
46 of 88
47 of 88
48 of 88
49 of 88
50 of 88
51 of 88
52 of 88
53 of 88
54 of 88
55 of 88
56 of 88
57 of 88
58 of 88
59 of 88
60 of 88
61 of 88
62 of 88
63 of 88
64 of 88
65 of 88
66 of 88
67 of 88
68 of 88
69 of 88
70 of 88
71 of 88
72 of 88
73 of 88
74 of 88
75 of 88
76 of 88
77 of 88
78 of 88
79 of 88
80 of 88
81 of 88
82 of 88
83 of 88
84 of 88
85 of 88
SAMPLE LETTER TO SURROUNDING PROPERTY OWNERS
(month) (day), (2015)
(addressee from the certified property owners list)
(address)
Subject and Location: Request for a zoning change by Orinoco Developments, LLC, from the
current R-3A, Liberal Multifamily District, to the COR-1, Commercial
Office/Residential District, or the most appropriate zoning district for an
approximately 1.75-acre parcel located on the east side of US-1
approximately 800 feet south of Cove Road.
Dear (property owner):
As a landowner within 300 feet of the property identified in the legal 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 public hearings.
The dates, times and place of the scheduled hearings are as follows:
Public Hearing:
Date:
Time:
LOCAL PLANNING AGENCY
Thursday, March 5, 2015
7:00 P.M., or as soon after as the matter may be heard
Public Hearing:
Date:
Time:
BOARD OF COUNTY COMMISSIONERS
Tuesday, March 24, 2015
9:00 A.M., or as soon after as the matter may be heard
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.
When attending a public hearing, a member of the public may speak during the public comment
portion of the public hearing. 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 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
1
86 of 88
County Administrator not less than 7 days prior to the 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. 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 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 further information, please call the Growth Management Department at 772-288-5495. All
written comments should be sent to Nicki van Vonno, Growth Management Director, (email: [email protected]) or 2401 SE Monterey Road, Stuart, FL 34996. Copies of the item
will be available from the Growth Management Department.
Sincerely,
(applicant's name)
Attachment:
Location Map
Legal Description
2
87 of 88
TC
BEFORE THE LOCAL PLA
Description:
N/A
Color Type:
E-7-All
Section-Page-Zone(s):
2 Col x 120 ag
Size:
Thursday, February 19, 2015
N/A
Agency:
Insertion Number: N/A
Ad Number:
2677565
Advertiser:
Martin County Commissioners
NOTICE OF
ADMINISTRATION
TICE OR 30 DAYS
AFTER THE DATE OF
SERVICE OF A COPY
OF THIS NOTICE ON
THEM.
All other creditors of
the decedent 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 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.
Personal
Representative:
Inge E. Gabler
c/o John Joseph
McHugh, Jr.
P.O. Box 2807
Vero Beach, Florida
32961
NOTICE OF
ADMINISTRATION
NOTICE OF
ADMINISTRATION
art, Florida 34994. whose date of death
The names and ad- w a s D e c e m b e r 2 6 ,
dresses of the per- 2014, is pending in
sonal representative the Circuit Court for
a n d t h e p e r s o n a l Martin County, Florirepresentative’s at- da, Probate Division,
torney are set forth the address of which
below.
is P.O. Box 9016,
All creditors of the Stuart, Florida 34995.
decedent and other The names and adp e r s o n s h a v i n g dresses of the perclaims or demands sonal representative
against decedent’s a n d t h e p e r s o n a l
estate, including un- representative’s atmatured, contingent torney are set forth
o r u n l i q u i d a t e d below.
claims, on whom a All creditors of the
copy of this notice is decedent and other
served must file their p e r s o n s h a v i n g
claims with this court claims or demands
WITHIN THE LATER against decedent’s
O F T H R E E ( 3 ) estate, on whom a
M O N T H S A F T E R copy of this notice is
THE DATE OF THE r e q u i r e d t o b e
FIRST PUBLICATION served must file their
OF THIS NOTICE OR c l a i m s w i t h t h i s
30 DAYS AFTER THE Court WITHIN THE
DATE OF SERVICE L A T E R O F 3
OF A COPY OF THIS M O N T H S A F T E R
NOTICE ON THEM.
THE TIME OF THE
All other creditors of FIRST PUBLICATION
t h e d e c e d e n t a n d OF THIS NOTICE OR
other persons having 30 DAYS AFTER THE
claims or demands D A T E O F S E R V I C E
against decedent’s OF A COPY OF THIS
estate, including un- NOTICE ON THEM.
matured, contingent All other creditors of
o r u n l i q u i d a t e d the decedent and
claims, must file p e r s o n s h a v i n g
their claims with this claims or demands
court WITHIN THREE a g a i n s t t h e d e c e (3) MONTHS AFTER dent’s estate must
THE DATE OF THE file their claims with
FIRST PUBLICATION this Court WITHIN 3
OF THIS NOTICE.
MONTHS AFTER
ALL CLAIMS NOT SO THE DATE OF THE
FILED WILL BE FOR- FIRST PUBLICATION
Attorney for Personal EVER BARRED.
OF THIS NOTICE.
Representative:
The date of first publi- A L L C L A I M S N O T
John Joseph McHugh cation of this Notice FILED WITHIN THE
Jr., Esquire
is February 19, 2015
TIME PERIODS SET
Email: john@
FORTH IN SECTION
jjmchughlaw.com
SHARON HAMILTON 7 3 3 . 7 0 2 O F T H E
FL Bar No. 444626
Personal FLORIDA PROBATE
P.O. Box 2807
Representative CODE WILL BE FORVero Beach, FL 32961
EVER BARRED.
Phone: 772-778-1100
THE GUFFORD LAW
NOTWITHSTANDING
Pub: February 19, 26, FIRM, P.A.
THE TIME PERIODS
2015
101 SE Ocean Blvd,
SET FORTH ABOVE,
TCN2677432 Suite 201
ANY CLAIM FILED
Stuart, Florida 34994
TWO (2) YEARS OR
Telephone:
MORE AFTER THE
772-221-1922
DECEDENT’S DATE
NOTICE OF
Facsimile:
O F D E A T H I S
772-221-1990
BARRED.
ADMINISTRATION
Eservice
only:
eserviThe
date of the first
IN THE CIRCUIT
ce@treasurecoastlaw
publication of this
COURT FOR MARTIN
firm.com
Notice is February
COUNTY, FLORIDA
19, 2015.
PROBATE DIVISION afriedrich@treasureco
astlawfirm.com
Personal
File Number:
Representative:
15-80CP By: ASHLEY P. FRIEDRICH, ESQ.
Charlene Castagnero
Fla Bar No.: 0106361
611 S.W. Pine Tree
IN RE: ESTATE OF
Pub:
Feb.
19,
26,
2015
Lane
WILLIAM LAWRENCE
TCN2677407
Palm City, FL 34990
GEORGE, a/k/a W.
IN THE CIRCUIT
L A W R E N C E
COURT FOR MARTIN Attorney for Personal
GEORGE,
COUNTY, FLORIDA Representative:
Deceased.
PROBATE DIVISION Lewis Rinder,
File No.: 2015-38-CP Attorney
NOTICE
Florida Bar No.
TO CREDITORS
188873
The administration of IN RE: ESTATE OF
700 Colorado Avenue
t h e e s t a t e o f DANIEL CHAPLIN
Stuart, Florida 34994
W I L L I A M L A W - BENNETT A/K/A
R E N C E G E O R G E , DANIEL C. BENNETT, Telephone:
(772) 283-2221
a/k/a W. LAWRENCE Deceased.
E-mail:
GEORGE, deceased,
[email protected]
NOTICE
whose date of death
Pub: February 19, 26,
TO CREDITORS
was December 28,
2015
2014, is pending in The administration of
TCN2677414
the Circuit Court for the estate of DANIEL
Martin County, Flori- CHAPLIN BENNETT
Advertise
in Treasure
da, Probate Division, a/k/a DANIEL C. BENCoast Classified
the address of which N E T T , d e c e a s e d ,
is 100 East Ocean
Blvd., Stuart, Florida
34994. The names
and addresses of the
personal representa- NOTICE OF MEETING NOTICE OF MEETING
tive and the personal
BEFORE THE LOCAL PLANNING AGENCY
representative’s atAND BOARD OF COUNTY
torney are set forth
COMMISSIONERS MARTIN COUNTY,
below.
FLORIDA
All creditors of the
decedent and other
NOTICE
OF
PUBLIC HEARINGS
persons having
claims or demands
against decedent’s Subject: Hufnagel Rezoning, (H140-002)
e s t a t e o n w h o m a Request for a zoning change by Gary Hufcopy of this notice is nagel from the current R-3A, Liberal Multir e q u i r e d t o b e family District, to the RM-10, High Density
served must file their Residential District, or the most appropriclaims with this court ate zoning district for an approximately
ON OR BEFORE THE 0.78-acre parcel located on the southwest
L A T E R O F 3 corner of the intersection of US-1 and
M O N T H S A F T E R Morningside Drive.
THE TIME OF THE
FIRST PUBLICATION Time and Date: LOCAL PLANNING AGENOF THIS NOTICE OR CY 7:00 P.M., or as soon after as the mat30 DAYS AFTER THE ter may be heard, on Thursday, March 5,
D A T E O F S E R V I C E 2015
OF A COPY OF THIS
BOARD OF COUNTY COMMISSIONERS
NOTICE ON THEM.
All other creditors of 9:00 A.M., or as soon after as the matter
t h e d e c e d e n t a n d may be heard, on Tuesday, March 24,
other persons having 2015
claims or demands
against decedent’s Place: Martin County Administrative Cenestate must file their ter 2401 S.E. Monterey Road Stuart,
claims with this court Florida
WITHIN 3 MONTHS
AFTER THE DATE OF All interested persons are invited to attend
THE FIRST PUBLICA- and be heard. Persons with disabilities
TION OF THIS NO- who need an accommodation in order to
participate in this proceeding are entitled,
TICE.
A L L C L A I M S N O T at no cost, to the provision of certain asFILED WITHIN THE sistance. This does not include transportaTIME PERIODS SET tion to and from the meeting. Please conFORTH IN SECTION tact the Office of the County Administrator
7 3 3 . 7 0 2 O F T H E at (772) 221-2360, or in writing to 2401 S.E.
FLORIDA PROBATE Monterey Road, Stuart, FL 34996, no later
CODE WILL BE FOR- than three days before the hearing date.
Persons using a TDD device, please call
EVER BARRED.
The date of the first 711 Florida Relay Services.
publication of this
Notice is February For further information, please call the
Growth Management Department at 77212, 2015.
L. CLIFFORD GEORGE 288-5495. All written comments should be
sent
to Nicki van Vonno, Growth ManagePersonal
Representative m e n t D i r e c t o r , ( e - m a i l :
Post Office Box 305 [email protected]) or 2401 SE Monterey
South Freeport. Road, Stuart, FL 34996. Copies of the item
Maine 04078 will be available from the Growth Management Department.
Kathryn C. Bass,
Esquire
When
attending a public hearing, a memAttorney for Personal
ber of the public may speak during the
Representative
public comment portion of the public hearFlorida Bar No.:
ing. A person may also participate in the
349763
public
meeting as an Intervenor. An InterMcCarthy, Summers,
venor may ask questions of the staff, appliBobko, Wood,
cant and give testimony on the subject of
Norman, Bass &
the public hearing. In order to be an InterMelby, P.A.
venor,
a person must qualify to receive
2400 S.E. Federal
mailed notice of the subject application in
Hwy, 4th Floor
accordance with Section 10.6.E, Land DeStuart, Florida 34994
velopment Regulations, Martin County
Tel: (772) 286-1700
Code. In addition, an Intervenor must file a
Primary Email:
form of intent with the County [email protected]
tor not less than 7 days prior to the LPA or
summers.com
BCC meeting. No fee will be assessed on
Secondary Email:
Intervenor.
If the Intervenor is representing
tlc@mccarthysum
a group/association, he/she must file a letmers. com
Pub: February 12, 19, ter on official letterhead signed by an authorized representative of the group/ass2015
TCN2676066 ociation, stating that he/she is authorized
to speak for the group. Forms are available
IN THE CIRCUIT
on the Martin County website www.maCOURT OF THE
rtin.fl.us.
NINETEENTH
JUDICIAL CIRCUIT
If
any person decides to appeal any deciIN AND FOR MARTIN
sion made with respect to any matter conCOUNTY, FLORIDA
CASE NO.: sidered at the meetings or hearings of any
2015-CP-97 board, committee, agency, council or advisory group, that person will need a record
of the proceedings and, for such purpose,
IN RE: ESTATE OF
may need to insure that a verbatim record
EMMA K. GIBSON,
of the proceedings is made, which record
Deceased.
should include the testimony and evidence
upon which the appeal is to be based.
NOTICE
TO CREDITORS
Written comments may be sent to:
The administration of
Director of Growth Management
the estate of EMMA
Martin County Growth Management DeK. GIBSON, department
ceased, Case Num2401 S. E. Monterey Road
ber: 2015-CP-97, is
Stuart, Florida 34996
pending in the CirTHIS NOTICE DATED THIS 13TH DAY OF
cuit Court for Martin
FEBRUARY 2015.
County, Florida, Probate Division, the ad- Publish: Stuart News
dress of which is 100 Publish Date: February 19, 2015
E. Ocean Blvd, Stu- TCN2677571
REQUEST FOR BID
LEGAL
ADVERTISEMENT
PUBLICATION
DATES: Thursday,
February 19, 2015
CITY OF VERO BEACH
RFP NO. 080-15/JO "REQUEST FOR
PROPOSALS STORMWATER
UTILITY STUDY"
BID OPENING DATE
& LOCATION:
Thursday, April 2,
2015 @ 2:30 p.m.
T & D Building /
Purchasing Office
First Floor
Conference Room
3455 Airport West
Drive
Vero Beach, FL
32960
LOCATION TO
SECURE BID PACKAGE:
www.DemandStar.
com
Telephone:
1-800-711-1712
TCN2677556
NOTICE OF SALE
NOTICE OF PUBLIC
SALE: CHARLIE’S
TOWING gives Notice of Foreclosure of
Lien and intent to
sell these vehicles on
03/07/2015, 09:00 am
at 556 1st St, Vero
Beach, FL 329623624, pursuant to
subsection 713.78 of
the Florida Statutes.
Charlie’s Towing
reserves the right to
accept or reject any
and/or all bids.
1B7HF13Y71J502458
2001 DODGE
1FMZU73E41ZA03150
2001 FORD
1G1AK55F067861633
2006 CHEVROLET
1G8ZK5277YZ205681
2000 SATURN
1HGEJ6127TL026363
1996 HONDA
1N4EB31F7RC881608
1994 NISSAN
2S87A9N195246 1979
PONTIAC
4A3AK34Y3TE412935
1996 MITSUBISHI
9214104008 1961
CHRYSLER
DJF37Z2BNA37805
1981 FORD
LE8TGBPC061100132
2007 GUNG
Pub: February 19,
2015
TCN2677599
NOTICE OF SALE
NOTICE OF SALE
A
1997 TOYOTA
V I N # 4 T A NL42N8VZ277846 in
t h e n a m e o f
GERARD JILLES will
be sold on 03/02/15
NOTICE OF SALE
by Larry Keller’s
Towing located at
1217 S. Federal
Hwy., Stuart, FL
34994 Tel: (772)
334-5848 at 9:00 AM.
I claim a lien of this
vehicle for storage
fees since 01/23/15.
The cash sum of
storage is $ 975.00.
The cash sum in total
of $1156.00 will be
sufficient to redeem
this vehicle from the
lien claimed by me,
Keith Darley.
Publication Date:
02/19/15
TCN2677594
Notice of Sale
Notice is hereby given that on March 14,
2015 at 10:00 AM at
Indiantown In & Out
Storage Inc., 15501
S.W. Famel Ave., Indiantown, FL the undersigned, Indiantown In & Out
Storage, Inc. will sell
at Public Sale by
competitive bidding,
the goods, personal
property, or merchandise heretofore
stored with the undersigned by:
David Anderson, Jr.
Space #B1
Sally Lane, Unit #266
Nate Lane, Unit #247
Nate Lane, Space #C5
John Oliver, Unit
#250
Brad Bennett, Unit #173
Rigoberto Zelayla Unit
#227
Hassan A. Mowatt
Unit #111
Arelis Cabrera, Unit
#212
Julie Ford, Unit #228
Pub: Feb. 19, 2015
TCN2677424
NOTICE OF SALE
IN THE CIRCUIT
COURT OF
THE NINETEENTH
JUDICIAL CIRCUIT
IN AND FOR
SAINT LUCIE
COUNTY, FLORIDA
CIVIL DIVISION
Case #:
2012-CA-002740
Deutsche Bank National Trust Company, a national banking association, as
Trustee of the ABFC
2004-HE1 Trust
Plaintiff,
-vs.Elizabeth B. West; Alvin R. West; Unknown Parties in
Possession #1, If living, and all Unknown
Parties claiming by,
through, under and
against the above
named Defendant(s)
who are not known
to be dead or alive,
whether said Unknown Parties may
claim an interest as
NOTICE OF MEETING NOTICE OF MEETING
BEFORE THE LOCAL PLANNING AGENCY
AND BOARD OF COUNTY
COMMISSIONERS MARTIN COUNTY,
FLORIDA
NOTICE OF PUBLIC HEARINGS
Subject: Orinoco Developments, LLC,
(E031-004) Request for a zoning change by
Orinoco Developments, LLC, from the current R-3A, Liberal Multifamily District, to
the COR-1, Commercial Office/Residential
District, or the most appropriate zoning
district for an approximately 1.75-acre parcel located on the east side of US-1 approximately 800 feet south of Cove Road.
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
BOARD OF COUNTY COMMISSIONERS
9:00 A.M., or as soon after as the matter
may be heard, on Tuesday, March 24, 2015
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 :
[email protected]) or 2401 SE Monterey
Road, Stuart, FL 34996. Copies of the item
will be available from the Growth Management Department.
When attending a public hearing, a member of the public may speak during the
public comment portion of the public hearing. 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 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 LPA or
BCC 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. 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 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 12TH DAY OF
FEBRUARY 2015.
Publish: Stuart News
Publish Date: February 19, 2015
TCN2677565
«
SCRIPPS TREASURE COAST NEWSPAPERS
NOTICE OF SALE
NOTICE OF SALE
NOTICE OF SALE
NOTICE IS HEREBY
GIVEN pursuant to
order rescheduling
foreclosure sale or
Final Judgment, entered in Civil Case
No. 2012-CA-002740
of the Circuit Court
of the 19th Judicial
Circuit in and for
Saint Lucie County,
Florida, wherein
Deutsche Bank National Trust Company, a national banking association, as
Trustee of the ABFC
2004-HE1 Trust,
Plaintiff and Elizabeth B. West are defendant(s), the Clerk
of Court, Joseph E.
Smith, will sell to the
highest and best bidder for cash BY
ELECTRONIC SALE
AT WWW.STLUCIE.CLERKAUCTION.C
OM BEGINNING AT
8:00 A.M., BIDS MAY
BE PLACED BEGINNING AT 8:00 A.M.
ON THE DAY OF
SALE on March 3,
2015, the following
described property
as set forth in said
Final Judgment, towit:
LOT 2, BLOCK 606,
PORT ST. LUCIE
SECTION THIRTEEN,
ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT
BOOK 13, PAGE 4,
OF THE PUBLIC RECORDS OF PORT ST.
LUCIE COUNTY,
A N Y P E R S O N
CLAIMING AN
INTEREST IN THE
SURPLUS FROM
THE SALE, IF ANY,
OTHER THAN THE
PROPERTY OWNER
AS OF THE DATE OF
THE LIS PENDENS
MUST FILE A CLAIM
WITHIN 60 DAYS
AFTER THE SALE.
Dated this 3 day of
February, 2015
SHAPIRO, FISHMAN
& GACH, LLP
Attorneys for Plaintiff
2424 North Federal
Highway, Ste 360
Boca Raton, Florida
33431
Telephone:
(561) 998-6700
Fax: (561) 998-6707
For Email Service
Only: [email protected]
For all other inquiries:
[email protected]
Lara Diskin
FL BAR No. 43811 for
By: Kate Dulay, Esq.
FL Bar # 22506
Pursuant to Fla. R.
J u d . A d m i n .
2.516(b)(1)(A),
Plaintiff’s counsel
hereby designates its
primary email
address for the
purposes of email
service as: [email protected]
Pursuant to the Fair
Debt Collections
Practices Act, you
are advised that this
office may be
deemed a debt collector and any information obtained
may be used for that
purpose.
11-238757 FC01 WNI
If you are a person
with a disability who
needs any accommodation in order to
participate in this
proceeding, you are
entitled, at no cost to
you, to the provision
of certain assistance.
Please contact Corrie
Johnson, ADA
Coordinator, 250 NW
Country Club Drive,
Suite 217, Port St.
Spouse, Heirs, Devisees, Grantees, or
Other Claimants; Unknown Parties in
Possession #2, If living, and all Unknown
Parties claiming by,
through, under and
against the above
named Defendant(s)
who are not known
to be dead or alive,
whether said Unknown Parties may
claim an interest as
Spouse, Heirs, Devisees, Grantees, or
Other Claimants
Defendant(s).
FLORIDA.
«
THURSDAY, FEBRUARY 19, 2015
NOTICE OF SALE
Lucie, FL 34986,
(772) 807-4370 at
least 7 days before
your scheduled court
appearance, or
immediately upon
receiving this
notification if the
time before the
s c h e d u l e d
appearance is less
than 7 days; if you
are hearing or voice
impaired, call 711.
Pub: Feb. 12, 19, 2015
TCN2676154
IN THE CIRCUIT
COURT OF
THE NINETEENTH
JUDICIAL CIRCUIT
IN AND FOR
SAINT LUCIE
COUNTY, FLORIDA
CIVIL DIVISION
Case #:
2013-CA-003030
JPMorgan Chase
Bank, National Association
Plaintiff,
-vs.Rose Mary McInerney
and Deborah McInerney; Unknown
Spouse of Rose
Mary McInerney; Unknown Spouse of
Deborah McInerney;
Unknown Heirs, Devisees, Grantees, Assignees, Creditors,
Lienors, and Trustees
of Burton T McInerney, Deceased and
All Other Persons
Claiming by and
Through, Under or
Against the Named
Defendant(s); Lakewood Park Property
Owners’ Association,
Inc.; Unknown Parties in Possession
#1; Unknown Parties
in Possession #2
Defendant(s).
NOTICE OF SALE
NOTICE IS HEREBY
GIVEN pursuant to
order rescheduling
foreclosure sale or
Final Judgment, entered in Civil Case
No. 2013-CA-003030
of the Circuit Court
of the 19th Judicial
Circuit in and for
Saint Lucie County,
Florida, wherein
JPMorgan Chase
NOTICE OF
NOTICE OF
Bank, National Association, Plaintiff and
FORECLOSURE
FORECLOSURE
Rose Mary McInerney and Deborah
IN THE CIRCUIT
McInerney are defenCOURT OF THE
dant(s), the Clerk of
NINETEENTH
Court, Joseph E.
JUDICIAL CIRCUIT
Smith,
will sell to the
IN AND FOR INDIAN
highest and best bidRIVER COUNTY,
der for cash BY
FLORIDA
ELECTRONIC SALE
CIVIL ACTION
CASE NO.: A T W W W . S T L U C I 31-2014-CA-000697 E.CLERKAUCTION.C
DIVISION:
WELLS FARGO BANK, NA,
Plaintiff,
vs.
THE UNKNOWN HEIRS,DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES, OR OTHER CLAIMANTS
CLAIMING BY, THROUGH,UNDER, OR
AGAINST JEREMIAH O’CONNOR A/K/A
JEREMIAH J. O’CONNOR DECEASED , et
al,
Defendant(s).
NOTICE OF
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Reforeclosure dated
January 16, 2015, and entered in Case No.
31-2014-CA-000697 of the Circuit Court of
the NINETEENTH Judicial Circuit in and for
INDIAN RIVER County, Florida wherein
WELLS FARGO BANK, NA is the Plaintiff
and THE UNKNOWN HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR OTHER CLAIMANTS CLAIMING BY, THROUGH, UNDER,
OR AGAINST, JEREMIAH J. O’CONNOR
A/K/A JEREMIAH JOSEPH O’CONNOR
A/K/A JEREMIAH JOSEPH J. O’CONNOR
A/K/A JERAMIAH J. O’CONNOR, SR., DECEASED; THERESA O’CONNOR A/K/A
THERESA D. O’CONNOR A/KA/ ALMA
THERESA O’CONNOR, AS AN HEIR OF
THE ESTATE OF JEREMIAH J. O’CONNOR
A/K/A JEREMIAH JOSEPH O’CONNOR
A/K/A JEREMIAH JOSEPH J. O’CONNOR
A/K/A JERAMIAH J. O’CONNOR, SR., DECEASED; JEREMIAH J. O’CONNOR, JR.
A/K/A JEREMIAH JOSEPH O’CONNOR, JR.
A/K/A JEREMIAH JOSEPH O’CONNOR, AS
AN HEIR OF THE ESTATE OF JEREMIAH
J. O’CONNOR A/K/A JEREMIAH JOSEPH
O’CONNOR A/K/A JEREMIAH JOSEPH J.
O’CONNOR A/K/A JERAMIAH J. O’CONNOR, SR., DECEASED; MICHAEL ANDREW O’CONNOR A/K/A MICHAEL A.
O’CONNOR, AS AN HEIR OF THE ESTATE
OF JEREMIAH J. O’CONNOR A/K/A JEREMIAH JOSEPH O’CONNOR A/K/A JEREMIAH JOSEPH J. O’CONNOR A/K/A JERAMIAH J. O’CONNOR, SR., DECEASED; DANIEL JEREMIAH O’CONNOR A/K/A DANIEL
J. O’CONNOR, AS AN HEIR OF THE ESTATE OF JEREMIAH J. O’CONNOR A/K/A
JEREMIAH JOSEPH O’CONNOR A/K/A JEREMIAH JOSEPH J. O’CONNOR A/K/A JERAMIAH J. O’CONNOR, SR., DECEASED;
ANN O’CONNOR NIPPER A/K/A ANN O.
NIPPER, AS AN HEIR OF THE ESTATE OF
JEREMIAH J. O’CONNOR A/K/A JEREMIAH
JOSEPH O’CONNOR A/K/A JEREMIAH JOSEPH J. O’CONNOR A/K/A JERAMIAH J.
O’CONNOR, SR., DECEASED; ANY AND
ALL UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST THE
HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE
DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS; are
the Defendants, The Clerk of the Court will
sell to the highest and best bidder for cash
at www.indian-river.realforeclose.com at
10:00AM, on 3/2/2015, the following described property as set forth in said Final
Judgment:
LOT 40, BROOKFIELD AT TRILLIUM PHASE
A, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 18, PAGES
55, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA
A/K/A 3186 ASHFORD SQUARE, VERO
BEACH, FL 32966
Any person claiming an interest in the surplus from the sale, if any, other than the
property owner as of the date of the Lis
Pendens must file a claim within sixty (60)
days after the sale.
Ronald R Wolfe &
Associates, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
By: Joseph R. Rushing
Florida Bar No. 0028365
G13012088 NOS
Requests for Accommodations by Persons
with Disabilities. If you are a person with a
disability who needs any accommodation
in order to participate in this proceeding,
you are entitled, at no cost to you, to the
provision of certain assistance. Please contact Court Administration, 250 NW Country
Club Drive, Suite 217, Port St. Lucie, FL,
34986, 772-807-4370 at least 7 days before
your scheduled court appearance, or immediately upon receiving this notification
if the time before the scheduled appearance is less than 7 days if you are hearing
or voice impaired, call 711.
Pub: February 12, 19, 2015
TCN2676149
NOTICE
NOTICE OF SALE
OM BEGINNING AT
8:00 A.M., BIDS MAY
BE PLACED BEGINNING AT 8:00 A.M.
ON THE DAY OF
SALE on March 3,
2015, the following
described property
as set forth in said
Final Judgment, towit:
LOT 12, BLOCK 108,
LAKEWOOD PARK,
UNIT 9, ACCORDING
T O T H E P L A T
THEREOF, AS RECORDED IN PLAT
BOOK 11, PAGES 27
AND 27A-D, OF THE
PUBLIC RECORDS
OF ST LUCIE COUNTY, FLORIDA.
A N Y P E R S O N
CLAIMING AN
INTEREST IN THE
SURPLUS FROM
THE SALE, IF ANY,
OTHER THAN THE
PROPERTY OWNER
AS OF THE DATE OF
THE LIS PENDENS
MUST FILE A CLAIM
WITHIN 60 DAYS
AFTER THE SALE.
Dated this 3 day of
February, 2015
SHAPIRO, FISHMAN
& GACH, LLP
Attorneys for Plaintiff
2424 North Federal
Highway, Ste 360
Boca Raton, Florida
33431
Telephone:
(561) 998-6700
Fax: (561) 998-6707
For Email Service
Only: [email protected]
For all other inquiries:
[email protected]
Lara Diskin
FL BAR No. 43811 for
By: Kate Dulay, Esq.
FL Bar # 22506
Pursuant to Fla. R.
J u d . A d m i n .
2.516(b)(1)(A),
Plaintiff’s counsel
hereby designates its
primary email
address for the
purposes of email
service as: [email protected]
Pursuant to the Fair
Debt Collections
Practices Act, you
are advised that this
office may be
deemed a debt collector and any information obtained
may be used for that
purpose.
13-264169 FC03 W50
If you are a person
with a disability who
needs any accommodation in order to
participate in this
proceeding, you are
entitled, at no cost to
you, to the provision
NOTICE
« 7E
NOTICE OF SALE
of certain assistance.
Please contact Corrie
Johnson, ADA
Coordinator, 250 NW
Country Club Drive,
Suite 217, Port St.
Lucie, FL 34986,
(772) 807-4370 at
least 7 days before
your scheduled court
appearance, or
immediately upon
receiving this
notification if the
time before the
s c h e d u l e d
appearance is less
than 7 days; if you
are hearing or voice
impaired, call 711.
Pub: Feb. 12, 19, 2015
TCN2676158
Treasure
Coast
Classifieds
MAKE
YOUR
ADVERTISER
DOLLARS
WORK
FOR YOU
tcpalm.com
classified
Your
ultimate
source for
jobs,
homes,
wheels &
stuff.
Treasure
Coast
Classifieds
NOTICE
RFDQ # 2015-154
CITY OF STUART, FLORIDA
REQUEST FOR DEVELOPER QUALIFICATIONS (RFDQ)
SALE OR LEASE AND DEVELOPMENT OF THE 1.4 ACRE, CITYOWNED "TRIANGLE PROPERTY"
In furtherance of its redevelopment objectives, the City of Stuart,
Florida is seeking statements of qualifications from highly experienced developers interested in negotiating the potential purchase
or lease and development of a 1.4 acre city-owned parcel in downtown Stuart. Pursuant to Florida Statute Section 163.380, Disposal
of property in community redevelopment area, the City of Stuart,
Florida hereby gives public notice of its interest in selling or leasing a 1.4 acre parcel of city-owned land known as the "Triangle
Property". (See map below):
Proposals to buy or lease the subject property shall submit one (1)
original and eight (8) copies containing all of the required information no later than 2:30 PM on May 6, 2015, and shall be made in
the form of a response to "Request for Developer Qualifications"
(RFDQ), which must conform to all submittal instructions contained in RFDQ Package #2015-154: "Triangle Property", a copy of
which may be obtained at no charge by contacting the City of Stuart Procurement and Contracting Services Division at City Hall 121
SW Flagler Avenue, Stuart, Florida, by email at [email protected] (preferred) or by telephone at (772) 288-5320. Submittals
received after that date and time will not be accepted or considered and will be retained in the Procurement Office unopened.
All pertinent information regarding the site is contained in RFDQ
Package #2015-154.
All responses shall be submitted in a sealed envelope or box and
marked: RFDQ # 2015-154: "Triangle Property.
Pursuant to the requirements of Section 287, Florida Statutes, all
proposers are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor List.
There will be a NON-MANDITORY pre-proposal conference in the
City Hall Commission Chambers, 121 SW Flagler Avenue, Stuart,
Florida on Wednesday, March 11, 2015 at 2:00 PM. All prospective
developers are encouraged to attend. Attendance is highly recommended, but not mandatory. Pursuant to the requirements of Section 287, Florida Statutes, all proposers are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor
List.
It is the responsibility of the proposer to assure that responses are
received either by mail or by hand in the City of Stuart Procurement and Contracting Services Division no later than the specified
time and date. Submittals received after this date and time will
not be accepted or considered and will be retained in the Procurement office unopened. No telegraphed, facsimile or electronic
(email) submittals will be considered.
The City of Stuart assumes no responsibility for the content of any
RFDQ package received through any 3rd party service or any
source other than City of Stuart Procurement Division or DemandStar by Onvia. It is the sole responsibility of the vendor to
ensure the completeness of the documents received from any
source other than the City of Stuart or DemandStar.
The Stuart City Commission reserves the right to reject any or all
responses with or without cause when such rejection is in the best
interests of the City, in the City’s sole determination. The City also
reserves the right to reject the response of a company, corporation
or individual who has previously failed to perform in a similar solicitation, or whom investigation shows is not in a position to perform.
In compliance with the Americans with Disabilities Act (ADA), anyone desiring to attend this submittal opening who needs a special
accommodation should contact the City’s ADA coordinator at 772288-5306 or TDD at 772-288-5302 at least 48 hours in advance of
the meeting, excluding Saturday and Sunday.
Responses will be publicly opened and read aloud on the appointed time and date of the qualifications opening, or as soon as practicable thereafter at Stuart City Hall, 121 SW Flagler Avenue Stuart, Florida. Responses will be available for public inspection 30
days after the appointed time and date. The City of Stuart reserves
the right to waive any informalities or technicalities and to reject
or accept any responses that, in the judgment of the City of Stuart,
in its sole discretion, are in the best interest of the City. Any questions concerning this solicitation may be addressed in writing to
the City of Stuart Procurement and Contracting Services Division
at tiverson@ci,stuart.fl.us (preferred) or by fax at (772) 600-1200.
Publish Date:
February 19, 2015
TCN2677379
CITY COMMISSION
CITY OF STUART, FLORIDA
88 of 88