staff report rastrelli richard and kathy rezoning · 2021. 8. 4. · rastrelli richard and kathy...

MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW

STAFF REPORT

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A. Application Information

RASTRELLI RICHARD AND KATHY REZONING

Applicant: Rastrelli Richard & Kathy L Property Owner: Rastrelli Richard & Kathy L Agent for the Applicant: Cuozzo Planning Solutions, LLC Donald Cuozzo County Project Coordinator: Peter Walden, Senior Planner Growth Management Director: Nicki van Vonno, AICP Project Number: R106-001 Application Type and Number: D003 201700127 Report Number: 2017_0531_R106-001_Staff_Report_Final Application Received: 04/24/2017 Transmitted: 04/25/2017 B. Project description and analysis This is an application for a proposed amendment to the county Zoning Atlas for a commercial district designation (Section 3.2.E, LDR). The proposed amendment is to change the existing zoning district on the subject parcel from R-3A, Liberal Multi-family District, to GC, General Commercial District. The parcel is approximately 2.29 acres, located on the southwest corner of SW Kanner Highway and SW Locks Road. The land use designation for the property on the Future Land Use Map (FLUM) of the County’s Comprehensive Growth Management Plan (CGMP) is General Commercial. The current zoning district on the property, R3-A 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 applicant has requested a zoning change to GC, General Commercial District. There are two standard category “A” zoning districts available to implement the General Commercial land use policies of the CGMP, which are the GC, General Commercial Zoning District and the CC, Community Commercial Zoning District. In addition to the standard zoning districts, the PUD (Planned Unit Development) District is also available as an 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 to the County. A scrivener’s error associated with the future land use designation on the property is being corrected as part of this application. The future Land Use Map of the County’s Comprehensive Growth Management

Development Review Staff Report

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Plan depicts a western portion of the property incorrectly as Estate Density Residential. Staff has determined that the entire parcel should reflect the General Commercial Future Land use that encompasses the majority of the property. The following tables indicate the permitted uses and the development standards for the General Commercial category “A” District. The permitted uses for the R-3A District are listed separately as the permitted uses do not directly correspond to the Category “A” table. 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.

TABLE 3.11.2 PERMITTED USES - CATEGORY "A" NONRESIDENTIAL DISTRICTS

USE CATEGORY C C

G C

Residential Uses Accessory dwelling units

Apartment hotels P P

Mobile homes Modular homes

Multifamily dwellings Single-family detached dwellings

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 Aquaculture Crop farms

Dairies Exotic wildlife sanctuaries

Farmer's markets


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Feed lots Fishing and hunting camps

Orchards and groves Plant nurseries and landscape services P P

Ranches Silviculture

Stables, commercial Storage of agricultural equipment, supplies and produce

Wildlife rehabilitation facilities Public and Institutional Uses

Administrative services, not-for-profit P P

Cemeteries, crematory operations and columbaria Community centers P P

Correctional facilities Cultural or civic uses P P

Dredge spoil facilities Educational institutions P P

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 P

Neighborhood assisted residences with six (6) or fewer residents

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 P

Post offices P P

Protective and emergency services P P

Public libraries P P


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Public parks and recreation areas, active P P

Public parks and recreation areas, passive P P

Public vehicle storage and maintenance Recycling drop-off centers P P

Residential care facilities P Solid waste disposal areas

Utilities P P

Commercial and Business Uses Adult business

Ancillary retail use Bed and breakfast inns P

Business and professional offices P P

Campgrounds Commercial amusements, indoor P P

Commercial amusements, outdoor P

Commercial day care P P

Construction industry trades P P

Construction sales and services P P

Family day care Financial institutions P P

Flea markets P

Funeral homes P P

General retail sales and services P P

Golf courses Golf driving ranges P

Hotels, motels, resorts and spas P P

Kennels, commercial P

Limited retail sales and services P P

Marinas, commercial P P

Marine education and research Medical services P P

Pain management clinics P

Parking lots and garages P P

Recreational vehicle parks P P


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

effective date of this ordinance

Residential storage facilities P P

Restaurants, convenience, with drive-through facilities P

Restaurants, convenience, without drive-through facilities P P

Restaurants, general P P

Shooting ranges Shooting ranges, indoor P P

Shooting ranges, outdoor Trades and skilled services P

Vehicular sales and service P

Vehicular service and maintenance P

Veterinary medical services P P

Wholesale trades and services P

Transportation, Communication and Utilities Uses Airstrips

Airports, general aviation Truck stop/travel center

Industrial Uses Composting, where such use was approved or lawfully

established prior to March 1, 2003

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

Life Science, Technology and Research (LSTAR) Uses Biomedical research P P

Bioscience research P P

Computer and electronic components research and assembly P P

Computer and electronic products research and assembly P P

Computer programming/software research P P


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Computer system design P P

Electromedical apparatus research and assembly P P

Electronic equipment research and assembly P P

Laser research and assembly P P

Lens research P P

Management, scientific and technical services P P

Marine Research P P

Medical and dental labs P P

Medical equipment assembly P P

Optical equipment assembly P P

Optical instruments assembly P P

Optoelectronics assembly P P

Pharmaceutical products research P P

Precision instrument assembly P P

Professional, scientific and technical services P P

Reproducing magnetic and optical media P P

Research and development laboratories and facilities, including alternative energy P P

Scientific and technical consulting services P P

Simulation training P P

Technology centers P P

Telecommunications research P P

Testing laboratories P P

Targeted Industries Business (TIB) Uses Aviation and aerospace manufacturing

Business-to-business sales and marketing P P

Chemical manufacturing Convention centers P P

Credit bureaus P P

Credit intermediation and related activities P P

Customer care centers P P

Customer support P P

Data processing services P P

Electrical equipment and appliance component manufacturing


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Electronic flight simulator manufacturing Fiber optic cable manufacturing

Film, video, audio and electronic media production and postproduction P P

Food and beverage products manufacturing Funds, trusts and other financial vehicles P P

Furniture and related products manufacturing Health and beauty products manufacturing Information services and data processing P P

Insurance carriers P P

Internet service providers, web search portals P P

Irradiation apparatus manufacturing Lens manufacturing

Machinery manufacturing Management services P P

Marine and marine related manufacturing Metal manufacturing

National, international and regional headquarters P P

Nondepository credit institutions P P

Offices of bank holding companies P P

On-line information services P P

Performing arts centers P P

Plastics and rubber products manufacturing Printing and related support activities

Railroad transportation Reproducing magnetic and optical media manufacturing

Securities, commodity contracts P P

Semiconductor manufacturing Simulation training P P

Spectator sports P P

Surgical and medical instrument manufacturing Technical support P P

Telephonic and on-line business services P P

Textile mills and apparel manufacturing


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Transportation air Transportation equipment manufacturing

Transportation services P

Transaction processing P P

Trucking and warehousing Wood and paper product manufacturing

Sec. 3.407. - R-3A Liberal Multiple-Family District. 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.

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:

1 story: 20 feet. 2 stories: 25 feet.


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2. Sides and rear:

1 story: 6 feet. 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.

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 GC 10,000 80 — 20.00 60 40 20 —

A CC 10,000 80 20.00 50 30 30 ___

C R-3A 7,500 60 15 ___ 30 40 ___ ___

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 GC 25 25 25 25 20 20 30 40 10 10 20 30

A CC 25 25 25 25 20 20 30 40 10 10 20 30

C R-3A 20 25 30 35 6 10 15 20 6 10 15 20 Standards for Amendments to the Zoning Atlas


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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 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 was designated as General Commercial, on the original Future Land Use Map (FLUM) adopted in 1982. The requested General Commercial District implements the General Commercial Future Land Use policies of the CGMP. The granting of a zoning change to the General Commercial 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 General Commercial future land use classification, which is the General Commercial Zoning District. Therefore, rezoning the subject property to the General Commercial 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 General Commercial district is intended to implement the policies of the CGMP for lands designated General Commercial on the Future Land Use Map of the CGMP. Therefore, rezoning the subject property to the General Commercial Zoning District is consistent with the Land Development Regulations. The granting of a zoning change by the


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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 2.29 acres located on the southwest corner of SW Kanner Highway and Locks Road approximately one quarter mile southwest of the Florida Turnpike interchange. The requested zoning change to the General Commercial Zoning District is compatible with the distribution of uses in the area and implements the future land use on the property. Throughout the SW Kanner Highway corridor, properties adjacent to the Major Arterial highway are mostly zoned commercial or industrial, separating residential uses from the highway. The property directly across Kanner Highway has a Limited Commercial land use. The properties to the north and west are Estate Density Residential.

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

The pattern of development which has focused on commercial and residential 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 the area continues to evolve as a Major Arterial for the County. The opening of Interstate I-95 helped create industrial land uses to the north and east. The original land uses and zoning districts along most of SW Kanner Highway 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 Primary Urban Services District. 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 proposed amendment to the zoning atlas is consistent with the General Commercial designation assigned to the Future Land Use Map in 1982. The permitted uses and Land Development regulations pertaining to the General Commercial 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.


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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 G ARDP Samantha Lovelady 288-5664 N/A H Development Review Peter Walden 219-4923 Comply I County Attorney Krista Storey 288-5443 Review Ongoing J 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 (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). E. Location and site information Parcel number(s) and address: 08-39-41-000-004-0005.0-60000 No Address Existing Zoning: R-3A, Liberal Multi-Family Future land use: FLU-CG, Future Land Use Commercial General Census tract: Not Applicable Commission district: 4 Community redevelopment area: Not Applicable Municipal service taxing unit: District 4 Planning area: South Mid Storm surge zone: Not Available Taxing district: Not Available Traffic analysis zone: 41


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Location Map

Aerial


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Adjacent Property uses: North: Lock Road Right-of-way, then Savannah Estates; South and east: SW Kanner Highway Right-of-way, Kanner Commercial Center and Marine Ventures International, Inc.; West: Vacant land and Single family residential.

Zoning Atlas (Excerpt)

Adjacent Zoning Districts: North: R-2, Single Family Residential; South and East: Limited Commercial; West: R-2, Single Family Residential.

Land Use Map (excerpt)


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Adjacent Land Uses: North: Estate Density Residential, up to 2 units per acre; South and East: Limited Commercial; West: Estate Density Residential, up to 2 units per acre. The Estate Density Land use showing up on the property is due to a scrivener’s error. The correction of the error is part of this application.

1982 Future Land Use Map

The 1982 Future land Use Map Indicates the property is General Commercial.


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

Findings of Compliance: Zoning Conditions 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) Item #1: Zoning Conditions 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. 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) 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) Item #1: Notice Of A Public Hearing The notice of a public hearing regarding development applications shall be mailed at least 14 calendar days (seven calendar days if the application is being expedited pursuant to section 10.12) prior to the public hearing by the applicant to all owners of real property located within a distance of 500 feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 1000 feet. In addition, notice shall be mailed to all homeowner associations, condominium associations and the owners of each condominium unit within the notice area. MARTIN COUNTY, FLA., LDR, § 10.6.E.1. Item #2: List Of Property Owners A list of all owners to be notified pursuant to this section shall be provided by the applicant to the


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County Administrator no later than two weeks prior to the scheduled time of the public hearing. This list shall be based on the most recent tax roll available and must be certified as to its authenticity and completeness by an attorney at law or title company. MARTIN COUNTY, FLA., LDR, § 10.6.E.2. H. Determination of compliance with legal requirements - County Attorney's Office 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: 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. 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:


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Fee type: Fee amount: Fee payment: Balance: Application review fees: $1,000.00 $1,000.00 $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. L. General application information Applicant: Rastrelli Richard & Kathy L 557 Sw 11th Ct Palm City, FL 34990 Agent: Cuozzo Planning Solutions, LLC Donald Cuozzo P. O. Box 564 Jensen Beach, Fl 34958 772-221-2127 Engineer: Cuozzo Planning Solutions, LLC Donald Cuozzo P. O. Box 564 Jensen Beach, FL 34958 772-221-2128 M. 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


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N. Attachments

Treasure Coast Newspapers Monday, May 15, 2017 5C

INDIAN RIVERMay 15, 2017

Pursuant to Section 98.075, Florida Statutes, Leslie R. Swan, as Indian River County Supervisor of Elections, is hereby providing notice that the following individuals may be declared ineligible to vote if they fail to contact the Supervisor’s Office within 30 days of the date this notice is pub-lished. A voter that fails to respond may also have their name removed from the Florida Voter Registration System. Any individual listed below may contact the Supervisor’s Office within 30 days of the date this notice is published to receive information regarding the basis for the potential ineligibility and the procedure to resolve the matter. Should an individual listed below need additional assistance, the voter should contact the Supervisor’s Office or the county in which the voter is registered. For more information or further assistance please contact the Indian River County Supervisor of Elections Office at (772) 226-3440.

Bailey, Daniel K 1285 21st St Vero BeachBoogaerts, Shannon B 243 Dickens Ave SebastianBrackett, Lindsey 794 Schumann Dr SebastianButler, Robert 3827 42nd PL Vero BeachCole, Taneisha L 1015 Commerce Ave Vero BeachDubois, Peter 5065 E 1st Sq SW Vero Beach Franz, Thomas F 7454 130th PL Vero BeachGalinat III, Richard E 458 Banyan St Vero BeachGumm III, Kenneth E 2655 53rd Ave Vero BeachHall, Corrine S 4676 32nd Ave Vero BeachHall, Peter M 400 Airport Dr W Vero BeachHarris, Jerry L 3964 Washington Ter SebastianHaynes Jr, Eric L 2771 4th St Vero BeachHines, Nathan D 8766 103rd Ct Vero BeachHolloway Jr, Othalee 1826 41st Ave Apt A Vero BeachJones, Tina L 3816 44th St Vero Beach March, Jeffrey G 2025 7th Dr SW Vero Beach Moore, Gary K 1095 23rd Pl SW Vero BeachOsborne, Demetrius J 3844 42nd Ln Vero Beach Pancotti, Steven J 4926 5th Mnr Vero BeachPerkins, Joseph A 2210 18th St Vero BeachPhillips, Deon A 1436 38th Ct Vero BeachSeaman, Kyle A 1365 42nd Ave Vero BeachStewart, Lisa A 1436 41st Ave Vero BeachTaylor, Buddy L 9695 26th St Vero Beach Upson, Gladys M 1455 90th Ave Lot 240 Vero Beach Vaughn, Alice A 570 7th Pl Vero BeachWilliams, Myra L 4531 38th Ct Vero Beach Pub: May 15, 2017TCN 1598534

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT,IN AND FOR ST. LUCIE COUNTY, FLORIDA

Case No.: 2015-CA-000858

CITY OF PORT SAINT LUCIE, FLORIDA Plaintiff,

UMB BANK, NATIONAL ASSOCIATION, asSuccessor Trustee for the bondholders pursuant to a Trust Indenture dated June 1, 2010,Plaintiff-Intervenor vs.

VACCINE AND GENE THERAPY INSTITUTEOF FLORIDA CORPORATION Defendant,

STATE OF FLORIDA, DEPARTMENT OFECONOMIC OPPORTUNITY,Intervenor.

NOTICE OF FILING OF AND EVIDENTIARY HEARING TO CONSIDER JOINT MOTION FOR ENTRY OF ORDER (I) AMENDING AND RESTATING CORRECTED ORDER APPOINTING RECEIVER OVER DEFENDANT AND MORTGAGED PROPERTY, (II) APPROVING THE TRANSFER AGREEMENT, (III) AUTHORIZING AND DIRECTING CONVEYANCE OF THE TRANSFERRED ASSETS TO THE CITY ON A “FREE AND CLEAR” BASIS EXCEPT AS EXPRESSLY PROVIDED, (IV) APPROVING THE TERM SHEET RELATING TO THE DISPOSITION OF THE SEPARATELY SECURED PROPERTY, AND (V) GRANTING RELATED RELIEF

PLEASE TAKE NOTICE OF THE FOLLOWING:

On June 5, 2017 at 9:00 a.m., the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida (the “Court”) will hold an evidentiary hearing (the “Hearing”) before the Honorable Janet C. Croom at the St. Lucie County Courthouse, 218 S. 2nd Street, Fort Pierce, Florida to consider the Joint Motion For Entry Of Order (I) Amending And Restating Corrected Order Appointing Receiver Over Defendant And Mortgaged Property, (II) Approving The Trans-fer Agreement, (III) Authorizing And Directing Conveyance Of The Transferred Assets To The City On A “Free And Clear” Basis Except As Expressly Provided, (IV) Approving The Term Sheet Relating To The Disposition Of The Separately Secured Property, And (V) Granting Related Relief (the “Joint Motion”), which was filed on March 31, 2017 in the above-captioned matter by the CITY OF PORT SAINT LUCIE, FLORIDA (the “City”), UMB BANK, NATIONAL ASSOCIATION, as Suc-cessor Indenture Trustee (the “Trustee”), the STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY (“DEO”), and MICHAEL E. IMBER of Alvarez & Marsal Public Sector Services, LLC, not individually, but solely in his capacity as the Court-appointed Receiver (the “Receiver”) for VACCINE AND GENE THERAPY INSTITUTE OF FLORIDA CORP. (“VGTI”) (the City, the Trustee, DEO, and the Receiver are collectively referred to as the “Moving Parties”).

At the Hearing, the Moving Parties will request that the Court grant the relief sought by the Joint Motion as set forth in further detail therein including, without limitation, entry of a Proposed Order in substantially the form attached to the Joint Motion as Exhibit A providing for, among other things, (i) approval of the Transfer Agreement attached to the Joint Motion as Exhibit B providing for the transfer of substantially all of VGTI’s assets to the City, subject to certain rights, terms, and conditions as set forth therein, (ii) authorizing and directing the conveyance of the Transferred Assets to the City on a “Free and Clear” basis, except as expressly provid-ed, (iii) approval of the Term Sheet attached to the Joint Motion as Exhibit C between the City and DEO regarding the valuation and disposition of the Separately Secured Property upon which DEO maintains a lien, (iv) revisions to the scope of the receivership and the duties of the receiver, and (v) the appointment of a successor receiver and the release and discharge of the current Receiver.

Any written responses or objections to the proposed relief sought by the Petition must be filed with the Court prior to the Hearing and a copy of such objection must be served upon each of the Moving Parties, through their counsel, at the following addresses: (i) Nason Yeager Gerson White & Lioce, P.A., ATTN: John Fumero & Azlina Goldstein Siegel, Esq., 750 Park of Commerce Boulevard, Suite 210, Boca Raton, Florida 33487; (ii) Bilzin Sumberg Baena Price & Axelrod LLP, ATTN: Jeffrey I. Snyder, Esq., 1450 Brickell Avenue, Suite 2300, Miami, Florida 33131; (iii) Reed Smith LLP, ATTN: Eric A Schaffer, Esq. & Luke A. Sizemore, Esq., 1301 K Street, N.W., Suite 1000, East Tower, Washington, DC 20005; and (iv) State of Florida, Department of Economic Oppor-tunity, ATTN: Ross Marshman, Esq., 107 East Madison Street, The Caldwell Building, MSC-110, Tallahassee, Florida 32399. If you do not file a timely objection or appear at the hearing, any objection to the relief sought by the Joint Motion, including, without limitation, entry of the Proposed Order, approval of the Transfer Agreement and the Term Sheet (as such terms are defined in the Joint Motion), conveyance of the Transferred Assets to the City on a “Free and Clear” basis, except as expressly provided, revisions to the scope of the receivership and duties of the receiver, and the appointment of a successor receiver and the release and discharge of the current Receiver shall be forever waived and the Court may assume that you consent to the relief sought by the Joint Motion and may enter the Proposed Order or another appropriate order granting such relief.

The Moving Parties encourage interested parties to review the Joint Motion and the exhibits thereto in their entirety and consult an attorney if they have questions or desire advice. A complete electronic or paper copy of the Joint Motion and all exhibits may be obtained by contacting Jeffrey Snyder via electronic mail at [email protected] or by writing to Bilzin Sum-berg Baena Price & Axelrod LLP, ATTN: Jeffrey Snyder, 1450 Brickell Avenue, Suite 2300, Miami, Florida 33131. Please specify electronic or paper copy when writing and provide your contact information

Pub: April 28, 2017TCN 1579537

Notice To Creditors

IN THE CIRCUIT COURT IN AND FOR INDIAN RIVER COUNTY, FLORIDA PROBATE DIVISION CASE NO. 312017CP000242

IN RE: ESTATE OFREMA DELL CAMPBELL,

Deceased.

NOTICE TO CREDITORSThe administration of the

estate of Rema Dell Camp-bell, deceased, whose date of death was February 1, 2017, is pending in the Circuit Court for Indian River Coun-ty, Florida, Probate Division, the address of which is 2000 16th Avenue, Vero Beach, FL 32960. The names and addresses of the personal representative and the per-sonal representative’s attor-ney 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 WITHIN 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 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 THE FIRST PUBLICATION OF THIS NOTICE.

ALL CLAIMS NOT FILED WITH-IN 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 OF DEATH IS BARRED.

The date of first publication of this notice is May 15, 2017.

Personal Representative:Gregory Campbell

3111 Cardinal DriveVero Beach, FL 32963

Attorney for Personal Representative:Allison B. Voge, Esq.Florida Bar No. 85726O’Haire, Quinn, Casalino, Chartered3111 Cardinal Drive Vero Beach, FL 32963Telephone: (772) 231-6900Pub: May 15, 22, 2017TCN 1607857

IN THE CIRCUIT COURT IN ANDFOR INDIAN RIVER COUNTY,FLORIDA PROBATE DIVISION CASE NO.: 312017CP000240

IN RE: ESTATE OF ALDO B. SCARLATTA,

Deceased.


estate of Aldo B. Scarlat-ta, deceased, whose date of death was February 11, 2017, is pending in the Circuit Court for Indian River Coun-ty, Florida, Probate Division, the address of which is 2000 16th Avenue, Vero Beach, FL 32960. The names and addresses of the personal representative and the per-sonal representative’s attor-ney 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 WITHIN 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 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 THE FIRST PUBLICATION OF THIS NOTICE.

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



Personal Representative:Ann P. Hays

3111 Cardinal DriveVero Beach, FL 32963

Attorney for Personal Representative:Allison B. Voge, Esq.Florida Bar No. 85726O’Haire, Quinn, Casalino, Chartered3111 Cardinal Drive Vero Beach, FL 32963Telephone: (772) 231-6900Pub: May 15, 22, 2017TCN 1607225

Notice To Creditors

IN THE CIRCUIT COURT OFTHE 19TH JUDICIAL CIRCUITIN AND FOR INDIAN RIVERCOUNTY, FLORIDA PROBATE DIVISIONCASE NO. 312017CP000276HONORABLE VICTORIA L. GRIFFIN

IN RE: ESTATE OF CLIFFORD ELLSWORTH

FORLINES a/k/a

CLIFFORD E. FORLINES, Deceased.


Estate of Clifford Ellsworth Forlines a/k/a Clifford E. For-lines, Deceased, whose date of death was February 23, 2017, is pending in the Circuit Court for Indian River, Coun-ty, Florida, Probate Division, the address of which is 2000 16th Street, Vero Beach, FL 32960. The names and addresses of the Personal Representative and the Per-sonal Representative’s attor-ney 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 WITHIN 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 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 THE FIRST PUBLICATION OF THIS NOTICE.

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



Personal Representative:Nancy J. Forlines

c/o 819 Beachland BoulevardVero Beach, FL 32963

Attorney for Personal Representative:Charles E. GarrisFlorida Bar No. 218669Charles E. Garris P.A.819 Beachland Blvd.Vero Beach, FL 32963(772) 231-1995E-mail: [email protected] Pub: May 8, 15, 2017TCN 1600071

Other Public Notices

PUBLIC NOTICE

Effective June 12, 2017, Dr. John Hirt will no longer be employed by Martin Heath Physician Group. Patient records will be maintained at 10600 S.E. Federal High-way, Hobe Sound, FL 33455, telephone (772) 223-4943. You may have a copy of your medical record transferred to a physician of your choice at no charge with a signed authorization.

Pub: April 24, May 1, 8, 15, 2017TCN 1532248

Public Notices

BEFORE THE LOCAL PLANNING AGENCY AND THE BOARD OF COUNTY

COMMISSIONERS MARTIN COUNTY, FLORIDA

NOTICE OF PUBLIC HEARINGS

Subject: Nuview IRA, Inc. (P158-002) Rezoning Request for a zoning district change from the current RT Zoning District to RM-8 Medium Density Residential District, or the most appropriate zon-ing district. Included in this application is a request for a Certificate of Public Facili-ties Exemption.

Location: The subject prop-erty is approximately 4.27 acres located on the North-west corner of SE Porter Boulevard and SE Dixie High-way in Hobe Sound.

Time and Date: LOCAL PLANNING AGENCY 7:00 P.M., or as soon after as

the matter may be heard, on Thursday, June 1, 2017

BOARD OF COUNTY COMMISSIONERS 9:00 A.M., or as soon after as

the matter may be heard, on Tuesday, July 25, 2017

Place: Martin County Administrative Center 2401 SE Monterey Road Stuart, Florida

All interested persons are invited to attend and be heard. Persons with disabil-ities who need an accom-modation in order to partic-ipate in this proceeding are entitled, at no cost, to the provision of certain assis-tance. This does not include transportation to and from the meeting. Please contact the Office of the ADA Coordi-nator at 772-221-1396, or the Office of the County Admin-istrator 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 Ser-vices.

When attending a public hear-ing, a member of the public may speak during the public comment portion of the pub-lic hearing. A person may also participate in the public meeting as an Intervenor. An Intervenor may ask ques-tions of the staff, applicant and give testimony on the subject of the public hearing. In order to be an Interve-nor, a person must qualify to receive mailed notice of the subject application in accor-dance with Section 10.6.E, Land Development Regula-tions, 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 Interve-nor. If the Intervenor is rep-resenting a group/associa-tion, he/she must file a letter on official letterhead signed by an authorized represen-tative of the group/associ-ation, stating that he/she is authorized to speak for the group. Forms are available on the Martin County web-site 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 per-son will need a record of the proceedings and, for such purpose, may need to ensure 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, 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 Direc-tor, (e-mail: [email protected]) or 2401 SE Monterey Road, Stuart, FL 34996.

THIS NOTICE DATED THIS 9TH DAY OF May, 2017.

Pub: May 15, 2017TCN 1606006

Public Notices

BEFORE THE LOCAL PLANNING AGENCY AND THE BOARD OF COUNTY

COMMISSIONERS MARTIN COUNTY, FLORIDA


Subject: Nuview IRA, Inc. (P158-002) Rezoning Request for a zoning district change from the current RT Zoning District to RM-8 Medium Density Residential District, or the most appropriate zon-ing district. Included in this application is a request for a Certificate of Public Facili-ties Exemption.

Location: The subject prop-erty is approximately 4.27 acres located on the North-west corner of SE Porter Boulevard and SE Dixie High-way in Hobe Sound.











Pub: May 15, 2017TCN 1606006

BEFORE THE LOCAL PLANNING AGENCY AND THE

BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA


Subject: Pace 2000 (P166-002) Rezoning Request for a zoning district change from the current R-3A Lib-eral Multi-Family District to RM-10 High Density Resi-dential District, or the most appropriate zoning district. Included in this application is a request for a Certificate of Public Facilities Exemption.

Location: The subject prop-erties are approximately .456 and .542 acres locat-ed between NW North River Shores Boulevard and NW 10th Terrace, and adjacent to NW Spruce Drive in North River Shores.











Pub: May 15, 2017TCN

Public Notices


BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA


Subject: Pace 2000 (P166-002) Rezoning Request for a zoning district change from the current R-3A Lib-eral Multi-Family District to RM-10 High Density Resi-dential District, or the most appropriate zoning district. Included in this application is a request for a Certificate of Public Facilities Exemption.

Location: The subject prop-erties are approximately .456 and .542 acres locat-ed between NW North River Shores Boulevard and NW 10th Terrace, and adjacent to NW Spruce Drive in North River Shores.











Pub: May 15, 2017TCN

There’s no place like here!TCPALM Localfieds

Public Notices


BOARD OF COUNTY COM-MISSIONERS

MARTIN COUNTY, FLORIDA


Subject: Rastrelli, Richard and Kathy (R106-001) Rezon-ing Request for a zoning dis-trict change from the current R-3A Zoning District to the General Commercial District, or the most appropriate zon-ing district. Included in this application is a request for a Certificate of Public Facili-ties Exemption.

Location: The subject prop-erty is approximately 2.29 acres located on the South-west corner of SW Kanner Highway and SW Locks Road.

Time and Date: LOCAL PLANNING AGENCY

7:00 P.M., or as soon after as the matter may be heard, on

Thursday, June 1, 2017 BOARD OF COUNTY COMMISSIONERS 9:00 A.M., or as soon after as








Pub: May 15, 2017TCN 1605992

Public Notices


BOARD OF COUNTY COM-MISSIONERS

MARTIN COUNTY, FLORIDA


Subject: Rastrelli, Richard and Kathy (R106-001) Rezon-ing Request for a zoning dis-trict change from the current R-3A Zoning District to the General Commercial District, or the most appropriate zon-ing district. Included in this application is a request for a Certificate of Public Facili-ties Exemption.

Location: The subject prop-erty is approximately 2.29 acres located on the South-west corner of SW Kanner Highway and SW Locks Road.

Time and Date: LOCAL PLANNING AGENCY

7:00 P.M., or as soon after as the matter may be heard, on

Thursday, June 1, 2017 BOARD OF COUNTY COMMISSIONERS 9:00 A.M., or as soon after as








Pub: May 15, 2017TCN 1605992 NOTICE - The Martin County

School District has sched-uled an Insurance Commit-tee meeting on Monday, May 22, 2017 at 3:30 P.M. to be held at the Instructional Cen-ter, HR – Bldg. 20, Room 7, 500 East Ocean Blvd, Stuart, FL 34994.

Pub: May 15, 2017TCN 1592233

Request for Bids

REQUEST FOR BID (RFB) 2017-2964

Martin County Board of County CommissionersPurchasing Division2401 S.E. Monterey RoadStuart, Florida 34996(772) 288-5481Email: [email protected]

The Board of County Com-missioners, Martin County, Florida, will receive sealed bids for:

BATHTUB BEACH RESTROOM (RE-BID)

Sealed bids will be received by the Information Desk on the 1st Floor at the address above until 2:30 PM local time, on Wednesday, June 7, 2017.

The basic bid document is available at www.martin.fl.us. Type “bids” in the Search field then click on Bid Search.

The complete bid document may be downloaded from www.demandstar.com.

Martin County is an equal opportunity/affirmative action employer.

By order of the Board ofCounty Commissioners of Martin County, Florida.Pub: May 15, 2017TCN 1608128

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