PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER APPROVAL OF COMPREHENSIVE PLAN AMENDMENT (CPA 25-04), ACCESSORY DWELLING UNITS, A TEXT AMENDMENT
end
EXECUTIVE SUMMARY:
executive summary
This is a request to consider the approval of Comprehensive Growth Management Plan Amendment (CPA 25-04), Accessory Dwelling Units, to change the text of Chapter 2, Overall Goals and Definitions, and Chapter 4, Future Land Use Element, of the Comprehensive Growth Management Plan (CGMP), Martin County Code, a text amendment initiated by Resolution 25-8.16.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: Plan Amendment
BACKGROUND/RELATED STRATEGIC GOAL:
In accordance with Sections 163.3174(4)(a) and 163.3184(3)(c)1 and (11), Florida Statutes (FS), all CGMP amendments require three public hearings. The first public hearing for this CGMP amendment was conducted before the Local Planning Agency on December 4, 2025. The LPA unanimously recommended approval of the proposed amendments with a vote of 4-0. The second public hearing was conducted on December 9, 2025, at which time the Board of County Commissioners (BCC) elected to transmit the CGMP amendment to the State Land Planning Agency and other state and regional reviewing agencies. This is the third public hearing where the BCC determines whether to approve the CGMP amendment.
Upon transmittal, Section 163.3184, FS, requires state and regional reviewing agencies to provide comments to the County regarding any impacts to important state resources and facilities. The state and regional reviewing agencies must provide their comments, if any, to Martin County within 30 days of the agency’s receipt of the proposed amendments. If comments are received regarding impact to state resources and facilities, they must be addressed prior to adoption of the CGMP amendment. Failure to successfully address impacts to state resources and facilities may form the basis for a challenge to the amendment after adoption.
The adoption public hearing is the third required public hearing. Pursuant to Section 163.3184(3)(c)1 and (11), FS, Martin County must hold the adoption public hearing within 180 days after the receipt of reviewing agency comments. If Martin County fails to hold an adoption public hearing, the amendment is deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment. If the CGMP amendment is adopted, Martin County has 10 days to send the amendment adoption package to the State Land Planning Agency. The State Land Planning Agency has 5 days to determine whether the amendment adoption package is complete.
If an affected party challenges the adoption of a CGMP amendment, the petition must be filed within 30 days of the adoption date of the amendment. If the State Land Planning Agency challenges the adoption of a CGMP amendment, the petition must be filed within 30 days of the completeness determination by the State Land Planning Agency.
A Business Impact Estimate, provided in accordance with Section 125.66(3), Florida Statutes, is included as an attachment to this agenda item.
ISSUES:
Please see the attached staff report for analysis of the proposed amendment.
LEGAL SUFFICIENCY REVIEW:
Decisions approving or rejecting proposed CGMP amendments constitute legislative actions because they involve the policymaking function of the BCC. They are different from rezoning and site plan decisions, which are quasi-judicial actions involving the application of general rules of policy to specific situations. If approval of a CGMP amendment is challenged by an affected person, the approval will be sustained if it complies with Florida Statutes regarding (1) procedural requirements (e.g. proper notice, public hearing), and (2) substantive requirements (e.g. adequate data and analysis, internal consistency). The fairly debatable standard is applicable to the review and requires judicial approval of a BCC approval if reasonable persons could differ as to the propriety of the decision. For example, if a petitioner were to claim than an amendment adopted a provision that was not consistent with an existing provision of the CGMP, the court would strike down the amendment only if the court found no reasonable person would think that the provisions are consistent. If approval of a CGMP amendment is challenged, the process for administrative review will be as provided in Section 163.3184(5), FS.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance for CPA 25-04, Accessory Dwelling Units, Text Amendment.
ALTERNATIVE RECOMMENDATIONS
Move that staff provide additional information and continue the item to a future date.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
ALTERNATIVE RECOMMENDATIONS
Staff time.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: