PLACEMENT: Departmental
TITLE:
title
REQUEST FOR SUBMISSION OF DETERMINATION LETTER TO THE DEPARTMENT OF COMMERCE
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EXECUTIVE SUMMARY:
executive summary
At least every seven years, pursuant to Chapter 73C-49, Florida Administrative Code, Martin County must determine whether the Comprehensive Growth Management Plan must be amended for consistency with changes to Florida Statues. Martin County must make this determination and submit a letter to the state by December 1, 2023. Staff seeks approval to send the Determination letter to Department of Commerce.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Clyde Dulin, AICP
Title: Comprehensive Planning Administrator
REQUESTED BY: Paul Schilling, Growth Management Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Due to the legislative changes made in 2011, local governments no longer need to submit evaluation and appraisal reports (EAR) to the State Land Planning Agency for a sufficiency determination. Instead, local governments must follow these provisions:
• Determine if amendments to the Plan are necessary.
• If necessary, prepare and transmit the proposed amendments to the State Land Planning Agency within one year of such determination.
• EAR based amendments follow the State Coordinated Review Process Procedures and Timeframes.
ISSUES:
As described above, Florida Statutes require each local government to evaluate its comprehensive plan and notify the state land planning agency of its determination to amend or not. If a county determines amendments are not necessary, the notification must include a separate affidavit signed by the chair certifying all elements of the comprehensive plan contain a minimum 10-year planning period and cite the source and date of the population projections used in establishing the 10-year planning period. This change amending Section 163.3191, Florida Statutes was adopted in 2023. Another change adopted in 2023 requires local governments to consider changes in local conditions.
(3) Local governments shall comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section must be reviewed pursuant to s. 163.3184(4). Updates to the required elements and optional elements of the comprehensive plan must be processed in the same plan amendment cycle.
Failure to comply with the EAR process described above will prohibit Martin County from processing additional publicly initiated plan amendments but private amendments may still be processed. This is also a legislative change adopted in 2023.
(4) If a local government fails to submit the letter and affidavit prescribed by subsection (1) or to transmit the update to its plan pursuant to subsection (3) within 1 year after the date the letter was transmitted to the state land planning agency, it may not initiate or adopt any publicly initiated plan amendments to its comprehensive plan until such time as it complies with this section, unless otherwise required by general law. This prohibition on plan amendments does not apply to privately initiated plan amendments. The failure of the local government to timely update its plan may not be the basis for the denial of privately initiated comprehensive plan amendments.
Staff recommends sending the attached notification letter to the Department of Commerce before December 1, 2023. The Treasure Coast Regional Planning Council has begun the public outreach. A kickoff meeting was held to seek public input on August 29, 2023. Interviews with stakeholders are underway. A public opinion survey is currently underway and will be concluded December 31, 2023. Another public meeting is scheduled for January 18, 2024. Following that meeting the draft EAR will be presented to the Board for review and approval.
Based upon the staff review almost every chapter of the Plan will need some changes. However, most chapters appear to need only minor changes. On a future County Commission agenda, staff will request Board approval of a resolution initiating the EAR based amendments. Staff recommends sending the attached notification letter to the Department of Commerce before December 1, 2023.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board authorize the Chairman to sign the attached letter notifying the Florida Department of Commerce of the need to update the Comprehensive Growth Management Plan.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☒ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.