PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT (CPA) 21-12, WATERSIDE FLUM, A FUTURE LAND USE MAP AMENDMENT
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EXECUTIVE SUMMARY:
executive summary
This is a request by Kanner/96th St, Investments, LLC and South Florida Gateway Industrial, LLC for an amendment to the Future Land Use Map, to consider transmittal of a change from Agricultural to Low Density Residential on certain parcels of land consisting of approximately 396 acres. The subject property is located west of both Interstate 95 and SW Kanner Highway and south of SW 96th Street in unincorporated Martin County.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe
Title: Senior Planner
REQUESTED BY: Morris Crady, AICP, Lucido and Associates
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 (F.S.), all Comprehensive Plan amendments require three public hearings. The first public hearing for this Plan amendment was conducted before the Local Planning Agency. This is the second public hearing; at which time the Board of County Commissioners will determine whether to transmit or not transmit the Plan amendment to the State Land Planning Agency and other state and regional reviewing agencies.
Upon transmittal, Section 163.3184, F.S., 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 receipt of the amendments. If comments are received regarding impact to state resources and facilities, they must be addressed prior to adoption of the Plan 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), F.S., 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 If Martin County fails to hold an adoption public hearing, the amendment is deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.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 Plan amendment is adopted, Martin County has 30 working days to send the amendment adoption package to the State Land Planning Agency. The State Land Planning Agency has five (5) working days to determine whether the amendment adoption package is complete.
If an affected party challenges the adoption of a plan 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 Plan amendment, the petition must be filed within 30 days of the completeness determination by the State Land Planning Agency.
The Local Planning Agency will review this amendment on November 6, 2025. Staff will update the Board on the recommendation from the Local Planning Agency.
ISSUES:
Please see the attached staff report for analysis of the proposed amendment and justification for staff’s recommendation of denial.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board deny transmittal of CPA 21-12, Waterside FLUM, to the State Land Planning Agency and all other state and regional reviewing agencies.
ALTERNATIVE RECOMMENDATIONS
Move that staff provide more 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:
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>.