Legislation Details

File #: 24-0583   
Type: Requests and Presentations Status: Passed
In control: Board of County Commissioners
On agenda: 3/5/2024 Final action: 3/5/2024
Title: PRESENTATION OF THE DRAFT EVALUATION AND APPRAISAL REPORT ON THE COMPREHENSIVE GROWTH MANAGEMENT PLAN
Attachments: 1. EAR_Notification.pdf, 2. MC EAR Public Input Summary_2024-01-30.pdf, 3. 2024-02-05 Matrix EAR.pdf, 4. Initiate_EAR_resolution.pdf, 5. 2024_0204_EAR_LAD_LPA_BCC_PublicMeeting_Tearsheet.pdf, 6. Public Comment.pdf, 7. Martin EAR Presentation to BOCC 3-5-2024.pdf

PLACEMENT: Requests and Presentations

TITLE:

title  

PRESENTATION OF THE DRAFT EVALUATION AND APPRAISAL REPORT ON THE COMPREHENSIVE GROWTH MANAGEMENT PLAN

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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 Statutes.  The draft Evaluation and Appraisal Report will be presented for Board review.

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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:  10:30 AM   

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Due to legislative changes made in 2011, local governments no longer need to submit evaluation and appraisal reports (EAR) to the State Land Planning Agency for 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.

A letter dated November 21, 2023 was sent to the Department of Commerce, notifying the State Land Planning Agency that amendments are necessary.

 

ISSUES:

 

The Treasure Coast Regional Planning Council (TCRPC) was engaged to reach out to the public about the EAR process, discuss changes in state statutes and seek public comment on local issues.

•                     The TCRPC staff has conducted over 30 stakeholder interviews and an online survey that generated 644 responses. The online survey was available to the public between September 1, 2023 and December 31, 2023.

•                     TCRPC staff also hosted two public workshops that were well attended on August 29, 2023 and January 18, 2024. The public workshops were recorded by MCTV and are available on YouTube.

•                     The attached report generated by TCRPC summarizes public input and was presented to the Local Planning Agency on February 15, 2024.

•                     Staff seeks additional input from the Board and direction on any changes to the attached report generated by TCRPC.

•                     The TCRPC report, identifying local issues documents the necessary requirements of Florida Statutes have been met. Chapter 163.3191, Florida Statutes contain the following requirements.

 

“(2) If the local government determines amendments to its comprehensive plan are necessary to reflect changes in state requirements, the local government must prepare and transmit within 1 year such plan amendment or amendments for review pursuant to s. 163.3184.

(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.”

 

Staff seeks Board direction on changes to the attached TCRPC report. Staff has reviewed changes to state statutes to identify text changes to individual chapters necessary to maintain compliance with state statutes. The TCRPC report, identifying local issues, and the matrix, identifying changes to state statutes, represents a draft 2023/2024 EAR for Board review and approval.

 

Going forward with the amendment process, each chapter of the Plan identified for amendment will be an individual amendment. Each amendment will have a minimum of three Public Hearings conducted by the Local Planning Agency, the Board of County Commissioners (transmittal) and the Board of County Commissioners (adoption).

 

Staff seeks approval of the attached resolution initiating amendments to all chapters of the Plan as necessary to comply with State Statutes, address local issues and maintain internal consistency of the Plan.

 

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 approve the EAR and adopt the Resolution initiating amendments to the Comprehensive Growth Management Plan.

 

ALTERNATIVE RECOMMENDATIONS

Direct staff on additional local issues and changes to the EAR. Adopt the attached resolution initiating amendments to the Comprehensive Growth Management Plan.

 

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>.