PLACEMENT: Public Hearings
TITLE:
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LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 23-09, MARTIN COMMERCE PARK, LLC, A SITE-SPECIFIC TEXT AMENDMENT
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EXECUTIVE SUMMARY:
executive summary
This is a request by Martin Commerce Park LLC for a site-specific text amendment to Chapter 4, Future Land Use Element, Chapter 10, Sanitary Sewer Services and Chapter 11, Potable Water Services Element/10 Year Water Supply Facilities Work Plan of the Martin County Comprehensive Growth Management Plan. CPA 23-09 Martin Commerce Park, LLC (formerly known as Martingale Estates).
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DEPARTMENT: Growth Management
PREPARED BY: Name: Samantha Lovelady, AICP
Title: Principal Planner
REQUESTED BY: Morris Crady, AICP, Lucido and Associates
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In accordance with Sections 163.3174(4)(a) and 163.3184(3)(c)1 and (11), Florida Statutes (FS), 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 determines 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, 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 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), 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 If Martin County fails to hold an adoption public hearing, the amendment is deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.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 Plan 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 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 September 19, 2024. 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.
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 approve transmittal of CPA 23-09 to the State Land Planning Agency and other state and regional reviewing agencies.
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:
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>.