PLACEMENT: Public Hearings
TITLE:
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SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, LDR TO INCLUDE STANDARDS FOR SPORTING CLAY COURSES
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EXECUTIVE SUMMARY:
executive summary
This is a request to amend the Land Development Regulations, Article 3, Zoning Districts to provide regulations for sporting clay courses.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden
Title: Principal Planner
REQUESTED BY: Robert S. Raynes
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This is a request to amend the Land Development Regulations, Article 3, Zoning Districts, Division 3, Standards for Specific Uses by creating Section 3.99.2, Sporting clay courses. The request also amends Article 3, Division 1, Section 3.3 Definitions and Article 3, Division 2, Table 3.11. Permitted Uses. This is the second public hearing before the Board of County Commissioners on this item. Section 125.66(4)(b), F.S., requires two public hearings when a proposed ordinance changes the list of permitted, conditional, or prohibited uses within a zoning category.
The request is related to a revised final site plan application of an existing outdoor shooting range. The existing site plan consists of a shotgun shooting range, clubhouse and associated facilities on 41.4 acres of a 645 acre parcel in western Martin County. The property also has agricultural uses that occupy over 280 acres of the property. The owner plans to establish a sporting clay course on natural areas throughout the acreage and is seeking permitting for additional buildings and site plan expansion.
The amended text is proposed to clarify the parameters of a sporting clay course and provide regulations for the safe and environmentally sound operation of a sporting clay course in Martin County.
Sporting clays is a form of clay pigeon shooting, typically laid out on a course that provides multiple shooting stations. Sporting clays provide different presentations of targets, with varying trajectories, angles, speed and target size. A typical course consists of ten to fifteen stations, with each station presenting targets from trap machines. Safety is the main consideration in course design and operation. Several organizations and publications have provided technical data evaluating shot distance and safety precautions. There are environmental concerns as well as most shot and bullets are mostly comprised of lead, a known environmental pollutant.
State statutes provide for local government oversite and regulation of shooting ranges as specified in Section 823.16 (7), Fla. Stat.(2017): ”Except as otherwise provided in this act, this act shall not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this act.” The LDR amendments are intended to provide the necessary guidelines to ensure the proper development of sporting clay courses consistent with state law.
This matter was heard before the LPA on April 19, 2018. The LPA voted 3-1, recommending the Board approve the amendment to the LDRs as amended to remove the PS-2 Zoning District from the permitted uses for shooting clay courses. Staff has removed the PS-2 zoning district from the permitted use table as recommended.
The following supporting materials are provided attached to this agenda item:
Staff Report
Draft Ordinance Amending Article 3
Copy of Palm Beach Sports Complex
State Statute 790.333
State Statute 823.16
LPA Minutes
Legal ad
Staff presentation-
Peter Walden, Principal Planner
Other staff members, as deemed necessary
Applicant presentation-
Toby Oberdorf, EDC and Robert Raynes, Gunster
ISSUES:
In response to questions from the Board, staff met with the applicant and has revised the ordinance reviewed at the first public hearing. Those revisions are shown in yellow highlighting in the attached draft ordinance.
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 the attached ordinance amending Article 3, Zoning Districts regarding sporting clay courses.
ALTERNATIVE RECOMMENDATIONS
Move that the Board of County Commissioners direct staff to make changes to the proposed ordinance and continue the public hearing to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115.00 review fee.
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ALTERNATIVE RECOMMENDATIONS
Same as above
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: