PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT (CPA) 22-02 95 RIVERSIDE PUD/PULTE I-95
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EXECUTIVE SUMMARY:
executive summary
This request is for a small-scale amendment to the Future Land Use Map (FLUM) on 12.402 acres. The request will change the future land use designation from General Commercial to Commercial Office/Residential (allowing 10 units per acre). The proposed change is located on the northwest side of SW Kanner Highway/SR76, northeast of SW Lost River Road and the I-95 interchange. Access to the site is from SW Lost River Road.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Daphne Schaub
Title: Senior Planner
REQUESTED BY: Todd Troxell, HJA Design Studio, LLC.
PRESET:
PROCEDURES: Plan Amendment
BACKGROUND/RELATED STRATEGIC GOAL:
Section 1.11.D(3) of the Comprehensive Growth Management Plan (Comp Plan) authorizes small-scale development amendments in accordance with Section 163.3187, Florida Statutes (FS). Small-scale development amendments require two public hearings. The first public hearing was held before the Local Planning Agency (LPA) on June 16, 2022. The second public hearing is the adoption hearing before the Board of County Commissioners (BCC). Small-scale development amendments are not transmitted to the state land planning agency or other local and regional reviewing agencies.
A proposed amendment of the Comp Plan is eligible to be processed as a small-scale development if:
(a) Fifty or fewer acres are involved;
(b) The proposed amendment does not involve a change to the text of the Goals, Objectives or Policies of the Comp Plan; and
(c) The land that is the subject of the proposed amendment is not located within an area of critical concern; unless the proposed amendment involves the construction of affordable housing and meets other statutory criteria.
If not timely challenged the effective date of a small-scale Comp Plan amendment is 31 days after adoption by the Board of County Commissioners. If timely challenged an amendment does not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small-scale development amendment is in compliance. If approval of a small-scale plan amendment is challenged, the process for the administrative review will be as provided in Section163.3187(5), FS.
The LPA considered this request at a June 16, 2022 advertised public hearing and voted 2-1 to recommend approval.
ISSUES:
Please see the attached staff report for analysis of the proposed amendment.
LEGAL SUFFICIENCY REVIEW:
Decisions approving or rejecting proposed amendments constitute legislative actions because they involve the policy making function of the BCC. They are different from rezoning and site plan decisions which are quasi-judicial actions involving the application of general rules of policy to specific situations. If approval of a Comprehensive Plan amendment is challenged by an affected person, the approval will be sustained if it complies with Florida Statutes regarding (1) procedural requirements (e.g. proper notice, public hearing), and (2) substantive requirements (e.g. adequate data and analysis, internal consistency). The fairly debatable standard is applicable to the review and requires judicial approval of a BCC approval if reasonable persons could differ as to the propriety of the decision. For example, if a petitioner were to claim that an amendment adopted a provision that was not consistent with an existing provision of the Comprehensive Plan, the court would strike down the amendment only if the court found no reasonable person would think that the two provisions are consistent.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Ordinance adopting CPA 22-02, 95 Riverside PUD/Pulte I-95, which assigns the Commercial Office/Residential future land use designation to the property.
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>.