PLACEMENT: Public Hearings
TITLE:
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LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT (CPA) 23-12, THE RANCH PUD FLUM
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EXECUTIVE SUMMARY:
executive summary
This is a request for an amendment to the Future Land Use Map (FLUM) on 3,902.64-acres. If approved, the request will change the future land use designation from Agricultural (up to one unit per 20 acres) to Rural Lifestyle (up to one unit per 20 acres). The property is addressed at 4505 SW Kanner Highway and is located on both sides of SW Kanner Highway, and the south side of SW Bridge Road at the intersection SW Kanner Highway and SW Bridge Road.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Daphne Schaub
Title: Senior Planner
REQUESTED BY: JWA Ranch, LLC
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 (FS), all Plan amendments require three public hearings. The first public hearing for this Plan amendment was conducted before the Local Planning Agency on November 16, 2023. The second public hearing was conducted on December 5, 2023, at which time the Board of County Commissioners (BCC) decided to 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 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 If Martin County fails to hold an adoption hearing, the amendment is deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.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 approved, 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 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.
ISSUES:
Please see the attached staff report for analysis of the proposed amendment. Agency comments received following the BCC transmittal hearing on December 5, 2023, are attached to CPA 22-06 and 23-12 respectively. Agency comments that focus on the FLUM amendment, CPA 23-12, are attached to this agenda item. The following agencies provided correspondence:
• Florida Commerce
• Florida Department of Environmental Protection
• Florida Fish and Wildlife Conservation
• Treasure Coast Regional Planning Council
• Florida Department of Transportation
• South Florida Water Management District
The South Florida Water Management District made comments about the proposed amendment. The applicant has provided an extensive response to address those comments.
LEGAL SUFFICIENCY REVIEW:
Decisions approving or rejecting proposed Plan amendments constitute legislative actions because they involve the policymaking 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 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 provisions are consistent. If approval of a Comprehensive Plan amendment is challenged, the process for administrative review will be as provided in Section 163.3184(5), FS.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopts the ordinance approving CPA 23-12 which assigns the Rural Lifestyle future land use designation.
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:
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