Martin County

File #: 24-0188   
Type: Public Hearing Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 4/30/2024 Final action:
Title: LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT (CPA) 22-06, CALUSA CREEK RANCH TEXT
Attachments: 1. 1_Staff Report.pdf, 2. 2_Application Materials CPA 22-06 Calusa Creek Ranch.pdf, 3. 4_Draft_Ord_Text Amendment.pdf, 4. 3_Agency Comments.pdf, 5. 5_Preliminary Analysis Chapter 2023-169 Law of Florida.pdf, 6. 6_Utility's Review.pdf, 7. 2024_0412_CPA 22-06_Adopt_Tearsheet.pdf, 8. Ag_Lands_Ownership_03_2024.pdf, 9. SUPP MEMO, 10. PublicComment20240423.pdf

PLACEMENT: Public Hearings

TITLE:

title  

LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT (CPA) 22-06, CALUSA CREEK RANCH TEXT

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EXECUTIVE SUMMARY:

executive summary

This is a legislative public hearing to consider a request for an amendment to the text of Chapter 4, Future Land Use Element of the Martin County Comprehensive Growth Management plan which, if approved, would amend Policy 4.13A.18. Rural Lifestyle.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Daphne Schaub                     

                     Title:                     Senior Planner                     

REQUESTED BY: St. Lucie Partners, 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 heard 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 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 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 text amendment, CPA 22-06, are attached to this agenda item.  The following agencies provided correspondence:

 

                     Treasure Coast Regional Planning Council

                     Florida Fish and Wildlife Conservation Commission

                     Florida Department of Environmental Protection

 

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 amending the text of Policy 4.13A.18. Rural Lifestyle, Chapter 4, Future Land Use Element of the Martin County Comprehensive Growth Management Plan.

 

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>.