PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN AMENDMENT CPA 22-09, CHAPTER 18 COMMUNITY REDEVELOPMENT ELEMENT, CHAPTER 4 AND CHAPTER 2 TEXT
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EXECUTIVE SUMMARY:
executive summary
The Board initiated changes to Chapter 18, Community Redevelopment Element, to improve clarity and internal consistency regarding density language, open space and preserve area requirements. In addition, there are amendments to Chapter 4, Future Land Use Element and Chapter 2, Overall Goals and Definitions for consistency.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden, AICP, CNU-A
Title: Deputy Growth Management Director
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Martin County adopted Chapter 18 via Ordinance 1110 on September 10, 2019 and it was amended on May 11, 2012 by Ordinance 1158. The relatively new chapter in the Comprehensive Growth Management Plan was the result of extensive work effort by staff from the Treasure Coast Regional Planning Council, Office of Community Development and Growth Management Department. It created new future land use designations instead of Zoning Overlays and made policies that are applicable to each of the six Community Redevelopment Areas. Article 12 was created in the Land Development Regulations to provide specific implementing regulations for the policies in Chapter 18, CGMP.
Through the implementation of the code in the development review process, staff has identified several areas of policy that necessitate revisions.
The first hearing for this amendment was conducted before the Local Planning Agency on September 21, 2023. The LPA voted to recommend approval of the ordinance. The second public hearing was conducted before the Board of County Commissioners on September 26, 2023 and the Board voted to transmit the Plan Amendment to the State Planning Agency and other state and local reviewing agencies. All reviewing agencies recommended no changes to the plan amendment.
The adoption public hearing is the third required public hearing. The Board approved the ordinance at an adoption public hearing on December 12, 2023. Due to technical deficiencies with the submission of the approved ordinance to the State Land Planning Agency after the adoption public hearing, a new public hearing for adoption is required.
The following supporting documents are attached:
Staff Report
Draft Ordinance
Exhibit A Chapter 18
Exhibit B Chapter 2
Exhibit C Chapter 4
Legal Ad
ISSUES:
Due to technical issues the Board is asked to re-hear the proposed CPA 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 health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance amending Chapter 18, Community Redevelopment Element, Chapter 2 and Chapter 4 of the Comprehensive Plan.
ALTERNATIVE RECOMMENDATIONS
Provide staff with additional direction.
FISCAL IMPACT:
RECOMMENDATION
Staff time
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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