PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING article 12, land development regulations, to revise THE STANDARDS, CRITERIA AND PROCESS OF ALTERNATIVE COMPLIANCE IN THE COMMUNITY REDEVELOPMENT AREAS
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EXECUTIVE SUMMARY:
executive summary
The proposed ordinance amends Section 12.1.12, Division 1, Article 12, Land Development Regulations, Martin County Code to revise the standards, criteria, and process to obtain alternative compliance in Community Redevelopment Areas (CRA).
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DEPARTMENT: Administration
PREPARED BY: Name: Susan Kores
Title: Director, Office of Community Development
REQUESTED BY: Elysse Elder, Deputy County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Alternative Compliance is a request to deviate from the requirements of Article 12, Community Redevelopment Code, Land Developments Regulations, Martin County Code. Currently, to obtain alternative compliance, an applicant applies to the Growth Management Department. The application is analyzed and may be approved by the Growth Management Director upon a finding that the alternative plan fulfills the purpose of Article 12 better than strict adherence to the requirements of Article 12 and/or would help carry out the specific goals or objectives outlined in a particular CRA Community Redevelopment Plan. The revisions change the criteria and the method of approval for requests for alternative compliance. The revisions are in the best interests of the public because they revise the criteria for consistency with Florida law and provide notice and an opportunity to be heard for the neighbors surrounding the property subject to the request.
The ordinance would not require any additional compliance costs for businesses or residents. Currently, the application fee for alternative compliance is $240 and that fee is not being changed by the ordinance.
On Monday, March 24, 2025, the CRA Board recommended approval of this procedure and ordinance. It will be presented to the LPA on Thursday, April 17, 2025.
ISSUES:
None
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 adopt the proposed ordinance amending the Alternative Compliance procedures in the CRA.
ALTERNATIVE RECOMMENDATIONS
Provide feedback and direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
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>.