Legislation Details

File #: 24-1273   
Type: Public Hearing Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/24/2024 Final action:
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING DIVISIONS 1, 2, 3, AND 7 OF ARTICLE 3, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING CATEGORY "C" ZONING DISTRICTS
Attachments: 1. 2024_0805_Staff Report.pdf, 2. 2024_0829_Ordinance_Draft.pdf, 3. Part_I_Division_7._Category_C_Zoning_District_Standards.pdf, 4. Part II_Sec._3.3._Glossary_of_terms.pdf, 5. Part_III Sec._3.10._District_purposes.pdf, 6. Part IV_Sec._3.11._Permitted_uses.pdf, 7. Part_V_Sec._3.12._Development_standards.pdf, 8. Part_VI_Division_3._Standards_for_Specific_Uses.pdf, 9. 2024_0906_LDR 24-03_LAD TS.pdf, 10. Staff Presentation

PLACEMENT: Public Hearings

TITLE:

title  

PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING DIVISIONS 1, 2, 3, AND 7 OF ARTICLE 3, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING CATEGORY “C” ZONING DISTRICTS

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EXECUTIVE SUMMARY:

executive summary

This is a public hearing to consider adoption of an ordinance that amends Article 3, Zoning Districts to incorporate Division 7, Category “C” Zoning Districts into the Glossary of Terms, District Purposes, and Development Standards in Article 3 to provide clarity, conformity, and consistency regarding zoning districts.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Peter Walden, AICP, CNU-A                     

                     Title:                     Deputy Growth Management Director                     

REQUESTED BY: Paul Schilling, Growth Management Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Article 3 provides for the implementation of the Comprehensive Growth Management Plan (CGMP) land use designations through the Zoning Atlas. The Article designates all unincorporated Martin County into zoning districts that implement the development standards, permitted uses and density that are consistent with the future land use designations and the intent of the CGMP.

In 1967, the first zoning code, Chapter 33, was adopted. There was no land use map or Comprehensive plan, just a zoning map and code that established permitted uses, density, and setbacks. The code identified several main categories of use: residential, commercial, agricultural, and industrial. All the 39 different zoning districts fell into one of these categories. Many of the 1967 zoning districts established through Chapter 33 are still in use today.

There have been several iterations of zoning code adopted in Martin County since 1967. However, the original zoning districts and standards were never changed. Today, the code and the zoning districts that survive as Category “C” Districts comprise Division 7 of Article 3.

The goal of this ordinance is to incorporate Division 7 into the existing divisions of code that make up Article 3 zoning code adopted in 2002. This requires the amending of Division 1, Section 3.3, Glossary of Terms,  Division 2, Section 3.10, District Purposes and Section 3.11, Permitted Uses and Section 3.12 Development Standards, and Division 3, Standards for Specific Uses.

This matter was heard before the Local Planning Agency on September 19, 2024. The LPA recommendation will be forwarded to the Board.

The following supporting documents are attached:

Staff Report

Draft Ordinance

Draft Divisions of Code

Legal Ad

Staff Presentation

 

ISSUES:

 

An analysis of the proposed changes is outlined in the attached staff report.

 

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 Article 3, Zoning Districts, Land Development Regulations, Martin County Code.

 

ALTERNATIVE RECOMMENDATIONS

Direct staff accordingly.

 

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>.