PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER CHANGES TO ARTICLE 10, DEVELOPMENT REVIEW PROCEDURES, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING THE THRESHOLD FOR REVIEW OF SOLAR ENERGY FACILITIES
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EXECUTIVE SUMMARY:
executive summary
This is a request from Florida Power and Light (FPL) for a public hearing to consider adoption of an ordinance that amends Article 10, Development Review Procedures, Land Development Regulations, Martin County Code regarding the development threshold of Solar Energy Facilities.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden, AICP, CNU-A
Title: Deputy Growth Management Director
REQUESTED BY: Lucido and Associates, Morris A. Crady, AICP
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Article 10 outlines the development procedures for development in unincorporated Martin County as defined in Section 10.1 - General, of the Land Development Regulations (LDR). All procedures outlined in Article 10 must be consistent with the Comprehensive Growth Management Plan (CGMP).
In 2018, Ordinance #1067 was adopted which established development criteria for solar generating facilities or solar farms. Since the adoption of the ordinance, four solar farms have been approved by the Board of County Commissioners (BOCC) totaling over 2,000 acres of facilities. Solar farms have proven to be a low impact alternative for agricultural lands that may be fallow or unproductive. Solar farms do not create any noise, smoke or environmental hazards and are considered open space by the Comprehensive Growth Management Plan (CGMP).
Currently, the application for a solar farm is determined to be a major development. The proposed ordinance would reduce the threshold of site plan approval to a minor development when all development criteria in Section 3.100.1, LDR have been met, which would be administratively approved by the Growth Management Director.
This matter was properly noticed and heard before the Local Planning Agency (LPA) on May 16, 2024. The LPA’s recommendation will be forwarded to the Board.
The following supporting documents are attached:
Staff Report
Request from FPL
Draft Ordinance
Legal Ad
Staff Presentation
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 Article 10, Development Review Procedures, Land Development Regulations, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115.00 Application Fee.
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>.