PLACEMENT: Public Hearings
TITLE:
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LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 18-11, LEIGHTON FARM AVENUE FLUM
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EXECUTIVE SUMMARY:
executive summary
This application to amend the Future Land Use Map (FLUM) regarding 0.79 acres located between the right-of-way for the current alignment of SW Leighton Farm Avenue and the right-of-way for the new alignment of SW Leighton Farm Avenue was initiated by the Board. The Board approved transmittal to the state land planning agency of the amendment changing the future land use designation from Agricultural Ranchette to General Commercial. Staff recommends approval.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Irene A. Szedlmayer, AICP
Title: Senior Planner
REQUESTED BY: Board of County Commissioners
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 October 4, 2018. The second public hearing was conducted before the Board of County Commissioners on October 23, 2018 at which time the County Commission approved transmittal of the 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 If Martin County fails to hold an adoption public hearing, the amendment is deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.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 the amendment is adopted, Martin County has ten working days to send the amendment adoption package to the State Land Planning Agency. The State Land Planning Agency has five working days to determine whether the amendment adoption package is complete.
If not timely-challenged, the effective date of a plan amendment adopted under the state expedited review process is 31 days after the state land planning agency notifies the County that the plan amendment package is complete. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. If approval of a Plan amendment is challenged, the process for the administrative review will be as provided in Section 163.3184(5), FS.
ISSUES:
None of the state or regional reviewing agencies submitted any comments on the proposed amendment. At the conclusion of the presentation, the Board will be asked to either approve, approve with changes, deny or continue the proposed amendment to a future date.
A sample motion for approval would be: “I move approval of CPA 18-11, Leighton Farm Avenue, a Future Land Use Map amendment.
A sample motion for denial would be: “I move denial of CPA 18-11, Leighton Farm Avenue, a Future Land Use Map amendment.”
LEGAL SUFFICIENCY REVIEW:
Decisions approving or rejecting proposed Plan amendments constitute legislative actions of the BCC. Legislative decisions are those in which the local government formulates policy. They are different from rezoning and site plan decisions which are quasi-judicial actions involving the application of specific rules of policy to specific situations. 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. If approval of a Plan amendment is challenged, 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). Challenges to a denial of a Plan amendment, have an even higher burden. Since the Comprehensive Plan is already in place, the County does not have to meet the statutory, procedural or substantive requirements in order to deny an amendment. Thus, challengers ordinarily seek a remedy based on constitutional claims or some other basis.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve adoption of CPA 18-11, Leighton Farm Avenue, changing the future land use designation from Agricultural Ranchette to General Commercial on the subject 0.79 acres.
ALTERNATIVE RECOMMENDATIONS
1. Move that staff provide additional information and continue the item to a future date.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
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ALTERNATIVE RECOMMENDATIONS
Staff time.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: