Martin County

File #: 19-0209   
Type: Public Hearing Status: Passed
In control: Board of County Commissioners
On agenda: 1/29/2019 Final action: 1/29/2019
Title: ADOPTION OF AN ORDINANCE AND A RESOLUTION EXTENDING THE TERM OF EACH COMMUNITY REDEVELOPMENT AREA FOR AN ADDITIONAL TEN YEARS
Attachments: 1. Ordinance_CRA Time Extension.pdf, 2. Resolution CRA Plans modification 10 years.pdf

PLACEMENT: Public Hearings

TITLE:

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ADOPTION OF AN ORDINANCE AND A RESOLUTION EXTENDING THE TERM OF EACH COMMUNITY REDEVELOPMENT AREA FOR AN ADDITIONAL TEN YEARS

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EXECUTIVE SUMMARY:

executive summary

The Community Redevelopment Plans (CRP) for each of the six (6) Community Redevelopment Areas (CRA areas) were adopted between 15-18 years ago.  To build the visions as directed in the CRPs, the Community Redevelopment Agency is requesting the Board of County Commissioners to extend the term of each of the CRA areas for an additional ten (10) years.

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DEPARTMENT: Administration                     

PREPARED BY:                      Name: Susan Kores                     

                     Title:                     Manager, Office of Community Development                     

REQUESTED BY: Susan Kores                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Each CRA area was created based on a Finding of Necessity adopted by the Board of County Commissioners identifying slum and blighted conditions, as defined in Section 163.335, Florida Statutes.  A CRP was adopted Countywide and for each CRA area in accordance with Sections 163.360 and 163.362, Florida Statutes, providing for a term of thirty (30) years from the date of adoption of the CRP for completing redevelopment financed by increment revenues. 

 

Slum and blighted conditions, as defined in Section 163.335, Florida Statutes, and as addressed in each CRP, still exist in all of the six (6) CRA areas.  However, new codes, enhanced roadways (i.e., Mapp and Bridge), infrastructure enhancements, property acquisition, comprehensive plan amendments and an opportunity zone designation are all happening now.  When these projects, and others, are complete, additional collaborative opportunities with the private sector will be available, thus increasing the Agency’s positive redevelopment outcomes.  Thorough, thoughtful and considerate redevelopment does not happen quickly, which is why, at this critical juncture in the time of these CRA areas, it is so important to adopt the ten-year extension. 

 

Each Neighborhood Advisory Committee and the Community Redevelopment Agency has unanimously voted to recommend this extension.

 

Attached is an amendment to Section 39.4, General Ordinances, Martin County Code, that adds language consistent with Sections 163.361, 163.362, and 163.387, Florida Statutes, allowing the term of each CRP to be extended. 

 

Attached is a Resolution adopting a modification to the CRP for each of the six (6) CRA areas and the Countywide to extend the term of each CRA area ten (10) years, for a total of forty (40) years each.

 

CRP adoption dates:

Golden Gate - September 24, 2002

Hobe Sound - December 19, 2000

Jensen Beach - November 12, 2002

Old Palm City - April 22, 2003

Port Salerno - June 13, 2000

Rio - April 24, 2001

Countywide - March 20, 2001

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

The adoption of the Ordinance 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 arbitrary and capricious or illegal are subject to serious legal challenge.

 

The adoption of the Resolution is a matter of Board policy and to the extent this item contains legal issues; it has been reviewed for legal sufficiency.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

1.                     Move that the Board adopt the Ordinance amending Section 39.4, General Ordinances, Martin County Code to allow each CRA area an additional ten (10) years of operation.

2.                     Move that the Board adopt the Resolution approving modification to the Port Salerno, Hobe Sound, Rio, Golden Gate, Jensen Beach, Old Palm City, and Countywide Community Redevelopment Plans to extend, by ten (10) years, the current sunset date of each plan.

 

ALTERNATIVE RECOMMENDATIONS

Move that the Board provide direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

Tax Increment Financing within the six (6) CRA areas will continue for ten (10) additional years.

                     

Funding Source

County Funds

Non-County Funds

 

 

 

 

 

 

 

 

 

Subtotal

 

 

Project Total

 


ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other: