PLACEMENT: Public Hearings
TITLE:
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LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE AMENDING ARTICLE 3 REGARDING GOLF COURSE COTTAGES
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance regarding Golf Course Cottages as an accessory use to golf courses.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden
Title: Principal Planner
REQUESTED BY: Grove XXIII Golf Course, LLC., Lucido and Associates, Morris A. Crady, AICP
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This is a public hearing to consider adoption of an ordinance amending Article 3, land development regulation, Martin County Code regarding Golf Course Cottages to: provide for golf course cottages as an accessory use to golf courses to be operated, owned and controlled solely by the golf course for exclusive use for its members and guests.
The application is for a text amendment to the Martin County LDR, adding language regarding golf cottages to the standards for Specific uses in Article 3. Golf cottages will be added to section 3.73.B as an accessory use. Sections 3.73.E, and 3.73.F add specific language to ensure that golf course cottages remain controlled and operated by the Golf course owners for the specific use of members and their guests. Golf course cottages may not be sold or conveyed to individual owners.
This matter was heard before the LPA on August 15, 2019. The LPA voted unanimously to recommend approval of the ordinance.
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 of 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 actions must be upheld if reasonable minds could differ as to the propriety 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 Ordinance as presented.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115.00 review fee.
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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>.