PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO ARTICLE 3, TABLE 3.12.1, LDR
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EXECUTIVE SUMMARY:
executive summary
The Gunster Law Firm has proposed an amendment to the Land Development Regulations to amend Table 3.12.1, Development Standards, of Article 3. The amendment is regarding the development standards of the LI zoning district and would allow Commercial and Business uses permitted by the LI zoning district to have an increased height.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Maria Jose, M.S.
Title: Planner
REQUESTED BY: Robert S. Raynes, Jr.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This is a public hearing to consider adoption of an ordinance amending Article 3, Land Development Regulation (LDR), Martin County regarding development standards of the LI zoning district.
The Gunster Law Firm has proposed a text amendment to the Martin County LDR, amending Table 3.12.1, and adding a footnote that would allow the Commercial and Business Uses permitted by the LI zoning district to be developed at an increased height of 40 feet instead of 30 feet.
This matter was considered by the LPA on March 5, 2020. The LPA voted unanimously to recommend approval of staff’s recommendation.
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 ordinance as presented.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
Application fees.
ALTERNATIVE RECOMMENDATIONS
As above
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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