PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN TEXT AMENDMENT (CPA) 20-05, HODAPP PROPERTY TEXT
end
EXECUTIVE SUMMARY:
executive summary
This is a Board-initiated amendment to the text of Chapter 6, Housing Element. The amendment is proposed to Policy 6.1D.8, Comprehensive Growth Management Plan (CGMP) regarding lands designated as Mobile Home future land use. The proposal is concurrent to the Board-initiated amendment CPA 20-01 Hodapp Property.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Maria Jose, M.S.
Title: Planner
REQUESTED BY: Martin County Board of County Commissioners.
PRESET:
PROCEDURES: Plan Amendment
BACKGROUND/RELATED STRATEGIC GOAL:
Section 1.11.D(3) of the Comprehensive Plan Growth Management Plan (Comp Plan) authorizes small-scale development amendments in accordance with Section 163.3187, Florida Statutes (FS). Small-scale development amendments require two public hearings. The first public hearing was scheduled before the Local Planning Agency on August 20, 2020. The second public hearing is the adoption hearing before the Board of County Commissioners. Small-scale development amendments are not transmitted to the state land planning agency or other local and regional reviewing agencies.
The proposed text amendment is being processed concurrently with a small-scale future land use map amendment. Please see the following excerpt from the Florida statutes:
163.3187Process for adoption of small-scale comprehensive plan amendment.
(1)A small scale development amendment may be adopted under the following conditions:
(a)The proposed amendment involves a use of 10 acres or fewer and:
(b)The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section.
If not timely challenged, the effective date of a small-scale Comp Plan amendment is 31 days after adoption by the Board of County Commissioners. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small-scale development amendment is in compliance. If approval of a small-scale plan amendment is challenged, the process for the administrative review will be as provided in Section 163.3187(5), FS.
ISSUES:
Please see the attached staff report for analysis of the proposed amendment.
LEGAL SUFFICIENCY REVIEW:
Decisions approving or rejecting proposed amendments constitute legislative actions because they involve the policy making function of the BCC. They are different from rezoning and site plan decisions which are quasi-judicial actions involving the application of general rules of policy to specific situations. If approval of a Comprehensive Plan amendment is challenged by an affected person, 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). The fairly debatable standard is applicable to the review and requires judicial approval of a BCC approval if reasonable persons could differ as to the propriety of the decision. For example, if a petitioner were to claim that an amendment adopted a provision that was not consistent with an existing provision of the Comprehensive Plan, the court would strike down the amendment only if the court found no reasonable person would think that the two provisions are consistent.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the ordinance adopting CPA 20-05, amending the text of Chapter 6, Housing Element.
ALTERNATIVE RECOMMENDATIONS
Move that staff provide additional information and continue the item to a future date.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
ALTERNATIVE RECOMMENDATIONS
Staff Time.
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>.