Martin County

File #: 20-1121   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 10/27/2020 Final action: 10/27/2020
Title: SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE CREATING DIVISION 7, GOLDEN GATE COMMUNITY REDEVELOPMENT CODE, IN ARTICLE 12, LDR, AND AMENDING THE ZONING ATLAS
Attachments: 1. StaffReport.GG.pdf, 2. ordinance.pdf, 3. Ex. A. to Ordinance. Art. 12. Div. 7. Golden Gate Code.pdf, 4. Art. 12. Div. 1. General.ADOPTED.pdf, 5. PublicComment.pdf, 6. Public Notice.pdf, 7. Supplemental Memo.pdf

PLACEMENT: Public Hearings - Quasi-Judicial

TITLE:

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SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE CREATING DIVISION 7, GOLDEN GATE COMMUNITY REDEVELOPMENT CODE, IN ARTICLE 12, LDR, AND AMENDING THE ZONING ATLAS

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EXECUTIVE SUMMARY:

executive summary

This is the second public hearing before the Board of County Commissioners on a proposed ordinance to amend the Land Development Regulations (LDRs) to create Article 12, Division 7, Golden Gate Community Redevelopment Code and repeal Section 3.267, Golden Gate Community Redevelopment Area, LDR.  The proposed ordinance also amends the Zoning Atlas to assign the Golden Gate Redevelopment Zoning District and other zoning districts for consistency with the Future Land Use Map.  Adopting the ordinance will implement Chapter 18, Community Redevelopment Element of the Comprehensive Growth Management Plan, the Golden Gate Redevelopment Plan, and CPA 19-27, Golden Gate Future Land Use Map.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Irene A. Szedlmayer, AICP                      

                     Title:                     Principal Planner                     

REQUESTED BY: Board of County Commissioners                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Between November 2017 and August 2018, the period when the Board of County Commissioners considered and adopted “glitch bill” amendments to the zoning regulations for the CRAs, the Board recognized that more substantive changes were needed to facilitate infill development and redevelopment of socially and economically vibrant, environmentally-sustainable, compact, walkable neighborhoods in the Community Redevelopment Areas (CRAs).

In December 2017, the Board directed CPA 18-10, CRA Text Amendments, to strengthen Comprehensive Growth Management Plan goals, objectives and policies that encourage in-fill development and redevelopment in the CRAs, and in June 2018, the Board of County Commissioners approved a contract with the Treasure Coast Regional Planning Council to develop new Land Development Regulations for the CRAs.  

The goal of the overall work program-amendment of the text of the Comprehensive Plan, amendment of the Land Development Regulations, amendment of the Future Land Use Map, and amendment of the Zoning Atlas--is to facilitate achievement of CGMP goals, policies and objectives, in particular Goals 18.1 (“To alleviate the negative impacts of inadequate public facilities and services and substandard structures for affected areas in the County.”) and 18.2 (“To facilitate the revitalization, restoration and strengthening of the CRA town centers and neighborhoods by establishing future land use designations that allow and encourage a compact, walkable, small-town urban form.”

The staff report for CPA 19-28, Golden Gate FLUM, identifies 41 public meetings and public hearings at which this overall work effort regarding Martin County’s CRAs has been reviewed and discussed and members of the public have had the opportunity to ask questions and to be heard.  In addition to the public meetings and public hearings, the TCRPC has interviewed more than 100 residents, business and property owners in the CRAs, members of the NACs and the CRA Board, members of the LPA, and individual County Commissioners.  The proposed Division 7, Golden Gate Community Redevelopment Code, of Article 12 was the specific subject of presentations to the Golden Gate Neighborhood Advisory Committee on June 1, 2020 and July 13, 2020.  Article 12, Division 7 and the proposed amendments to Zoning Atlas were presented to the Community Redevelopment Agency on July 27, 2020.

Both the Golden Gate NAC and the Board of the Community Redevelopment Agency voted to support adoption of the proposed Article 12, Division 7 and the amendment of the Zoning Atlas.

This application was presented to the Local Planning Agency (LPA) at a public hearing on August 6, 2020.  The LPA recommended approval.  The first reading of the proposed ordinance before the Board of County Commissioners occurred on September 15, 2020.

 

ISSUES:

 

The legal descriptions for the proposed zoning districts are being finalized and will be provided by Supplemental Memo.

 

LEGAL SUFFICIENCY REVIEW:

 

This is a quasi-judicial matter because the ordinance includes a proposed amendment to the Zoning Atlas to assign the Golden Gate Redevelopment Zoning District and other zoning districts to the parcels within the Golden Gate Community Redevelopment Area.  It involves the application of a policy to a specific site. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding.  In quasi-judicial proceedings, parties are entitled - as a matter of due process- to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

1.                     Move that the Board receive and file the agenda item summary and all attachments including the staff report for the record as Exhibit 1.

2.                     Move that the Board adopt the ordinance creating Division 7, Golden Gate Community Redevelopment Code, of Article 12, LDR; amending the Zoning Atlas to assign the Golden Gate Redevelopment Zoning District and other zoning districts; and repealing Section 3.267, Golden Gate Community Redevelopment Area, LDR.

 

ALTERNATIVE RECOMMENDATIONS

Move that Board direct staff to make certain changes and bring the matter back to the Board at a future date certain.

 

FISCAL IMPACT:

 

RECOMMENDATION

Staff time.

                     

ALTERNATIVE RECOMMENDATIONS

1. Staff time.

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other: