Ruling on state problem to Martin County land use coming in 2023
MARTIN COUNTY — A state listening to for a problem towards a controversial land use concluded Wednesday, setting the stage for a ruling in 2023 after the vacation season.
The listening to occurred about 2½ months after Palm Metropolis resident Donna Melzer filed a problem towards the approval of the rural-lifestyle land use, which allowed for extra intense growth outdoors the county urban-service boundary on sure agricultural lands.
Melzer argued the county violated its Complete Plan when the fee authorized the land use in a 3-2 vote in September. The land use laid the inspiration for the Atlantic Fields challenge, a luxurious golf-course neighborhood slated for Hobe Sound authorized in tandem with rural life-style.
Extra:Controversial rural-lifestyle land use in Martin County faces challenge at the state level
Passing vote:Controversial rural lifestyle land use OK’d by Martin County Commission in 3-2 vote
Opinion:Make no mistake: Atlantic Fields project would set a precedent on Treasure Coast
On Tuesday and Wednesday, Choose Francine Ffolkes of the state Division of Administrative Hearings, oversaw testimony from county employees, land-planning specialists and Melzer on the subject.
Throughout opening statements, Martin County Deputy Lawyer Elysse Elder argued the land use complies with the county Complete Plan and facilitates “textbook, basic rural growth.”
“It supplies for a neighborhood that enables for clustering, to protect (agricultural) land, to protect open area,” Elder mentioned. “It’s higher for the atmosphere. It’s higher for conservation land. It’s higher for water our bodies.”
In distinction, Melzer argued the land use is “ambiguous and isn’t significant and predictable,” particularly with regard to density and depth tips.
“Rural life-style’s noncompliance (and) ambiguities create impacts that might bust the city boundary, and the city boundary is Martin County’s essential planning instrument,” Melzer mentioned.
The necessities to make the most of the land use, which might permit for a most density of 1 unit per 5 acres, embrace:
- Properties should be not less than 1,000 contiguous acres and situated subsequent to the urban-service boundary in unincorporated Martin County.
- 70% of the property would include open area, which incorporates golf programs and polo fields.
- Separate property could be put into conservation or an agricultural easement if a challenge’s density is extra intense than 1 unit per 20 acres.
Morris Crady, a land planner with Lucido & Associates who represented developer Tom Hurley throughout the rural life-style approval course of, testified the land use was meant to create “a possibility for a rural atmosphere (with) quiet time, retreat, rest.”
“The entire idea was to create an alternative choice to equestrian and golf, or a mixture of all that, that might permit for a rural neighborhood on the sting of the urban-service boundary,” Crady mentioned, including it will create “an equitable-use various for property house owners.”
Land-planning skilled Charles Gauthier, who was referred to as to testify by Melzer, argued rural life-style lacks correct knowledge and evaluation, along with a foundation for “land-use want, safety of rural and agricultural lands, and the environment friendly provision of public amenities and companies.”
“I feel there could be implementation issues down the street, if this goes into impact. It’s simply too loosely drawn,” Gauthier mentioned.
After the conclusion of the listening to, Hurley instructed TCPalm he believed testimony confirmed rural life-style met the required requirements for approval and was appropriate with current rural makes use of permitted close to the urban-service boundary.
“We had been actually impressed by Choose Ffolkes, who performed a good and thorough course of,” Hurley, CEO of Becker Holding Co., mentioned. “We’re assured within the case we offered.”
Shifting ahead, there’s a 20-day window for Elder, Melzer and representatives of Hurley to submit proposed orders after the transcript of the listening to is filed, which is slated to be full in a couple of month. It’s unclear when Ffolkes would difficulty her ruling afterward.
Furthermore, Ffolkes in November 2021 performed a listening to for a problem towards a key aspect of the Stuart Costco challenge. Metropolis officers objected to her ruling, and a closing determination is predicted to come back from the state Administration Fee in January.
Lina Ruiz is TCPalm’s watchdog reporter for Martin County. You possibly can attain her at lina.ruiz@tcpalm.com, on Twitter @Lina_Ruiz48 or at 321-501-3845.
Source link