The land development approval process has fairly rigid timelines that are set by Florida State Statute.
What made me do some research on the subject was a column written by Blake Fontenay in TC Palm regarding Atlantic Fields also known as Discovery. Depending on the type of proceeding that is before the commission, there are definite time frames that must be followed under statute. The county just can’t let things go on indefinitely. In my research I spoke to both the county attorney and the City of Stuart attorney beside reading the statutes cited.
How many of us have been involved in a civil lawsuit? The continuances and postponements are legendary. Sometimes, years go by before a court rules or, more likely, a settlement between the parties is reached. It may not be swift justice, but it is due process.
I believe that the project in question is a good one. Unfortunately, for whatever reason, the Atlantic Fields developers decided they needed a new land use in the comp plan instead of the development plan that was explained to me. Originally, they were going to come in and ask for approval of their PUD as an exception. If that had occurred, two of the commissioners who now oppose the introduction of the “rural lifestyle” use would have probably approved the development.
Once the very favorable project became the subject of a new land use introduction, everything changes. Such a change requires more scrutiny and public outreach and education. The new land use would apply to more than just the one project.
On the first hearing date in the spring, almost everyone who spoke wanted to receive more information. There were some that were not in favor. At that point most of us wanted to have our questions answered in more detail. It didn’t help that the presentations given by the staff were not meant for civilians that need more basic knowledge and delivered with more enthusiasm.
Now the entire thing has been hanging around for far too long. Positions begin to harden. In my experience, the longer it takes to obtain an approval, the more opposition will develop. This is what has happened with Discovery.
The agenda for June 21st had three different public hearings regarding this project. The first one asked for approval to create a new future land use designation of rural lifestyle in the comp plan. If that were approved, then the second hearing would allow the Discovery property to be assigned the future land use of rural lifestyle. And then the third hearing would have been to have a PUD agreement and site plan for the property. Each hearing could only happen if, at the hearing before, the commission approved the action.
The first postponement was initiated by the BOCC and was tabled to a date uncertain. The second was requested by the applicant to table the three hearings to a date uncertain that the commission voted to approve. There is a 180-day time frame under FS 125.022 for quasi-judicial public hearings which would apply to a hearing for a PUD agreement. It can be extended by mutual agreement.
Comp plan amendments must be approved by the state. Under FS 163.3184, there is a 180-day clock from the time the state comments are received. Martin County received the comments on March 31, 2022. While there can be postponements, the 180-day time frame is not stopped. The clock ticks down to zero on September 27, 2022. The only way the time can be extended is by mutual consent of all affected parties including those who provided comments.
Would the commissioners like to have only non-controversial land use changes come before them? Sure, they would. But that isn’t what they signed up for. In my experience, the commissioners are genuinely concerned with what the public is saying. They may even agree with the prevailing view and do not like a project, but they just can’t vote no. They have a responsibility to vote yes if state statute and local ordinances dictate that the developer’s request is within the scope of the statute or ordinance.
If at some point this ends up in court, the county will have to prove that it did follow state statute and gave every opportunity to the applicant to be able to make their case. The price of that is sometimes having adjournments or postponements. Property rights are taken very seriously in Florida and a government violates them at some peril.
Deliberative consultation with as many residents as possible should be the goal. The notion that things such as this should be rushed ultimately benefits no one. In my opinion, at this point not enough is known about the classification of rural lifestyle to make a good decision.
Those that are in favor of the classification would probably find very little development that they would not support. And those who are adamantly opposed are no-growth adherents. Most of us just want more information and outreach. I think Martin County deserves it.
That educational responsibility clearly falls on the party that is proposing the change. Until the developer is ready to hire a third-party facilitator that is neutral to go out into various communities and hold informational meetings, this land use change should not move forward.
Public comment is important, but even more important is that the public comment be given by a fully informed public. When the public speaks their opinions should be based on facts not supposition. A reasoned argument is more important than a rushed one. Commissioners are more apt to listen.