Comprehensive Plan Amendments
A key function of the Current Planning Section is to manage changes to County’s Comprehensive Plan through the amendment process and to ensure that development proposals are consistent with the Plan. All site-specific amendments requested must provide a justification for the change, an analysis in support of the requested change, and demonstration that the current land use is inappropriate.
Small Scale Amendment Round Process:
Small scale amendments must be no more than 10 acres and are limited by the State to no more than 80 approved acres in any calendar year. The County has established additional criteria for small scale amendments, including limiting their initiation to a quarterly basis and to sites within the Urban Service Area. Small scale amendments are subjected to the same departmental and staff review as large scale amendments. Small scale amendments also require a public hearing before the Planning Commission. However, they only require one hearing before the BCC and are not reviewed by DCA unless requested by the County. Small scale amendments are processed concurrently with the re-zoning of the site, and adopted by the BCC on the same date as the zoning public hearing affecting the property. Small scale amendments are effective 31 days after adoption.
Large Scale Amendment Round Process:
Initiation of the Round: The County regularly undertakes two large scale amendment rounds. Amendments related to DRIs may be processed independently. These rounds include both site-specific amendments as well as text amendments. Text amendments may be initiated only by the BCC, the PLC, County staff, or at the formal request of another local government. The Planning Division typically sets the schedule for the intake of requested amendments in February/March and October/November of each year. Following intake, the list of requested amendments is presented to the PLC for their review and concurrence prior to its presentation to the BCC. The BCC formally initiates each of the amendment rounds by motion - typically in April and November. Staff develops a schedule for the completion of work associated with each amendment round, which is made available to all agents and applicants for an amendment as well as reviewing agencies (which include County agencies as well as some State-mandated reviewing agencies); failure by an agent or applicant to adhere to the schedule results in the administrative postponement of the amendment to the next round.
Planning Commission Hearings: Staff provides an analysis and recommendation on each amendment, which is presented to the PLC in public hearings. Both the staff and the PLC recommendations are presented to the BCC in specially scheduled public hearings. Pursuant to BCC direction, in the event of a disagreement between staff and the PLC recommendations, the staff recommendation is presented to the BCC as the recommended alternative.
BCC Transmittal Hearing: At its public hearing, the BCC determines whether to transmit the amendments to the Florida Department of Community Affairs (DCA) for State review, or to decline to transmit the amendments. All amendments transmitted are reviewed by DCA and the State-mandated reviewing agencies, including Treasure Coast Regional Planning Council (TCRPC) for consistency with State plans and regulations.
Transmittal to DCA & ORC Report: Within 60 days of receiving the transmitted amendments, the DCA provides staff with a report of its objections, recommendations, and comments on all amendments (ORC). Consistent with BCC direction, the Planning Division prepares a recommended response to all DCA and TCRPC objections. These responses are considered by the BCC at an adoption public hearing for all of the amendments considered during the amendment round no more than 60 days after receipt of the DCA comments.
BCC Adoption Hearing: Adopted amendments, along with the response to DCA comments, are transmitted to DCA and other state departments for a determination on their consistency with State requirements.
Final Transmittal to DCA & Effective Date: With the 45 days after the State has received the adoption package, the DCA will issue a notice of intent (NOI) to find the amendments in compliance. If the DCA finding is not challenged within 21 days of the NOI, the amendments become effective. Challenged amendments enter an administrative hearing process.
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