MARTIN COUNTY — The controversial rural-lifestyle land use, which was passed here in September but held up by a challenge at the state level, will move forward after state officials ruled Tuesday that it complied with the county’s Comprehensive Plan, reversing a state administrative judge’s decision.
The Administration Commission — comprising Gov. Ron DeSantis, Agriculture Commissioner Wilton Simpson, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis — voted unanimously in favor of Martin County and rural lifestyle, paving the way for more-intense development just outside of the county’s urban-service boundary. The County Commission had approved rural lifestyle in a 3-2 vote.
The Administration Commission, meeting in Tallahassee, heard brief arguments Tuesday by Deputy County Attorney Elysse Elder; Palm City resident Donna Melzer, who filed the challenge; and Chris Benvenuto, an attorney representing developer Tom Hurley, who proposed rural lifestyle and the accompanying Atlantic Fields project. Atlantic Fields is to consist of 317 homes and an 18-hole golf course on 1,530 acres on the north side of Southeast Bridge Road in Hobe Sound, 1 mile east of Interstate 95.
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The decision comes two months after an administrative law judge ruled in favor of Melzer, who argued the land use violated the county Comprehensive Plan. Judge Francine Ffolkes, of the state Division of Administrative Hearings, based her ruling on the land use allowing a “community store,” because she considered it a commercial use prohibited outside the urban-service boundary.
County officials argued the store was not a standard commercial use because only residents and guests would have access to it.
On Tuesday, DeSantis laid out the state commission’s three options: overturn Judge Ffolkes’ ruling, uphold her ’ ruling or do more evaluation.
He said chose to “overturn (Ffolkes’) decision and find the (Comprehensive) Plan amendment to be in compliance, and direct the commission staff to draft and circulate a final order for approval.”
It’s unclear when the final order would be approved or when the Administration Commission would finalize the decision.
Both sides make their arguments
The land use facilitates “self-supporting, self-controlled rural communities” that emphasize “preservation of agricultural land and open space,” Elder, the county’s attorney, said in her argument to the state commission Tuesday.
Benvenuto echoed Elder’s points, adding that Ffolkes’ “interpretation of the community store component was significantly flawed.”
Moody asked Elder how the community store would be defined as “self-supporting.”
“What it does is it prevents residents from making long trips to stores,” she replied. “It prevents residents from putting trips on the roads … so it’s actually a benefit and reduces traffic.”
By contrast, Melzer argued “the inconsistency is clear” with the Comprehensive Plan that provides “safeguards that disallow commercial uses outside of the urban areas.” She emphasized Ffolkes’ findings were correct.
“It’s a ‘plan pillar’ issue,” Melzer said. “Large swaths of land would be on the market soon if this amendment were to be allowed. Who would buy and what would be the results?”
Melzer could not be reached for further comment after the meeting Tuesday.
What is rural lifestyle?
70% of the property must be used for open space such as golf courses and polo fields
The parameters of the land use are:
- Properties of at least 1,000 contiguous acres in unincorporated Martin County and next to the urban-service boundary would be eligible
- Density on land typically designated for agricultural use could be increased to 1 unit per 5 acres
- If a project more intense than 1 unit per 20 acres is approved for a rural-lifestyle property, the developer must designate separate property for conservation or an agricultural easement
- 70% of the property must be used for open space such as golf courses and polo fields
In separate statements Tuesday, both Hurley and County Attorney Sarah Woods said they were pleased with the decision.
“Even though it was through the lens of this challenge, we’re happy to see the amendment withstand examination by the (Administration Commission), which arrived at a conclusion consistent with the Treasure Coast Regional Planning Council, county planners and the County Commission majority in affirming that it complies with the Comprehensive Plan and protects the character of Martin County’s rural lands,” Hurley said.
“We look forward to continuing to strategically plan for the future, while protecting our environment and creating a vibrant community,” Woods said.
Lina Ruiz is TCPalm’s watchdog reporter for Martin County. You can reach her at lina.ruiz@tcpalm.com, on Twitter @Lina_Ruiz48 or at 321-501-3845.
