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6E
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY
PLACEMENT: PUBLIC HEARINGS
PRESET:
TITLE: LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE
PLAN AMENDMENT 15-8, JENSEN BEACH IMPOUNDMENT, A FUTURE LAND USE MAP
AMENDMENT
AGENDA ITEM DATES:
MEETING DATE:
4/14/2015
COMPLETED DATE:
4/2/2015
COUNTY ATTORNEY:
3/23/2015
ASSISTANT COUNTY ADMINISTRATOR:
3/30/2015
REQUESTED BY:
DEPARTMENT:
PREPARED BY:
Name: Deborah Drum
Growth Management
Richard Lawton
Name: Ecosystem Manager
Planner II
Procedures: None
EXECUTIVE SUMMARY:
A request for the Board of County Commissioners to consider transmittal of Comprehensive Plan
Amendment 15-8, Jensen Beach Impoundment, a Future Land Use Map amendment.
APPROVAL:
LEG
ACA
CA
BACKGROUND/RELATED STRATEGIC GOAL:
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In accordance with Sections 163.3174(4)(a) and 163.3184(3)(c)1 and (11), Florida Statutes, all Plan
amendments require three public hearings. In accordance with Section 163.3174(4)(a), the first public
hearing for this Plan amendment was conducted before the Local Planning Agency on January 15,
2015. At the second hearing, held in accordance with Section 163.3184(3) and (11), the Board of
County Commissioners determines whether to transmit or not transmit plan amendments as part of a
set of amendments.
Section 163.3184, Florida Statutes requires state, regional and local reviewing agencies to provide
comments to the County. The state and regional reviewing agencies are required to review the
amendment to ascertain if there are any impacts to important state resources and facilities. The state
and regional reviewing agencies are required to provide their comments, if any, to Martin County within
30 days of the agency receipt of the amendments. If comments are received regarding impact to state
resources and facilities, they must be addressed prior to adoption of the ordinance. Failure to
successfully address impacts to state resources and facilities may form the basis for a challenge to the
amendment after adoption.
Pursuant to Section 163.3184(3)(c)1 and (11), Florida Statutes, Martin County must hold the adoption
public hearing within 180 days after the receipt of those comments. If Martin County fails to hold an
adoption public hearing, the amendment shall be deemed withdrawn unless extended by agreement
and notice to the State Land Planning Agency and any affected party that provided comments on the
amendment. If approved within 180 days, Martin County has ten days to send the amendment adoption
package to the State Land Planning Agency. The State Land Planning Agency has five days to find the
amendment adoption package complete. If an affected party challenges the adoption of a plan
amendment, the petition must be filed within 30 days of the adoption date of the amendment. If the
State Land Planning Agency challenges the adoption of a plan amendment, the petition must be filed
within 30 days of the completeness determination by the State Land Planning Agency.
Decisions approving or rejecting proposed amendments constitute legislative actions because they
involve the policy making function of the BCC. They are different from rezoning and site plan decisions
which are quasi-judicial actions involving the application of general rules of policy to specific situations.
If approval of a Comprehensive Plan amendment is challenged by an affected person, the approval will
be sustained if it complies with Florida Statutes regarding (1) procedural requirements (e.g. proper
notice, public hearing), and (2) substantive requirements (e.g. adequate data and analysis, internal
consistency). The fairly debatable standard is applicable to the review and requires judicial approval of
a BCC approval if reasonable persons could differ as to the propriety of the decision. For example, if a
petitioner were to claim that an amendment adopted a provision that was not consistent with an existing
provision of the Comprehensive Plan, the court would strike down the amendment only if the court
found no reasonable person would think that the two provisions are consistent.
If approval of a Comprehensive Plan amendment is challenged by the State Land Planning Agency, the
process for the administrative review will be as provided in Section 163.3184(5) F.S. Challenges to a
denial of a Comprehensive Plan amendment have an even more difficult burden. Since the
Comprehensive Plan is already in place, the County does not have to meet the statutory, procedural or
substantive requirements in order to deny an amendment. Thus, challengers ordinarily seek a remedy
based on constitutional claims or some other basis.
ISSUES:
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A separate Board item has been created for each of the Plan amendments. Each Plan amendment will
be considered separately by the Board pursuant to legislative public hearing procedures. At the
conclusion of the presentation of a given Plan amendment, the Board will be asked to either approve,
approve with changes, deny or continue the proposed Plan amendment to a future date.
In order to ensure that all amendments follow the same schedule and are consistent with each other,
the actions of the Board on a date other than the final hearing date should be limited to the taking of a
“straw vote” on whether to transmit or adopt the amendment and to continue the item to a future date so
that it may be consolidated with other items to be transmitted or adopted as part of a single submission.
However, should the Board decide on any hearing dates not to transmit or adopt a particular
amendment, such item may simply be denied and no further action is needed.
A sample motion for approval would be:
“I move approval of CPA 15-8, Jensen Beach Impoundment, future land use map amendment, and for
this item to be continued to April 15, 2015, so that it can be consolidated with all other approved
amendments into a single submission.”
A sample motion for denial would be:
I move denial of CPA 15-8, Jensen Beach Impoundment, future land use map amendment.
At the end of the final day of review, the Board will be able to transmit or adopt the list of approved
amendments, either individually or as a group, without further public input or Board deliberation, as the
Board deems appropriate.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates
policy rather than applying specific rules to a particular situation. A local government’s approval or
denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review.
Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as
to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review
need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of
the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or
illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the amendment per staff recommendation.
ALTERNATIVE RECOMMENDATIONS
1.
Move that the Board deny the amendment.
2.
Move that that staff provide additional information and continue the item to a future date.
3.
Move that the Board continue the proposed amendment.
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FISCAL IMPACT:
RECOMMENDATION
Staff time.
Funding Source
County Funds
Non-County Funds
Authorization
Subtotal
Project Total
ALTERNATIVE RECOMMENDATIONS
Staff time.
DOCUMENT(S) REQUIRING ACTION:
Budget Transfer / Amendment
Chair Letter
Contract / Agreement
Grant / Application
Ordinance
Resolution
Notice
Other:
ROUTING:
_ ADM
_ GSD
X CA
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_ BLD
_ ITS
X ACA
_ CDD
_ LIB
X LEG
_ COM
_ MCA
_ ENG
_ MPO
_ FRD
_ PRD
_ GMD
_ USD
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PLAN AMENDMENT PROCEDURES
The following legislative procedure should be used for all Future Land Use Map
amendments and all amendments to the text of the Comprehensive Growth
Management Plan:
1. Open legislative public hearing.
2. If applicable, verify that the applicant has filed the return receipts with the Clerk.
3. Staff presentation of the Plan amendment.
4. Applicant presentation.
5. Public comment.
6. Board of County Commissioners deliberation/decision on whether to transmit the
Plan amendment.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT
REQUEST NUMBER:
CPA 15-8, Jensen Beach Impoundment
APPLICANT:
Martin County
Board of County Commissioners
PLANNER-IN-CHARGE:
Richard Lawton
Planner II
REPRESENTED BY:
Deborah Drum
Martin County
Ecosystem Restoration & Management Manager
DATE: October 7, 2014
LPA MEETING:
BCC TRANSMITTAL HEARING
TRANSMITTAL TO DEO:
ADOPTION HEARING:
FINAL TRANSMITTAL TO DEO:
ORIGINAL MEETING REVISION DATE
DATE
January 15, 2015
January 16, 2015
April 14, 2015
March 18, 2015
LPA
Date
The LPA voted 4-0 to recommend approval of a
RECOMMENDATION: January 15, 2015 land use change to Conservation. The LPA also
voted 4-0 to recommend approval of the zoning
change to PC.
BCC TRANSMITTAL
HEARING:
BCC FINAL ACTION:
SITE LOCATION: A 91.8-acre parcel located on north Hutchinson Island, west of NE Ocean
Boulevard at the north county border. (See attached Location Map for location of parcel.)
APPLICANT REQUEST: A request for a Future Land Use Map change from Estate Density
2UPA to Institutional Conservation. And a concurrent request to change the zoning from HR-1A
(Single-family Residential) and HR-2A (Multi-family Residential) to PC (Public Conservation).
STAFF RECOMMENDATION:
Staff recommends approval of the proposed future land use change from Estate Density 2UPA to
Conservation on the subject parcel. Staff also recommends approval of the requested zoning
change from HR-1A and HR-2A to PC.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
EXECUTIVE SUMMARY:
The application is for a Future Land Use Map change on a 91.8-acre parcel of county-owned
property from Estate Density 2UPA to Institutional Conservation with a concurrent request to
change the zoning from HR-1A (Single-family Residential) and HR-2A (Multi-family
Residential) to PC (Public Conservation). The parcel is located on Hutchinson Island at the
northern border with St. Lucie County.
The property was purchased with a grant from the Florida Communities Trust and is subject to a
Grant Award Agreement (Official Records Book 2038, Pages 0954-0965) that requires “that the
future land use designation assigned to the Project Site is for a category dedicated to open space,
conservation, or outdoor recreation uses as appropriate.” The award agreement further stipulates
that the site, “be managed only for the conservation, protection and enhancement of natural and
historical resources and for passive, natural resource-based public outdoor recreation which is
compatible with the conservation, protection and enhancement [of the site]”.
Comprehensive Growth Management policy 4.13A.11.(2) provides the Institutional
Conservation land use designation for lands compatible with conservation and passive recreation
and requires that environmentally sensitive lands acquired by the County be reclassified to the
Institutional Conservation land use designation during the next plan amendment cycle. The only
activities permitted on Conservation land are conservation of the natural features of the land and
passive recreation that provides for the public's enjoyment of the property. Development is
limited to conservation compatible access, maintenance, parking, and facilities such as walking
trails and information booths.
The site is located in a low lying coastal area and preliminary investigation suggests that there
are extensive wetlands on the property. Both the Soil Survey of the Martin County Area, and the
Composite Wetlands Map indicate that a substantial portion of the property is impacted by the
presence of hydric soils and wetlands. The original intent of the purchase the property was the
preservation of environmentally sensitive open space. The property acts as both natural habitat
and as a buffer to surrounding development in storm events.
Staff recommends approval of a land use change on the site from Estate Density 2UPA to
Institutional Conservation. The PC (Public Conservation) is the only current zoning district that
implements the proposed Institutional Conservation land use. Staff recommends approval of the
change from HR-1A and HR-2A to PC.
APPLICATION HISTORY:
October 7, 2014 – The Board of County Commissioners initiated the Comprehensive Plan
Amendment by Resolution 14-10.6.
January 15, 2015 - The LPA voted 4-0 to recommend approval of a land use change from Estate
Density 2UPA to Institutional Conservation. The LPA also voted 4-0 to recommend approval of
the zoning change from HR-1A and HR-2A to PC.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
1. PROJECT/SITE SUMMARY
1.1.
Physical/Site Summary
The parcel is within the following:
Planning District: Hutchinson Island.
Adjacent Planning District: North County.
Commission District: District 1.
Taxing District: District 1, Hutchinson Island Municipal Service Taxing Unit.
1.2
Major Roadways
The subject parcel is located on the west side of NE Ocean Boulevard at the north county border.
Ocean Boulevard is a major arterial that connects to NE Causeway Blvd. in Jensen Beach, and
SE Ocean Blvd. in Stuart.
1.3.
Current Amendment Requests
CPA 15-1, Kingsley: A request for a Future Land Use Map (FLUM) change from Rural Density
to Low Density on a 5-acre parcel located on the west side of Berry Avenue in Palm City.
CPA 15-2, Berry Retail: A request for a FLUM change from Rural Density to General
Commercial on a 4.8-acre parcel located on the south side of SW Martin Highway approximately
400 feet west of Berry Avenue in Palm City.
CPA 15-3, Sunshine Mobile Manor: A request for a FLUM change from Mobile Home to
Commercial General on a 2.2-acre parcel located on the west side of US-1 a quarter-mile north
of Salerno Road.
CPA 15-4, Davis Hobe Sound: A request for a FLUM change from Medium Density Residential
to Commercial General on a 1.27-acre parcel located on the east side of US-1, just south of SE
Woodland Road, in Hobe Sound.
CPA 15-5, DeMartini: A request for a FLUM change from Commercial Limited to Commercial
General on a 2.1-acre parcel located on the east side of US-1, just north of the intersection with
Cove Road.
CPA 15-6, Berry Retail-Galley: A request for a FLUM change from Rural Density to Limited
Commercial on a 1.14-acre parcel located on the SW corner of SW Martin Highway and Berry
Avenue in Palm City.
CPA 15-7, Seacoast: A request for a FLUM change from Commercial Limited to Commercial
General on one third of an acre located east of US-1 and on the north side of S.E. Cove Road.
CPA 15-8, Jensen Beach Impoundment: A request for a Future Land Use Map change from
Estate Density 2UPA to Conservation on a 91.8-acre parcel located on north Hutchinson Island.
CPA 15-9, Joe’s River Park: A request for a Future Land Use Map change from Medium Density
to Conservation on a 2.25-acre parcel located on north Hutchinson Island at Joe’s River Park.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
CPA 15-10, Bob Graham Beach: A request for a Future Land Use Map change from Estate
Density 2UPA and Medium Density to Conservation on a 5.3-acres located on north Hutchinson
Island.
CPA 15-11, FL Oceanographic Society: A request for a Future Land Use Map change from
Estate Density 2UPA and Commercial General to Conservation on a 17.3-acre parcel located on
north Hutchinson Island.
CPA 15-12, IRP Water Treatment Plant: A request for a Future Land Use Map change from
Commercial General to Institutional General on a 7.5-acre parcel located on north Hutchinson
Island.
CPA 15-13, River Cove: A request for a Future Land Use Map change from Commercial
Waterfront to Recreational on a 5.2-acre parcel located on north Hutchinson Island.
CPA 15-14, Crystal Beach: A request for a Future Land Use Map change from Low Density to
Conservation on a 16.2-acre parcel located on north Hutchinson Island.
CPA 15-15, Palm Beach Heights: A request for a Future Land Use Map change from
Agricultural to Conservation on a 1,432 individual parcels located in western Martin County.
1.4.
Past Changes in Future Land Use Designations
CPA 06-1, Elliott Museum: A change on 16.5 acres from Institutional Recreation to Institutional
General on the Elliott Museum property located on SE Ocean Boulevard on Hutchinson Island.
CPA 04-14, Curtis: A change on 3.01 acres from Estate Density 2UPA to Institutional
Conservation on the Curtis property located on NE Ocean Boulevard on Hutchinson Island.
CPA 04-14, Santa Lucea: A change on 10 acres from High Density Residential to Institutional
Recreation on the Santa Lucea Beach property located on McArthur Boulevard on Hutchinson
Island.
CPA 00-10, Muscara: A change on 20.38 acres from Estate Density 2UPA to Institutional
Conservation on the Muscara tract property located on NE Ocean Boulevard on Hutchinson
Island.
CPA 99-2, Hutchinson Island South: A change on 15.38 acres from Estate Density 2UPA to
Institutional Conservation on property located on SE Ocean Boulevard on Hutchinson Island.
CPA 99-2, Hutchinson Island North: A change on 2.25 acres from Medium Density Residential
to Institutional Conservation on property located on NE Ocean Boulevard on Hutchinson Island.
CPA 99-2, Dutcher II: A change on 38 acres from Estate Density 2UPA to Institutional
Conservation on the Dutcher property located on NE Ocean Boulevard on Hutchinson Island.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
CPA 97-16a, Stuart Beach Addition: A change on 2.9 acres from Estate Density 2UPA to
Institutional Conservation on the Stuart Beach property located on NE Ocean Boulevard on
Hutchinson Island.
CPA 94-2, Beach Walk: A change on 2.75, 2,78, and 7.41 acres from Medium and High Density
Residential to Institutional Conservation on the Dubner Pasley parcels located on NE Ocean
Boulevard on Hutchinson Island.
CPA 94-2, Tiger Shores: A change on 0.32 acres from Estate Density 2UPA to Institutional
Conservation on the South Tiger Shores property located on NE Ocean Boulevard on Hutchinson
Island.
1.5.
North:
South:
East:
West:
Adjacent Future Land Use
St. Lucie County.
Conservation; Medium Density; Commercial Limited.
Commercial Limited; Medium Density.
Water: Indian River.
1.6.
Environmental Considerations
1.6.1. Wetlands, soils and hydrology
The Soil Survey of the Martin County Area, published by the United States Department of
Agriculture (1978), lists the soil types on the subject property as follows:
#28 Canaveral sand. A poorly drained to moderately well drained soil on dune-like ridges and
side slopes bordering sloughs and mangrove swamps. In most years under normal conditions the
water table is at a depth of 10 to 40 inches for 2 to 6 months of the year. Native vegetation
consists of cabbage palm, scattered saw palmetto, and magnolia and bay trees. The soil is not
suitable to cultivated crops. The potential is low for pine trees.
#30 Bessie muck. This nearly level soil is poorly drained; found in mangroves swamps along
coastal areas. The soil is not suitable to cultivated crops, citrus, pasture, or pine trees.
#50, Okeelanta Variant muck. This soil type is very poorly drained. The Martin County Soil
Survey states: “This soil is flooded by high tides, daily or seasonally and during storm periods.
The water table is within a depth of 10 inches at all other times. This soil type is listed in the
Martin County Comprehensive Growth Management Plan (CGMP), Martin County Code as a
soil type associated with wetlands.
Table 9-4, Chapter 9, Conservation and Open Space, CGMP, lists #30 Bessie muck and #50,
Okeelanta Variant muck, located on the property, as soil types associated with forested saltwater
wetland areas. The Composite Wetlands Map also indicates that a substantial portion of the
property is impacted by the presence of hydric soils and wetlands. Martin County CGMP
policies 9.1G. do not allow negative impacts to wetlands.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
1.6.2. Wellfield protection
The following is a description of the presence of existing wellfields proximate to the site and
applicable wellfield protection measures.
A preliminary investigation indicates that there are no public wells associated with Martin
County Utilities on Hutchinson Island or near the subject property. Any new development near a
public well must conform to the Martin County Wellfield Protection Ordinance and Groundwater
Protection Ordinance before receiving development approval.
1.7.
Adjacent Existing Uses
Below is a summary of the existing adjacent land uses in the general vicinity of the subject
property:
NORTH:
An AT&T mechanical building and then a strip shopping center.
SOUTH:
Jensen Beach Club condominiums and conservation lands.
EAST:
The Dunes condominiums and private single-family homes.
WEST:
The Indian River.
2. ANALYSIS
The applicant must provide justification for the proposed amendment. The justification should
examine specific changes occurring in the vicinity of the subject property, including changes in
local utilities’ availability; thoroughfare structure; demographics; and surrounding land uses and
zoning. Additionally, the existing physical characteristics of the parcel and any shifts in the local
composition of the area's commercial, industrial, and/or residential character should be
considered. The applicant should focus this justification on a specific, detailed analysis of the
area, bearing in mind the future land use amendment approval criteria outlined in Section 1.11 of
the Comprehensive Growth Management Plan, Martin County Code. The Staff analysis is based
on an evaluation of the amendment application materials, applicable Comprehensive Growth
Management Plan policies and other relevant information.
2.1. Criteria for a Future Land Use Amendment (Section 1-11 CGMP)
Four criteria in the Martin County Comprehensive Growth Management Plan provide the basis
for recommendations for future land use changes. In evaluating each future land use
amendment, staff is directed by the Comprehensive Growth Management Plan (pages 1-8) to
assume that the 1982 and thus 1990 Future Land Use Maps, as amended, are an accurate
representation of the Board of County Commissioners and thus the community's intent for the
future of Martin County. Staff can recommend approval if any one of the four criteria are met.
Staff must recommend denial if none of the criteria is met. An evaluation of these four criteria
for this future land use request follows:
1. That past changes in land use designations in the general area make the proposed use
logical and consistent with these uses and there is adequate availability of public services; or
Past changes do not reflect a change to the area that would justify the proposed change to make it
logical or consistent with the general area. Criteria number one has not been met.
2. That the growth in the area, in terms of development of vacant land, redevelopment and
availability of public services, has altered the character of the area such that the proposed
request is now reasonable and consistent with area land use characteristics; or
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
The surrounding area has developed consistent with the FLUM. Development of the
surrounding area alone is not sufficient to find that the character of the area has changed.
Criteria number 2 has not been met.
3. That the proposed change would correct what would otherwise appear to be an
inappropriately assigned land use designation; or
The property was purchased with public funds in an effort to protect environmentally sensitive
land along the coast on Hutchinson Island. Policy 4.13A.11., CGMP, provides the guidelines for
the correct land use for lands purchased for a public purpose. The proposed changes would
correct what would otherwise appear to be an inappropriately assigned land use designation.
Criteria number 3 has been met.
4. That the proposed change would meet a necessary public service need which enhances the
health, safety, or general welfare of County residents.
The site provides public open space and access to lands that are intended to be preserved in its
natural state. The land provides coastal habitat and landward protection in storm events. Criteria
number four has been met.
2.2. Urban Sprawl
Florida Statute 163.3177(3)(a)9. states that any amendment to the future land use element shall
discourage the proliferation of urban sprawl and provides thirteen indicators to judge whether a
future land use amendment discourages the proliferation of urban sprawl.
Urban sprawl is defined as a development pattern characterized by low density, automobiledependent development with either a single use or multiple uses that are not functionally related,
requiring the extension of public facilities and services in an inefficient manner, and failing to
provide a clear separation between urban and rural uses.
Florida Statute provides an additional eight criteria, of which four must be met, in order to judge
whether an amendment can be determined to discourage the proliferation of urban sprawl. An
evaluation of the thirteen indicators for urban sprawl and a determination on the eight criteria for
this future land use request follows:
(I) Promotes, allows, or designates for development substantial areas of the jurisdiction to
develop as low-intensity, low-density, or single-use development or uses.
No. The site is proposed for conservation and no non-conservation development will be allowed
on the site.
(II) Promotes, allows, or designates significant amounts of urban development to occur in rural
areas at substantial distances from existing urban areas while not using undeveloped lands that
are available and suitable for development.
No. The site is located within the Primary Urban Service Area and intended for conservation to
protect environmentally sensitive land in a low lying area.
(III) Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon
patterns generally emanating from existing urban developments.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
No. The site is proposed for conservation and no urban development will be allowed on the site.
(IV) Fails to adequately protect and conserve natural resources, such as wetlands, floodplains,
native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas,
lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems.
No. The site has been specifically identified as environmentally sensitive land situated in a low
lying coastal area. The intent is to protect the site from urban development.
(V) Fails to adequately protect adjacent agricultural areas and activities, including silviculture,
active agricultural and silvicultural activities, passive agricultural activities, and dormant,
unique, and prime farmlands and soils.
No. There is no agriculture, silviculture, or farmland in the immediate area.
(VI) Fails to maximize use of existing public facilities and services.
No. The parcel is located within the Primary Urban Service District where public facilities and
services are planned for anticipated growth patterns. Any activity on the property would access
existing public facilities and services.
(VII) Fails to maximize use of future public facilities and services.
No. The parcel is located within the Primary Urban Service District where public facilities and
services are planned for anticipated growth patterns. Any activity on the site would access
existing public facilities and services.
(VIII) Allows for land use patterns or timing which disproportionately increase the cost in time,
money, and energy of providing and maintaining facilities and services, including roads, potable
water, sanitary sewer, stormwater management, law enforcement, education, health care, fire
and emergency response, and general government.
No. The subject parcel is located within the Primary Urban Service District where public
services are already in place.
(IX) Fails to provide a clear separation between rural and urban uses.
The subject parcel is located within the Primary Urban Service District which separates rural and
urban uses.
(X) Discourages or inhibits infill development or the redevelopment of existing neighborhoods
and communities.
No. The site has been identified as environmentally sensitive land situated in a low lying coastal
area. It is unlikely the site could be developed in any significant way. Any proposed
development would be severely restricted because of the large amount of wetlands on the site.
(XI) Fails to encourage a functional mix of uses.
No. The proposed land use provides needed open space and protects environmentally sensitive
land.
(XII) Results in poor accessibility among linked or related land uses.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
No. The parcel is located on a major arterial. The proposed land use changes will not change
the accessibility among existing land uses.
(XIII) Results in the loss of significant amounts of functional open space.
No. The site has been specifically identified as environmentally sensitive land situated in a low
lying coastal area. The conservation designation is functional open space.
2.2.1. Proliferation of Urban Sprawl
In order for the application to be determined to discourage the proliferation of urban sprawl, the
amendment must incorporate development patterns or urban form that achieve four or more of
the following:
(I) Directs or locates economic growth and associated land development to geographic areas of
the community in a manner that does not have an adverse impact on and protects natural
resources and ecosystems.
The site is identified as environmentally sensitive land situated in a low lying coastal area. The
conservation designation is intended to protect natural resources and ecosystems. This criterion
has been met.
(II) Promotes the efficient and cost-effective provision or extension of public infrastructure and
services.
The parcel is located within the Primary Urban Service District where public infrastructure and
services are already in place. The site would access existing public facilities and services. This
criterion has been met.
(III) Promotes walkable and connected communities and provides for compact development and
a mix of uses at densities and intensities that will support a range of housing choices and a
multimodal transportation system, including pedestrian, bicycle, and transit, if available.
The parcel is located near existing developments that provide a mix of densities and intensities.
No change in the existing mix is contemplated by this proposal. This criterion has been met.
(IV) Promotes conservation of water and energy.
No development of the site is proposed. The proposal is to place the property into conservation.
This criterion has been met.
(V) Preserves agricultural areas and activities, including silviculture, and dormant, unique, and
prime farmlands and soils.
Not applicable. There is no agriculture, silviculture, or farmland in the immediate area.
(VI) Preserves open space and natural lands and provides for public open space and recreation
needs.
The site is identified as environmentally sensitive land situated in a low lying coastal area. The
conservation designation preserves natural land and provides for public open space and passive
recreation needs. This criterion has been met.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
(VII) Creates a balance of land uses based upon demands of residential population for the
nonresidential needs of an area.
The site is identified as environmentally sensitive land situated in a low lying coastal area. The
conservation designation provides for public open space and fulfills the need for passive
recreation area. This criterion has been met.
(VIII) Provides uses, densities, and intensities of use and urban form that would remediate an
existing or planned development pattern in the vicinity that constitutes sprawl or if it provides
for an innovative development pattern such as transit-oriented developments or new towns as
defined in s. 163.3164.
Not applicable. The site is environmentally sensitive land, situated in a low lying coastal area,
intended for conservation.
2.3 General Land Use Issues
The request is for a Future Land Use Map change from Estate Density 2UPA to Institutional
Conservation. The subject property was purchased under a grant from the Florida Communities
Trust. The property is subject to a Grant Award Agreement that requires that the property be
placed into conservation. Comprehensive Growth Management Plan, Policy 4.13A.11., states
that lands acquired for public purpose must have its land use changed to the appropriate
Institutional land use designation.
The existing Estate Density 2UPA land use designation is a residential district that allows density
up to two units per acre and is generally assigned to land located on the fringe of the Primary
Urban Service District that lack accessibility to a full complement of urban services. The CGMP
also assigns Estate Densities to selected areas near existing estate development that share similar
characteristics with existing residential estates and to areas in the urban service districts that
require density limitations because of unique problems of urban services.
The Comprehensive Growth Management Plan provides the below policies for the existing
Estate Density 2UPA and the proposed Institutional Conservation land uses:
Estate Density 2UPA Land Use:

Policy 4.13A.7.(2) Residential Estate densities ( two units per acre). Residential Estate densities
are primarily assigned to established, stable residential areas with a density up to two units per
gross acre in the Primary Urban Service District. These areas are generally on the fringe of the
PUSD and lack accessibility to a full complement of urban services. The CGMP also assigns
estate densities to selected areas near existing estate development that share similar
characteristics with existing residential estates and to areas in the urban service districts that
require density limitations because of unique problems of urban services. In reviewing specific
densities, the aim shall be to preserve the stability and integrity of established residential
development and provide equitable treatment to lands sharing similar characteristics.
Landscaping, screening, buffering and similar design techniques shall be used to assure a
smooth transition between residential structure types and densities. Existing agricultural uses in
this land use designation shall be allowed to continue in a nonconforming status.
Institutional Conservation Land Use:
 Policy 4.13A.11. Institutional development. The FLUM contains three separate land use
categories for institutional development. Recreational, Public Conservation and General
Institutional categories allow for varying degrees of use and development. Institutional land
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shall be owned by public agencies or nonprofit service providers, except for investor-owner
public water and sewer systems, private cemeteries and private hospitals existing as of
October 26, 1993. In addition, privately owned land subject to perpetual easements as
provided under Objective 4.5F may be designated Institutional Public Conservation.
(1)
Recreational. Recreational lands are designed for activity-based and resource-based
recreational uses and typically contain recreational facilities and substantial access
improvements. Lands assigned to the Recreational category may be developed only as
public recreation areas or used for temporary storage of dredged spoil material resulting
from the construction, reconstruction or maintenance of recreation facilities. Examples
include Langford Park in Jensen Beach, Pendarvis Cove Park in Palm City and J.V. Reed
Park in Hobe Sound. Lands acquired by the County for Recreational uses shall be
reclassified to the Institutional-Recreation land use designation during the next plan
amendment cycle. The minimum open space shall be 40 percent, maximum building
coverage shall be 45 percent and maximum building height shall be 40 feet.
(2)
Public Conservation. The Public Conservation category recognizes publicly owned areas
designed for conservation uses. In addition, privately owned land subject to perpetual
easements as provided under Objective 4.5F may be designated Institutional Public
Conservation. Only development compatible with conservation and passive recreation
uses shall be permitted in the Public Conservation category. This may include access,
parking and other facilities that enable the management of the resource and the public's
enjoyment of it. Conservation areas include the DuPuis Preserve in south Martin County
and the Savannas in north Martin County. Environmentally sensitive lands acquired by
the County shall be reclassified to the Institutional-Conservation land use designation
during the next plan amendment cycle.
(3)
General Institutional. The General Institutional category accommodates public and notfor-profit facilities such as schools, government buildings, civic centers, prisons, major
stormwater facilities, fire and emergency operation centers, public cemeteries, hospitals,
publicly owned water and sewer systems, dredge spoil management sites and airports.
Investor-owned regional public water and sewer systems and private cemeteries may be
allowed in General Institutional. Lands acquired by the County for General Institutional
uses shall be reclassified to the Institutional-General land use designation during the next
plan amendment cycle, as will lands or property rights acquired by the Florida Inland
Navigation District as future dredge spoil management sites.
Although Institutional use is reserved for the uses cited above, this shall not prohibit forprofit medical offices and other ancillary facilities owned by a nonprofit hospital as long as
they are part of a PUD. The impervious area covered by buildings and required parking
for such medical offices shall not include more than 12 percent of the site.
Public and/or private development of airport property owned or managed by the County
shall be subject to an Airport Zoning District or Planned Unit Development (Airport)
zoning district developed to implement this policy. It shall apply only to airports owned or
managed by the County.
Privatized government operations shall be allowed in Institutional land use when the land
is publicly owned and the private entity is acting under contract with the government that
would normally provide the service.
All Institutional development must meet all suitability and compatibility standards in the
CGMP. Minimum open space requirement shall be 40 percent, maximum building height
shall be 40 feet and maximum building coverage shall be 45 percent.
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2.5. Capital Facilities Impact (i.e. Concurrency Management)
Policy 4.1B.2. of the Future Land Use Element states: “All requests for amendments to the
FLUMs shall include a general analysis of (1) the availability and adequacy of public facilities
and (2) the level of services required for public facilities in the proposed land uses. This analysis
shall address, at a minimum, the availability of category A and category C service facilities as
defined in the Capital Improvements Element. No amendment shall be approved unless present
or planned public facilities and services will be capable of meeting the adopted LOS standards of
this Plan for the proposed land uses.”
Policy 4.1B.2. Analysis of availability of public facilities, of the Future Land Use
Element states, “All requests for amendments to the FLUMs shall include a
general analysis of (1) the availability and adequacy of public facilities and (2) the
level of services [LOS] required for public facilities in the proposed land uses.
This analysis shall address, at a minimum, the availability of category A and
category C service facilities as defined in the Capital Improvements Element. No
amendment shall be approved unless present or planned public facilities and
services will be capable of meeting the adopted LOS standards of this Plan for the
proposed land uses. The Capital Improvements Element, or other relevant plan
provisions, and the FLUMs may be amended concurrently to satisfy this criterion.
The intent of this provision is to ensure that the elements of the CGMP remain
internally consistent.”
2.5.1. Mandatory Facilities
2.5.1.1. Water/Sewer Facilities
The Level of Service standard for nonresidential water service is 0.1 gallons per sq. ft. The
Level of Service for nonresidential wastewater service is 0.1 gallons per sq. ft. If needed, the
parcel would be provided water and sewer service by Martin County Utilities. According to a
memo from the Utilities Department dated October 15, 2014, the Martin County Consolidated
Water System has 18.8 million gallons per day of plant capacity.
The maximum day flow in the past 12 months was 12.452 MGD.
Projects With Service Agreements have reserved: 0.521 MGD.
Martin County Utilities has 5.827 MGD available water supply capacity.
The Martin County (North) Sanitary Sewer System has a permitted capacity of 2.760 MGD.
Maximum Month Average Daily Flow: 1.542 MGD.
Projects with service agreements: 0.083 MGD.
Martin County (North) Utilities has 1.135 MGD of available sanitary sewer capacity.
No non-conservation development is proposed for the site. The County’s concern for
concurrency with the water and wastewater code requirements is evaluated through Martin
County’s development review process and any proposed development would be required to
submit an application for Development Review. A preliminary review indicates that excess
capacity exists for both water and sanitary sewer service.
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2.5.1.2. Drainage Facilities
There is no proposal for any development on the site at this time. The Martin County Land
Development Regulations do not allow post-development discharge to exceed pre-development
discharge. The post development level of service for drainage must meet or exceed level of
service standards. Implementation of the following Plan policies must be done during the site
plan review process:
Section 13.2.D.(2). “All project sites shall control the timing of discharges to
preclude any off-site impact for any storm event. The peak discharge rate shall not
exceed the predevelopment discharge rate for the 25-year frequency, 3-day
duration storm event.”
Policy 13.1C.3. Enforcement of level-of-service standards.: Martin County shall
enforce the level of service standards in section 13.2. through the Land
Development Regulations. The design criteria used to reach these levels of service
will be the same as those of the SFWMD for all development except single-family
residential lots of less than five acres.
Policy 13.1C.7. Contribution for off-site drainage improvements.: All new
developments shall provide an equitable contribution for off-site drainage
improvements necessitated by the development. No new development shall be
allowed that reduces services below the level of service standard established for
the existing off-site facilities.
Section 14.1A.2.(9)
“Levels of service for on-site improvements, including local streets, water and
sewer connection lines, stormwater management facilities and open space shall be
as required of the developer in the County Land Development Regulations.”
2.5.1.3. Transportation
Policy 5.2A.1. Establish a base level of service., CGMP states, “The base LOS standard for all
roadways is D during peak hour/peak season, except for the Florida Intrastate Highway System
roadways on the Strategic Intermodal System and for facilities funded with the Transportation
Regional Incentive Program that lie outside the urbanized area where LOS C is assigned, or
except where an interim level of service has been assigned as described in Section 5.3.B. The
methodology for determining roadway facilities’ level of service shall adhere to the
methodologies identified in the latest FDOTs Q/LOS Handbook.” There is no proposal for any
development on the site at this time. No additional traffic impact is anticipated as a result of the
proposed land use change.
2.5.1.4
Solid Waste Facilities
The required LOS in Martin County is 1.06 tons of capacity per weighted average population.
The weighted average population (the average of seasonal and full time residents) in Fiscal year
2015 is 159,178 persons. The landfill has 238,767 tons of available capacity or 1.5 tons per
weighted person. A contract was signed on August 23, 2002 between Martin County and
Okeechobee Landfill Inc., a division of Waste Management Inc., for the disposal of Martin
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County solid waste for the next 30 years. When the municipal solid waste facility(ies) falls
below the capacity levels stated above or when the remaining life of the facility(ies) reaches two
years, Martin County shall immediately commence with a process to ensure no interruption in
disposal activities will occur.
2.5.1.5. Parks/Recreation Facilities
Parks and recreation facilities are calculated on a countywide basis. The county has a weighted
average population of 159,178 persons and a total population in Fiscal year 2015 of 152,000
persons. There are currently 890 acres of active parkland available in the County. The 2015
Capital Improvements Plan provides the following LOS analysis for services.
REQUIRED LOS
PROVIDED
ACTIVE PARKLAND 3 acres per 1000 residents
890 acres
BEACH FACILITIES
9 spaces per 1000 residents
1471 spaces
PATHWAYS
5 linear feet per weighted
average resident
959,696 linear feet
CURRENT LOS
5.86 acres per 1000
residents
9.7 spaces per 1000
residents
6.03 linear feet per
resident
2.5.1.6. Fire/Public Safety/EMS
The minimum water delivery rate for any single fire hydrant is 500 gallons per minute with a
minimum pressure in any point within a water distribution system of 20 psi. Emergency
Services for Martin County is calculated for the unincorporated area. The levels of service for
the unincorporated area of the county are as follows:
 Advanced life support 8 minutes 90% of time in urban area.
 Advanced life support 20 minutes 90% of time in rural area.
 Basic life support 6 minutes 90% of time on urban area.
 Basic life support 15 minutes 90% of time on rural area.
 Fire response 6 minutes 90% of time of urban area.
 Fire response 15 minutes 90% of time of rural area.
The existing County Fire EMS services meet or exceed the minimum level of service.
FISCAL
YEAR
FY15
WT AVER
UNIN POP
1 Apr of FY
138720
REQUIRED
RESPONSE
TIMEALS/U
8
REQUIRED
RESPONSE
TIMEALS/R
20
REQUIRED
RESPONSE
TIMEBLS/U
6
REQUIRED
RESPONSE
TIMEBLS/R
15
REQUIRED
RESPONSE
TIMEFIRE/U
6
REQUIRED
RESPONSE
TIMEFIRE/R
15
REQUIRED
LOS
CURRENT
LOS
0.9
0.95
2.5.1.7. Schools
No additional students are expected as a result of the assignment of the Conservation land use
designation to the property. The County must coordinate with the School Board of Martin
County for a LOS analysis as provided for under Section 17.7. CGMP. Determination of
adequate school capacity for any development, pursuant to the requirements of the
Comprehensive Plan and Land Development Regulations, is done during the final site plan
review process.
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2.5.2. Non-Mandatory Facilities
2.5.2.1. Libraries
Library level of service is calculated on a countywide basis and has a goal of 0.60 gross square
feet of library space per resident; and two volumes of reading material per weighted average
resident.
The 2015 Capital Improvements Plan shows the current gross square footage of library space is
110,026. When the square footage is divided by total population of 152,000 the result is 0.72
square feet per resident.
There are currently 370,094 volumes available for a 2014 weighted average population of
159,178 resulting in 2.33 volumes per person. The current Library LOS services meets or
exceeds the minimum level of service.
2.6. Criteria for a Zoning Change
The request is for a land use change on the site to Institutional Conservation with a concurrent
change in zoning to a zoning district that implements the proposed land use. The existing land
use (Estate Density 2UPA) and zonings (HR-1A and HR-2A) are the residential districts
originally assigned to the property. The existing HR-1A (Single-family Residential District) is a
Category B zoning district and the existing HR-2A (Multiple-Family Dwelling District) is a
Category C zoning district. The PC (Public Conservation) is the only zoning district that
implements the proposed Institutional Conservation land use. Staff recommends approval of the
change from HR-1A and HR-2A to PC.
2.6.1 Permitted Uses
Below are excerpts from Article 3 of the Land Development Regulations, Martin County Code
including the permitted use schedule for the various zoning districts. The following land uses in
the left column below are implemented by the corresponding zoning districts in the right column.
Estate Density 2UPA
Institutional Conservation
RE-1/2A
PC
Lands zoned in accordance with this Division shall be limited to the uses indicated as permitted
in Table 3.11.2. A "P" indicates that the use is permitted within that zoning district provided
that the use can be developed in accordance with, the requirements set forth in Divisions 3 and 4
and all other applicable requirements of this Article and the LDR.
TABLE 3.11
PERMITTED USES
USE CATEGORY
H P
R- C
1
A
Residential Uses
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Accessory dwelling units
Apartment hotels
Mobile homes
Modular homes
P
Multifamily dwellings
Single-family detached dwellings
P
Single-family detached dwellings, if established prior to
the effective date of this ordinance
Townhouse dwellings
Duplex dwellings
Zero lot line single-family dwellings
Agricultural Uses
Agricultural processing, indoor
Agricultural processing, outdoor
Agricultural veterinary medical services
Aquaculture
Crop farms
Dairies
Exotic wildlife sanctuaries
Farmer's markets
Feed lots
Fishing and hunting camps
Orchards and groves
Plant nurseries and landscape services
Ranches
Silviculture
Stables, commercial
Storage of agricultural equipment, supplies and produce
Wildlife rehabilitation facilities
Public and Institutional Uses
Administrative services, not-for-profit
Cemeteries, crematory operations and columbaria
Community centers
P
Correctional facilities
Cultural or civic uses
Dredge spoil facilities
Educational institutions
P
Electrical generating plants
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Fairgrounds
Halfway houses
Halfway houses, on lots where such use was lawfully
established prior to the effective date of this ordinance
Hospitals
Neighborhood assisted residences with six (6) or fewer P
residents
Neighborhood boat launches
Nonsecure residential drug and alcohol rehabilitation and
treatment facilities
Nonsecure residential drug and alcohol rehabilitation and
treatment facilities, on lots where such use was lawfully
established prior to the effective date of this ordinance
Places of worship
P
Post offices
Protective and emergency services
P
Public libraries
P
Public parks and recreation areas, active
P
Public parks and recreation areas, passive
P
P
Public vehicle storage and maintenance
Recycling drop-off centers
Residential care facilities
Solid waste disposal areas
Utilities
P
Commercial and Business Uses
Adult business
Ancillary retail use
Bed and breakfast inns
P
Business and professional offices
Campgrounds
Commercial amusements, indoor
Commercial amusements, outdoor
Commercial day care
P
Construction industry trades
Construction sales and services
Family day care
P
Financial institutions
Flea markets
Funeral homes
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General retail sales and services
Golf courses
P
Golf driving ranges
Hotels, motels, resorts and spas
Kennels, commercial
Limited retail sales and services
Marinas, commercial
Marine education and research
Medical services
Pain management clinics
Parking lots and garages
Recreational vehicle parks
Recreational vehicle parks, limited to the number and
configuration of units lawfully established prior to the
effective date of this ordinance
Residential storage facilities
Restaurants, convenience, with drive-through facilities
Restaurants, convenience, without drive-through facilities
Restaurants, general
Shooting ranges
Shooting ranges, indoor
Shooting ranges, outdoor
Trades and skilled services
Vehicular sales and service
Vehicular service and maintenance
Veterinary medical services
Wholesale trades and services
Transportation, Communication and Utilities Uses
Airstrips
Airports, general aviation
Industrial Uses
Composting, where such use was approved or lawfully
established prior to March 1, 2003
Extensive impact industries
Limited impact industries
Mining
Salvage yards
Yard trash processing
Yard trash processing on lots where such use was
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lawfully established prior to March 29, 2002

Sec. 3.405. - HR-2A Multiple-Family Dwelling District.
3.405.A.
Uses permitted. In this district, buildings, structures, land or water shall be used only for the following
purposes subject to any additional limitations pursuant to section 3.402
1.
Any use permitted in the HR-1A Single-Family Dwelling District.
2.
Multiple-family dwelling structures.
3.
Accessory uses customarily incident to the respective dwelling structure uses.
4.
Motels located on the west side of and immediately adjacent to the A-1A district and to the A-1A
district extended southward, after the site plans therefor have been reviewed and approved by the
planning and zoning board.
5.
Yacht clubs and marinas, for the sole use of members and their guests, after the site and structure
plans have been approved by the planning and zoning board.
3.405.B.
Building height regulations. The maximum building height in this district shall be four stories or 40 feet,
3.405.C.
Building site area regulations.
1.
For single-family structures, the same as required in the HR-1 Single-Family Residential District.
2.
For two-family structures to four-family structures inclusive, the minimum building site shall not
be less than 15,000 square feet, with a minimum width of 100 feet measured at the front building
line.
3.
For each additional apartment unit, two thousand 2,600 square feet of property shall be added to the
required building site. A maximum density of 15 apartment units shall permitted per gross acre
depending on available community services and capital improvements.
4.
Percentage of land coverage:
a.
One- to four-story dwelling structures and accessory structures shall not occupy more than 30
percent of the building site required.
3.405.D.
Front, rear and side yards. The following minimum front, rear and side yards shall be required,
measured from the front, rear and side walls of structures to the road or street right-of-way line, rear or
side lines of the lot or parcel of land, respectively:
1.
Front yard:
a.
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MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-8, JENSEN BEACH IMPOUNDMENT
For structures of two stories or less there shall be a front yard of not less than 50 feet
measured from the street line or right-of-way to the front of the structure.
b.
For structures in excess of two stories in height, ten feet shall be added to the required front
yard for each additional story.
2.
Rear yard:
a.
For structures of two stories or less, 25 feet shall be required, measured from the rear property
line to the nearest side of the structure.
b.
For structures in excess of two stories in height, the rear yard shall be increased ten feet for
each additional story.
3.
Side yard: For structures of two stories or less, 20 feet shall be required on each side of the
structure. For structures in excess of two stories in height, the side yard shall be increased ten feet
for each additional story.
3.405.E.
Minimum ground floor area.
1.
For single-family dwelling structures, the minimum main ground floor area of the dwelling
structure, exclusive of breezeways, carports, patios or terraces, shall be 1,250 square feet.
2.
For two-family dwelling structures, exclusive of breezeways, carports, patios or terraces, 2,000
square feet.
3.
For structures in excess of two dwelling units, the floor area per dwelling unit shall not be less than
850 square feet. Efficiencies of not less than 580 square feet shall be permitted at a 1:4 ratio.
3. FIGURES/ATTACHMENTS
Figure 1, Location Map
Figure 2, Aerial Photograph
Figure 3, Future Land Use Map
Figure 4, Proposed Future Land Use Map
Figure 5, Zoning Map
Figure 6, Proposed Zoning Map
Figure 7, Composite Wetlands Map
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Application Package
CPA #15-8
Jensen Beach
Impoundment
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Correspondence
CPA #15-8
Jensen Beach
Impoundment
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Minutes of Meetings
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LOCAL PLANNING AGENCY MEETING
January 15, 2015
Martin County Commissioner Chambers
2401 S.E. Monterey Road
Stuart, Florida 34996
MEETING MINUTES- January 15, 2015
Present:
Chairperson…………………………………………………………………………………………….. Jim Moir
Agency Members……………………………………………………………………………………… Crystal Lucas
Agency Members……………………………………………………………………………………… Kathie Smith
………………………………………………………………………………………………………………….Cindy Hall
Absent:
District 3 Member
School Board Liaison
Staff Present:
Director, Growth Management Department……………………………………………. Nicki van Vonno
Sr. Planner, Growth Management Department……………………………………….. Richard Lawton
Director, Community Development Department …………………………………….. Kevin Freeman
Sr. Assistant County Attorney…………………………………………………………………… Krista Storey
Agency Recorder……………………………………………………………………………………….Mary Holleran
1.
CALL TO ORDER
The meeting was called to order at 7:02 p.m., by Mr. Moir, Chairman A quorum was noted.
2.
CONSENT AGENDA
*
MOTION – MOVED by Ms. Lucas to approve the Consent Agenda as presented.
**
SECONDED by Ms. Smith
*
MOTION – MOVED by Ms. Lucas to approve the Minutes of the December 11, 2014 meeting as
presented.
**
SECONDED by Ms. Smith
Carried Unanimously
Carried Unanimously
Mr. Moir introduced and welcomed new LPA member Cindy Hall, representing District 1.
3.
UNFINISHED BUSINESS – None
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A.
B.
4.
Public Hearings
1.
None
Requests and Presentations
1.
None
NEW BUSINESS - Annual Election of Officers
Mr. Moir advised it was time for the annual election of a Chairperson and a Vice Chairperson for
the Local Planning Agency and called for nominations for 2015.
*
MOTION – MOVED by Ms. Lucas to nominate Mr. Jim Moir to continue to serve as Chairman.
**
SECONDED by Ms. Smith.
**
MOTION, MOVED, SECONDED and Carried UNANIMOUSLY that Mr. Moir be elected to serve as
Chairman of the LPA for 2015.
There were no other nominations. The nominations were closed.
Mr. Moir called for the election of Vice Chair.
*
MOTION – MOVED by Ms. Smith to nominate Ms. Lucas to serve as Vice Chair of the LPA for 2015.
**
SECONDED by Ms. Hall. There were no other nominations. The nominations were closed.
**
MOTION, MOVED, SECONDED and Carried UNANIMOUSLY that Ms. Crystal Lucas be elected to
serve as Vice Chairperson of the LPA for 2015.
A.
Public Hearings
In order to expedite the CPAs and concurrent rezoning, Ms. Storey recommended that both be
heard at the same time, to hear ex parte communications and/or interveners, and then deliberate
on motions for separate actions oneach.
1.
Comprehensive Plan Amendment 15-8, Jensen Beach Impoundment – Request to consider
a Future Lane Use Map Change from Estate Density 2-U/P/A to Conservation on a 91.5 acre
parcel located on Hutchinson Island west of NE Ocean Boulevard, at the North County
border with St. Lucie County.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
Mr. Lawton explained the seven CPAs are scheduled to change the future land use and
zoning to institutional designations on seven publicly owned Martin County properties
located on Hutchinson Island. Mr. Lawton reviewed all of the CPAs, from #1, CPA 15-8
through #14, CPA #15-14, and the concurrent re-zoning, where applicable.
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Corresponding maps to indicate the location, the future land use, aerials, and composite
map and wetlands were displayed for each agenda item (and not repeated). The future
land use categories were explained. Quasi-Judicial proceedings for rezoning of each contain
ex parte communications and comments.
*** The return receipts from the surrounding property owners within 300 feet were
provided.
CPA 15-8 Jensen Beach Impoundment
Mr. Moir questioned the removal of exotics. Mr. Lawton explained the land will be
preserved for the enjoyment of the public, with access, walking trails and a small parking
space. Exotic removal is covered by the grant award from the Florida Community Trust.
Ms. Smith confirmed the property could not be accessed and used at present.
Ms. van Vonno referred to Staff Report (pg. 4/20) showing the various land use
amendments that occurred on Hutchinson Island, indicating many are amendments for land
use and conservation land.
Ms. Lucas discussed passive recreation uses and the difference between PC and PS zoning
designations. Mr. Lawton explained.
*
MOTION – MOVED by Ms. Lucas to approve CPA 15-8, Jensen Beach Impoundment for the
requested Future Land Use Map change from Estate Density 2-U/P/A to Conservation
located on Hutchinson Island west of NE Ocean Boulevard, at the North County border with
St. Lucie County.
**
SECONDED by Ms. Smith
Carried UNANIMOUSLY
No one from the public spoke on this item.
2.
*
Jensen Beach Impoundment (Quasi Judicial) – An application for a zoning change from HR1A Single Family Residential to PR and from HR-2A Multi-family Residential to Public
Conservation (PC) or the most appropriate zoning district regarding Comprehensive Plan
Amendment 15-8, Jensen Beach Impoundment.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
*** There were no ex parte communication disclosures by the LPA members
*** No Interveners were present
MOTION – MOVED by Ms. Smith to approve the Board’s application for rezoning on parcel
#2 from HR-1A Single Family Residential to PR and on parcel #3 from HR-2A Multi-family
Residential to Public Conservation (PC).
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**
SECONDED by Ms. Lucas
Carried UNANIMOUSLY
3.
Comprehensive Plan Amendment 15-9, Joe’s River Park – Request to consider a Future
Land Use Map Change from Medium Density to Conservation on the northern 2.25 acres of
Joe’s River Park, located on north Hutchinson Island, on the west side of NE Ocean
Boulevard, south of the Sailfish (Rigel’s) Cove development.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
The future land use categories were explained.
identified as parcel 1, 2 and 3.
The site is divided into three parts,
CPA 15- Joe’s River Park
Ms. Lucas questioned why there were three land use designations on one piece of property.
Mr. Lawton explained and indicated the correct zoning on the property.
*
MOTION – MOVED by Ms. Lucas to approve the requested CPA 15-9 to consider a Future
Land Use Map Change from Medium Density Residential to institutional Conservation on
Parcel #1 located on the northern 2.25 acres of Joe’s River Park, on north Hutchinson Island,
on the west side of NE Ocean Boulevard, south of the Sailfish (Rigel’s) Cove development.
**
SECONDED by Ms. Smith
Carried UNANIMOUSLY
No one from the public spoke on this request.
4.
Joe’s River Park (Quasi-Judicial) - An application for rezoning on Parcel #2 from HR-1A
Single Family Residential to Public Recreation (PR) and on Parcel 3 from Public Service (PS)
to Public Conservation (PC).
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
*** There were no ex parte communication disclosures by the LPA members
*** No Interveners were present
Mr. Lawton reviewed the zoning request. There were no questions from the LPA.
No one from the public spoke.
*
MOTION – MOVED by Ms. Smith to approve the application for rezoning on Parcel #2 from
HR-1A Single Family Residential to Public Recreation (PR) and on Parcel 3 from Public
Service (PS) to Public Conservation (PC).
**
SECONDED by Ms. Lucas
Carried UNANIMOUSLY
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5.
Comprehensive Plan Amendment 15-10, Bob Graham Beach – request to consider a Future
Land Use Map Change from Estate Density 2-U/P/A and Medium Density Residential to
Institutional Conservation on 5.3 acres on property located on north Hutchinson Island, south
of Joe’s River Park and North of Joe’s Point. This project contains two parcels identified as the
North Parcel and South Parcel.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
CPA 15-10 Bob Graham Beach
After review Mr. Moir confirmed there was no negative affect on beach access, and
commented that recreation versus conservation was a concern. Mr. Lawton indicated that
it was not stated there were any plans for any additional recreation lands or additional
access on the beach.
Mr. Moir questioned the issue of storage of sand, and if they are dredged spoils for
restoration and spoke of the sensitivity to that property. Mr. Lawton agreed there were a
number of concerns on conservation lands on the ocean. Mr. Moir asked if the dredged
spoils were specifically not allowed on conservation lands or allowed to be stored on other
recreational lands.
Ms. Storey commented that staff might answer that question before it goes forward. Mr.
Moir believed they should know where the sands that are stock piled on the beach are
coming from, are they dredged spoils, and are we trying to preserve the land in
conservation, or preserve them for storage or for recreational assets.
No one from the public spoke on this request.
*
MOTION – MOVED by Ms. Lucas to approve the requested CPA for a Future Land Use Map
Change from Estate Density 2-U/P/A and Medium Density Residential to Institutional
Conservation (IC) on 5.3 acres on property located on north Hutchinson Island, south of
Joe’s River Park and north of Joe’s Point.
**
SECONDED by Ms. Hall
6.
Bob Graham Beach (Quasi-Judicial) – An application for rezoning from HR-2A Multi-family
residential to Public Conservation (PC).
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
*** There were no ex parte communication disclosures by the LPA members
*** No Interveners were present
*
MOTION – MOVED BY Ms. Lucas to approve staff’s recommendation for rezoning for Bob
Graham Beach from HR-2A Multi-family residential to Public Conservation (PC) and to
Carried Unanimously
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answer Mr. Moir’s questions concerning what type of sand can be stored on conservation
and recreational lands, and if dredged spoils are allowed or not allowed to be stock piled
on these lands. Is beach restoration sand considered dredged spoils. The answer to be
forthcoming before this agenda item is moved forward to the BoCC.
**
SECONDED by Ms. Hall
Carried Unanimously
No one from the public spoke on this item.
7.
Comprehensive Plan Amendment 15-11, Oceanographic Society – Future Land Use Map
Change from Estate Density 2-U/P/A and Commercial General to Institutional Conservation
on a 17.3 acre parcel located on north Hutchinson Island between the Indian River and the
Hutchinson Island Publix Supermarket.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
CPA 15-11 Oceanographic Society
*
MOTION – MOVED by Ms. Lucas to approve the Future Land Use Map Change from Estate
Density 2-U/P/A and Commercial General to Institutional Conservation (IC) on a 17.3 acre
parcel located on north Hutchinson Island between the Indian River and the Hutchinson
Island Publix Supermarket.
**
SECONDED by Ms. Hall
8.
Oceanographic Society (Quasi-Judicial) – An application for rezoning from HB-1 (Limited
Business) and PUD to PC Public Conservation or the most appropriate zoning district
regarding Comprehensive Plan Amendment 15-11, Florida Oceanographic Society.
Carried UNANIMOUSLY
*** Ex parte communication disclosures by the LPA members:
Ms. Smith, Ms. Hall and Ms. Lucas had none.
Mr. Moir spoke with Mr. Mark Perry about this zoning change on the parcel.
*** No Interveners were present
Mr. Moir questioned if there were any PAMP arrangements on the PUD that were supposed
to be conveyed to the property. Mr. Lawton explained the map displayed is currently
represented in GIS, and that the property extends over the portion of the pr operty which
has the PUD zoning. He believed it was inaccurate where zoning does not line up on the
map with property ownership, and he further explained.
Ms. Storey asked what PUD it was in and why the zoning was being changed from PUD to
something else. If it is a mapping error it needs factual information versus rezoning that has
a PUD zoning. Ms. van Vonno believed it was a scrivener’ s error that occurred with the
maps years ago.
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Mr. Moir suggested adopting the change from HB-1 to PC and the portion included as PUD
to be recognized as a scrivener’s error.
*
MOTION – MOVED by Ms. Lucas to approve staff’s recommendation for rezoning from HB-1
(Limited Business), to Public Conservation (PC) on CPA 15-11, recognizing whatever
scrivener’s error is on the north portion parcel designated as a Planned Unit Development
(PUD).
**
SECONDED by Ms. Hall
Carried UNANIMOUSLY
In addition, Mr. Moir commented on the issue of projects for coastal restoration and
environmental reuse, in particular for projects that have an aesthetic intention, he asked if
we should think about sites for projects such as ECO Art which is a public art form. He
added, this piece of property is being considered as a site for an ECO Art project.
Mr. Lawton said the primary objective of conservation land is to preserve and maintain the
land in its natural state. If ECO Art furthers that primary objective, it’s appropriate.
9.
Comprehensive Plan Amendment 15-12, IRP Water Treatment Plant – Request to consider
a Future Land Use Map Change from Commercial General to Institutional General on a 7.5
acre property located across from the Marriott Resort at Indian River Plant ation on
Hutchinson Island. There is no request at this time for a zoning change.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
CPA -15-12 IRP Water Treatment Plant
*
MOTION – MOVED by Ms. Lucas to approve the Future Land Use Map Change request CPA15-12, from Commercial General to Institutional General.
**
SECONDED by Ms. Hall
10.
IRP Water Treatment Plant (Quasi-Judicial)- An application for rezoning from PUD, Planned
Unit Development to PS-1, Public Service or the most appropriate zoning district regarding
Comprehensive Plan Amendment 15-12, IRP Water treatment Plant.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
Carried UNANIMOUSLY
*** There were no ex parte communication disclosures by Ms. Smith, Ms. Hall and Ms.
Lucas. Mr.Moir spoke with Mr. Mark Perry about this parcel.
*** No Interveners were present.
Ms. Storey explained some complications and encouraged using caution on the zoning in
the PUD. She commented the LPA might want to continue both items to the next meeting.
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Ms. van Vonno indicated the next two LPA meetings were full, and asked the LPA to meet
on the first Thursday in March, (March 5th) in order to accommodate the number of
applications. Further information on rescheduling was discussed.
In answer to Ms. Lucas’ question if changing the Land Use Map would tender these
negotiations, Mr.Lawton explained the Fl. Oceanographic Society is a non-profit agency and
would be allowed to continue to operate on General Institutional. He added it was Growth
Management Department’s opinion that the change to Institutional General will not affect
FOS’s licensing ability.
*** Mr. Moir said that was what Mark Perry told him as well (ex parte communications).
Ms. Storey did not foresee the Land Use change being an issue. Ms.Lucas believed there
was enough time to have any recommendations changed by the ne xt meeting and before it
goes before the BoCC.
No one from the public spoke on this item.
Staff recommended no action to be taken on the zoning at this time and the LPA agreed.
Ms. Storey’s earlier comments cautioned taking action relating to rezoning PUD’s. She
advised information on the contractural arrangement is related to the zoning district on the
property, and the zoning is still related to that PUD.
11.
Comprehensive Plan Amendment 15-13, River Cove- Request to consider a Future Land
Use Map Change from Commercial Waterfront to Institutional Recreational on a 5.2 acre
parcel located at the northeast landing of the Ernest F. Lyons Bridge across from Indian
River Plantation on Hutchinson Island.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
The property has plans to improve the parking area to include ADA-handicapped parking
and a school bus parking space, to add a non-motorized, boat, paddle-board drop-off area,
and to build a shaded pavilion with picnic tables. It also will include educational signs and
replanting of the shoreline with beach stabilizing vegetation.
CPA- 15-13 River Cove
Ms. Lucas questioned the parking lot and if it was paved, that Institutional Recreational
allows it to be paved, with a pervious surface, correct? Mr. Lawton was unsure about the
parking lot plans, adding they do want to be able to get a school bus in there. Mr. Moir said
it would have to be stabilized and ADA accessible.
Mr. Moir questioned the agreement for the “no net loss” policy for waterfront commercial
properties and said this property has a history of being accessible to for-profit rental
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arrangements. The County has been reluctant to allow sub-contractors to utilize boat
ramps around the County for pick-up and drop-off. This property has been used for a long
time by various individuals for access to the water. Does it come under the purview of the
Parks Dept., and are they interested and willing to flex? It has been valuable as an
environmental resource as access to get our youth into the water and he was conflicted and
had an issue with this.
Mr. Lawton commented that the recommendation is for recreational versus conservation,
and is for the many reasons just stated by Mr. Moir. It gives flexibility to use it in various
ways instead of limited to passive activity, just walking through trails. The “no net loss”
policy applies to residential use (re: Staff report, pg. 11/22) “…..that… the marine service
area shall not be developed or converted to permanent residential uses.” Mr. Moir
wondered if there were some alternatives. Mr. Lawton continued further reading from the
language of the “no net loss” policy.
No one from the public spoke on this item.
MOTION – MOVED by Ms. Lucas to recommended approval of the CPA -15-13 request that
the Future Land Use Map change from Commercial Waterfront to Institutional Recreation
and that a public workshop be held when this property is ready to be developed to let the
public decide on its use, due to the number of individuals who use it.
Mr. Moir again questioned whether this Causeway Property would be controlled by the
County’s Parks Department.
SECONDED by Ms. Hall
12.
Carried UNANIMOUSLY
River Cover, (Quasi-Judicial) – An application request CPA 15-13, River Cove for rezoning
from WRC, Waterfront Resort Commercial to PR, Public Recreation or the most appropriate
zoning district regarding Comprehensive Plan Amendment 15-13, River Cove.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
*** There were no ex parte communication disclosures by Ms. Smith, Ms. Lucas and Ms.
Hall. Mr. Moir spoke with Mark Perry and homeowners on this piece of property.
*** No Interveners were present
*
MOTION – MOVED by Ms. Lucas to approve the application for rezoning from WRC,
Waterfront Resort Commercial to PR, Public Recreation zoning district regarding
Comprehensive Plan Amendment 15-13, River Cove.
**
SECONDED by Ms. Hall
Carried UNANIMOUSLY
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13.
Comprehensive Plan Amendment 15-14, Crystal Beach – A request to consider a Future
Land Use Map Change from Low Density to Institutional Conservation on a 16.2 acre parcel
located on MacArthur Boulevard on Hutchinson Island, south of Santa Lucea Beach and
north of the House of Refuge.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
No one from the public spoke on this item.
CPA 15-14 Crystal Beach
Mr. Moir agreed that Institutional Conservation was the correct Future Land Use since we
are storing sand on it, and dredge spoils are permitted on this property. He would like to
continue with what we are considering as dredge spoils.
*
MOTION – MOVED by Ms. Lucas to approve staff’s recommendation to approve the request
for a Future Land Use Map Change from Low Density to Institutional Conservation on a 16.2
acre parcel located on MacArthur Boulevard on Hutchinson Island, south of Santa Lucea
Beach and north of the House of Refuge.
**
SECONDED by Ms. Hall
14.
Crystal Beach (Quasi-Judicial) – An application for rezoning from HR-1A, Single family
residential to PC, Public Conservation, or the most appropriate zoning district regarding
Comprehensive Plan Amendment 15-14, Crystal Beach.
Requested by: Martin County Board of County Commissioners
Presented by: Richard Lawton, Sr. Planner, Growth Management Department
Carried UNANIMOUSLY
*** EX parte communication disclosures by the LPA members: None for Ms. Hall, Ms.
Lucas and Ms. Smith. Mr. Moir spoke with a homeowner prior to reading the report.
*** No Interveners were present
No one from the public spoke on this item.
*
MOTION – MOVED by Ms. Lucas to approve an application for rezoning from HR-1A, Single
family residential to PC, Public Conservation regarding Comprehensive Plan Amendment 1514, Crystal Beach.
**
SECONDED by Ms. Hall
Carried UNANIMOUSLY
The LPA took a 10-minute break at 8:30 pm. The meeting resumed at 8:40 pm.
B. Requests and Presentations
1.
A workshop to discuss and consider an ordinance amending Article 3 to create a
new Division 8, Community Character Zoning Districts, Land Development
8010
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Comprehensive Plan Amendments to update
Land Use and Zoning designations on
county-owned property.
Richard Lawton, Planner II, Growth Management Department
Deborah Drum, Ecosystem Manager, Engineering Department
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Request:
 Comprehensive Plan Amendments to
change the future land use and zoning to
Institutional designations on seven
publicly-owned properties located on
Hutchinson Island.
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
Comprehensive Growth Management Plan
policies state that lands acquired by the
County for a public purpose must have its
land use changed to the appropriate
Institutional land use designation.
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The CGMP provides three Institutional
designations for public land:
 Institutional Conservation
 Institutional Recreational
 Institutional General
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Institutional Conservation:

The primary goal for land assigned the Conservation land use
is the preservation of the land in its natural state for public
enjoyment. Accessory uses and structures, such as parking,
restrooms, trails and public viewing areas are allowed to
facilitate public use of the land. Only development compatible
with conservation and passive recreation uses is permitted on
Conservation land. Recreational facilities such as ball parks
and tennis courts, boat ramps for motorized vessels, or other
uses which are incompatible with the preservation of native
lands are prohibited.
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Institutional Recreational:

Land assigned the Recreational land use
designation is intended for activity-based
recreational uses that provide recreational facilities
and substantial improvements for access to the
property. Recreational Lands can be used for active
recreation (ball parks), dredge spoil facilities,
educational institutions, fairgrounds, campgrounds,
commercial marinas, and recreational vehicle parks.
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Institutional General:

The General Institutional category accommodates public and
not-for-profit facilities such as schools, government buildings,
civic centers, prisons, major stormwater facilities, fire and
emergency operation centers, public cemeteries, hospitals,
publicly owned water and sewer systems, dredge spoil
management sites and airports. Other uses may include:
Investor-owned regional public water and sewer systems;
private cemeteries; privatized government operations; and
for-profit medical offices and other ancillary facilities owned by
a nonprofit hospital as long as they are part of a PUD.
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