bcc final agenda page 1 of 5 board of county commissioners agenda final agenda 12/12/2017 9:00:00 am...

12/12/2017 BCC Final Agenda Page 1 of 5 BOARD OF COUNTY COMMISSIONERS AGENDA FINAL AGENDA 12/12/2017 9:00:00 AM REGULAR MEETING MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Edward V. Ciampi, Chairman Harold E. Jenkins II, Vice Chairman Doug Smith Ed Fielding Sarah Heard Taryn Kryzda, County Administrator Sarah W. Woods, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller PRESETS 3A Public 9:05 AM 8A1 Office of Management and Budget Items which Require Board Approval 11:00 AM 8D1 All Aboard Florida Permit Challenge Update 1:30 PM 8A2 Review of the Property Assessed Clean Energy Program 2:00 PM 6C Second Public Hearing to Consider Adoption of an Ordinance Amending Article 3, Division 6, Section 3.262, Port Salerno Redevelopment Overlay District, Land Development Regulations 5:01 PM 11 Public 5:05 PM 1. CALL TO ORDER A. INVOCATION - Reverend Anil Singh, Trinity United Methodist Church of Jensen Beach B. PLEDGE OF ALLEGIANCE C. ADDITIONAL ITEMS D. APPROVAL OF AGENDA E. APPROVAL OF CONSENT AGENDA NOTE: Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the "Recommendation" as it appears on the Board item is the approved action. 2. PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS - None at this time. 1 of 504 12/12/2017 BCC Final Agenda Page 2 of 5 3. COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. 9:05 AM PRESET B. COMMISSIONERS C. COUNTY ADMINISTRATOR 4. CONSENT A. Clerk of the Circuit Court 1. Minutes of the November 28, 2017 Regular BCC Meeting. B. Department of Administration 1. CONTRACTS THAT MEET THE THRESHOLD FOR BOARD APPROVAL This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. If there are no items, a Supplemental Memorandum will not be attached. AGENDA ITEM: 808d7192 SUPPLEMENTAL MEMORANDUM (2 items) 2. BOARD OF COUNTY COMMISSIONERS APPROVAL OF WARRANT LIST FOR DISBURSEMENT VIA CHECKS AND ELECTRONIC PAYMENTS TO COMPLY WITH STATUATORY REQUIREMENTS The Clerk of the Circuit Court and Comptroller (Clerk) acts on behalf of the Board of County Commissioners (Board) for all financial transactions. To meet the statutory requirements of Florida Statute 136.06, requiring checks and electronic payments issued by the Board to be recorded in Board minutes, a warrant list created by the Clerk, is being submitted for approval and signature by the Chairman. Each warrant list will be for a specific period and presented to the Board for approval via the Consent Agenda. AGENDA ITEM: 80920350 3. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE APPOINTMENTS The Board is asked to confirm their appointments to the Comprehensive Economic Development Strategy Committee. AGENDA ITEM: 8090e8cc SUPPLEMENTAL MEMORANDUM 4. LOCAL PLANNING AGENCY SCHOOL DISTRICT APPOINTMENT The Board is asked to reconfirm the appointment of Kimberly Everman to be the School Districts non-voting representative on the Local Planning Agency. AGENDA ITEM: 8090e8cd 5. APPROVE THE SIGNING OF A CERTIFICATE OF APPRECIATION TO CAROL DRYBURGH UPON THE OCCASION OF HER RETIREMENT FROM SERVICE WITH THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS The Board will recognize Carol Dryburgh upon the occasion of her retirement from service with the Martin County Board of County Commissioners on December 19, therefore, the Board is asked to sign the Certificate. AGENDA ITEM: 80934624 ADDITIONAL ITEM 2 of 504 12/12/2017 BCC Final Agenda Page 3 of 5 5. BOARD AND COMMITTEE APPOINTMENTS - None at this time. 6. PUBLIC HEARINGS A. PUBLIC HEARING TO ADOPT NOTICE OF INTENT RESOLUTION REQUIRED BY SECTION 197.3632, FLORIDA STATUTES FOR SPECIAL ASSESSMENTS Estimated staff presentation: 10 minutes. Public hearing to adopt a non-binding resolution declaring the Boards intent to use the uniform method of collection for certain proposed non-ad valorem assessments that may be imposed within certain municipal service benefit units to be established for road paving and ancillary drainage, dredging services, storm water services and facilities, and water and/or wastewater. AGENDA ITEM: 80910f14 B. SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, DIVISION 7, CATEGORY C ZONING DISTRICT STANDARDS Estimated staff presentation: 10 minutes. The Board is asked to consider adoption of an amendment to Section 3.412, Land Development Regulations to recognize solar energy facilities and public stormwater projects along with their ancillary uses as permitted uses within the A-2 Agricultural District. AGENDA ITEM: 8092ea7a C. SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, DIVISION 6, SECTION 3.262, PORT SALERNO REDEVELOPMENT OVERLAY DISTRICT, LAND DEVELOPMENT REGULATIONS Estimated staff presentation: 15 minutes. The proposed amendments to the Port Salerno Code eliminate conflict and inconsistency and clarify applicability, while minimizing substantive changes. The Community Redevelopment Agency received a presentation and members had their questions answered at its meeting on June 26, 2017. At their meetings on August 10 and September 21, 2017, respectively, the Port Salerno Neighborhood Advisory Committee and the Local Planning Agency recommended approval. The first public hearing before the Board of County Commissioners was held on November 28, 2017. AGENDA ITEM: 8092f5fd 5:01 PM PRESET SUPPLEMENTAL MEMORANDUM 7. REQUESTS AND PRESENTATIONS - None at this time. 8. DEPARTMENTAL A. Department of Administration 1. OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL This is a placeholder on all Board meeting agendas in an effort to streamline the process for grant applications, awards, budget resolutions, budget transfers from reserves, and CIP amendments. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM: 808d715c 11:00 AM PRESET SUPPLEMENTAL MEMORANDUM (6 items) 3 of 504 12/12/2017 BCC Final Agenda Page 4 of 5 2. REVIEW OF THE PROPERTY ASSESSED CLEAN ENERGY PROGRAM Estimated staff presentation: 10 minutes. At the November 13, 2012 meeting, the Board of County Commissioners (BOCC) heard a presentation of the Martin County Strategic Energy Master Plan (SEMP), developed by D.C. Group of Florida, Incorporated. Included in the presentation was information about the Property Assessed Clean Energy Program (PACE). As a result, the Board of County Commissioners (BOCC) voted (December 17, 2013) to approve a resolution and the Interlocal Agreement with the Florida Green Finance Authority for a Martin County PACE Program. This agreement remained in place until it was terminated at the May 23, 2017 BOCC meeting. AGENDA ITEM: 80920e95 2:00 PM PRESET 3. BUSINESS DEVELOPMENT BOARD OF MARTIN COUNTY 2016-2017 ANNUAL AUDIT EXTENSION REQUEST Estimated staff presentation: 10 minutes. In accordance with the executed contract between the Business Development Board of Martin County (BDBMC) and the Martin County Board of County Commissioners (BCC) dated April 1, 2017, an annual financial audit is required by the organization. The BDBMC is requesting a 60 day extension for the 2016-17 audit. AGENDA ITEM: 8092541d B. Engineering 1. APPROVAL OF MAINTENANCE MAP FOR A PORTION OF SE MACARTHUR BOULEVARD (SOUTH HUTCHINSON ISLAND) AND A PORTION OF SW OLD JUPITER-INDIANTOWN ROAD TRAVELING ONE-HALF MILE SOUTH OF SR 76/SW KANNER HIGHWAY (WESTERN MARTIN COUNTY) Estimated staff presentation: 10 minutes. Pursuant to the provisions of Section 95.361, Florida Statutes, staff requests approval of two Maintenance Maps, one for a portion of SE MacArthur Boulevard (South Hutchinson Island), and the other for a portion of the Old Jupiter-Indiantown Road traveling one-half mile south of SR 76/SW Kanner Highway (Western Martin County). Approval will establish prima facie evidence of ownership of the land by the County to the extent and width that it has been actually maintained for the prescribed period. AGENDA ITEM: 808bcf3b QUASI JUDICIAL C. Growth Management 1. STAFF PRESENTATION ON COMPREHENSIVE GROWTH MANAGEMENT PLAN GOALS, OBJECTIVES AND POLICIES REGARDING THE COMMUNITY REDEVELOPMENT AREAS Estimated staff presentation: 15 minutes. At the November 28, 2017 Board of County Commissioners meeting, the Board directed staff to bring forth an agenda item reviewing Comprehensive Growth Management Plan Goals, Objectives and Policies regarding the Community Redevelopment Areas for the purpose of receiving direction from the Board regarding possible comprehensive plan amendments. AGENDA ITEM: 8092f6ba 4 of 504 12/12/2017 BCC Final Agenda Page 5 of 5 D. County Attorney 1. ALL ABOARD FLORIDA PERMIT CHALLENGE UPDATE Estimated staff presentation: 10 minutes. Discussion on the South Florida Water Management Districts Final Order issued in the administrative case: Martin and St. Lucie Counties v. All Aboard Florida, Florida East Coast and South Florida Water Management District, Case Nos.: 16-5718; 17-2566, Florida Division of Administrative Hearings. AGENDA ITEM: 8093373a 1:30 PM PRESET ADDITIONAL ITEM 9. WORKSHOP - None at this time. 10.COMMISSIONERS - None at this time. 11.PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 12.ADJOURN 5 of 504 808d7192 4B1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: CONTRACTS THAT MEET THE THRESHOLD FOR BOARD APPROVAL AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Various Department of Administration Nicole Carey Name: Purchasing Manager Procedures: None EXECUTIVE SUMMARY: This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. If there are no items, a Supplemental Memorandum will not be attached. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: This item serves as a placeholder for those items that meet the threshold for Board approval for contracts over $500,000 and contract change orders or amendments that meet the $500,000 threshold and cumulatively increase the original contract value by 10% or more. 6 of 504 808d7192 ISSUES: None. LEGAL SUFFICIENCY REVIEW: Items requiring approval provided via Supplemental Memorandum. RECOMMENDED ACTION: RECOMMENDATION Provided via Supplemental Memorandum. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. FISCAL IMPACT: RECOMMENDATION Provided by Supplemental Memorandum. No items will be brought forward unless there is funding available within the CIP, department budget, or reserves. ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 7 of 504 BCC MEETING DATE: December 12, 2017 AGENDA ITEM: 4B1 Page 1 of 2 adm2018M68 SUPPLEMENTAL.docx MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM TO: Honorable Members of the Board of County Commissioners DATE: December 6, 2017 VIA: Taryn Kryzda County Administrator FROM: Nicole Carey Purchasing Manager SUBJECT: CONTRACTS THAT MEET THE THRESHOLD FOR BOARD APPROVAL A. CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA) CONTRACT AWARD - In accordance with the Purchasing Manual, Section 3.1, CCNA contracts valued at $200,000 or more require approval by the Board of County Commissioners. 1. Coastal Environmental Consulting coastal environmental monitoring and consulting services on an as needed basis including but not limited to beach renourishment projects, St. Lucie Inlet maintenance, coastal restoration, artificial reef construction, marine and estuarine habitat monitoring, mapping and restoration. Professional services required from the Consultant may include, but are not limited to: Marine turtle survey work Shore bird monitoring Impact assessment for beach nourishment projects Benthic habitat monitoring Monitoring and mapping of marine and estuarine habitats Monitoring and analysis of fish populations Water quality analysis Turbidity monitoring on coastal construction projects Coastal upland habitat analysis Acquisition of and adherence to state and federal permit requirements GIS based data management and environmental mapping Report writing Development of public education materials Six firms responded to a Request for Qualifications (RFQ) and a Selection Committee recommended two firms for contract award (score sheet attached). Maximum Not-to-Exceed Value: $2,500,000 Maximum Not-to-Exceed Term: 5 years The contract shall terminate when the cumulative expenses reach the maximum value or term, whichever comes first. The contract is a standard form of Agreement approved by the County Attorney which allows for termination for cause or convenience at any time. 8 of 504 BCC MEETING DATE: December 12, 2017 AGENDA ITEM: 4B1 Page 2 of 2 adm2018M68 SUPPLEMENTAL.docx Fiscal Impact: Funding for individual projects is available in the Coastal Division operating and/or capital budget approved by the Board annually. Recommended Action: Move that the Board award contracts to Coastal Eco-Group and Ecological Associates. 2. Planning Services for Community Redevelopment Areas planning services such as urban design and graphics, market studies, economic cost/benefit analysis, redevelopment incentive programs, stormwater analysis studies, historic preservation, wayfinding and signage programs, landscaping concepts, creative place making, business attraction and retention strategies, and parking solutions on an as needed basis. These services will be provided in conjunction with the operation, maintenance and implementation of the Community Redevelopment Area (CRA) plans. Professional services may include, but are not limited to: Town Center/village-scale redevelopment strategies planning Conceptual drawings and graphic analyses Public/private development assessment, solicitation, evaluation, negotiations Fiscal/Economic impact analysis, cost-benefit calculations, incentive studies Research studies, data collection, and report generation CAD/GIS drawing and mapping services Stormwater masterplan implementation strategies Infrastructure planning for bicycle pedestrian trails network connectivity Seven firms responded to a Request for Qualifications (RFQ) and a Selection Committee recommended five firms for contract award (score sheet attached). Maximum Not-to-Exceed Value: $2,500,000 Maximum Not-to-Exceed Term: 5 years The contract shall terminate when the cumulative expenses reach the maximum value or term, whichever comes first. The contract is a standard form of Agreement approved by the County Attorney which allows for termination for cause or convenience at any time. Fiscal Impact: Funding for individual projects is available in the Community Development Division operating and/or capital budget approved by the Board annually. Recommended Action: Move that the Board award contracts to Bowman Consulting, Edgewater Resources, GAI Consultants, Lambert Advisory and Redevelopment Management Associates. 9 of 504 10 of 504 11 of 504 80920350 4B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: BOARD OF COUNTY COMMISSIONERS APPROVAL OF WARRANT LIST FOR DISBURSEMENT VIA CHECKS AND ELECTRONIC PAYMENTS TO COMPLY WITH STATUATORY REQUIREMENTS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Clerk of the Circuit Court and Comptroller Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: The Clerk of the Circuit Court and Comptroller (Clerk) acts on behalf of the Board of County Commissioners (Board) for all financial transactions. To meet the statutory requirements of Florida Statute 136.06, requiring checks and electronic payments issued by the Board to be recorded in Board minutes, a warrant list created by the Clerk, is being submitted for approval and signature by the Chairman. Each warrant list will be for a specific period and presented to the Board for approval via the Consent Agenda. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: 12 of 504 80920350 In reviewing financial practices, the Clerk felt it was appropriate to initiate a warrant list to be approved and entered into the Board minutes each meeting to reflect disbursements that have been made by the Clerk on behalf of the board. Each warrant list will be for a specific period and will categorize the disbursements. Individual disbursements detail is available for viewing on the Clerks website. ISSUES: This is a formality to meet statutory requirements of Florida Statute 136.06. LEGAL SUFFICIENCY REVIEW: n/a RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the Warrant List for the period of November 17 through November 30, 2017 and authorize the Chairman to sign. ALTERNATIVE RECOMMENDATIONS n/a FISCAL IMPACT: RECOMMENDATION The disbursements are made in accordance with the adopted budget. ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 13 of 504 14 of 504 8090e8cc 4B3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE APPOINTMENTS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Treasure Coast Regional Planning Council Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: The Board is asked to confirm their appointments to the Comprehensive Economic Development Strategy Committee. APPROVAL: LEG CA BACKGROUND/RELATED STRATEGIC GOAL: The purpose of the Comprehensive Economic Development Strategy Committee, in accordance with U.S. Economic Development Administration Guidelines for Economic Development Districts (1992), is to oversee and guide District-wide economic development planning. The Committee will develop 15 of 504 8090e8cc strategies to address economic development issues including the diversification of the District economy and job expansion. Members share information, advise the Economic Development District on areas of economic data development, and create a consensus plan of action. The Strategy Committee is responsible for developing, implementing, revising, or replacing the CEDS. The Strategy Committee is also responsible for outlining the methodology for cooperating and integrating the CEDS with a States economic priorities, and incorporating relevant material from other government sponsored or supported plans and ensuring consistency with applicable state and local workforce investment strategies. Each County Commissioner appoints one individual and one alternate; the terms are from January to December of each year; and the Committee meets every other month. On October 16, 2017, the Administration Staff advised the Commission Executive Aides that their Commissioners representatives terms on the Comprehensive Economic Development Strategy Committtee would expire on December 31, 2017. Attached are applications from the Commissions representatives. The Administration staff will advise the members of the Commissions decision which will include Sunshine Law information. Letters and Certificate of Appreciation will be mailed to any members not reappointed. The Chairman will sign the letters and certificates. ISSUES: If Commissioners Heard and Smith submit their representatives information, it will be submitted via Supplemental Memorandum. LEGAL SUFFICIENCY REVIEW: To the extent this item contains legal issues; it has been reviewed for legal sufficiency, although this is primarily a matter of Board policy. RECOMMENDED ACTION: RECOMMENDATION Move that the Board confirm the appointment of the following to the Comprehensive Economic Development Strategy Committee (member and alternate) for terms to begin January 1, 2018 and end December 31, 2018: District 1..................x ................................................................x District 2..................Kevin Kryzda .............................................none District 3..................Angela Hoffman.........................................none District 4..................x ................................................................x District 5..................Scott Rodriquez.........................................none ALTERNATIVE RECOMMENDATIONS 16 of 504 8090e8cc Pull this item from the Consent Agenda. Direct staff accordingly. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment X Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA X LEG 17 of 504 Comprehensive Economic Development Strategy Committee This is not a Board of County Commission established Committee. Powers & Duties: The purpose of the Committee, in accordance with U.S. Economic Development Administration Guidelines for Economic Development Districts (1992), is to oversee and guide District-wide economic development planning. The Committee will develop strategies to address economic development issues including the diversification of the District economy and job expansion. Members share information, advise the Economic Development District on areas of economic data development, and create a consensus plan of action. The Strategy Committee is responsible for developing, implementing, revising, or replacing the CEDS. The Strategy Committee is also responsible for outlining the methodology for cooperating and integrating the CEDS with a States economic priorities, and incorporating relevant material from other government sponsored or supported plans and ensuring consistency with applicable state and local workforce investment strategies. How Appointed: Five members are appointed from Martin County. Terms: The terms are from January to December of each year. Meetings: The Committee meets every other month. Contact: Treasure Coast Regional Planning Council (TCRPC) ~ (772) 221-4066 Member Position Appointed Term End Bill West Jr. Commission District 1 01/01/2014 12/31/2017 Ed Maxwell Commission District 2 01/01/2011 12/31/2017 Frank Tidikis Commission District 2 ALTERNATE 01/01/2014 12/31/2017 Ike Crumpler Commission District 3 01/01/2017 12/31/2017 Pauline Becker Commission District 4 11/19/2002 12/31/2017 Kathie Smith Commission District 4 ALTERNATE 01/22/2008 12/31/2017 VACANT Commission District 5 12/31/2017 VACANT Commission District 5 ALTERNATE 12/31/2017 18 of 504 19 of 504 20 of 504 21 of 504 22 of 504 23 of 504 24 of 504 25 of 504 26 of 504 27 of 504 28 of 504 29 of 504 30 of 504 31 of 504 32 of 504 Name of Board/Committee: Agency/Commission Diskict lNFORMAT10N FOR APPOINTMENT TO COUNTY BOARDS,COMMITTEES,TASK FORCES You Represent: C OE M M=M PLEASE PRINT %/ , StreeUCity/Zip Code Maing Address: (r different) Streetycity/zip cOde Tdephone numbedame 2 5` Area Codes are cOnsidered 772 unless you note othenise arternate: jLl 6fr%U 7 a\e^ate: TYPE OF OFFENSEDATE PLACE(Clty,State)SENTENCE OR FINE A conviction record does not necessaily disqualify you for consideration. factors sucn as age at time of offense, nature of violation, and rehabilitation will be considered- EMAIL: Have you ever pled guty no contest''to a crime, been convicted of a crime, had adludicatiOn withheld, prOsecution deferred,been placed on probation,received a suspended sentence orforfeited bain connection Ii 31:t di tte e " m hdtth9"w e se provide the foowing informationi The Maftin County Boad of County Commissioners rctains the ight to remove, at witl, any appointee to a Board or Committee with or without cause. EDUCATION/EXPERIENCE: A resume is recommended to be attached containing this and any other information that would be helpfufto the Board in evaluating your application. Resume or letter of qualifications attached? E yes d no Education: CONttNUED Name: Residence Address: 33 of 504 dgordon Received % Other experience you feel would like the Commission to know about you: Community Experience and Affiliations: ? Other County Boards/Committeesffask Forces on which you have served: Do you or any member of your immediate family work for Martin County or hold a position that might conflict with your duties for this Board/Committee/Task Force? lf yes, please explain: /UO REFERENCES: P!easest tto references: v 50/ zz-rJQ7 . Applicants mav be required by State Law and County Ordinance to file a Financial Disclosure Statement as ' part ofthe appOintment process Under penalties of perlury,l declare thatl have read the foregoing and that the facts stated in it are true (PurSuantto Section 92 525 F:orida Statutes,falsifying this appcatiOn is a Third Degree Felony punishable by up to lve years imprisonment and up to a S5,000 1ne) Florida law prohibls an advisory board memberfrom doing business wlh lts agency(the COunty) SeCt10n l12313(3)and(7),Fla Stat ) Signature: Datei ^//7 All information submitted becomes public record. Florida law prohibits an advisory board member from doing business with its agency (the County), Section 112.313(3) and (7), Fla. Stat. 34 of 504 BCC MEETING DATE: December 12, 2017 AGENDA ITEM: 4B3 Page 1 of 1 adm2018M64 SUPPLEMENTAL MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM TO: Honorable Members of the Board of County Commissioners DATE: VIA: Taryn Kryzda County Administrator FROM: Donna Gordon, Executive Aide REF: 809e8cc SUBJECT: COMPREHENSIVE ECONOMIC DEVELOPMENT STRAGEY COMMITTEE APPOINTMENTS Attached are two applications from Commissioners Smith and Heards representatives that were received after the Agenda Item was submitted. REVISED RECOMMENDED ACTION: Move that the Board confirm the appointments of the following to the Comprehensive Economic Development Strategy Committee for terms to begin January 1, 2018 and end December 31, 2018: District 1 ................. Ted Astolfi ................................................. no alternate District 2 ................. Kevin Kryzda............................................. no alternate District 3 ................. Angela Hoffman ........................................ no alternate District 4 ................. Kathie Smith.............................................. no alternate District 5 ................. Scott Rodriquez ........................................ no alternate TK/dg Attachments Reviewed by County Attorneys Office 35 of 504 36 of 504 37 of 504 38 of 504 39 of 504 40 of 504 41 of 504 42 of 504 43 of 504 44 of 504 8090e8cd 4B4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: LOCAL PLANNING AGENCY SCHOOL DISTRICT APPOINTMENT AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Growth Mgmt Dept Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: The Board is asked to reconfirm the appointment of Kimberly Everman to be the School Districts non-voting representative on the Local Planning Agency. APPROVAL: GMD LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: In 2002, the Board of County Commissioners approved the appointment of a School District representative being a non-voting member of the Local Planning Agency. The School District is 45 of 504 8090e8cd reappointing Kimberly Everman, Capital Projects/Planning Specialist, to be their representative with a term to begin January 1, 2018 and end December 31, 2018. ISSUES: None. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law. RECOMMENDED ACTION: RECOMMENDATION 1. Move that the Board reconfirm the appointment of Kimberly Everman to be the School Districts non-voting representative on the Local Planning Agency for a term to begin January 1, 2018 and end December 31, 2018. 2. Move that the Board authorize the Chairman to sign the Resolution of Appointment. ALTERNATIVE RECOMMENDATIONS 1. Pull this item from the Consent Agenda. 2. Discuss and direct staff. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD X GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 46 of 504 Local Planning Agency Created Pursuant to LDR s. 9.3 Powers & Duties: The powers and duties of the LPA are established in Article 9, LDR and include but are not limited to the following: Review and recommend to the Board of County Commissioners for approval, approval with modifications, or denial certain development applications pursuant to Article 10, Development Review Procedures. Upon authorization by the Board of County Commissioners, to make its special knowledge and expertise available to any official, department, board, or agency. Review and recommend for approval, approval with modifications, or denial revisions to the Land Development Regulations pursuant to Article 10, Development Review Procedures. Adopt rules of procedure not inconsistent with the provisions of the Land Development Regulations. How Appointed: The LPA shall be composed of five members appointed by the Board of County Commissioners. One member shall be appointed from each county commission district. Prior to the appointment, the member shall have been a registered voter in the district for at least one year. On July 23, 2002, the BCC approved the appointment of the school district as a non-voting member who shall attend those meetings at which the LPA considers comprehensive plan amendments or rezonings that would, if approved, increase residential density on the property that is the subject of the application. Terms: The term of office of each member shall coincide with the term of office of the County Commissioner representing the district from which the member was appointed. The term of the school district representative would be at the pleasure of the Martin County Superintendent of Schools. Meetings: Meetings are held at least once a month. Staff Liaison: Nicki Van Vonno, Growth Management Director Member Position Appointed Term End Cynthia Hall Commission District 1 12/16/2014 11/15/2020 Joseph Banfi Commission District 2 04/11/2017 11/15/2018 Donald Foley III Commission District 3 03/17/2015 11/15/2020 James Moir Commission District 4 11/19/2002 11/15/2018 Scott Watson Commission District 5 11/22/2016 11/15/2020 Kimberly Everman Martin County School District 01/01/2016 12/31/2017 47 of 504 48 of 504 49 of 504 50 of 504 51 of 504 52 of 504 53 of 504 54 of 504 55 of 504 56 of 504 57 of 504 58 of 504 59 of 504 60 of 504 61 of 504 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER 17-12.x A RESOLUTION PERTAINING TO THE APPOINTMENT OF A MEMBER TO THE LOCAL PLANNING AGENCY WHEREAS, the Local Planning Agency was established pursuant to Section 9.3.A., Land Development Regulations; and WHEREAS, Section 9.3.B., Land Development Regulations establishes the number of members and the required qualifications of such members; and WHEREAS, the following individual meets the described qualifications and is aware of the purpose, duties, and responsibilities of service on the Local Planning Agency. NOW THEREFORE BE IT RESOLVED THAT, the Board of County Commissioners hereby appoints Kimberly Everman to serve on the Local Planning Agency for a term to begin January 1, 2018 and end December 31, 2018. Duly adopted this 12 th day of December 2017. BOARD OF COUNTY COMMISSIONERS ATTEST: MARTIN COUNTY, FLORIDA ________________________________ ________________________________________ CAROLYN TIMMANN, CLERK OF THE __________________________, CHAIRMAN CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM & LEGAL SUFFICIENCY: ________________________________________ SARAH W. WOODS, COUNTY ATTORNEY 62 of 504 63 of 504 dgordon Received dgordon New Stamp 64 of 504 80934624 4B5 ADDITIONAL ITEM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: APPROVE THE SIGNING OF A CERTIFICATE OF APPRECIATION TO CAROL DRYBURGH UPON THE OCCASION OF HER RETIREMENT FROM SERVICE WITH THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Fire Rescue Dept Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: The Board will recognize Carol Dryburgh upon the occasion of her retirement from service with the Martin County Board of County Commissioners on December 19, therefore, the Board is asked to sign the Certificate. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: n/a ISSUES: 65 of 504 80934624 none LEGAL SUFFICIENCY REVIEW: n/a RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the signing of the Certificate for Carol Dryburgh that will be presented to her at the December 19, 2017 Meeting. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Direct staff accordingly. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution 1 Other: Certificate upon the Occasion of Carol Dryburghs Retirement ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 66 of 504 80910f14 6A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: PUBLIC HEARING TO ADOPT NOTICE OF INTENT RESOLUTION REQUIRED BY SECTION 197.3632, FLORIDA STATUTES FOR SPECIAL ASSESSMENTS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: John Polley, Utilities & Solid Waste Director Utilities and Solid Waste Phil Keathley Name: Senior Project Manager Procedures: None EXECUTIVE SUMMARY: Estimated staff presentation: 10 minutes. Public hearing to adopt a non-binding resolution declaring the Boards intent to use the uniform method of collection for certain proposed non-ad valorem assessments that may be imposed within certain municipal service benefit units to be established for road paving and ancillary drainage, dredging services, storm water services and facilities, and water and/or wastewater. APPROVAL: ADM ENG LEG ACA CA 67 of 504 80910f14 BACKGROUND/RELATED STRATEGIC GOAL: On April 9, 1996, the Board enacted Ordinance No. 493, the Master Special Assessment Ordinance providing that future capital improvement projects for certain services throughout unincorporated areas be accomplished by creating municipal service benefit units assessing properties specially benefitted by the proposed capital improvements and providing the collection of such special assessments by the uniform collection method. Section 197.3632, Florida Statutes, requires that the County hold a public hearing and adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. The resolution, which does not obligate the County either to use the uniform method of collection or to impose any one special assessment, must be adopted by January 1, 2018 and sent to the Tax Collector, the Property Appraiser and the Department of Revenue by January 10, 2018. Additionally, Section 197.3632, Florida Statutes, requires the notice of the public hearing to adopt the resolution of intent to be published for (4) four consecutive weeks immediately preceding the date of the hearing which is required by December 31, 2017 unless the Property Appraiser and Tax Collector agree to extend the deadline to March 10, 2018. The notice of intent was advertised on November 20th, November 27th, December 4th and December 11th, 2017. ISSUES: None LEGAL SUFFICIENCY REVIEW: Chris Traber, the Countys Special Assessment Counsel, has reviewed the resolution and the agenda summary and confirmed that the form of each is proper. RECOMMENDED ACTION: RECOMMENDATION Move that the Board accept public comment and adopt the resolution of intent to use the uniform method of collection for non-ad valorem assessments for a proposed series of special assessments within certain municipal services benefit units to be established for roads and ancillary drainage, storm water services and facilities, and water and/or wastewater and dredging. ALTERNATIVE RECOMMENDATIONS Move that the board does not adopt the resolution. FISCAL IMPACT: RECOMMENDATION 68 of 504 80910f14 None, as the resolution in and of itself does not create any assessment district nor does it create a financial obligation to the County. ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: X ADM _ BLD _ CDD _ COM X ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 69 of 504 RESOLUTION NO. _____ WHEREAS, the Board of County Commissioners (the Board) of Martin County, Florida (the County) is contemplating the imposition of special assessments over a number of years to fund the cost of providing: (i) improvements to ancillary drainage facilities; (ii) road paving; (iii) dredging services; (iv) stormwater services and facilities improvements; and (v) water and/or wastewater services and facilities improvements, located in separate, to be established, municipal service benefit units within certain unincorporated areas of the County; and WHEREAS, the Board intends to use the uniform method for collecting non-ad valorem special assessments imposed over a number of years for the cost of providing such services and facilities to property within the unincorporated area and certain incorporated areas of the County described herein, as authorized by Section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2018, in the same manner as provided for ad valorem taxes; and WHEREAS,the Board held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, AS FOLLOWS: 1. Commencing with the Fiscal Year beginning on October 1, 2018, and with the tax statement mailed for such Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, to collect special assessments imposed over a number of years to fund the cost of providing: (i) improvements to ancillary drainage facilities; (ii) road paving; (iii) dredging services; (iv) stormwater services and facilities improvements; and (v) water and/or wastewater services and facilities improvements. Such non-ad valorem assessments may be levied within certain portions of the unincorporated area and certain incorporated areas of the County. A legal description of such areas subject to the imposition of such special assessment is attached hereto as Exhibit B and incorporated herein by reference. 2. The Board hereby determines that the levy of such non-ad valorem assessments is needed to fund the cost of providing necessary improvements to ancillary drainage facilities, road paving, dredging services, stormwater services and facilities improvements, and water and/or wastewater services and facilities improvements within the areas described in Exhibit B. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN PORTIONS OF THE UNINCORPORATED AREA OF THE COUNTY DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 1 70 of 504 3. Upon adoption, the Clerk of the Circuit Court as Clerk to the Board, is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Martin County Tax Collector, and the Martin County Property Appraiser by January 10, 2018. 4. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this ___day of__________, 2017. BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA __________________________ Doug Smith, Chairman (SEAL) Attest: ________________________________ Carolyn Timmann, Clerk of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGALITY: By:_______________________________ Sarah Woods, County Attorney 71 of 504 EXHIBIT A PROOF OF PUBLICATION [PLEASE INSERT PROOF OF PUBLICATION] 72 of 504 EXHIBIT B ASSESSMENT AREA: Port Salerno Community Redevelopment Area Generally described as being bounded on the north by S.E. Westfield Street, on the east by S.E. Dixie Highway, on the south by S.E. Cove Road, and on the west by Finley Avenue; together with the area east of S.E. Dixie Highway generally described as being bounded on the north by S.E. Mulford Lane, on the east by the manatee pocket and on the south by Azimuth Way and the west by S.E. Dixie Highway; together with New Monrovia generally described as being bounded on the north by S.E.Cove Road, on the east by S.E. Dixie Highway, on the south by S.E. Murray Street, and on the west by S.E. 43rd Street; together with Dixie Park generally described as being bounded on the north by S.E. Dixie Highway, on the east by Grafton Drive, on the south by Jenkins Street and on the west by Inez Avenue; together with Salerno Shores generally described as being bounded on the northwest and north by the Manatee Pocket, on the east by Manatee Creek, on the southwest by A-1-A (Dixie Hwy.) and on the south east by S.E. Cove Road. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Palm City Community Redevelopment Area A Parcel of Land Lying in a Portion of the Plat of The Cleveland Addition as Recorded in Plat Book 10, Page 78, a Portion of Plat of The Cleveland 2nd Addition as Recorded in Plat Book 11, Page 63, a Portion of the Plat of Palm City Amended as Recorded in Plat Book 6, Page 42, a Portion of the Plat of Palm City as Recorded in Plat Book 2, Page 24, a Portion of the Plat of Palm City Farms as Recorded in Plat Book 6, Page 42, a Portion of The Amended Plat of Belle View Court as Recorded in Plat Book 11, Page 78, all of the Public Records of Palm Beach (Now Martin) County, Florida, and a Portion of the Plat of St. Lucie Vista as Recorded in Plat Book 1, Page 93, the Plat of St. Lucie Shores Section No. 1 as Recorded in Plat Book 3, Page 58, the Plat of St. Lucie Shores Section No. 2 as Recorded in Plat Book 3, Page 90, the Plat of Katel Place as Recorded in Plat Book 1, Page 61, the Plat of Margolo Estates as Recorded in Plat Book 7, Page 37, a Portion of the Plat of Palm City Gardens as Recorded in Plat Book 1, Page 19, the Plat of Harwin No. 1 Minor as Recorded in Plat Book 5, Page 34, the Plat of Townsend and Coffrin Addition to Palm City as Recorded in Plat Book 1, Page 38, the Plat of Just Away as Recorded in Plat Book 10, Page 27, the Plat of Skelton Minor Plat No. 1 as Recorded in Plat Book 6, Page 64, the Plat of Rastrellis Minor Replat as Recorded in Plat Book 5, Page 39, the Plat of Marcys Subdivision No. 1 as Recorded in Plat Book 5, Page 60, the Plat of Rastrellis Minor Plat No.3 as Recorded in Plat Book 5, Page 84, all of the Public Records of Martin County, Florida, that Certain Land known as Leighton Park Lying in a Portion of Section 18, Township 38 South, Range 41 East, and a Portion of Government Lot 3, Section 18, Township 38 South, Range 41 East SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Jensen Beach Community Redevelopment Area Generally described as being bounded on the north by the Jensen Beach Causeway, on the east by the Intracoastal Waterway, on the south by Melaleuca and Cypress Vitle Streets and on the west by the F.E.C. Railroad. SERVICES/FACILITIES:Water and/or Wastewater ASSESSMENT AREA: Rio Community Redevelopment Area Generally described as being bounded on the northwest by the F.E.C. Railroad, on the north by N.E. Pine Ridge Street, on the east by S.R. 707/ Dixie Highway, on the south by the St. Lucie River and on the west by the intersction of the F.E.C. Railway and N.W. Alice Street. 73 of 504 SERVICES/FACILITIES:Water and/or Wastewater ASSESSMENT AREA: Rocky Point Generally described as being bounded on the north by the St. Lucie River, on the east by the Intracoastal Waterway, on the west by the Manatee Pocket and on the south by S.E. Cove Road. SERVICES/FACILITIES:Water and/or Wastewater ASSESSMENT AREA: Golden Gate Neighborhood Planning Area Wastewater Generally described as being bounded on the west by S.E. Dixie Highway, on the east by S.E. Hemlock Drive and S.E. St. Lucie Blvd., on the south by S.E. Kensington Street and on the north by S.E. Normand Street. SERVICES/FACILITIES:Water and/or Wastewater ASSESSMENT AREA: NORTH RIVER SHORES Wastewater Phase 2 North River Shores The plats of North River Shores as recorded in plat book 3, page 45, plat book 3, page 50, plat book 3, page 78, plat book 3, page 80, and plat book 3, page 88 excluding any properties within the Stuart City Limits, all public records Martin County, Florida; SERVICES/FACILITIES:Wastewater North River Forest The plat of North River Forest as recorded in plat book 4, page 21, records of Martin County, Florida; further described as being bounded on the north by Fork Road, on the east by Sunset Estates, plat I, on the south by the St. Lucie River, and the west by Cocoanut Park. SERVICES/FACILITIES: Wastewater Sunset Estates The plats of Sunset Estates as recorded in plat book 3, page 38 and plat book 2, page 43, records of Martin County, Florida; further described as being bounded on the north by Fork Road, on the east by Bahama Terrace Subdivision, on the south by the St. Lucie River, and the west by North River Forest Subdivision. SERVICES/FACILITIES:Wastewater Cocoanut Park The plat of Cocoanut Park as recorded in plat book 2, page 70, records of Martin County, Florida; further described as being bounded on the north by North River Shores, on the east by North River Shores and North River Forest, on the south & west by the St. Lucie River. SERVICES/FACILITIES:Wastewater ASSESSMENT AREA: TROPICAL ESTATES: Sunshine Parkway Manor Sunshine Parkway Subdivision 001, generally described as being bounded on the north by St. Lucie Inlet Farms, on the east by the Florida Turnpike, on the south by Sawtell Subdivision, and on the west by Wildwood Drive. SERVICES/FACILITIES:Water and/or Wastewater 74 of 504 James Villa The plat of James Villa as recorded in plat book 3, page 13; public records of Martin County, FL. SERVICES/FACILITIES:Water and/or Wastewater Queens Park The unrecorded subdivision of Queens Park, to include all properties adjacent to University Street, George Street, and College Street. SERVICES/FACILITIES:Water and/or Wastewater Locks Point The plat of Locks Point as recorded in plat book 11, page 97; public records of Martin County, Florida. SERVICES/FACILITIES:Water and/or Wastewater Roebuck The plat of Roebuck as recorded in plat book 9, page 49; public records of Martin County, Florida. SERVICES/FACILITIES:Water and/or Wastewater Oak Hammocks The plat of Oak Hammocks as recorded in plat book 12, page 7; public records of Martin County, Florida. SERVICES/FACILITIES:Water and/or Wastewater ASSESSMENT AREA: Palm Brook Estates The Plat of Palm Brook Estates as recorded in plat book 12, page 14, public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Fern Creek The plat of Fern Creek as recorded in plat book 8, page 43, public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Evergreen Club The plat of Mid-Rivers Yacht & Country Club Phase 1 as recorded in plat book 7, page 23 and the plat of Mid-Rivers Yacht & Country Club Phase 2 as recorded in plat book 7, page 60, public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Sunset Trail Area Generally described as being bounded on the north by Sunset Trail, on the east by Mapp Road, on the west by Berry Avenue and on the south by S.W. Ulmus Place, a drainage ditch and The Villas subdivision. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Pinecrest Lakes and Town & Country Estates The plats of Pinecrest Lakes phases 1 thru 9 as recorded in plat book7, page 79, 75 of 504 Plat book 8, page 51, plat book 9, page 20, plat book 9, page 55, plat book 10, page 30, plat book 10, page 60, plat book 10, page 97, plat book 11, page 47 and plat book 11, page 51. Also the plats of Town & Country Estates Phases 1 & 2 as recorded in plat book 7, page 20, and plat book 7, page 43, all public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Hideaway Isles and Magnolia Bluff The plat of Hideaway Isles Subdivision as recorded in plat book 3, page 92, the plat of Hideaway Isles Section 2 as recorded in plat 3, page 113, the plat of Hideaway Isles section 3 as recorded in plat book 3, page 124 and Hideaway Isles section 4, unrecorded, and the plat of Magnolia Bluff as recorded in plat book 10, page 45, all public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Beau Rivage East The plat of Beau Rivage East as recorded in plat book 3, page 117; public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Beau Rivage West The plat of Bay Colony of Stuart as recorded in plat book 19, page 1 and the plat of Bay Colony of Stuart as recorded in plat book 19, page 7 and the plat of Beau Rivage Estates as recorded in plat book 20, page 4 and the plat of Beau Rivage Heights as recorded in plat book 14, page 33 and the plat of Beau Rivage Plat No. 1 as recorde3d in plat book 11, page 24 and the plat of Beau Rivage Plat No. 2 as recorded in plat book 11, page 25 and the plat of Beau Rivage Plat No. 4 as recorded in plat book 11, page 33 and the plat of Blair Development as recorded in plat book 34, pages 8&8A and the plat of Carmel at Beau Rivage as recorded in plat book 26, pages 10&10A and the plat of Eventide Unit One as recorded in plat book 29, pages 11&11A and the plat of Eventide Unit Two as recorded in plat book 34, pages 5&5A and the plat of Howard Creek Estates as recorded in plat book 53, pages 18&19 and the plat of The Plantations as recorded in plat book 19, page 4, all public records of St. Lucie County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Cove Point The plat of Cove Point as recorded in plat book 3, page 39, public records of Martin County, Florida. Being more generally described as bounded on the South by Ranch Colony and on the South and West by the Loxahatchee River, bounded on the North by Ranch Colony and on the East by Country Club Drive. SERVICES/FACILITIES: Water ASSESSMENT AREA: Jensen Beach North Generally described as bounded on the South by Jensen Beach Boulevard, on the East by the Indian River, bounded on the North by the N. E. County Line Road, bounded on the West by Savannah Road. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Pine Grove The plat of Pine Grove as recorded in plat book 8, page 89, public records of Martin County, Florida. 76 of 504 SERVICES/FACILITIES: Water ASSESSMENT AREA: South Fork Estates The plat of South Fork Estates as recorded in plat book 12, page 29, public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: SW Edwards Ave. Generally described as all lots adjacent to, or which have sole legal access directly, by easement, or indirectly via only an unopened road, on SW Edwards Ave. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: SW Virginia Ave. Generally described as all lots adjacent to, or which have sole legal access directly, by easement, or indirectly via only an unopened road, on SW Virginia Ave. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: SE Seminole Terrace & SE Pine Grove Street Generally described as all lots adjacent to, or which have sole legal access directly, by easement, or indirectly via only an unopened road, on SE Seminole Terrace and SE Pine Grove Street SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Old Palm City Area Generally described as being bounded on the north by Martin Downs Boulevard, on the east by the South Fork of the St. Lucie River, on the south by the north line of Pipers Landing and on the west by S.W. Berry Avenue. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Crane Creek Country Club The plat of Crane Creek Country Club Phase I as recorded in plat book 9, page 36, Crane Creek Country Club Phase II as recorded in plat book 7, page 28, Crane Creek Country Club Phase III as recorded in plat book 7, page 74, Crane Creek Country Club Phase IV as recorded in plat book 7, page 75, all public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Crane Creek Racquet Club The plat of Crane Creek Racquet Club Phase 1 as recorded in plat book 10, page 24, Crane Creek Racquet Club Phase 2 as recorded in plat book 7, page 66, Crane Creek Racquet Club Phase 3 as recorded in plat book 7, page 99, Crane Creek Racquet Club Phase 4 as recorded in plat book 7, page 100, Crane Creek Racquet Club Phase 5 as recorded in plat book 7, page 10, Crane Creek Racquet Club Phase 6, as recorded in plat book 7, page 102, all public records of Martin County, Florida. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Lake Grove The plat of Lake Grove as recorded in plat book 12, page 30, all public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater 77 of 504 ASSESSMENT AREA: Orchid Bay The plat of Captains Creek as recorded in plat book 12, page 72, all public records of Martin County, Florida SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Cape Live Oak The plat of Cape Live Oak as recorded in plat book 7, page 40, all public records of Martin County, Florida SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Paramount Estates The plat of Paramount Estates as recorded in plat book 7, page 38, all public records of Martin County, Florida SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Hibiscus Park The plat of Hibiscus Park Section 1 as recorded in plat book 3, page 4, the plat of Hibiscus Park Section 2 as recorded in plat book 3, page 27, the plat of Hibiscus Park Section 3 as recorded in plat book 3, page 53, all public records of Martin County, Florida SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Town of Sewalls Point North Generally described as being bounded on the North by the northern limits of the Town of Sewalls Point (excluding those properties with existing County sewer service), on the East by the Intracoastal Waterway, on the west by the St. Lucie River and on the South by the north line of the plat of Melody Hill as recorded in plat book 3, page 135, public records of Martin County, Florida, and the north line of 8 So Sewalls Point Road. SERVICES/FACILITIES: Wastewater ASSESSMENT AREA: Seaview Terrace Area Generally described as being bounded on the North by the south line of the plat All Saints Cemetery as recorded in plat book 4, page 59, public records of Martin County, Florida, on the West by the Florida East Coast Railway, on the East by S.E. Dixie Highway and on the South by N.E. Tropical Way. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Windstone Subdivision The plat of Rivers End recorded in plat book 12, page 13, Public Records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Palm Lake Park The plat of Palm Lake Park as recorded in plat book 3, page 41, public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Vista Del Lago 78 of 504 The Northeast One Quarter (1/4) of Section 30, Township 37S, Range 41E, Less the Westerly 1650. Parcel Identification Number: 3037410120000000000000 SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Seven Js Subdivision The plat of Seven Js Subdivision recorded in plat book 15, page 97, Public Records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: Martingale Commons The Martingale Commons PUD as recorded in O.R. Book 2408, page 1576, Public records of Martin County, Florida. SERVICES/FACILITIES: Water and/or Wastewater ASSESSMENT AREA: SW Stratford Court Generally described as all lots adjacent to, or which have sole legal access directly, by easement, or indirectly via only an unopened road, on SW Stratford Ct. SERVICES/FACILITIES: Water, Wastewater and Drainage ASSESSMENT AREA: SW Stratford Way Generally described as all lots adjacent to, or which have sole legal access directly, by easement, or indirectly via only an unopened road, on SW Stratford Way. SERVICES/FACILITIES: Water, Wastewater and Drainage ASSESSMENT AREA: NE Skyline Drive Extension Generally described as Parcel Identification Number 22-37-41-000-000-00405-1 and Parcel Identification Number 22-37-41-000-000-00620-0. SERVICE/FACILITIES: New Road Construction and Ancillary Road Drainage ASSESSMENT AREA: SE Mack Dairy Road (Martin County) Generally described as all properties located within sections 22, 23, 24, 27, and a portion of section 26 Township 40S, Range 41E which includes but is not limited to the following subdivisions, Ranch Colony-unrecorded, the plats of The Links as recorded in plat book 8, page 77, Triple C Ranch as recorded in plat book 14, page 22, Old Trail PUD Phase 1 as recorded in plat book 10, page 64, Old Trail PUD Phase 2 as recorded in plat book 11, page 96, Colony Park as recorded in plat book 8, page 76, and Ranch Acres as recorded in plat book 9, page 25, public records of Martin County, Florida. SERVICES/FACILITIES: Paving and Ancillary Road Drainage ASSESSMENT AREA: SW Honey Terrace Generally described as all lots adjacent to, or which have access directly to, or by easement to SW Honey Terrace between SW Citrus Boulevard and SW Leighton Farms Road. SERVICES/FACILITIES: Road Paving and Ancillary Drainage 79 of 504 ASSESSMENT AREA: SE Flamingo Drive (North End) Generally described as all lots adjacent to, or which have access directly to, or by easement to SE Flamingo Drive from SE Duncan Street to the north terminus of the SE Flamingo Drive Right of Way. SERVICES/FACILITIES: Road Paving and Ancillary Drainage ASSESSMENT AREA: SE Middle Street Generally described as all lots adjacent to, or which have access directly to, or by easement to SE Middle Street from SE Vista Avenue to SE Phillip Bend Avenue. SERVICES/FACILITIES: Road Paving and Ancillary Drainage ASSESSMENT AREA: Danforth Creek, Warner Creek and Hidden River Properties fronting Danforth Creek, Warner Creek and Hidden River SERVICES/FACILITIES: Navigational Dredging ASSESSMENT AREA: Unincorporated Martin County SERVICES/FACILITIES: Storm water Utilities to provide for (1) construction, operation, and maintenance of the Countys storm water system; and (2) other services related to the County's overall storm water program including, but not limited to, monitoring and evaluating water quality; maintaining the FEMA Flood Insurance Program and Community Rating System, administering EPAs National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Program, and developing and enforcing county ordinances related to protecting water quality. 80 of 504 8092ea7a 6B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, DIVISION 7, CATEGORY C ZONING DISTRICT STANDARDS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Board of County Commissioners County Attorney Krista A. Storey Name: Senior Assistant County Attorney Procedures: None EXECUTIVE SUMMARY: Estimated staff presentation: 10 minutes. The Board is asked to consider adoption of an amendment to Section 3.412, Land Development Regulations to recognize solar energy facilities and public stormwater projects along with their ancillary uses as permitted uses within the A-2 Agricultural District. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 81 of 504 8092ea7a Pursuant to Section X of the Mediated Settlement Agreement between Lake Point and Martin County, the Board is asked to consider adoption of the attached ordinance recognizing public stormwater projects along with their ancillary uses as permitted uses within the A-2 Agricultural District. In addition, staff requests that the Board consider recognizing solar energy facilities as a permitted use in the district as well. Pursuant to Section 125.66(4)(b), Florida Statutes, when an ordinance changes the list of permitted uses within a zoning category, two advertised public hearings are required. The first public hearing was held on November 28, 2017. At that time, the Board accepted Staffs recommendation regarding solar energy facilities to remove the proposed 600 setback from a right-of-way but leaving the 50 property line setback. The attached draft ordinance reflects the change discussed on November 28, 2017. ISSUES: None. 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 governments 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 governments 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 attached Ordinance. ALTERNATIVE RECOMMENDATIONS N/A FISCAL IMPACT: RECOMMENDATION Staff time. ALTERNATIVE RECOMMENDATIONS Staff time. 82 of 504 8092ea7a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice 1 Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 83 of 504 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY ORDINANCE NUMBER AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLE 3, ZONING DISTRICTS, DIVISION 7, CATEGORY C ZONING DISTRICT STANDARDS, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE; PROVIDING FOR APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BCC) has adopted the Martin County Comprehensive Growth Management Plan within which are included goals, objectives, and policies related to zoning and land development; and WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these goals, objectives and policies through the adoption of consistent land development regulations; and WHEREAS, revisions to Section 3.412, Land Development Regulations has been deemed to be in the best interest of the public ; and WHEREAS, these proposed amendments have received public hearings before the Local Planning Agency and the Board of County Commissioners; and WHEREAS, the Board of County Commissioners finds the proposed amendments consistent with the goals, objectives and policies of the Comprehensive Growth Management Plan. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA, THAT: PART 1: AMENDMENT OF ARTICLE 3, ZONING DISTRICTS, DIVISION 7, CATEGORY C ZONING DISTRICT STANDARDS, LAND DEVELOPMENT REGULATIONS. Division 7 is hereby amended as follows (new language is underlined, deleted language is struck through): Sec. 3.412. A-2 Agricultural District. 84 of 504 2 3.412.A. Uses permitted. In this district, a building or structure or land shall be used for only the following purposes, subject to any additional limitations pursuant to section 3.402: 1. Any use permitted in the A-1 and A-1A Districts. 2. Airports and landing fields. Airplane landing fields and accessory facilities for private or public use, including flight strips, provided runways and flight patterns are so oriented as not to constitute a nuisance to any established or planned residential areas as delineated in the comprehensive plan of the County. 3. Cemeteries, crematories and mausoleums. Graves shall not be closer than 25 feet from the property line. 4. Stock raising, stables and dog kennels; provided stables, kennels and dog runways are not less than 50 feet to the property line. 5. Agricultural packinghouses, sawmills and planning mills, turpentine stills, and other operations utilizing the natural resources of the region; provided, however, no such operation shall be established or conducted within 600 feet of the nearest highway right- of-way or within 50 feet of the property line. 6. Public works projects, public stormwater management projects, and public utility facilities and service facilities, and any ancillary uses associated with the forgoing, including excavations; rock, stone or gravel crushing facilities; and ready mix concrete plants. 7. Fishing camps. 8. Hunting camps subject to the following requirements: a. Any licensee with a Hunting Preserve License issued by the Florida Fish and Wildlife Conservation Commission which is valid as of November 17, 2009, located on land zoned A-2 within Martin County may establish one hunting camp. b. The minimum lot size shall be 20 acres. c. Kennels for hunting dogs kept at the hunting camp shall not be located within 200 feet of any property line unless completely enclosed and soundproofed and shall be designed and maintained for secure, humane confinement. Animal wastes from the kennels shall be managed in such a manner as to prevent odors from being carried beyond the property boundary. 85 of 504 3 d. Overnight accommodations shall be limited to no more than six guest rooms. The length of stay for any guest shall not exceed 14 consecutive nights. e. Meals may be served only to customers of the hunting camp. Freestanding restaurants open to the general public are not permitted. f. Overnight camping of a duration not to exceed five nights is permitted. No permanent structures shall be constructed for the purpose of overnight camping. g. Shooting ranges as defined in section 3.3 are not permitted within a hunting camp. h. The sale and/or rental of hunting accessories to customers of a hunting camp are permitted. Retail sales of hunting accessories to the general public are not permitted. 9. Public structures owned and operated by governmental agencies and used for public purposes. 10. Trailers. The minimum lot size for a trailer shall be 20 acres and there shall be no more than one trailer on any lot. The trailer shall not be located within 100 feet of any property line. The trailer shall be permitted to remain only so long as the principal use of the property is agricultural. The trailer shall only be used as a residence. The trailer shall be screened from view of abutting lots and public streets to a height of six feet, for example, by means of an opaque fence or landscape buffer. 11. Farmer's markets, as defined in division 2 and pursuant to the requirements set forth in section 3.71.1 of the Land Development Regulations. 12. Solar energy facilities, provided however, no such operation shall be established or conducted within 50 feet of the property line. 3.412.B. Required lot area. The required lot area shall not be less than five acres; provided, however, that in the old recorded subdivisions known as Palm City Farms (Plat Book 6, page 42, Palm Beach County), St. Lucie Inlet Farms (Plat Book 1, page 98, Palm Beach County), and St. Lucie Gardens (Plat Book 1, page 35, St. Lucie County), each full (as opposed to fractional) tract shown on said plats shall for purposes of lot area requirements be considered to be ten acres, and one-half of any such tract shall for purposes of lot area requirements be considered to be five acres; and provided further, however, that the existence of road rights-of-way and road easements (other than that of the Sunshine State Parkway, also known as Florida Turnpike) shall be disregarded for purposes of lot area requirements. 3.412.C. Minimum yards required. 1. Front: 25 feet. 86 of 504 4 2. Rear and side: 25 feet. 3. No structure shall be built within 50 feet of the center line of any public platted right-of-way not a designated through-traffic highway. 4. No structure shall be built within 65 feet of the center line of a designated through- traffic highway. 5. No setback or yard shall be required adjacent to water frontage. PART 2: APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of Martin County. PART 3: CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, Martin County ordinances, County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict except for ordinances concerning either adoption or amendment of the Comprehensive Plan. PART 4: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property or circumstances. PART 5: FILING WITH THE DEPARTMENT OF STATE. The clerk shall be and is hereby directed forthwith to scan this ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of state via electronic transmission. PART 6: CODIFICATION. Provisions of this ordinance shall be incorporated into the Martin County Land Development Regulations, except that Parts 2 through 7 shall not be codified. The word "ordinance" may be changed to "article," "section," or other word, and the sections of this ordinance may be renumbered or re-lettered. 87 of 504 5 PART 7: EFFECTIVE DATE. This ordinance shall take effect upon filing with the Office of Secretary of State. PASSED AND DULY ADOPTED THIS 12TH DAY OF DECEMBER, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ____________________________ BY:_________________________________ CAROLYN TIMMANN, EDWARD V. CIAMPI, CHAIRMAN CLERK OF THE CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _______________________________________ KRISTA A. STOREY SENIOR ASSISTANT COUNTY ATTORNEY 88 of 504 8092f5fd 6C BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: 5:01 PM TITLE: SECOND PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, DIVISION 6, SECTION 3.262, PORT SALERNO REDEVELOPMENT OVERLAY DISTRICT, LAND DEVELOPMENT REGULATIONS AGENDA ITEM DATES: MEETING DATE: 12/12/2017 COUNTY ATTORNEY: 11/20/2017 COMPLETED DATE: 11/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/27/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Board of County Commissioners Growth Management Irene Szedlmayer, AICP Name: Senior Planner Procedures: None EXECUTIVE SUMMARY: Estimated staff presentation: 15 minutes. The proposed amendments to the Port Salerno Code eliminate conflict and inconsistency and clarify applicability, while minimizing substantive changes. The Community Redevelopment Agency received a presentation and members had their questions answered at its meeting on June 26, 2017. At their meetings on August 10 and September 21, 2017, respectively, the Port Salerno Neighborhood Advisory Committee and the Local Planning Agency recommended approval. The first public hearing before the Board of County Commissioners was held on November 28, 2017. APPROVAL: LEG ACA 89 of 504 8092f5fd CA BACKGROUND/RELATED STRATEGIC GOAL: Update of the Land Development Regulations as they apply within Martin Countys seven Community Redevelopment Areas (CRAs) was identified as a strategic objective of the Board of County Commissioners in 2015. Towards that objective, in April 2017, amendments were adopted to Article 4, Division 14, Parking and Loading, to allow certain on-street parking where posted speed limits are 30 mph or less, and to Article 4, Division 19, Roadway Design, to refine the standards for traditional neighborhood streets. The amendments proposed in this agenda item are the first to address Article 3 (Zoning Districts), Division 6 (Redevelopment Overlay Districts), and take up Section 3.262, Port Salerno Redevelopment Overlay District. While each of Martin Countys seven CRAs is distinctive and each has adopted individualized community redevelopment goals and its own vision for the future, the work completed for the Port Salerno code has facilitated the review of the Art. 3, Div. 6 codes applicable within the other CRAs and the crafting of the recommended amendments will be accelerated. Despite the extensive amount of text that is struck-through for deletion and underlined as proposed, the substantive changes are limited and identified and explained in the staff report, as are the non-substantive changes made. ISSUES: 1. Pursuant to Section 125.66(4)(b)1, Florida Statutes, this second public hearing must be conducted after 5:00 pm. 2. The proposed changes to Martin County, FLA, LDR, 3.262 (2017), are identified and described in the staff report. Despite the extensive amount of text struck-through for deletion or underlined for insertion, the substantive changes are limited and enumerated and explained in the staff report. Most of the changes involve re-organization for the purpose of clarifying which rules and standards apply within the Zoning Overlays and which apply outside the Zoning Overlays, which rules apply to single-use development and which apply to mixed-use development, and which rules are applicable to construction of a detached single-family residence or a duplex. Additionally, the adopted, but not codified Design Regulations are incorporated into the text of the LDRs, as are several Comprehensive Growth Management Plan policies which establish certain applicable standards. 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 governments 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 governments 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 90 of 504 8092f5fd 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 of County Commissioners adopt the attached ordinance amending Article 3, Division 6, Section 3.262, Martin County Land Development Regulations. ALTERNATIVE RECOMMENDATIONS 1. Move that the Board of County Commissioners direct staff to make certain changes to the proposed amendments and bring the item back to the Board of County Commissioners at a future date certain. 2. Move that the Board of County Commissioners reject the proposed amendments to Article 3, Division 6, Section 3.262. Martin County LDR. FISCAL IMPACT: RECOMMENDATION Staff time only. ALTERNATIVE RECOMMENDATIONS Staff time only. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice 1 Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 91 of 504 1 MARTIN COUNTY, FLORIDA Comprehensive Planning Division Amendment of Article 3, Division 6, Section 3.262, Port Salerno CRA Zoning Code, Martin County Land Development Regulations Project Update the Land Development Regulations applicable within the Community Redevelopment Areas to make the code easier to use by eliminating ambiguities, inconsistencies and redundancies. Staff Irene A. Szedlmayer, AICP, Senior Planner Date of this Report November 7, 2017 A. Introduction The amendments to be presented are what has been commonly referred to as the Glitch Bill for the Port Salerno CRA The Glitch Bill is intended to eliminate ambiguities, inconsistencies and redundancies in the CRA zoning codes. The Glitch Bill minimizes substantive changes. The materials supporting the agenda item are: 1) this staff report. 2) the proposed code showing proposed deletions with strikeout and new text with underlining (Exhibit A). 3) copy of the text from the uncodified Design Regulations, as it was presented to the NAC (Exhibit B). An explanation follows in Section C below. 4) Memorandum identifying changes made to the staff recommended ordinance subsequent to presentation to the Local Planning Agency (Exhibit C). An explanation follows in Section C below 5) The minutes of the CRA meeting on June 26, 2017 (Exhibit D). 6) The minutes of the LPA meeting on September 21, 2017 (Exhibit E). 7) The required notice of the public hearing is scheduled for publication on December 6, 2017. At its meeting of August 10, 2017, the Port Salerno NAC voted to approve the proposed changes and for staff to bring them forward to the Local Planning Agency. At its meeting on September 21, 2017, the Local Planning Agency voted 4 to 1 to accept staffs recommendation. { 92 of 504 2 B. Summary of Recommended Changes to Section 3.262. of the LDRs The extent of the strike-outs (deleted text) and underscoring (new text) makes it appear as if the code has been completely re-written. It has not. The substantive changes are modest, are identified in this memo, and will be explained at the public hearing. Most of the text marked as new text is not a new requirement or standard, but represents existing text moved from one part of the code to another part, the incorporation into the code of applicable Comprehensive Growth Management Plan policies, or the incorporation into the official code of the Design Regulations, which are already in effect. Most of the text marked for deletion has simply been located elsewhere in the code. One goal of the amendments is to make the CRA LDRs as complete as possible and reduce the extent to which the user must consult other codes or the Comp. Plan. The following summary does not identify every single change recommended by staff. It highlights the key recommendations. 1. The code is re-organized. The re-organization of the code does not involve substantive change. It simply organizes in a clearer manner currently applicable rules. a. The three separate tables of permitted uses are consolidated into one table. b. The three tables of development standards for the Zoning Overlays which are currently not codified, are incorporated into the text of the Land Development Regulations (LDRs) and are consolidated into one table. c. The Development Standards for land within the Zoning Overlays, Building Types, Street Regulating Plan, Architectural Styles contained in the adopted, and effective, but not codified Design Regulations are incorporated into the text of the LDRs for codification. Currently, the Design Regulations are not available from Muni-Code, which publishes the official version of the LDRs. As codified by Muni-Code, the LDRs incorporate the Design Regulations by reference, e.g., The exhibits cited above are not set out herein but are on file in the Growth Management Department. With adoption of the proposed ordinance, the Design Regulations will be set-out in full in the official version of the LDRs.e. 2. The amendments clarify which rules apply only within the Zoning Overlays and which apply throughout the entire CRA and clarify which rules apply to what types of development--mixed-use development, single-use development, and single-family homes. Schematic maps of the CRA and the zoning and mixed-use overlays are added. 3. Comprehensive Plan policies are incorporated into the code. The Martin County Comprehensive Growth Management Plan contains many development standards that apply within the Community Redevelopment Areas. Incorporating those standards into the LDRs makes it easier for property owners, developers and staff to more readily understand what rules apply to any given property. 4. Landscaping Code. Certain provisions which are more fully developed in the county- wide code, such as requirements for landscaping plans, irrigations plans, protection of preserved trees during construction, credit for preserved trees, prohibition of exotic, 93 of 504 3 invasive species, species diversity, ongoing maintenance, are incorporated by express reference into the Port Salerno code. Also, the county-wide standard for the number of trees required for single-family and duplex residences will apply in the Port Salerno CRA. This change reduces the number of trees required and allows slightly smaller trees to be planted but encourages the species diversity the community desires. For example, when palms are planted, two palms are required to meet the requirement for one tree. The county-wide standard was applied within the Port Salerno CRA for the period between adoption of the CRA code in 2001 until 2 or 3 years ago but the ambiguity of Section 3.262 has led to different interpretations over time. The county-wide landscaping standards for single family residences and duplexes include the following: a. 1 tree per 3,000 square feet. b. no landscaping plan is required. c. removal of invasive exotic species is required and planting of them is prohibited. d. tree species must be cold tolerant, drought tolerant and appropriate for the environmental setting. e. 75% must be native species. f. No more than 30% of all trees shall be palms and 2 palms or 3 sabal palms equals one tree. g. Credit given for preserved trees, depending on size of preserved tree. The LPA recommended that the use of Florida-Friendly landscaping be explored as a reasonable or preferred alternative to the requirement that native species be planted. Staff explained that the substance of that recommendation can be more fully vetted when updates to the tree protection and landscaping code are brought forward. Futhermore, by operation of the county-wide standard for single-family and duplex residences, property owners have increased flexibility to plant additional trees consistent with their individual preferences. 5. Permitted Uses within the Zoning Overlays a. Detached single family residences were added to the Permitted Uses for Town Center Zoning Overlay, outside the Town Center Mixed-Use Overlay. This use is consistent with the Low Density Future Land Use, which predominates, and the current development pattern, and is consistent with what the community through they accomplished when the boundary of the Mixed-Use Future Land Use Overlay was modified in 2012. b. As suggested by the Local Planning Agency, places of worship were added to the Permitted Uses for Town Center Zoning Overlay. c. Limited Industrial was added as a permitted use to the Cove Road Zoning Overlay. Approximately 180 feet of the Port Salerno Industrial Park lies within the Cove Road Zoning Overlay. The land has the Industrial Future Land Use designation, the only Industrial Future Land use in the Cove Road Zoning Overlay. Limited Industrial uses are consistent with the underlying M-1 zoning 94 of 504 4 of the property. d. Home occupation and outbuildings were removed from the permitted use table and Section 3.262.G. Accessory Uses and accessory structures are already permitted by other sections of code without the need to be identified. 6. Development Standards within the Zoning Overlays a. Maximum lot width in Salerno Road Zoning Overlay and minimum lot width in the Cove Road Zoning Overlay were modified to coincide with the existing platted lots. b. Shared driveways (joint and cross access agreements) can be substituted for required rear alleys in the Cove Road and Salerno Road Overlays. 7. Substantial improvement or substantial renovation of exterior is established as the standard triggering compliance with the CRA codes for existing development, but incremental compliance proportionate to the improvements is expressly permitted. 8. The 850 square foot maximum size for outbuildings was clarified as the maximum for the building footprint. 9. Inconsistencies between the street-regulating plan and zoning overlays are corrected. As a result, the street regulating plan is more flexible. Additionally, the street regulating plan was modified and simplified to reflect the streets in Port Salerno. 10. The code is amended to expressly provide that outside of the Salerno Road Zoning Overlay, on land with the Mobile Home Future Land Use designation, Building Types and Architectural Styles are inapplicable and installation of a mobile home or modular home is permitted. Staff believes this clarification is consistent with Comprehensive Plan Policy 6.1.D.8, No net loss of Mobile Home lands, and increases options for those lots. The Salerno Road Zoning Overlay governs 27 platted lots of record with the Mobile Home Future Land Use. Inside the Zoning Overlay, on Mobile Home Future Land use, development is limited to modular homes or mixed-use. 11. Residential Parking. The current text of the code requires residential garages for detached single-family houses to be recessed from the front of the house. The code does not indicate how deep the recess must be, nor whether it is measured from the front wall of the house or the front edge of the front porch. Staff has recommended that a numerical standard be established and that it be 5 feet from the front faade of the house, which is the numerical standard in the Old Palm City and Indiantown codes. 12. Code illustrations. County staff is working with the Treasure Coast Regional Planning Council to update the illustration for the Port Salerno code. Staff appreciates the patience of the Board with the informal manner in which illustrations are presented in the proposed ordinance. The illustrations will be revised before the second public hearing. 95 of 504 5 C. Exhibits B and C to this Staff Report Exhibit B and Exhibit C explain differences in the draft amended ordinance between the text presented to the Port Salerno Neighborhood Advisory Committee and the Local Planning Agency (Exhibit B) and identify and explain changes between the draft presented to the Local Planning Agency and the draft being presented to the Board of County Commissioners (Exhibit C). In the proposed ordinance presented to the LPA and the BCC, text from the adopted and effective Design Regulations, is shown as new text, as it must be when adopted as an amendment to Section 3.262 and submitted to Muni-Code for codification because that text was never codified. When presented to the Port Salerno NAC, the formatting of the text from the Design Regulations differed. When presented to the NAC, the text in the Design Regulations was treated as existing text. The use of underscoring and strike-out was used to show changes proposed to the text of the existing design regulations. The substance of staff recommendations has not changed. After presentation to the LPA, staff realized certain text required modification for consistency with Compreh