martin county comprehensive plan · pdf filebob graham park on hutchinson island. ... bob...

27
MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST NUMBER: CPA 15-10, Bob Graham Beach 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 ORIGINAL MEETING DATE REVISION DATE LPA MEETING: January 15, 2015 January 16, 2015 BCC TRANSMITTAL HEARING TRANSMITTAL TO DEO: ADOPTION HEARING: FINAL TRANSMITTAL TO DEO: LPA RECOMMENDATION: Date January 15, 2015 The LPA voted 4-0 to recommend approval of a 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: Bob Graham Beach runs along the Atlantic Ocean on north Hutchinson Island, south of Joe’s River Park and north of Joe’s Point. (See attached Location Map for location of parcels.) This project contains two parcels identified as the: North Parcel and South Parcel. APPLICANT REQUEST: A request for a Future Land Use Map change from Estate Density 2UPA and Medium Density Residential to Institutional Conservation. And a concurrent request to change the zoning from 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 and Medium Density to Institutional Conservation on the subject parcels. Staff also recommends approval of the requested zoning change from HR-2A to PC. Page 1 of 20

Upload: lyngoc

Post on 13-Feb-2018

214 views

Category:

Documents


0 download

TRANSCRIPT

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST NUMBER: CPA 15-10, Bob Graham Beach

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

ORIGINAL MEETING

DATE REVISION DATE

LPA MEETING: January 15, 2015 January 16, 2015 BCC TRANSMITTAL HEARING TRANSMITTAL TO DEO: ADOPTION HEARING: FINAL TRANSMITTAL TO DEO: LPA RECOMMENDATION:

Date January 15, 2015

The LPA voted 4-0 to recommend approval of a 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: Bob Graham Beach runs along the Atlantic Ocean on north Hutchinson Island, south of Joe’s River Park and north of Joe’s Point. (See attached Location Map for location of parcels.) This project contains two parcels identified as the: North Parcel and South Parcel. APPLICANT REQUEST: A request for a Future Land Use Map change from Estate Density 2UPA and Medium Density Residential to Institutional Conservation. And a concurrent request to change the zoning from 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 and Medium Density to Institutional Conservation on the subject parcels. Staff also recommends approval of the requested zoning change from HR-2A to PC.

Page 1 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

EXECUTIVE SUMMARY: The application is for a Future Land Use Map change from Estate Density 2UPA and Medium Density Residential to Institutional Conservation, and a concurrent request to change the zoning from HR-2A (Multi-family Residential) to PC (Public Conservation); on two parcels located at Bob Graham Park on Hutchinson Island. The two parcels are identified as the: North Parcel and South Parcel. The South Parcel, which spans the Island from the Atlantic Ocean to the Indian River, was purchased with a grant from the Florida Communities Trust and is subject to a Grant Award Agreement (Official Records Book 1957, Page 1205) 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 neighboring development in storm events. Staff recommends approval of a land use change on the site from Estate Density 2UPA and Medium Density 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-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 and Medium Density to Institutional Conservation. The LPA also voted 4-0 to recommend approval of the zoning change from HR-2A to PC.

Page 2 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

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 parcels are located on both sides of NE Ocean Boulevard, south of Joe’s River Park and north of Joe’s Point. 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.

Page 3 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH 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.

Page 4 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH 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. Adjacent Future Land Use North: Recreational and Estate Density 2UPA. South: Recreational and Estate Density 2UPA. East: Recreational and the Atlantic Ocean. West: 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: #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. Table 9-4, Chapter 9, Conservation and Open Space, CGMP, lists #30 Bessie muck, located on the property, as a soil type 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. 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: Martin County recreational land and a private boat dock. SOUTH: Martin County recreational land and a parcel of private undeveloped land.

Page 5 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH EAST: Martin County recreational (ocean/beach access) land. 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

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.

Page 6 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH 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, automobile-dependent 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 coastal area. (III) Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments. 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.

Page 7 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH (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. 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:

Page 8 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH (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. (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.

Page 9 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

2.3 General Land Use Issues The request is for a Future Land Use Map change from Estate Density 2UPA and Medium Density Residential to Institutional Conservation. The subject property (South Parcel) 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 densities up to two units per acre. The CGMP 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 existing Medium Density land use designation is a residential district that allows densities up to a maximum of eight units per acre with a density bonus of up to 10 units per acre after demonstrating compliance with additional criteria. The CGMP assigns Medium Density to land in the core of the Primary Urban Service District and accessible to employment centers. The Comprehensive Growth Management Plan provides the below policies for the existing Estate Density 2UPA and Medium Density 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.

Medium Density Land Use: • Policy 4.13A.7.(4) Medium Density Residential development. The Medium Density Residential

designation is reserved for land in the core of the Primary Urban Service District and accessible to employment centers. The maximum density is eight units per gross acre. However, sites may be approved for a maximum of 10 units per gross acre (a density bonus), after demonstrating compliance with all of the following criteria:

(a) The development commits to providing affordable or workforce housing to eligible households as defined by the Housing Element;

(b) The site is or can be serviced by a full complement of urban services including water and wastewater service from a regional public utility;

Page 10 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

(c) The applicant provides a significant open space buffer, natural landscape (including a landscaped berm where appropriate), plant material and/or an aesthetic wall or fence to effectively shield the Residential use from any existing or potential adjacent nonresidential use or from any single-family use.

In reviewing specific densities, the aim shall be to preserve the stability of established residential areas. Landscaping, screening, buffering and similar design techniques shall be used to assure a smooth transition between residential structure types and densities.

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 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 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. 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 for-profit 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.

Page 11 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

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.

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.

Page 12 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH 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. 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

Page 13 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH 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 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 CURRENT LOS

ACTIVE PARKLAND 3 acres per 1000 residents 890 acres 5.86 acres per 1000 residents

BEACH FACILITIES 9 spaces per 1000 residents 1471 spaces 9.7 spaces per 1000 residents

PATHWAYS 5 linear feet per weighted average resident 959,696 linear feet 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

WT AVER UNIN POP 1 Apr of FY

REQUIRED RESPONSE

TIME-ALS/U

REQUIRED RESPONSE

TIME- ALS/R

REQUIRED RESPONSE

TIME-BLS/U

REQUIRED RESPONSE

TIME-BLS/R

REQUIRED RESPONSE

TIME- FIRE/U

REQUIRED RESPONSE

TIME- FIRE/R

REQUIRED LOS

CURRENT LOS

FY15 138720 8 20 6 15 6 15 0.9 0.95

Page 14 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

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. 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 parcels to Institutional Conservation with a concurrent change in zoning to a zoning district that implements the proposed land use. The existing land use designations (Estate Density 2UPA and Medium Density) and zoning (HR-2A) are the residential districts originally assigned to the property. 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-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 RE-1/2A Medium Density RS-6; RS-8; RM-6; RM-8 Institutional Conservation PC Lands zoned in accordance with this Division shall be limited to the uses indicated as permitted in Table 3.11. 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.

Page 15 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

TABLE 3.11 PERMITTED USES

USE CATEGORY P C

R E ½ A

R S 6

R S 8

R M 6

R M 8

Residential Uses

Accessory dwelling units

Apartment hotels

Mobile homes

Modular homes P P P P P

Multifamily dwellings P P

Single-family detached dwellings P P P P P

Townhouse dwellings P P

Duplex dwellings P P

Zero lot line single-family dwellings P P

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

Page 16 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

Public and Institutional Uses

Administrative services, not-for-profit

Cemeteries, crematory operations and columbaria

Community centers P P P P P

Correctional facilities

Cultural or civic uses

Dredge spoil facilities

Educational institutions P P P P P

Electrical generating plants

Fairgrounds

Halfway houses

Hospitals

Neighborhood assisted residences with six or fewer residents

P P P P P

Neighborhood boat launches P P P P P

Nonsecure residential drug and alcohol rehabilitation and treatment facilities

Places of worship P P P P P

Post offices

Protective and emergency services P P P P P

Public libraries P P P P P

Public parks and recreation areas, active P P P P P

Public parks and recreation areas, passive P P P P P P

Public vehicle storage and maintenance

Recycling drop-off centers P P P P P

Residential care facilities P P

Solid waste disposal areas

Utilities P P P P P

Commercial and Business Uses

Adult business

Bed and breakfast inns P P P P P

Business and professional offices

Campgrounds

Commercial amusements, indoor

Commercial amusements, outdoor

Commercial day care P P P P P

Construction industry trades

Construction sales and services

Page 17 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

Family day care P P P P P

Financial institutions

Flea markets

Funeral homes

General retail sales and services

Golf courses P P P P P

Golf driving ranges

Hotels and motels

Kennels, commercial

Limited retail sales and services

Marinas, commercial

Marine education and research

Medical services

Parking lots and garages

Recreational vehicle parks

Residential storage facilities

Restaurants, convenience, with drive through facilities

Restaurants, convenience without drive through facilities

Restaurants, general

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

Page 18 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

Yard trash processing on lots where such use was 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.

Page 19 of 20

MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT REQUEST 15-10, BOB GRAHAM BEACH

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

Page 20 of 20