6A CONTINUED FROM 11/24/2015

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1 6A CONTINUED FROM 11/24/2015 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 9 AND 10, LAND DEVELOPMENT REGULATIONS TO INCLUDE DISCLOSURE REQUIREMENTS AND OTHER REVISIONS AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COMPLETED DATE: 1/14/2016 COUNTY ATTORNEY: 1/4/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Board of County Commissioners Name: Procedures: None EXECUTIVE SUMMARY: Growth Management Nicki van Vonno, AICP Director, GMD Dept. Today s public hearing is for the County Commission to consider an ordinance to amend Article 9, Decision-making and Article 10, Development Review Procedures, Land Development Regulations to incorporate disclosure requirements for those persons or entities having an interest in a development application and to consider other revisions including but not limited to notification, thresholds, staff review time frames and expedited review for some county projects. APPROVAL: LEG ACA CA of 86

2 BACKGROUND/RELATED STRATEGIC GOAL: Article 9, Decision-making is the section of the Land Development Regulations that establishes the review and approval functions of the various bodies participating in the development review process. Article 10 is the section of the County s Land Development Regulations that details the procedures for the review of development applications. Article 10 has been revised various times over the years, most recently in August, The County Commission directed staff to prepare revisions to Article 10 to include disclosure requirements and requirements regarding planned unit developments. On August 18, 2015 the County Commission held a workshop on Article 10. At the workshop the County Commission directed staff to: return to the BCC with an ordinance amending Article 10, and return with a separate ordinance amending Chapter 1 of the General Code of Ordinances to include disclosure requirements for items other than development applications, and return with a separate workshop on PUD procedures and regulations. On November 24, 2015 the staff presented a draft ordinance to the County Commission based on the results of August 18 th workshop and on the recommendations received from the Local Planning Agency at their September 3, 2015 public hearing. The Local Planning Agency recommended changes to the distance requirements for development application notification, but also recommended that the notification requirements for variances remain as is. To implement the LPA recommendation for variances an amendment of Article 9, Decision-making was required. On November 24, 2015 the County Commission heard public comments on disclosure requirements. One concern expressed was that the term natural person should be utilized rather than the term person as defined in Section 1.01, Florida Statutes. In addition, the public comment suggested the need for regulations to address lobbying and the appearance by former staff members in a representative capacity before County boards and committees. After considering the public comment, the board determined that the currently proposed disclosure requirements, with certain revisions, should not be delayed. Staff was directed to bring back a separate agenda item at a later date to address the issues of lobbying and appearances by former staff members. In addition to revisions regarding disclosure requirements, staff was directed to review the thresholds for bed and breakfasts, hotels, parking lots and garages, and to revise the notification requirements for newspaper ads to include a plain language description of the parcel or a map. Based on public comments and additional changes requested by the Board, the Board continued the public hearing to January 26, The draft ordinance incorporates changes to both Article 9 and Article 10. The revisions to Article 9 are to the Section 9.5 Board of Zoning Adjustment. The revisions to Article 10 incorporates revisions to the following sections: Section 10.1,General; Section 10.2 Application Procedures; Section 10.3 County Administrator Functions; Section 10.4 Functions of Local Planning Agency; Section 10.6 Notice Requirements; Section 10.7 Procedures for Public meetings and Hearings; Section Suspension of Development Orders; Sections Requirements of Developments and Plats; Section Expedited staff review; Section Planned Unit Developments; Section Amendments to of 86

3 Approved Development Orders; Section Development of Regional Impact (DRI); and Section Monitoring. A Table in the Staff report summarizes the changes to Article 10, by Section and the location by page number in the draft ordinance. The page number listed on the chart is the page number of the draft ordinance, not the agenda item page numbering. ISSUES: The attached draft ordinance reflects changes directed by the Board on November 24, In reference to the disclosure requirements, on December 29, 2015, Staff met with some of the individuals who had provided public comment on November 24th. As a result of that meeting revised language was developed for the Board s consideration. Via , that revised language was provided to representatives of the development community and other local jurisdictions the first week in January, soliciting their comments and participation in the January 26, 2016 public hearing. The current attached proposal includes language which would require the applicant to disclose the names of each and every natural person or entity with any legal or equitable interest in the property of the proposed development, including all individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, limited liability company, professional associations and all other groups or combinations. For those entities which are a firm, association, joint adventure, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, professional association and all other groups or combinations, every natural person or entity that enjoys a legal or equitable interest in the property shall be disclosed including but not limited to any partners, members, shareholders, trustees and stockholders. Disclosure of any interest in a contract for sale or a conveyance of any interest in the property, including but not limited to, real estate brokers, salespersons, and mortgagees would also be required. The original draft required that the disclosure occur prior to a development application being deemed complete. The revised language continues that requirement and imposes a continuing obligation on the applicant to provide revised documents to reflect any changes which occur before and as of the date of the final public hearing on the application. The reference to the definition of person in Section 1.01, Florida Statutes has been deleted from the current draft. Regarding the notification requirements for newspaper ads in Section 10.6.G, staff has included two options if the Board determines a change is warranted. In addition, staff was directed to review the thresholds in Section B.for three uses: bed and breakfasts, hotels, and parking lots and garages. This review has been done and staff is recommending no changes to the existing thresholds. See the staff report and analyses. Lastly staff made minor edits for clarity and added a provision regarding Unity of Titles that was missing from Section E. In the draft ordinance, text shown in underlining is new; language shown in strife through is deleted. Staff notes in yellow indicate items revised after November 24, 2015 public hearing. Staff notes in yellow will be removed after adoption and before transmittal to the FL Department of State of 86

4 LEGAL SUFFICIENCY REVIEW: This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge. One of the public purposes served by the establishment of disclosure requirements relates to the Code of Ethics for Public Officers and Employees, specifically regarding the voting conflicts provisions of Section , Florida Statutes. Section (3)(a) prohibits a county, municipal, or other local public officer from voting in an official capacity upon any matter which would enure to his or her special private gain or loss, or that of any principal, parent organization or subsidiary of a corporate principal by whom he or she is retained; or that would enure to the special private gain or loss of a relative or business associate of the public officer. Requiring those with any interest in property to be developed to disclose the interest prior to a development application being deemed complete and including a continuing obligation to provide updated information is important to enable Martin County public officers such as Local Planning Agency members and members of the Board of County Commissioner to have the information necessary to comply with the requirements of Section , Florida Statutes. RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the ordinance amending Article 9, Decision-making, and Article 10, Development Review Procedures of the Land Development Regulations. ALTERNATIVE RECOMMENDATIONS Move that the Board direct changes and adopt the ordinance amending Article 9, Decision-making and Article 10, Development Review Procedures of the LDRs. Move that the Board continue the item to a date certain to provide time for additional revision or analysis. FISCAL IMPACT: RECOMMENDATION Staff time. Funding Source County Funds Non-County Funds Authorization of 86

5 Subtotal Project Total ALTERNATIVE RECOMMENDATIONS Staff time. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice x Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG of 86

6 Text shown in underlining is new; language shown in strife through is deleted. Staff notes in yellow indicate items revised after November 24, 2015 public hearing. Staff notes in yellow will be removed after adoption and before transmittal to the FL Department of State. BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY ORDINANCE NUMBER AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLES 9, DECISION-MAKING, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE; SPECIFICALLY SEC. 9.5 BOARD OF ZONING ADJUSTMENT AND AMENDING ARTICLE 10, LAND DEVELOPMENT REGULATIONS, DEVELOPMENT REVIEW PROCEDURES, MARTIN COUNTY CODE; SEC GENERAL; SEC APPLICATION PROCEDURES; SEC COUNTY ADMINISTRATOR FUNCTIONS; SEC FUNCTIONS OF LOCAL PLANNING AGENCY; SECTION 10.6 NOTICE REQUIREMENTS; SEC PROCEDURES FOR PUBLIC MEETINGS AND HEARINGS; SEC SUSPENSION OF DEVELOPMENT ORDERS FOR FAILUTRE TO COMPLY; SEC REQUIREMENTS FOR DEVELOPMENTS AND PLATS; SEC EXPEDITED STAFF REVIEW; SEC, PLANNED UNIT DEVELOPMENT PROCEDURES; SEC AMENDMENTS TO APPROVED DEVELOPMENT ORDERS; AND SEC DEVELOPMENT OF REGIONAL IMPACT (DRI); AND SEC MONITORING; 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; WHEREAS, these proposed amendments to Article 10, Development Review Procedures, of the Land Development Regulations, Martin County Code, have received public hearings before the Local Planning Agency and the Board of County Commissioners; WHEREAS, The Local Planning Agency at its September 3, 2015 public hearing recommended approval of the draft ordinance to revise Article 10 and recommended changes to Article 9; and Page 1 of 70 6 of 86

7 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 9 DECISION-MAKING, LAND DEVELOPMENT REGULATIONS. Sec Board of Zoning Adjustment. 9.5.A. Powers and duties. The Board of Zoning Adjustment (BOZA) established pursuant to chapter 23, Code of Laws and Ordinances of Martin County, Florida, and in existence prior to the effective date of article 9, LDR, shall become the BOZA pursuant to the provisions of this article. Nothing contained herein shall affect the validity of any previous action of the BOZA under chapter 23. The powers and duties of the BOZA include, but are not limited to, the following: 1. To grant variances from the dimensional requirements of the following provisions: a. Article 3, Zoning Districts, Table Development Standards as to minimum lot area, minimum lot width and maximum height; provided however that pursuant to section 4.5.A.2.c. of the Comprehensive Plan, no variance shall be granted authorizing a height in excess of four stories or 40 feet. b. Article 3, Zoning Districts, Table Structure Setbacks. c. Article 3, Zoning Districts, division 5, Planned Unit Developments, section , only as to the encroachment of an existing structure into a required setback. d. Article 3, Zoning Districts, division 7, Category "C" Zoning District Standards as to building site area regulations; front, rear and side yard requirements; required lot area and width; and minimum floor area. e. Article 4, division 1, Wetlands and Shoreline Protection, section 4.3.A.12. A.9., and section 4.5.B.4. as to compliance with structure setbacks to protect existing view corridors on adjacent waterfront properties. f. Article 4, division 1, Barrier Island and Sea Turtle Protection, section D., setback requirements. 2. To adopt rules of procedure not inconsistent with the provisions of the LDR. 3. To approve eminent domain waivers pursuant to sections 8.5. and 8.6., LDR. 4. To approve variances from the provision of chapter 67, article 10, Noise, General Ordinances, Martin County pursuant to section , General Ordinances, Martin County Code. 9.5.B. Membership: appointment, qualifications, terms, and removal. 1. The BOZA shall be composed of seven members appointed by the Board of County Commissioners. Members shall serve without compensation, but may receive actual and necessary expenses incurred in the performance of their official duties. Page 2 of 70 7 of 86

8 2. One member of the BOZA 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. The term of office of the member shall coincide with the term of office of the County Commissioner representing the district from which the member was appointed. The member's term of office shall terminate earlier if the member ceases to be a registered voter in the district from which the member was appointed. In addition, the member may be removed from office at the pleasure of the Board of County Commissioners. 3. Two at-large members of the BOZA shall be appointed on a countywide basis. Prior to their appointment, the members shall have been a registered voter in Martin County for at least one year. One at large member shall be appointed for a term of one year beginning December 1, The second at-large member shall be appointed for a term of three years beginning December 1, Thereafter, all at-large appointments shall be for a term of four years terminating on November 30. The member's term of office shall terminate earlier if the member ceases to be a registered voter in Martin County. In addition, the member may be removed from office at the pleasure of the Board of County Commissioners. 9.5.C. Officers. 1. The BOZA shall elect a Chairman and Vice Chairman from among its members at the first regular meeting in December each year to serve a term of one year. The officers shall be eligible for reelection. 2. The Chairman shall preside at all meetings and hearings of the BOZA. 3. In the absence of the Chairman, the Vice Chairman shall preside at the meetings and hearings of the BOZA. 4. In the absence of the Chairman and Vice Chairman, the BOZA shall select one of its members to preside over any scheduled meeting or hearing. 5. The County shall provide a Secretary to record the meetings and prepare the minutes of the BOZA. 9.5.D. Role of the Growth Management Department. The Growth Management Department shall serve as the staff to the BOZA. 9.5.E. Attorney. 1. The Board of County Commissioners shall designate either: 1) the County Attorney or his designee; or 2) a private attorney who is a member of the Florida Bar to serve as the legal advisor to the BOZA. 2. The private attorney shall be entitled to reasonable compensation as determined by the Board of County Commissioners as well as to reimbursement for actual and necessary expenses incurred in the performance of duties. The private attorney shall serve at the pleasure of the Board of County Commissioners. 9.5.F. Quorum and necessary vote. 1. No business shall be transacted by the BOZA without a quorum consisting of four members. 2. All actions of the BOZA require the affirmative vote of a majority of the members present. Page 3 of 70 8 of 86

9 9.5.G. Meetings and hearings. 1. The BOZA shall meet at least once a month unless there are no variance applications pending. The BOZA may meet at such other times as it deems necessary. 2. Special meetings of the BOZA may be called by the Chairman consistent with the notice requirements of section 10.6 of article 10, Development Review Procedures K The BOZA may continue a meeting if all business cannot be completed on that day. The date, time and location of the meeting's resumption shall be stated by the Chair at the time of the continuance. 4. In the event that less than a quorum is present at the beginning of a scheduled meeting, the proceeding shall be rescheduled consistent with the notice requirements of section 10.6 of article 10, Development Review Procedures 9.5.K H. Ex parte communications. Members of the BOZA shall comply with the provisions of section 1.11 of the Code of Laws and Ordinances regarding ex parte communications when a variance is considered during a quasi-judicial proceeding. 9.5.I. Voting conflicts. Members of the BOZA shall comply with the provisions of F.S , regarding voting conflicts. 9.5.J. Financial disclosure. Members of the BOZA shall comply with the provisions of F.S , regarding financial disclosure. 9.5.K. Variance procedure. 1. A variance application shall be filed with the Growth Management Director by the owner of the subject property or other person having a power of attorney from the owner to file the application and to act on behalf of the owner in reference to the variance application. 2. A variance application will be received for processing on any working day. 3. The applicant shall provide a copy of the recorded deed for the subject property, and shall certify any subsequent transfers of interest in the property. 4. The variance application shall be submitted in a form approved by the Growth Management Director and made available to the public. At a minimum, the variance application shall include information which demonstrates that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b. Literal interpretation of the provisions of article 3 or article 4 would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. c. The special conditions and circumstances do not result from the actions or inactions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied to owners of other lands, structures, or buildings in the same district. [5. Reserved.] Staff Note: Minor word changes below. 6. The BOZA shall consider the request for a variance at a public hearing advertised pursuant to the requirements of section 10.6, D. and E., Development Review Procedures Page 4 of 70 9 of 86

10 except that the distance requirement for notification by the applicant shall be to all owners of real property located within a distance of 300 feet of the boundaries of the affected property. For parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 600 feet. The public hearing may be continued by the BOZA to a fixed date, time and place. After the conclusion of the public hearing, the BOZA shall approve, approve with modifications or deny the request for a variance by resolution which shall constitute the final action of the BOZA. 7. A variance shall not be granted unless the BOZA determines that: a. The requirements of subsection 9.5.K.4 have been met by the applicant for the variance. b. The variance is the minimum variance that will make possible the reasonable use of land, building or structure. c. The granting of the variance will be in harmony with the general purpose and intent of the LDR and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 8. In granting any variance, the BOZA may prescribe appropriate conditions. Violation of such conditions shall result in the variance being deemed null and void. 9.5.L. Administrative variance procedure. 1. An administrative variance may be requested to address the encroachment of an existing structure into a required setback, including an encroachment of an existing structure into a required setback within a planned unit development. A request for an administrative variance shall be filed with the Growth Management Director by the owner of the subject property or other person having a power of attorney from the owner to file the application and to act on behalf of the owner in reference to the administrative variance request. 2. A request for an administrative variance will be received for processing on any working day. 3. The applicant shall provide a copy of the recorded deed for the subject property, and shall certify any subsequent transfers of interest in the property. 4. The request for an administrative variance shall be submitted in a form approved by the Growth Management Director and made available to the public. At a minimum, the request for an administrative variance shall include information which demonstrates that: a. The requested variance is less than 12 inches. b. The encroachment relates to an existing structure. c. The circumstances do not result from the actions or inactions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied to owners of other lands, structures, or buildings in the same district. [5. Reserved.] 6. The County Administrator shall consider the request for an administrative variance and upon completion of the review, issue a written determination approving, approving with modifications or denying the request which shall constitute final action of the County Administrator. An applicant aggrieved by a decision of the County Administrator may file a variance application for consideration by the BOZA pursuant to subsection 9.5.K. 7. An administrative variance shall not be granted unless the County Administrator determines that: a. The requirements of section 9.5.K.4 above have been met by the applicant for the variance. Page 5 of of 86

11 b. The variance is the minimum variance that will make possible the reasonable use of land, building or structure. c. The granting of the variance will be in harmony with the general purpose and intent of the LDR and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 8. In granting an administrative variance, the County Administrator may prescribe appropriate conditions. Violation of such conditions shall result in the administrative variance being deemed null and void. PART 2: AMENDMENT OF ARTICLE 10 DEVELOPMENT REVIEW PROCEDURES, LAND DEVELOPMENT REGULATIONS. Article 10 is hereby amended as follows (new language is underlined, deleted language is struck through): Article 10 DEVELOPMENT REVIEW PROCEDURES Sec General. Sec Application procedures. Sec County Administrator functions. Sec Functions of the Local Planning Agency (LPA). Sec Final action by the Board of County Commissioners Sec Notice requirements Sec Procedures for public meetings and hearings. Sec Suspension of development orders for failure to comply Sec Post-approval process. Sec Appeal of final actions. Sec Requirements for developments and plats. Sec Expedited staff review. Sec Planned unit development procedures. Sec Amendments to approved development orders. Sec Development of regional impact (DRI). Sec Vested rights. Sec Monitoring. Sec Amendment of the official zoning map. Sec General. Page 6 of of 86

12 10.1.A. Purpose and intent. Martin County shall manage growth and development in a fiscally efficient manner which is consistent with the Land Development Regulations and Comprehensive Growth Management Plan. This article shall provide development review procedures which implement the goals, objectives and policies contained in the Martin County Comprehensive Growth Management Plan B. Glossary. For purposes of this article, the following words, terms and phrases shall have the meanings set forth below: 1. Active developments: Projects with current development orders issued pursuant to F.S. chapter 380 (Developments of Regional Impacts), projects vested under section 1.2 of this Plan, and projects granted a local development order where the development process has commenced and is continuing in good faith. 2. Active residential development means a residential development that has final site plan approval and is meeting all requirements of the development order, including the timetable Change of use means any change: a. From one permitted use category, as set forth in article 3, Zoning Districts, to another permitted use category, as set forth in article 3, Zoning Districts; or b. That increases the demand for parking; or c. That creates additional impervious area; or d. That generates more than 105 percent of the number of daily traffic trips or more than 15 peak hour traffic trips Code means the General Ordinances of Martin County, Florida County Administrator means the County Administrator of Martin County, or his/her designee County Attorney means the County Attorney of Martin County, or his/her designee Decision-maker means entity having final approval of a development order as specified in section 10.1.D. 6.7.Development means the carrying out of any building activity, mining operation, the making of any material change in the redevelopment or modification of an existing use or appearance of any structure or land, which creates additional impacts or the dividing of land into three or more lots, tracts or parcels, including planned unit developments and acknowledging all exceptions to subdivisions Development application means a request for development approval submitted to the Growth Management Director pursuant to this article. An application to amend the official zoning map shall also be considered a development application. A development application within a CRA area means a request for development approval for land within one of the designated Community Redevelopment Agency areas within unincorporated Martin County. 8. LDR means the Martin County Land Development Regulations. 9. Plan means the Martin County Comprehensive Growth Management Plan. Page 7 of of 86

13 10.9. Green development means a development that applies sustainable building construction and maintenance techniques and site standards to improve energy savings, water efficiency, reduce CO 2 emissions, improve environmental quality, and encourage sustainable stewardship of resources as defined by organizations dedicated to defining green development standards, such as but not limited to the Florida Green Building Coalition, Inc. (FGBC); the United States Green Building Council (USGBC); or other recognized programs Growth Management Director means the director of the Martin County Growth Management Department or his/her designee LDR means the Martin County Land Development Regulations. 12. Minor Change as used in Section C.4 means that the change does not require an adjustment to other aspects of the site plan, such as landscape buffers, preserve areas, building footprints, stormwater areas; or warrants a change in any federal, state or local permit Plan means the Martin County Comprehensive Growth Management Plan. 14. Planned unit development means a unified development that is planned, approved and controlled according to provisions of a binding written document negotiated between the developer and the County as a special PUD zoning district and approved at public hearing. 15. Public access to environmentally sensitive land means the ability to enter and make use of the site Targeted businesses means those uses as described on the State of Florida Targeted Industries List as produced and as updated by Enterprise Florida, Inc., and/or other State of Florida designated entity for economic development. Targeted businesses typically include: manufacturing facilities, finance and insurance services, wholesale trades, information industries, professional, scientific and technical services, management services, and administrative and support services Termination of an Application means the application has been deemed null and void. No further processing of the application shall occur C.Development order, building permit and certificate of occupancy required. 1. Development orders. No development shall occur except pursuant to a development order issued in compliance with this article. A development order is the granting, with or without conditions, of a permit to carry out development. A development order is determined to be an act of Martin County in the furtherance of its power to plan and regulate the physical development of the county consistent with the goals, objectives and policies of the Comprehensive Plan. Where a proposed development is exempt from the development review procedures of this article pursuant to section 10.1.E.2, the applicant shall be required to demonstrate compliance with the Comprehensive Plan, the Code and the LDR prior to issuance of a building permit or other applicable Martin County permit. 2. Building permits. In addition to the requirements set forth in chapter 21 of the Code with respect to the issuance of building permits, the Building Official may refuse to issue building permits involving development if the Growth Management Director, Page 8 of of 86

14 County Engineer, Utilities and Solid Waste Director, Fire Prevention Chief (Fire Marshal), or the Director of the Environmental Division of the Martin County Public Health Unit has determined that the application for such development fails to demonstrate compliance with the Comprehensive Plan, the LDR and the Code, including any associated conditions of approval in a development order. 3. Certificates of occupancy. a. Requirements for issuance. In addition to the requirements set forth in chapter 21 of the Code with respect to the issuance of certificates of occupancy, the Building Official shall not issue a certificate of occupancy if the Growth Management Director, County Engineer, Utilities and Solid Waste Director, Fire Prevention Chief (Fire Marshal), or the Director of the Environmental Division of the Martin County Public Health Unit has determined that the such development fails to demonstrate compliance with the Comprehensive Plan, the LDR and the Code, including any associated conditions of approval in a development order. b. Temporary certificate of occupancy. 1) In lieu of completing all required site improvements, such as, but not limited to, sidewalks, landscaping, and nonessential utilities, the developer may apply to the Board of County Commissioners for a temporary certificate of occupancy by providing an agreement for the completion of the required improvements. The agreement shall be accompanied by a cash, surety or collateral bond. The form and substance of the agreement shall be as approved by the County Attorney and the amount of the bond shall be 110 percent of the cost of completing the required improvements as certified by an engineer licensed in the State of Florida and approved by the County Engineer. 2) A temporary certificate of occupancy shall be provided only if all required improvements will be completed within 90 days of the date of the agreement. 3) The temporary occupancy may not be granted for completion of any structural, electrical, plumbing or mechanical components in buildings nor for the provision of potable water, wastewater treatment, fire prevention or extinguishment facilities or drainage facilities D.General description of the development review process. The following table indicates the formal decision-making process required for each type of application governed by this article. Where any difference may exist between the information provided in the table and the text of these regulations, the text shall prevail. TYPE OF DEVELOPMENT APPLICATION Administrative Amendment Minor Development, master site plan County Administrator R AND F R AND F LPA BCC Page 9 of of 86

15 Minor Development, final site plan Major Development, master site plan Major Development, final site plan Major Development, final site plan for applications which have not received master site plan approval as per Section 10.4.A. R AND F R R F R F R R F PUD Zoning Agreement R R F Development Agreement R R F Plat or Vacation of Plat R F LDR Amendment R R F Zoning Map Change R R F Vested Rights Determination R R F Development of Regional Impact R R F R = Review and recommendation F = Final action 10.1.E. Applicability. 1. The provisions of this article shall apply to all development except as specified in paragraph 2., below. 2. The following shall be exempt from sections 10.2 through 10.7, 10.9, and through of this article: a. The construction of one single-family residential dwelling, including any accessory structures, on a vacant, lawfully established lot. b. The construction of one duplex dwelling, including any accessory structures, on a vacant, lawfully established lot. c. Development associated with a bona fide agricultural use. For purposes of this section, bona fide agricultural use shall be as set forth in article 4, section 4.8, Excavation, Filling and Mining. d. Public works projects constructed within public rights-of-way. e. Public stormwater management projects approved or funded by the Board of County Commissioners and projects associated with the Indian River Lagoon South Project. f. Development activity on existing, previously approved developments for the sole purpose of complying with F.S. ch. 553, pt. II, Accessibility by Handicapped Persons. Page 10 of of 86

16 g. The addition of l Landscaping on previously approved development sites which is not required by a the existing development order. h. The construction of signs. i. Construction activity associated with the connection of approved development to public utilities. j. The relocation of a historic resource within a Community Redevelopment Area. For purposes of this paragraph, "historic resource" shall be as defined in article 4, division 13 of the Land Development Regulations. k. Changes of use of within a lawfully established building. l. Construction associated with the installation of emergency electric power generators on previously approved development. m. The construction of uninhabitable accessory structures less than 300 square feet in size (i.e., dumper enclosures, sheds, gazebos, etc.) on previously approved development sites. n. Changes to approved site plans and lawfully established uses provided such changes shall: 1) Meet the requirements for a Certificate of Public Facilities Exemption pursuant to subsection 5.32.B.3.f., Land Development Regulations, Martin County Code; 2) Not eliminate a development order condition of approval that is in force and effect at the time a change is proposed; 3) Not necessitate the issuance of new state or federal permits or approvals; and 4) Not reduce or eliminate any requirements of the Comprehensive Plan, the Land Development Regulations, or the Code. o. Elective infrastructure improvements such as pervious paving, drainage, pedestrian access, pervious parking or construction of gatehouses to an existing use at an existing intensity where the proposed improvements have been determined by the County Administrator to have minimal impact to surrounding properties and uses and comply with the requirements of the Comprehensive Plan, the Land Development Regulations, or the Code. p. Vehicular and/ or pedestrian interconnectivity between existing developments not to exceed 200 feet in length. q. An addition to an existing building owned and operated by a not for profit homeowners or property owners association located within an existing residential community provided that the building addition is used exclusively for storage and does not exceed ten percent of the square footage of the existing building. 3. The provisions of Section E.2 shall be read in conjunction with Section C. If the proposed change would be ineligible for administrative approval pursuant Page 11 of of 86

17 to C.4. development shall not be exempt from compliance with Sections 10.2 through and through of this Article The provisions of section 10.1.E.2. shall not waive any requirement of the Comprehensive Plan, the Land Development Regulations, or the Code other than the procedures for development review set forth in sections 10.2 through 10.7, 10.9, and through Compliance with all applicable requirements shall be demonstrated prior to the issuance of any development order, building permit, clearing permit or excavation and fill permit F. Consistency required. No development, including clearing, excavation of soil, or alteration of vegetation, shall be commenced or undertaken in Martin County that is inconsistent with the Comprehensive Plan, the LDR and the Code. It shall at all times be the applicant's responsibility to demonstrate consistency with the goals, objectives and policies of the Comprehensive Plan, the LDR and the Code G.Expiration of a development order. If a development order has been issued without a timetable of development, that development order shall be deemed to have expired one year after the effective date of the development order. Exempted from this requirement are all public projects included in an adopted Capital Improvements Plan (CIP) H.Effect of a development order. The effect of the issuance of a development order is limited to the specific terms and conditions of the order. Nothing herein shall be interpreted as granting or implying any rights to any uses or development beyond the specific terms, conditions and limitations of the order. Sec Application procedures A.Preapplication meeting. 1. In general. A preapplication meeting is recommended for all applications for new development. 2. A preapplication meeting shall be mandatory where the site proposed for development has one or more of the following conditions: a. Wetlands, either presently existing on site or which existed on the site in 1982 or at any time thereafter. b. Native upland vegetation, either presently existing on site or which was removed without permitting since February c. Any evidence of adverse impacts to wetlands or uplands on the subject property. d. Well fields on site or within a well field protection zone. e. Contamination from regulated substances previously stored on the site. f. Proposed storage of regulated substances. g. Proposed excavation for a water body on site. h. Location of the site within the coastal high hazard area. Page 12 of of 86

18 i. Location of the site within a designated environmentally sensitive habitat area. j. Presence of habitat for rare, endangered and threatened species and species of special concern. k. Location of the site within a Designated Special Flood Hazard Area, as shown on the Martin County Flood Insurance Rate Maps. l. Location of the site within 250 feet of the drainage basin of the St. Lucie Estuary, the Indian River Lagoon and the Loxahatchee River. 3. A preapplication meeting shall also be mandatory where the proposed use involves any of the following: a. Sanitary landfill. b. Solid waste transfer station. c. Recycling facility. d. Composting facility. e. Chipping and mulching facility. f. Wastewater or water treatment facility. g. Public bathing place, including public swimming pools. h. Salvage or junk yard. i. Incinerator. j. Biohazardous waste processing. k. Electric power generating facility. l. Septic tank. m. Private water supply well. n. Storage facility for regulated hazardous substances. o. Any use that is applying for expedited review in accordance with section p. Any truck stop/travel center. q. Any fuel manufacturing facility, including biofuels. 4. Applications. Applications for all preapplication meetings shall be made on forms provided by the County Administrator. 5. Fee. Payment of a fee established by resolution of the BCC shall be required. 6. Scheduling. The County Administrator shall schedule a preapplication meeting with the applicant and County staff that may be involved in the review of the application. The applicant shall be notified reasonably in advance of the meeting of the time, date and place by the County Administrator. 7. Discussion of the issues. At the preapplication meeting, the participants shall discuss issues that relate to the proposed development. Those issues may include, but shall not be limited to, the following: Page 13 of of 86

19 a. The application requirements and appropriate development review procedures for the proposal, and a tentative schedule of staff review; b. The probable consistency of the request with the Comprehensive Plan, the LDR and the Code, and the future land use and zoning designations on the property; c. The relationship and compatibility between the proposed development and surrounding land uses; d. The physical characteristics of the site proposed for a development, including, but not limited to, environmentally sensitive areas, wetlands, uplands, floodplain, and existing roads, utilities, historical resources, and stormwater management facilities; e. Wildlife protection, including protection for rare, endangered and threatened species and species of special concern; f. The characteristics of the site of the development, including internal circulation, utilities, other public and private facilities such as recreation areas, and common open areas; g. The connections to existing facilities, i.e., roadways, water and sewer lines, and the status of capacity of public facilities to serve the anticipated population growth or impacts of future or proposed development, including water, sewer, solid waste, stormwater facilities, roads, parks, public safety, and mass transit; and h. The applicability of F.S regulating developments of regional impact, to the proposed development. i. the applicability of County monitoring requirements of residential development to the proposed project. 8. Conclusions. The preapplication meetings are intended to provide the applicant with the opportunity to confer with appropriate County staff prior to submitting a formal application. Failure to identify any requirement or procedure at a preapplication meeting shall neither relieve the applicant of complying with the requirement or procedure nor constitute a waiver of the requirement or procedure. The information provided at the preapplication meeting is intended to guide the applicant and in no event is to be considered binding on staff, the BCC, or the applicant B.Application submittal for development approval. Applications for development approval shall comply with the following described procedures: 1. Initiation. A development application shall be filed with the County Administrator by the owner or other person having a power of attorney from the owner to make the application. 2. Acceptance of the application. A development application will be received for processing on any working day. Page 14 of of 86

20 Staff Note: The BCC directed staff to review the terminology to be used to ensure the correct definition of person is used. Based on that review the section below has been revised. 3. Verification of property ownership. The documents required below are required prior to an application being determined complete. After the application is determined to be complete, the applicant has a continuing obligation to provide revised documents to reflect any changes to the information provided that may occur before and as of the date of the final public hearing on the application. a. Proof of ownership must be provided for any application for any type of development order. The applicant shall provide a copy of the recorded deed for the subject property, and shall certify any subsequent transfers of interests in the property. If the applicant is not the owner of record, the applicant is required to report its interest in the subject property. b. The applicant must disclose the names and addresses of each and every natural person or entity with any legal or equitable interest in the property of the proposed development, including all individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, limited liability company, professional associations and all other groups or combinations. c. For those entities that are a firm, association, joint adventure, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, professional associations and all other groups or combinations thereof, every natural person or entity that enjoys a legal or equitable interest in property of the proposed development shall be disclosed including but not limited to any partners, members, shareholders, trustees, and stockholders. d. The disclosure required in b. and c. above shall not apply to companies that are publicly traded and to consultants and contractors who may perform professional services or work related to the property. e. In addition, the disclosure must include those having any interest in a contract for sale of the property, or a conveyance of any interest in the property, including but not limited to, real estate brokers and salespersons; and any and all mortgagees of the property. f. The applicant must list all other applications for which they have an interest as defined in subsection b. and c. above that is currently pending before Martin County. The list shall include any development applications, waiver applications, road opening applications, and lien reduction requests. g. Any development order, including applications for Planned Unit Developments which was granted or approved based on false or incomplete disclosure will be presumed to have been fraudulently induced and will be deemed by the Martin County Board of County Commissioners to be void ab initio and set aside, repealed, or vacated. 4. Evidence of agent's authority to act. An agent shall provide an executed and recordable power of attorney to act on behalf of the owner in making the application. Page 15 of of 86

21 5. Other application contents. Unless otherwise specified in the LDR, an application shall be submitted in a form approved by the County Administrator and made available to the public. At a minimum, it shall include sufficiently detailed and documented information for staff to make the required findings of compatibility with adjacent land uses and consistency with the Comprehensive Plan, the LDR, and the Code. 6. Fees. Each application shall be accompanied by an application fee and a completeness determination fee as established by resolution of the BCC. 7. Digital Submissions. Electronic submission of applications is strongly encouraged. Each application that is not submitted electronically shall be accompanied by an application scanning fee as established by resolution of the BCC C.Application completeness determination. 1. Required documents. Completeness Timeframe. Within seven working days of the validated receipt of an application, the County Administrator shall determine if the application is complete. 2. Incomplete application. If the County Administrator determines the application is not complete for processing, the applicant shall be provided with a written record of the application deficiencies. Appeal of this determination shall be to the Board of County Commissioners as provided in section Incomplete applications, along with the application fee shall be returned to the applicant thereby terminating that particular application. The completeness review fee shall be retained. If the applicant elects to submit another application, the application shall be accompanied by an application fee and completeness determination fee pursuant to section 10.2.B Complete application. A determination of completeness shall not be interpreted as a determination of compliance with the requirements of the Comprehensive Plan, the LDR or the Code. When the application is determined to be complete, the County Administrator shall notify the applicant in writing that the application is complete and is being reviewed pursuant to the procedures and standards of this article. 4. Withdrawal of the application. An applicant, or the duly authorized agent, may withdraw an application at any time by providing a written request to the County Administrator. Such a withdrawal shall terminate that particular application D.Review and analysis. 1. The County Administrator shall complete a review of applications determined to be complete and prepare a report within the time periods provided in the following table: MAXIMUM REVIEW TIME FOR TYPE OF APPLICATION Application Type County Administrator Review [see 10.2.D.1] and Report Page 16 of of 86

22 DRI development application (pursuant to F.S , as amended) F.S. ch. 380 Major development, master or final site plan Minor development, master or final site plan Plat/Replat Affordable/workforce housing application Development application within CRA areas Application for a green development Small scale industrial development application Targeted businesses Public Access to environmentally sensitive land Amendment of the official zoning map Administrative amendment Development agreement Vested rights determination Text Amendment to the LDR Revocation of a Development Order days days days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 30 days Working days days days 60 days 30 days Note: Except for affordable/workforce, small scale industrial and targeted business applications, the time periods set forth above shall be as set forth in section 1.5.B., Land Development Regulations, Martin County Code. In the event of multiple applications being expedited, applications that meet the definition of targeted businesses will be prioritized first. 2. The County Administrator may impose fees for the review of applications by consultants or experts who conduct code compliance review to assist staff in the review of an application. The costs of that review shall be borne by the applicant and shall be limited to specifically identified reasonable expenses incurred in the review. 3. The County Administrator shall prepare a staff report which addresses all requirements of the Comprehensive Plan, the LDR and the Code within the time period set forth in section 10.2.D.1., unless an extension is mutually agreed to by the applicant and the County Administrator. The County Administrator shall expedite the review of affordable/workforce housing applications, development applications within CRA areas, green developments, small-scale industrial applications and targeted business applications, and public access applications to the fullest extent permitted by law and shall direct other reviewing departments/agencies that the application is required to receive expedited staff review. Expedited applications are to be reviewed prior to other applications filed on the same date or in the same application period, except for other expedited applications, in accordance with the timeframes established in section 10.2.D Planned Unit Developments and Developments of Regional Impact shall be allowed three resubmittals without payment of a resubmittal fee. All other development Page 17 of of 86

23 applications noted in section 10.1.D. are allowed a single resubmittal of application materials, without payment of additional review fees. Up to two additional submittals (hereinafter referred to as "elective submittals") shall be allowed with payment of a resubmittal fee. The resubmittal fee for elective submittals shall be established by resolution, taking into consideration the nonsubstantial or substantial nature of the elective resubmittal and the magnitude of the review required of any revised portion of the application. The applicant shall have 90 days from the issuance date of the report to resubmit. The County Administrator may grant one extension not to exceed 60 days upon a showing of good cause. If the applicant fails to meet the resubmittal deadline including any approved extension period, the application shall be terminated, unless the applicant gives notice that an elective resubmittal will be made. The elective resubmittal shall be made within 90 days from the date the prior resubmittal was due, and shall include the resubmittal fee established by resolution. All traffic studies, surveys and other documents that have expired must be updated by the applicant. The applicant's resubmittal may include a request that disputed items be transmitted to the final decision maker for resolution The County Administrator shall review the resubmittal and issue a report within the time period set forth in section 10.2.D.1. a. If the report does not identify any unresolved or outstanding issues, the application shall continue through the review process. b. If the report identifies unresolved or outstanding issues, the application shall be terminated unless the unresolved or outstanding issues have been identified for the first time in this report, the unresolved or outstanding issues are solely related to the need for an applicable local, state or federal permit, the applicant requests that unresolved issues be transmitted to the final decision maker for resolution, or applicant chooses to make an elective resubmittal with a resubmittal fee. c. In addition to the foregoing, if the report indicates that the application is substantially complete with only minor outstanding technical issues or issues identified for the first time in the report, the applicant may correct the application which may then be scheduled for a joint workshop meeting, public meeting or public hearing as required. One resubmittal of the documents to correct such issues may be accepted without payment of additional review fees. Examples of minor technical issues include, but are not limited to: minor corrections on the site plan or plat; correction of the digital disc; or submission of corrected documents required by one of the reviewing departments. The County Administrator shall determine whether an item is a minor technical issue. Resubmittal of the corrected documents is required within 90 days. The County Administrator may grant a one-time extension not to exceed 60 days. d. If the report identifies other processes that must be completed prior to the issuance of the development order, the required period for response by the applicant shall be automatically extended until the other processes are completed, not to extend beyond one year from the date of the report. Examples Page 18 of of 86

24 of other processes include, but are not limited to: issuance of permits from another reviewing agency; processing of land use or rezoning applications; completion of an environmental waiver process, variance application pending Board of Zoning Adjustment action; completion of a water/wastewater agreement; completion of an alternative compliance request; completion of the land donation process and judicial proceedings. e. If an application is permitted an extension under section 10.2.D.4.b., c., or d., then the applicant shall, if applicable, be required to update documents that have time frames established by other sections of the Land Development Regulations prior to approval of the project. f. At any time, the applicant may request that the County Administrator forward the application to the decision-maker for review and final action. Upon such a request by the applicant, the applicant shall not be entitled to any postponements or continuances, unless the applicant can show extraordinary circumstances as provided by law for the granting of a postponement or continuance. g. If the report is not issued within the time period set forth in section 10.2.D.2. and the applicant does not agree to an extension of the review time, the development application, staff review documents and report at its current stage of completion, with an explanation of the reason(s) for the delay, shall be forwarded to the decision-maker for review and final action pursuant to all requirements of this article. This provision shall not be construed to allow any application to be approved which is not in compliance with the Comprehensive Plan, the LDR or the Code. 5. Valid development applications that were received prior to July 2, 2007, and have not been approved by July 2, 2008, shall be subject to the resubmittal requirements set forth in section 10.2.D.3. and 10.2.D.4., above. Any valid development application received prior to July 2, 2007, that has not been approved by July 2, 2008, must submit a letter requesting its continued review under the provisions of this section 10.2.D.5. If no request is received by July 2, 2008, the application shall be terminated. 5. Misrepresentation. If evidence of misrepresentation, fraud, deceit, a deliberate error, or omission is discovered during the application review, the review of the application shall be terminated and the application shall be remanded for a determination of completeness. 6. If an applicant does not respond to the report, or request an extension of time within the time periods specified elsewhere in the article, the application shall be deemed null and void. 7. When reviewing an application for a development permit that is certified by a professional listed in F.S , the County shall not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the Page 19 of of 86

25 County, at the applicant's request, shall proceed to process the application for approval or denial. 8. The County Administrator shall establish written policies and procedures to implement the provisions of section Sec County Administrator functions A.Review and action by the County Administrator. 1. The County Administrator shall review all applications., as specified in Section 10.2.D.1.and provide recommendations to the Board of County Commissioners on those items forwarded to the Local Planning Agency and the Board of County Commissioners as provided in Section 10.1.D. 2. The County Administrator shall take final action on minor development applications: a. Upon completion of the review of minor developments, the County Administrator shall issue a written development order approving or approving with modifications, the application, which shall constitute final action of the County Administrator. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved by the County Administrator. b. Within five working days of issuing the development order, the County Administrator shall cause to be published a notice of issuance of development order in the legal advertisement section of a newspaper of general circulation in Martin County, as defined in F.S. ch. 50. c. Appeals of the County Administrator's final action shall be to the BCC as provided in section Sec Functions of the Local Planning Agency (LPA) A.Review and action by the LPA. 1. The following applications shall be reviewed by the LPA at a public hearing for compliance with the Comprehensive Plan, the LDR and the Code: major development master site plans, major development final site plans for projects which have not received master site plan approval; PUD zoning agreements, amendments to the official zoning map, vested rights determinations and developments of regional impact. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be recommended for approval by the LPA. 2. Following a review of an application, the application may be scheduled at the next available meeting of the LPA consistent with the notice requirements of section 10.6, t.the LPA shall hold a public hearing and consider the application, the staff report, any applicant response and any public comment. Page 20 of of 86

26 3. After the conclusion of the public hearing, the LPA shall recommend the application to the BCC for approval, for approval with modifications or for denial. 4. The LPA shall review proposed revisions to the LDR for consistency with the Comprehensive Plan at a public hearing. The LPA shall consider the proposed LDR revision, the staff report and any public comments. After the conclusion of the public hearing, the LPA shall recommend the proposed revision to the BCC for approval, for approval with modifications, or for denial. Sec Final action by the Board of County Commissioners A.Final action on development applications. 1. The BCC shall consider the following matters at a public hearing: major development master site plans, major development final site plans for projects which have not received master site plan approval; PUD zoning agreements, development agreements, amendments to the official zoning map, vested rights determinations and developments of regional impact. At the conclusion of the public hearing, the BCC shall approve, approve with modifications or deny the development application, which shall constitute the final action of the BCC. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved. 2. The BCC shall consider the following matters at a public meeting: major development master site plan amendments, major development master site plan extensions to the development timetable, major development final site plans, major development final site plan amendments, major development final site plan extensions to development timetable, PUD zoning agreement amendments, development agreement amendments, plats, re-plats, and vacation of plats. For purposes of this paragraph, the public meeting procedures set forth in section 10.7.B. are not mandatory but rather are at the discretion of the BCC. After consideration of the development application, the BCC shall approve, approve with modifications or deny the application. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved. 3. Any person adversely affected by the final action of the BCC may apply for judicial relief B.Revisions to the LDR. 1. Following review by the LPA, the BCC shall consider revisions to the LDR at a public hearing, pursuant to the provisions of F.S. ch The BCC shall review proposed revisions to the LDR for consistency with the Comprehensive Plan. 3. After the public hearing, the BCC shall approve, modify and approve, or reject a proposed LDR revision C.Termination of a PUD development approval. The BCC may initiate termination of a breached PUD zoning agreement according to the following procedure. Page 21 of of 86

27 1. Notice of a public hearing. At such time as the BCC becomes aware of the possible breach, it may schedule a public hearing, pursuant to section 10.6, on reconsideration of the development approval and its possible termination. 2. Public hearing. At the public hearing, the BCC shall review the conditions of the PUD zoning agreement, consider the evidence of noncompliance with the condition(s) of approval, and determine whether a breach has occurred. The BCC may allow the property owner an opportunity to demonstrate compliance with the county's conditions of approval. 3. Change to future land use and zoning. In the event that the BCC determines that a breach of the PUD zoning agreement has occurred and voids the development order, the BCC may initiate an amendment to the plan to cause the property to revert to its immediately preexisting future land use designation or the most appropriate designation and rezone the property to a consistent zoning district. 4. Cessation of permitting. Following the termination of a PUD development order, all further county permitting associated with the voided approval shall cease. 5. Nonconforming uses. Those portions of the improvements authorized by the nowvoided PUD development order and constructed in conformity with any approved final site plan shall be nonconforming uses when in noncompliance with the restored underlying future land use and/or appropriate zoning designation. Sec Notice requirements A.General. Notice of all meetings and hearings of the LPA and BCC regarding development applications shall follow the notice requirements provided for in this section B.Posting of signs. Not more than ten days after a development application has been determined to be complete, the applicant shall post the property that is the subject of the application with a waterproof sign(s) entitled "Notice of Development Application" or "Notice of Zoning Change" as appropriate which describes the nature of the development request, the name of the project (if any), the telephone number where additional information may be obtained, and the County assigned project or application number. 1. The sign(s) shall have a uniform yellow background with letters in black. Lettering shall be at least two inches in height except as otherwise set forth in paragraph 3 below. 2. The sign(s) shall be double-faced and placed perpendicular to the street. The sign face and lettering shall be clearly visible by drivers and pedestrians traveling in either direction and should not be obstructed. Where the property abuts more than one roadway, at least one sign for each additional roadway shall be posted to satisfy this requirement. If the property does not abut a public right-of-way, signs shall be placed at the nearest public right-of-way with an indication of the location of the subject property. Page 22 of of 86

28 3. Signs facing minor arterial, major arterial or major collector streets shall be at least 12 square feet in area per face and the title of the sign (e.g. "Notice of Development Application" and the project or application number shall have letters at least eight inches in height. Signs facing all other streets shall be at least six square feet in area per face and the title and project application number shall be at least four inches in height. 4. Reasonable maintenance of the sign(s) by the applicant shall be required until the conclusion of the development review process to ensure that the required sign(s) remain legible. All posted signs shall be removed within ten days after the final action has been taken on the development application. 5. The applicant shall submit a notarized certification to the County Administrator within ten days following the posting stating that the sign(s) was posted according to and complies with the standards of these notice provisions. Failure of the applicant to submit a notarized certification shall toll the application review periods of section 10.2.D C.Public meetings and agendas. Notice of public meetings of the LPA and the BCC regarding development applications shall be published in a newspaper of general circulation in Martin County as defined in F.S. ch. 50 consistent with F.S. ch Agendas for public meetings shall be available no less than five calendar days prior to the scheduled meeting; however, amendments to the agenda may occur subsequent to that time D.Newspaper advertisement. Notice of public hearings regarding development applications shall be published at least 14 days prior to the date of the public hearing (seven calendar days if the application is being expedited pursuant to section 10.12) in the legal advertisement section of a newspaper of general circulation in Martin County, as defined in F.S. ch. 50 and consistent with the provisions of F.S. chs. 125, 163 and E. Mailing of notice. 1. Notice of a public hearing. The notice of a public hearing regarding development applications shall be mailed at least 14 calendar days (seven calendar days if the application is being expedited pursuant to section 10.12) prior to the public hearing by the applicant to all owners of real property located within a distance of feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to feet. In addition, notice shall be mailed to all homeowner associations, property owners associations, condominium associations and the owners of each condominium unit within the notice area. 2. List of property owners. A list of all owners to be notified pursuant to this section shall be provided by the applicant to the County Administrator no later than two weeks prior to the scheduled time of the public hearing. This list shall be based on the most recent tax roll available and must be certified as to its authenticity and completeness by an attorney at law or title company F. Notice to adjacent governments. Notice of all development applications relating to property which is within one mile of another general purpose government shall be Page 23 of of 86

29 mailed by the applicant to the appropriate entity within the jurisdiction at least 14 days prior to the public hearing G.Required content of mailing and advertisement. 1. Mailed notices required pursuant to this article shall be in a form provided by the County Administrator and shall include at a minimum: a. The date, time and location of the public hearing. b. A general location map depicting the subject property. c. A description of the location of the subject property (i.e., a description of the location in relation to major streets or other landmarks in the vicinity). d. The current and previous names of the project (as well as any commonly known name). e. The address of the subject property, if available. f. The name of the applicant. g. A summary of the proposal under consideration, including density and number and type of residential units or the intensity and square footage of nonresidential uses when applicable. h. The name of the governmental body conducting the hearing. i. The notice shall advise that interested parties are invited to appear at the meeting and be heard regarding the proposal under consideration. j. The notice shall specify where the original application and associated documents can be reviewed. k. Pursuant to F.S. ch. 286, the notice shall state that if any person decides to appeal any decision made with respect to any matter considered at such hearing, a record of the proceedings may be needed, and in that event, such person may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The notice shall also specify where the original application and associated documents can be reviewed. 2. Newspaper advertisements required pursuant to this article shall include all items listed in subsection G.1., except item b. Staff Note: Direction was to include a map in the newspaper ad or better describe the location in the ad. Staff recommends no change but has prepared two options for the Board to consider. Both involve revisions to 10.6.G.2. Two options: 2. Newspaper advertisements required pursuant to this article shall include all items listed in subsection G.1., except item b. 2. Newspaper advertisements required pursuant to this article shall include all items listed in subsection G.1., except item b. For item d. above the description of the location shall include an address. If no address is assigned then the location shall be written in plain language that clearly describes the property location. Page 24 of of 86

30 10.6.H.Additional notice. The following notices are separate and distinct from the required public notice requirements of this section. Failure of any person to receive the notice provided for in this paragraph will not violate public hearing requirements. 1. In addition to the mailed notices required by section 10.6.E.1., the applicant shall mail provide copies of all public hearings notices regarding a development application to any person who has made a request for such notice to the County Administrator. 2. A person who has made a request to the County Administrator shall receive notices of the agendas of all public meetings and hearings concerning development applications. An annual fee established by the BCC shall be required in order to defray the costs of administration, reproduction and mailing. Sec Procedures for public meetings and hearings A.General procedures for hearings and meetings. 1. Scheduling. A matter shall not be set for a public meeting or hearing until the review process has been completed. 2. Availability of an application and staff report. Any person may examine a development application and materials submitted in support of or in opposition to the application at the office of the County Administrator Growth Management Department during normal business hours upon reasonable notice. Any person shall be entitled to obtain copies of the application and the submitted materials upon payment of a fee to cover the cost of duplication. 3. Postponements and continuances. a. The body conducting the public hearing or meeting may continue the public hearing or meeting to a fixed date, time and place. b. The applicant shall, upon request, be granted two postponements or continuances of a public meeting or hearing of the deliberating body. 4. Reconsideration of action. A motion to reconsider action taken on a development application may be made at the same meeting or the next meeting of the decisionmaking body held thereafter only by a member voting on the prevailing side of the original vote. For purposes of this paragraph, an absent member will be presumed to have voted on the prevailing side. If the question resulted in a tie vote, any member may move for reconsideration at the same meeting or at the next meeting of the full body. A motion to reconsider may be seconded by any member and must be approved by a majority of the quorum in attendance. The notice provisions set forth in section 10.6 must be complied with prior to the subsequent public hearing for reconsideration of any action or taking new action on the development application. 5. Ex parte communication rules. a. Communication between staff and the applicant or staff and members of the public regarding development applications shall be permitted and is encouraged. Page 25 of of 86

31 b. Communication with a member of a decision-making body regarding development applications shall be governed by the provisions of F.S. ch. 286 and section 1-11 of the Code. 6. The record. a. The body conducting the public meeting or hearing shall record the proceedings. A copy of the record may be acquired by any person upon application to the Commission Records Department and payment of a fee to cover the cost of duplication of the record. b. A transcript of the meeting, when and if available, the minutes of the meeting, all applications, exhibits, documents, written comments and other materials submitted in any proceeding before a decision-making body shall constitute the record. c. All records of decision-making bodies shall be public records, open for inspection during normal business hours and upon reasonable notice. 7. Written decision. a. All actions, whether final actions or recommendations, shall include a summary of, or reference to, the pertinent record before the decision-making body and a statement clearly indicating the action taken by the decision-making body. b. A copy of the written decision shall be mailed to the applicant and shall be available for review at the office of the County Administrator during normal business hours within a reasonable period of time following the decision. c. The date of the action shall be the date the decision is made and not the date the written document evidencing the action is executed, transmitted, or received by the applicant. d. When an application is denied, the County shall give written notice to the applicant. The notice shall include a citation to the applicable portions of an ordinance, rule, statute or other legal authority for the denial B.Procedure for public meetings. Decision-making bodies may adopt additional procedural rules for public meetings which are not inconsistent with the provisions of the LDR. Generally, the order of the proceedings at a public meeting regarding a development application shall be as follows: 1 The County Administrator or his designee, shall present the staff report and recommendation. 2. The applicant may make a presentation, review the staff report and discuss any information in the application or report the applicant deems appropriate. 3. The decision-making body shall allow public comment regarding a development application. 4. Members of the decision making body or staff may ask questions or respond to statements made by the applicant or the public at any time as recognized by the chair. Page 26 of of 86

32 5. After the conclusion of the public meeting, the decision-making body shall either make a recommendation to approve, approve with modifications or deny the development application or take final action on the development application pursuant to the requirements of this article C.Procedure for public hearings. 1. Order of proceedings. Generally, the order of proceedings at a public hearing regarding a development application shall be as follows: a. The County Administrator shall present the staff report and recommendation. b. The applicant shall submit proof of the required mailing of public hearing notices. The applicant may make a presentation, review the staff report and discuss any information in the application or report the applicant deems appropriate. c. Members of the public shall be given an opportunity to speak and submit written comments and materials during the public hearing. Comments and submittals should be directed toward the standards applicable to the subject development application. The chair may limit irrelevant, immaterial or unduly repetitious comments subject to concurrence by the majority of the decisionmaking body. The applicant shall be given an opportunity to respond to any testimony presented or materials submitted by the public. d. Members of the decision-making body or staff may ask questions or respond to statements made by the applicant or the public at any time during the public hearing upon recognition by the chair. e. Upon the conclusion of public comments and a final opportunity for the applicant to address any additional comments presented, the chair shall close the public hearing. f. After the conclusion of the public hearing, the decision-making body shall approve, approve with modifications or deny the application. g. The submission of written materials prior to the public hearing is encouraged to afford members of the decision-making body sufficient time for review, in order to be included in the record, written materials must be submitted prior to any decision of the decision-making body. 2. Decision-making bodies may adopt additional procedural rules for public hearings which are not inconsistent with the provisions of the LDR. 3. Prohibition on successive applications. Whenever any application for a development permit is denied, an application for a development permit for all or for a part of the same land shall not be considered for a period of one year after the date of denial unless the subsequent application involves a development proposal that is materially different from the prior proposal or unless the person or a majority of the members of the decision-making body that made the final decision on the application determined that the prior denial was based on a material mistake of fact. For the purposes of this section, an application for a development permit shall be considered materially different if it involves a change in use, a change in intensity or density of use of 25 percent or more, or if changed circumstances justify the Page 27 of of 86

33 application as a matter of law. The person who made the final decision, or if the final decision was made in a public hearing, then the BCC shall resolve any question concerning the similarity of a successive application, whether a successive application is authorized under this section, or any other question that may develop under this section. Sec Suspension of development orders for failure to comply A.Purpose and intent. Development activity shall be in compliance with the development order at all times. Failure to comply with a development order or unauthorized development activity may result in the suspension of the current development order, and the cessation of county processing of all applications for development on the subject property and any associated phases or termination of the development order B.Applicability. This section shall apply to all development orders subject to the provisions of this article. Time limits and conditions of approval are subject to the requirements of this section, whether approved prior to or subsequent to the effective date of this section C.Exemptions. Development orders for public projects are exempted from the provisions of this section D.Misrepresentation. If there is evidence that an application for a development order was considered wherein there was misrepresentation, fraud, deceit, a deliberate error of omission, or a material omission that should have been disclosed by the applicant, the county shall initiate a rehearing to reconsider the development order. The county shall re-approve, approve with new conditions, or deny the development order at the rehearing based upon the standards in this article. Any development order, or Planned Unit Development which was granted or approved based on false or incomplete disclosure of ownership will be presumed to have been fraudulently induced and will be deemed by the Martin County Board of County Commissioners to be void ab initio and set aside, repealed, or vacated. If evidence of misrepresentation, fraud, deceit, a deliberate error, or omission is discovered during the application review, the application shall be remanded for a determination of completeness E. Processing a complaint of failure to comply with conditions of approval or time requirements of a development order. Any person, including the BCC or any member of the BCC, may file a complaint with the County Administrator alleging that the time limitations or condition of approval of a development order have been violated, that unauthorized development has occurred or that misrepresentation, fraud, deceit, deliberate error of omission or a material omission that should have been disclosed by the applicant regarding information required in a development application has occurred. In the event that a complaint is filed, the following procedures shall apply: 1. Investigation of a complaint of a violation. The County Administrator shall cause an investigation of the complaint. Page 28 of of 86

34 2. Assessment report of the alleged violation. The County Administrator shall prepare a report assessing the alleged violation. The report shall be issued as soon as possible but no later than 30 calendar days of the receipt of the complaint. 3. Notification of Code violation. When the evidence indicates that a violation of the Code of Ordinances has occurred, the proof and the report shall be forwarded by the County Administrator to the appropriate county enforcement official as soon as possible, but no later than five calendar days following the determination. 4. Suspension of a development order. The severity of an alleged violation determines whether a suspension of development activity is required. a. Proof of the violation of a provision of the Comprehensive Plan, the LDR or the Code governing protection and management of coastal resources, conservation of habitat and wildlife and open space, drainage and groundwater resources shall be sufficient to immediately suspend unauthorized development activity on the property that is the subject of a complaint. b. Proof of a violation affecting the public safety shall be sufficient to suspend unauthorized development activity. c. Proof of a violation of the timetable of development or a condition of approval, the impacts of which have not directly degraded natural resources or public health, safety and welfare, may subject a development order to suspension. Suspension of a development order may not be necessary if staff determines that an alleged violation of a condition of approval or the timetable of development can be altered, as provided for in section 10.14, so long as the alteration does not contradict a specific BCC-imposed condition of approval. Such a change or amendment shall not cause the development to be inconsistent with any Comprehensive Plan, LDR, or Code requirement. 5. Suspension of development activity on the subject property. In the event of a suspension of a development order, the following will occur: a. No new development order affecting the property shall be issued. b. A stop work order shall be issued for any development authorized by a county permit on the subject property. However, limited development may be allowed to secure the site. The stop work order shall remain in effect until a final determination is made on the alleged violation. c. The County Administrator shall notify the property owner by certified mail of the suspension within five calendar days of the date of the completed assessment report. 6. Record notice. Within ten calendar days following the completion of the assessment report that indicates a violation has occurred, the County Administrator shall cause a document to be filed with the Martin County Clerk of the Circuit Court that provides the following record notice: a. A condition of development has been violated or a time-certain activity has not proceeded as required or unauthorized development or misrepresentation has occurred; and Page 29 of of 86

35 b. A review of the project and the development order is being conducted pursuant to the terms of this section; and c. Until the review is completed and any violation is satisfactorily resolved, all development is suspended and no new development order for the subject property shall be issued by Martin County; and d. Such other information as may be reasonable and necessary to afford adequate record notice of the effect of this section on the rights of property owners. 7. Remedy by filing a new application. Suspension of development shall not preclude the property owner from filing a new application so long as a satisfactory restoration plan pursuant to section 10.8.H is included as part of the new application F. County Administrator's actions. 1. When the County Administrator determines that a violation of a development order has occurred, the County Administrator may: a. Alter the development order, pursuant to section 10.14; or b. Revoke a minor development order; or c. Determine that an amendment to a major development order is necessary and schedule the matter as a public hearing before the BCC at the next available meeting consistent with the notice provisions of section Appeal. An appeal of a final action of the County Administrator regarding a complaint filed under this section shall be to the BCC, as provided in section G.BCC review and final action. 1. Public hearing. The BCC shall consider a proposed amendment of a major development order to resolve a violation at a public hearing, noticed pursuant to section 10.6 and conducted according to the provisions of section Findings. After the conclusion of the public hearing the BCC shall find that: a. A violation of the development order has not occurred; or b. A violation of a condition of approval has occurred; or c. A violation of the approved timetable of development has occurred; or d. The matter should be referred to the Martin County Code Enforcement Board for review. 3. BCC action. The BCC shall take one or more of the following actions: a. Direct that the right to develop be restored; b. Grant by resolution a time extension for compliance with a condition of approval beyond the limitations for administrative time extensions provided for in section 10.14; c. Adopt a resolution imposing modified time limit or additional conditions or direct the property owner to initiate an application to modify or add conditions to bring the development into conformity with the Comprehensive Plan, the LDR, and the Code; Page 30 of of 86

36 d. Direct the code enforcement staff to investigate the alleged violation; e. Direct the denial or revocation of a building permit, the issuance of a stop work order, or the withholding of a certificate of occupancy; f. Adopt a resolution terminating the development approval of the major or other conditional use, as provided for in section 10.5.C. 4. Time limit for the decision of the BCC. The decision of the BCC shall be rendered within 60 calendar days of the date of the advertised public hearing, unless good cause is shown and made part of the record, or provided that the property owner has not requested a postponement of the matter. 5. If the BCC fails to act within the prescribed time period, except when a postponement has been granted, the processing of new development orders on the subject property shall resume without further delay. Reinstatement of the right to develop shall be filed, as provided for in this section. 6. Appeals. Any person adversely affected by the final action of the BCC may apply for judicial relief H.Procedure for reinstating the right to develop property. 1. Initially, further development of the subject property shall be limited to activities which restore the property to its physical state that existed prior to the violation compliance with the suspended order; and 2. Restoration plan. The property owner shall submit restoration plan which complies with the following requirements, unless a more stringent standard is required elsewhere in the Comprehensive Plan, the LDR or the Code: a. Identify the extent of the unauthorized development and the resulting physical change to the property; and b. In a development application, specify how, where, what, when, and the cost of restoring the property to a condition of compliance; and c. When necessary, require the creation of native upland habitat on site to replace that which was destroyed; and d. Provide a preserve area management plan; and e. Provide certification from a professional responsible for the preserve area management plan that the plan will assure continuation of the wetland or upland values and functions; and f. Include performance surety in the amount of 150 percent of the estimated cost of restoring the property to its condition of compliance. Release of the surety shall be in accordance with the applicable provisions of the LDR for specific corrective measures, or, in the absence of an applicable provision, the surety shall not be released until two years after the County Administrator acknowledges completion of the restoration. 3. Reinstating the right to develop. After a minimum of one-half of the restoration plan has been completed and has been found acceptable by the County Administrator, and the performance surety for the remainder of the plan has been provided to the Page 31 of of 86

37 County, the County Administrator shall rescind the suspension of the development order. The property owner shall have six months to complete the restoration. At the conclusion of the six-month period, if the restoration has not been completed and found acceptable by the County Administrator, then the County Administrator shall reinstate the development order suspension. The right to develop may be reinstated by the County Administrator by filing a second document with the Martin County Clerk of the Circuit Court indicating that the right to develop on the property has been restored, and such other information as may be reasonable and necessary to afford adequate record notice of this effect of this section on the rights of the property owner. 4. Fee for reinstating the right to develop. The record notice shall only be recorded upon payment of the applicable fees as established by resolution of the BCC. The record notice fee may be waived for the following reasons: a. It has been determined that a violation has not occurred; b. The property owner is a government agency; or c. The property owner is prevented from complying by a government-caused delay or by litigation that would prevent action by the property owner to bring the development order into compliance I. Vested rights. This section is not intended to restrict any vested rights, as provided for in section Sec Post-approval process A.Submittal of required documents to obtain a development order. 1. Option One. This option shall apply to applicants who submitted all required federal and state permits and approvals prior to the issuance of a development order by the County. a. Timely submittal. All required and executed documents, plans, and fees shall be submitted at one time to the County Administrator. Required documents for all approvals shall be submitted within 60 calendar days of approval of the project. b. Outstanding financial obligations. All outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens; hauling fees and inspection fees shall be paid prior to the issuance of a development order by the County. For development applications located within any of the County's Community Redevelopment Areas all outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens, hauling fees and inspection fees shall be paid prior to the issuance of any building permits by the County. c. Construction or development activity. No construction or development activity shall commence until all required documents and fees are received and approved. Page 32 of of 86

38 d. Extension of time to submit required documents. The applicant may request a 60-calendar-day extension of time to submit the required documents. The written request shall be directed to the County Administrator who may grant the extension and notify the applicant in writing of the new extended date. There shall be no extension of the time for paying the fees required by article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR. e. Untimely submittal of documents. Failure to submit the required approved, executed documents, and plans by the post-approval deadlines shall render the previously granted project approval null and void. The applicant may obtain a second 60-calendar-day extension by paying an extension fee established by resolution. There shall be no extension of the time for paying the fees required by article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR. 2. Option Two. This option shall apply to applicants who elected not to submit all required federal and state permits and approvals prior to the issuance of a development order by the County. a. Timely submittal. All required and executed documents, plans, and fees shall be submitted at one time to the County Administrator. Required documents for all approvals shall be submitted within 60 calendar days of approval of the project. b. Outstanding financial obligations. All outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens; hauling fees and inspection fees shall be paid prior to the issuance of a development order by the County. For development applications located within any of the County's Community Redevelopment Areas all outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens, hauling fees and inspection fees shall be paid prior to the issuance of any building permits by the County. c. Submittal of required federal and state permits and approvals. For all final site plan or revised final site plan applications all required federal and state permits and approvals shall be submitted prior to the scheduling of an on-site preconstruction meeting by the County and prior to the commencement of construction or development activities authorized by the development order. If the federal or state permit or approval issued for the project is inconsistent with the approved final site plan or revised final site plan or other approved plans and documents the applicant shall apply for an amendment to the approved development order in accordance with the requirements of section 10.14, Amendments to approved development orders. d. Review of federal and state permits and approvals. All required federal and state permits and approvals that are submitted to the County after a development order has been issued shall be reviewed for consistency with the County issued development order, including approved plans and documents. e. Consistency review process. Within 15 working days of the validated receipt of all required federal and state permits and approvals the County Administrator Page 33 of of 86

39 shall determine if the permits and approvals are consistent with the County issued development order, including approved plans and documents. Payment is required of a fee established by the Board of County Commissioners by resolution for the consistency review. At the conclusion of the review process the applicant shall be notified if the pre-construction meeting can be scheduled or an amendment to the approved development order is required. f. Construction or development activity. No construction or development activity shall commence until all required documents, federal and state permits and approvals, and fees are received and approved. If an amendment is required to a development order no permits for construction or development activity shall be issued until the amended development order has been approved. g. Extension of time to submit required documents. The applicant may request a 60-calendar-day extension of time to submit the required documents. The written request shall be directed to the County Administrator who may grant the extension and notify the applicant in writing of the new extended date. There shall be no extension of the time for paying the fees required by article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR. h. Untimely submittal of documents. Failure to submit the required approved, executed documents, plans and federal and state permits and approvals by the post-approval deadlines shall render the previously granted project approval null and void. The applicant may obtain a second 60-calendar-day extension by paying an extension fee established by resolution. There shall be no extension of the time for paying the fees required by article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR B.Procedure for review and submittal of documents after approval. 1. Applicant's responsibility. It is the applicant's responsibility to submit all required documents, listed in the Requirements List which will be mailed to the applicant when the project receives approval. Documents submitted must reflect the approval action and be executed correctly by the applicant. 2. Responsibility of the County Administrator: a. The County Administrator shall be responsible for review of submitted documents to ensure they are in the same form approved by the decisionmaking body. b. When the decision-making body has imposed conditions, the County Administrator shall disseminate these conditions to the appropriate county staff for implementation. 3. Sufficiency review. Upon submittal of the required approved, executed postapproval documents, the County has five working days to perform a sufficiency review of the documents. If the County Administrator determines the post-approval documents are incomplete for review, the applicant is required to retrieve the entire packet and provide a resubmittal within 20 working days or 60 days from the date of approval of the development order, whichever occurs last. If the applicant fails to meet the resubmittal deadline, the previously granted project approval shall be deemed null and void. Page 34 of of 86

40 4. County Administrator review and recordation of documents. When the documents submitted are found sufficient, the County Administrator shall initiate the review of the applicant's post-approval documents, including any conditions. The review staff will have ten working days to perform their review. If the application requires legal review, the legal staff will have twenty working days to perform their review. The response shall be one of the following: a. A "finding of compliance." Within five working days of the completion of the staff and legal staff review, the County Administrator will notify the applicant via letter of the successful completion of the post-approval review and the required recording fees. Upon payment of the recording fees, the County Administrator will obtain the necessary signatures and record the documents in the public records. Copies of the recorded documents will be provided to the applicant. b. A "finding of noncompliance." Within five working days of the completion of the staff and legal staff review, the County Administrator will notify the applicant by letter of the deficiencies and how they are to be resolved. The applicant will submit the items necessary to resolve the deficiencies to the County Administrator. If the applicant does not resubmit the items with all the deficiencies corrected within 20 working days or 60 days from approval of the development order, whichever occurs last, the previously granted project approval shall be deemed null and void. Upon receipt of the corrected items by the County Administrator, the review will follow the procedures set forth in sections 10.9.B.3. and B C.Continuing compliance requirements. A development order shall be updated to reflect subsequent changes and modifications while it remains valid and development has not been completed. In addition, the owner of the property shall comply with the following continuing compliance requirements: 1. Excluding subdivision single-lot sales of property that is included in a development order, notice of change of ownership, including but not limited to changes due to mortgage foreclosure and bankruptcy, shall be submitted to the County Administrator within 60 days of any change; 2. Unity of title shall be maintained by the owner of the property that is the subject of a development order until completion of the project, provided that ownership of a phase may be transferred upon final approval of that phase; and 3. Unity of control shall be maintained by the owner of property until the completion of the project as approved in the master site plan and any zoning agreement. The owner shall be liable for compliance with the terms of the development order until all authorized development has been completed, with all conditions and requirements satisfied, and the last certificate of occupancy has been issued. Sec Appeal of final actions A. Purpose and applicability. This section provides for the administrative appeal of final actions of the County Administrator and county administrative officials Page 35 of of 86

41 regarding development applications. The filing of an administrative appeal under this section shall suspend the finality of the action being appealed until the administrative appeal proceedings are concluded. Where a final action regarding a site plan has been appealed pursuant to this section, the BCC shall not approve a plat for the subject parcel of land until the appeal proceedings are concluded B. Initiation of the appeal. 1. Filing. Any person adversely affected by a final action of the County Administrator or a County administrative official shall file an appeal with the County Administrator prior to applying to the courts for judicial relief. a. Adversely affected person means any person who will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services or environmental or natural resources. b. The alleged adverse effect may be shared in common with other members of the community at large, but shall exceed in degree the general interest in common good shared by all persons. c. Person means individuals, local governments, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. d. It is the intent of this section that the term "adversely affected person" shall be broadly and liberally construed so as to effect the purpose of recognizing standing to the fullest extent. 2. Timely application. Any adversely affected person may appeal a final action of the County Administrator or any County administrative official by filing a notice of appeal with the County Administrator within 30 days of the date of final action. For the appeal of County Administrator final actions on minor developments, the time shall be calculated from the date the final action is taken and not from the date the written document evidencing the final action is executed and filed. The appeal of a final action of a County administrative official shall be filed within 30 days of the date the final action is taken on a development order which relies on the final action of the County administrative official. If the appellant is not the applicant, the appellant shall serve the applicant with a copy of the notice of appeal at the same time as the notice of appeal is filed with the County Administrator. Failure to timely file an appeal shall constitute a waiver of any right to an appeal. 3. Completeness determination. The County Administrator shall determine if the appeal is complete pursuant to section C. within five working days of the receipt of the notice of appeal. An appellant may request additional time to submit the record provided that such a request is made prior to the expiration of time to file a notice of appeal and provided that such extension does not exceed 30 days in total. If the appeal is not complete, a written notice shall be provided to the appellant by the County Administrator specifying the deficiencies. The appellant shall have ten working days from the date of the written deficiency notice to file with the County Administrator the information necessary to address the deficiencies. Failure of the Page 36 of of 86

42 appellant to complete the application, as determined by the County Administrator, within the time period shall constitute a waiver of any right to appeal and the final action shall become effective C. Requirements for a complete notice of appeal. A notice of appeal shall include the following materials to be considered complete: D. 1. Identification of appellant. The name, address, and telephone number of the party on whose behalf the appeal is filed shall be stated in the notice. 2. Identification of appellant's representative. The name, address and telephone number of any person representing an appellant shall be stated in the notice. 3. Authorization. Evidence of the representative's authority to act on behalf of the appellant shall be provided. 4. Description of the action. A statement identifying the final action that the appellant is appealing, including the name of the decision-maker or decision-making body, the date of the decision, and applicable resolution number or file number shall be stated in the notice, or a copy of the final action shall be attached to the notice. 5. Description of alleged error. A statement describing the basis for the appeal, identifying the issues to be addressed, the applicable legal authorities or precedents and the relevant portions of the record. 6. Relief. A demand for the relief which the appellant seeks. 7. Fee. A nonrefundable fee in the amount established by resolution of the BCC shall be paid when the notice of appeal is filed to defray the actual cost of processing the appeal. 8. Record. Copies of all documents or exhibits upon which the appeal is based shall be attached to the notice, or may be clearly identified in the notice by date, title and author if the documents are already filed in the public records of Martin County. Conduct of the appeal. 1. Schedule. The County Administrator shall convene an administrative review meeting to consider the appeal no more than ten working days after the appeal has been determined to be complete. Notice of the time and date of the meeting shall be provided to the appellant and to the applicant, if the applicant is not the appellant, at least five working days prior to the date of the meeting. 2. Participants. The participants in the administrative review meeting shall consist of the County Administrator, the appellant and/or the appellant's representative, and the County Attorney. In addition, the director of the department whose final action has been appealed shall be a participant. If the appellant is not the applicant, the applicant and/or the applicant's attorney may attend the meeting and shall be entitled to participate as an intervenor. 3. Conduct of the administrative review meeting. At the administrative review meeting, the County Administrator shall consider the record and provide the appellant, an applicant and the County with an opportunity to be heard. Page 37 of of 86

43 10.10.E. 4. Scope of the hearing. The County Administrator shall consider only those facts established at the time of the appealed final action and shall not consider new information or evidence. 5. Written decision. Within 15 working days after the conclusion of the administrative review meeting, the County Administrator shall issue a written decision which shall be provided to the appellant and the applicant, if the appellant is not the applicant. 6. Appeal to the BCC. a. Within ten working days of the issuance of the written decision of the County Administrator on an appeal, the appellant or the applicant may appeal the written decision to the BCC by filing a notice of appeal with the County Administrator. Failure to timely file an appeal shall constitute a waiver of any right to any appeal under this subsection. b. Completeness. A notice of appeal shall include the materials set forth in section C. and shall also include a copy of the written decision of the County Administrator. c. Conduct of the appeal. An appeal of the decision of the County Administrator pursuant to this paragraph shall be conducted in the manner set forth in section E.3. Appeal to the BCC. 1. Initiation of the appeal. See section B. 2. Requirements for a complete notice of appeal. See section C. 3. Conduct of the appeal. a. Schedule. The BCC shall consider the appeal within 30 days after the notice of appeal has been filed. Notice of the time and date of the meeting shall be provided to the appellant and to the applicant, if the appellant is not the applicant, at least five working days prior to the date of the meeting. b. Participants. The participants in the appeal to the BCC shall consist of the appellant and/or the appellant's representative, the County Administrator and the County Attorney. In addition, the director of the department whose final action has been appealed shall be a participant. If the appellant is not the applicant, the applicant and/or the applicant's representative may attend the meeting and shall be entitled to participate as an intervenor. c. Conduct of the administrative review meeting. The BCC shall consider the record and provide the appellant, an applicant, and the County with an opportunity to be heard. d. Scope. The BCC shall consider only those facts established at the time of the original decision that is the subject of the appeal and shall not consider new information or evidence. The decision of the BCC shall be limited to determining whether the County administrative officials accorded procedural due process, observed the essential requirements of law, and made the final action under review based upon competent substantial evidence. Page 38 of of 86

44 e. Decision. At the conclusion of the meeting, the BCC shall render its decision by resolution, which shall be reduced to writing and a copy provided to the appellant and the applicant, if the appellant is not the applicant. When an application is denied, the County shall give written notice to the applicant. The notice shall include a citation to the applicable portions of the ordinance, rule, statute or other legal authorities for the denial. Sec Requirements for developments and plats A. Purpose and intent. 1. Site plans shall be required for minor and major development proposals in accordance with the provisions of this section in order to ensure that the proposed development complies with the requirements of the Comprehensive Plan, the LDR and the Code. 2. The primary objective in the creation of minor and major development classifications is to identify those uses and intensities that may generate a need for greater public participation and involvement. Minor development applications are deemed to have a lesser need for public participation while major development applications are deemed to have a greater need for public participation including review and action by the Local Planning Agency and the Board of County Commissioners at public meetings or public hearings as provided by this article B. Classification of development. [2] 1. Proposed developments shall be classified as new developments when development is proposed on properties that are vacant and undeveloped, or additions to existing developments on properties where an existing development has been built pursuant to an approved site plan or built prior to the requirements for site plan approval. Proposed developments shall be further classified as minor or major as set forth below based on the intensity of the project as determined by the number of residential units, residential rooms, square footage of buildings or uses and the acreage or areas that are devoted to uses. For purposes of administering this article, proposed developments shall be defined as set forth in the following table. Types of Development Applications New Developments Minor (up to) Residential Major (over) Additions to Existing Developments Minor (revisions up to) Apartment hotels 50 rooms 50 rooms 50% up to 25 rooms Major (revisions over)* 25 rooms Other residential 25 units 25 units 50% up to 12 units Page 39 of of 86

45 12 units Agricultural Types of Development Applications Agricultural processing, indoor New Developments Minor (up to) 50,000 sq. ft. Major (over) 50,000 sq. ft. Additions to Existing Developments Minor (revisions up to) 50% up to 25,000 sq. ft. Major (revisions over)* 25,000 sq. ft. Agricultural veterinary medical services 25,000 sq. ft. 25,000 sq. ft. 50% up to 12,500 sq. ft. 12,500 sq. ft. Exotic wildlife sanctuaries All Up to 50% of the area of the exotic wildlife sanctuaries 50% or more of the area of the exotic wildlife sanctuaries Farmer's markets 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. 25,000 sq. ft. Fishing and hunting camps All Up to 50% of the area of the existing camp 50% or more of the area of the existing camp Stables, commercial 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. 25,000 sq. ft. Storage of agricultural equipment, supplies and produce 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. 25,000 sq. ft. Wildlife rehabilitation facilities All Up to 50% of the area of the wildlife rehabilitation facilities 50% or more of the area of the wildlife rehabilitation facilities Other non-exempt agricultural 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. 25,000 sq. ft. Types of Development Applications New Developments Minor (up to) Public and Institutional Major (over) Additions to Existing Developments Minor (revisions up to) Major (revisions over)* Cemeteries, crematory All Up to 50% of the area of 50% or more of the Page 40 of of 86

46 operations and columbaria the cemetery or 50% up to 12,500 sq. ft. of the crematory operations and columbaria Correctional facilities All 50% up to 12,500 sq. ft. Educational institutions 25,000 25,000 All Electrical generating plants All 50% up to 12,500 sq. ft. 50% up to 12,500 sq. ft. Hospitals All 50% up to 12,500 sq. ft. Nonsecure residential drug and alcohol rehabilitation and treatment facilities Public parks and recreation areas, active Public parks and recreation areas, passive Public access to environmentally sensitive lands Recycling drop-off centers Solid waste disposal areas 25,000 25,000 All All 25,000 sq. ft. 25,000 sq. ft. Utilities 25,000 sq. ft. Residential care facilities Other public and institutional All All 25,000 sq. ft. All All 25,000 sq. ft. 25,000 sq. ft. All 50% up to 12,500 sq. ft. Up to 50% of the area of the public parks and recreation areas, active Up to 50% of the area of the public parks and recreation areas, passive 50% up to 12,500 sq. ft. area of the cemetery or 12,500 sq. ft. of the crematory operations and columbaria 12,500 sq. ft. 12,500 sq. ft. 12,500 sq. ft. 12,500 sq. ft. 12,500 sq. ft. 50% or more of the area of the public parks and recreation areas, active 50% or more of the area of the public parks and recreation areas, passive 12,500 sq. ft. 12,500 sq. ft. 12,500 sq. ft. 50% up to 12,500 sq. ft. 50 beds 50 beds 50% up to 25 beds 25,000 sq. ft. 25,000 sq. ft. 50% up to 12,500 sq. ft. 12,500 sq. ft. 25 beds 12,500 sq. ft. Page 41 of of 86

47 Commercial and Business Types of Development Applications New Developments Additions to Existing Developments Minor (up to) Major (over) Minor (revisions up to) Adult business All 50% up to 12,500 sq. ft. Campgrounds All Up to 50% of the area of the campground Commercial amusements, outdoor All 50% up to 12,500 sq. ft. Flea markets All 50% up to 12,500 sq. ft. Golf courses All Up to 50% of the area of the golf course Golf driving ranges All Up to 50% of the area of the golf driving range Recreational vehicle parks Shooting ranges, outdoor Bed and breakfast inns All All All Up to 50% of the area of the recreational vehicle parks All Hotels and motels 50 bed 50 bed 50% up to 25 beds Parking lots and garages Vehicular sales and service Vehicular service and maintenance Other commercial and business 250 spaces 25,000 sq. ft. 250 spaces All All 25,000 sq. ft. 50% up to 125 spaces 50% up to 12,500 sq. ft. 50% up to 12,500 sq. ft. 50% up to 12,500 sq. ft. Major (revisions over)* 12,500 sq. ft. 50% or more of the area of the campground 12,500 sq. ft. 12,500 sq. ft. 50% or more of the area of the golf course 50% or more of the area of the golf driving range 50% or more of the area of the recreational vehicle parks All 25 beds 125 spaces 12,500 sq. ft. 12,500 sq. ft. 12,500 sq. ft. Staff Note: Staff was asked to review the thresholds for the three uses shown in yellow. Staff recommended changes, if any are shown. Staff is recommending no change. See analysis Page 42 of of 86

48 Types of Development Applications Transportation, Communication and Utilities New Developments Minor (up to) Major (over) Additions to Existing Developments Minor (revisions up to) Airstrips All All Airports, general aviation All All Truck Stop/Travel Center All All Major (revisions over)* Types of Development Applications New Developments Minor (up to) Industrial Major (over) Additions to Existing Developments Minor (revisions up to) Composting All All Mining All All Salvage yards All All Yard trash processing All All Other industries 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. Major (revisions over)* 25,000 sq. ft. Types of Development Applications Life Science, Technology and Research (LSTAR) New Developments Minor (up to) Major (over) Additions to Existing Developments Minor (revisions up to) All 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. Major (revisions over)* 25,000 sq. ft. Targeted Industries Business (TIB) Types of Development New Developments Additions to Existing Developments Page 43 of of 86

49 Applications Minor (up to) Major (over) Minor (revisions up to) All 50,000 sq. ft. 50,000 sq. ft. 50% up to 25,000 sq. ft. Major (revisions over)* 25,000 sq. ft. Types of Development Applications New Developments Minor (up to) Subdivisions Major (over) Additions to Existing Developments Minor (revisions up to) Residential 25 lots 25 lots 50% up to 12 lots Agricultural 25 lots 25 lots 50% up to 12 lots Industrial 10 acres 10 acres 50% up to 5 acres Other non-residential 5 acres 5 acres 50% up to 2.5 acres Major (revisions over)* 12 lots 12 lots 5 acres 2.5 acres * When the intensity (rooms, units, acres, square feet) of proposed revision(s) plus the existing development(s) does not exceed the minor development threshold in the "revisions to an existing development" category the application shall be processed as a minor development. 2. The thresholds for nonresidential and industrial development refer to the gross floor area of all proposed buildings plus 25 percent of the gross area of any primary use that is not contained in any proposed buildings on a development site unless otherwise noted. 3. For purposes of this subsection: a. Residential development means any use indicated in the Permitted Use Schedule of article 3, Zoning Districts, of the LDR, under the use category of residential uses. b. Industrial development means any use indicated in the permitted use schedule of article 3, Zoning Districts, of the LDR, under the category of industrial. and manufacturing uses. c. Nonresidential development means any use indicated in the permitted use schedule of article 3, Zoning Districts, of the LDR, excluding those listed as Page 44 of of 86

50 residential uses, exempt bonafide agriculture and industrial. and manufacturing uses. d. Additions to existing developments shall include all new additions as well as the replacement of existing structures and uses. 4. Where a mix of residential and nonresidential or industrial uses is proposed, each type of use shall be apportioned so as not to exceed the threshold established for each level of review in paragraph 1. above. For example, because the threshold for consideration as a minor development is 25,000 square feet of commercial and business uses and 25 residential dwelling units, the ratio of the proposed commercial and business uses gross floor area to 25,000 square feet, plus the ratio of the proposed number of dwelling units to 25, must not exceed one. Thus, a proposal for 10,000 square feet of commercial and business uses and 20 dwelling units would be apportioned as follows: [(10,000/25,000) + (10/25) = ( ) =.80] and, thus, would be considered a minor development. 5. When determining the threshold for the processing of major or minor development applications the proposed intensities identified in a new application (including applicable gross floor areas, residential units, rooms, site area) shall be added to any intensities that were approved and built on the same development site over a period of five years prior to the date of the new application. The total of all intensities over the five-year period shall be used to determine if the new application is processed as a major or minor development pursuant to the applicable thresholds contained in the classification for development table in subsection B Notwithstanding the minor and major classifications, an application that is otherwise classified as a minor development may be classified as a major development based upon a review of the following factors by the County Administrator. The County Administrator shall have the discretion to classify the application as a major development based upon the totality of the factors listed below with no factor having greater weight in the determination than any other factor. a. A determination that wetlands on the proposed development site may have been removed after April 1, 1982, the adoption date of the County's original Comprehensive Plan. b. A determination that native upland habitat was removed from the proposed development site without permitting by the County after February 20, c. A discovery of evidence of adverse impacts to wetlands or native upland habitat on the proposed development site. d. A determination of adverse impacts to well fields on the proposed development site or within a well field protection zone. e. A determination of contamination from regulated substances previously stored on the proposed development site. Page 45 of of 86

51 10.11.C. f. The proposed use contains storage of regulated substances on the development site. g. The presence of habitat for rare, endangered and threatened species and species of special concern on the proposed development site. h. The proposed use of the development site is for biohazardous waste processing, incinerator or the storage of regulated hazardous substances. i. A determination of potential negative impacts by the proposed development to the St. Lucie Estuary, the Indian River Lagoon or the Loxahatchee River by increasing runoff volume or peak inflows, increasing nutrients or adding toxic pollutants. j. A determination of potential adverse affect by the proposed development to the water supply of existing homes, businesses and natural systems located in the vicinity of the proposed development site. k. A determination of potential decrease by the proposed development to the flood protections for homes and businesses in the vicinity of the proposed development site. l. A determination that the intensities (including applicable gross floor areas, residential units, rooms, site area) of the new development is within ten percent of the threshold for a major development application. Minor development. 1. A final site plan is required for a minor development as defined in section B. 2. A minor development may be approved with a master site plan. In the event that a proposed minor development is to include both a master and final site plan, the following provisions shall apply: a. No final site plan shall be approved until the master site plan has been approved and compliance with applicable conditions of approval of the minor development master site plan has occurred; and b. Any plat may be submitted after the first report is issued for a final site plan application concurrent with any resubmittal of a final site plan. c. Any minor master plan for a phased development that contains preserve areas shall comply with section D Minor technical adjustments to an approved master site plan that are consistent with all applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised master site plan with the final site plan application. No separate application for a revised master site plan shall be required. The revised master site plan development order shall be recorded prior to the final site plan development order. 4. Minor technical adjustments to an approved final site plan that are consistent with applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised final site plan with the plat application. No separate application for a revised final site plan Page 46 of of 86

52 shall be required. The revised final site plan development order shall be recorded prior to the plat documents. 5. Timetable of development. All final site plan approvals for a minor development which has received master site plan approval shall be obtained no later than five years after the date of the master site plan approval, provided no certificate of public facilities reservation was issued with the master site plan approvals. After final site plan approval, all construction shall be permitted and completed consistent with the requirements of article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR. A minor development which has received master site plan approval and a certificate of public facilities reservation, must obtain final site plan approval and complete all construction within two years of master site plan approval with one optional extension of up to one year. However, where the development order includes a subdivision of lots for individual resale, this mandatory timetable shall not apply to the development of approved uses on individual lots. 6. Preapplication meeting. See section 10.2.A. 7. Application requirements. See sections 10.2.B. and C. 8. Review and final action by the County Administrator. County Administrator final action required see section 10.3.A. 9. Standards and requirements to be considered for minor development master and final site plan approval. a. A minor development site plan shall comply with the standards specified in the Comprehensive Plan, the LDR and the Code. b. The property owner shall provide an executed unity of title in a form acceptable to the County Attorney for the property that is the subject of the approved minor development. Included shall be a provision that requires unity of title to be maintained by the owner of the property until final site plan approval with the sole exception being that a portion of said property may be sold, transferred, devised or assigned to a governmental agency. c. A final site plan or a revised final site plan may be approved prior to an applicant obtaining a permit or approval from a state or federal agency unless the agency has issued a final action that denies the federal or state permit before the County action on the application. The issuance of a development order by the County does not in any way create any rights on the part of the applicant to obtain a permit from a federal or state agency and does not create any liability on the part of the County issuance of the development order if the applicant fails to obtain the required federal or state permit or approval or fulfill the obligations or conditions imposed by a federal or state agency or undertakes any action that result in a violation of federal or state law. If an application is made to any federal or state agency for a new permit or approval or a modification to a existing permit or approval that is required for the final site plan or revised final site plan, the application must be submitted concurrently to Martin County. d. A preserve area management plan shall be provided in association with an application for a final site plan, where required. An application for a master Page 47 of of 86

53 plan shall include an environmental assessment and the master site plan must illustrate delineated wetlands pursuant to the requirements found in Article 4. All areas to be set aside to meet upland and wetland protection requirements shall be identified as preservation areas on the plans provided with a master site plan D. 10. Submittal of required documents and fees to the County Administrator. See section Effect of a development order for a minor development. Issuance of a final site plan approval shall authorize the applicant to proceed with a preconstruction meeting and to submit building permit applications in accordance with the terms and conditions of the approval and the Comprehensive Plan, the LDR, and the Code. Permission to initiate construction of site improvements shall not be granted or building permits issued until all required documents are approved and all applicable conditions of approval satisfied. Major development, master site plan. 1. General. Both a master and final site plan are required for any major development that is a multi-phase development, or is part of a PUD rezoning application. Master site plans are not mandatory for other major developments. Major development master site plans shall be subject to the following provisions. 2. Preapplication meeting recommended. See section 10.2.A. 3. Application requirements. See section 10.2.B. and 10.2.C. 4. Review and recommendation by the County Administrator. See section 10.2.E. 5. Review and recommendation of the LPA. See section Action by the BCC. Final action required see section 10.5; public hearing notice required see section 10.6; public hearing procedures required see section Standards to be considered for final action. The approval of a master site plan shall be consistent with the standards specified in the Comprehensive Plan, the LDR, and the Code. 8. Required condition of approval. Except as otherwise provided in paragraph c., below, each development order resolution, excluding any DRI or development of a public project included in an adopted CIP, shall have the following conditions: a. All final site plan approvals for a major development shall be obtained no later than five years after the date of the master site plan approval, provided that no certificate of public facilities reservation was issued with the master site plan approval. If a certification of public facilities reservation was issued with the master site plan approval, all final site plan approvals and construction shall be permitted and completed consistent with the requirements of article 5, Adequate Public facilities and Transportation Impact Analysis of the LDR. b. The property owner shall provide an executed unity of title in a form acceptable to the County Attorney for the property that is the subject of the approved Page 48 of of 86

54 master site plan. Included shall be a provision that requires unity of title to be maintained by the owner of the property until final site plan approval with the sole exception being that a portion of said property may be sold, transferred, devised or assigned to a governmental agency. c. Where the applicant is an exempt organization pursuant to Section 501(c)3 of the Internal Revenue Code, the County may authorize timetable extensions provided that the final site plan for the last phase of development is obtained no later than ten years after the initial master site plan approval. d. An application for a master plan shall include an environmental assessment and the master site plan must illustrate delineated wetlands pursuant to the requirements found in Article 4. All areas to be set aside to meet upland and wetland protection requirements shall be identified as preservation areas on the plans provided with a master site plan. 9. Effect of a master site plan development order. Issuance of a development order for a master site plan shall authorize the applicant to submit the final site plan(s) for a major development or plat in accordance with the terms and conditions of the master site plan, including the timetable of development. Issuance of a development order for a master site plan shall not constitute approval to build or construct any improvements and is not the final approval necessary for construction of the development. 10. Time extension. See Section Minor technical adjustments to an approved master site plan that are consistent with all applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised master site plan with the final site plan application. No separate application for a revised master site plan shall be required. The revised master site plan development order shall be recorded prior to the final site plan development order. 12. Minor technical adjustments to an approved final site plan that are consistent with all applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised final site plan with the plat application. No separate application for a revised master site plan shall be required. The revised final site plan development order shall be recorded prior to the plat documents. 13. Establishment of preservation areas in phased development. For sites under 50 acres, if the subject property is to be developed in phases, all required preservation areas shall be set aside with the first phase. A preserve area management plan (PAMP) shall be provided with the final development order for the first phase. On sites that are 50 acres or greater where the subject property is to be developed in discrete geographical phases, required preservation areas may be set aside as follows: a. At a minimum, required preservation areas shall be set aside in proportion with the proposed developed areas in each phase. For example, if 30 percent of the developable area of the property is included in the first phase, at least 30% of the required preservation area shall be included with the first phase. A Page 49 of of 86

55 preserve area management plan (PAMP) shall be provided with the final development order for the first phase. b. The preservation area to be set aside with each phase shall be designed to follow natural ecotonal boundaries to preclude fragmentation of like habitat into subsequent phases. Preservation areas shall be designed to consolidate contiguous habitat restoration areas that require vegetative exotic species removal or restoration planting areas. Additional preservation area may be required to be included in the first and subsequent phases if a discrete management area cannot be established to separate contiguous habitats. c. The water management system, including wetlands and wetland buffers, shall be designed to function independently in each phase. A wetland and its corresponding wetland buffer area shall not be divided into a separate phase of a development. The PAMP shall be amended to incorporate subsequent phases with the final development orders issued for each successive phase, to be ultimately managed under common ownership or a single property owners association. A separate PAMP may be created for phases to be managed under separate ownership. 14. Monitoring. As part of the conditions of approval for all development orders for Major applications, including PUDs, the applicant shall provide annual status reports to the County Administrator to ensure that development occurs according to the terms of the development order. The Monitoring report shall be due on the Anniversary date of the Major Master Plan approval E. Major development final site plan. 1. General. A final site plan or a revised final site plan may be approved prior to an applicant obtaining a permit or approval from a state or federal agency unless the agency has issued a final action that denies the federal or state permit before the County action on the application. The issuance of a development order by the County does not in any way create any rights on the part of the applicant to obtain a permit from a federal or state agency and does not create any liability on the part of the County for issuance of the development order if the applicant fails to obtain the required federal or state permit or approval or fulfill the obligations or conditions imposed by a federal or state agency or undertakes any action that result in a violation of federal or state law. If an application is made to any federal or state agency for a new permit or approval or a modification to a existing permit or approval that is required for the final site plan or revised final site plan, the application must be submitted concurrently to Martin County. In the event that a proposed major development is to include both a master and final site plan, the following provisions apply: a. No final site plan shall be approved until the master site plan has been approved and compliance with applicable conditions of approval of the major development master site plan has occurred; and b. Any plat may be submitted after the first report is issued for a final site plan application concurrent with any resubmittal of a final site plan. Page 50 of of 86

56 Staff Note: Language added to ensure that a unity of title is required for final site plan approval. c. The property owner shall provide an executed unity of title in a form acceptable to the County Attorney for the property that is the subject of the approved final site plan. Included shall be a provision that requires unity of title to be maintained by the owner of the property until final site plan approval with the sole exception being that a portion of said property may be sold, transferred, devised or assigned to a governmental agency. d. A preserve area management plan shall be provided in association with an application for a final site plan, where required. An application for a master plan shall include an environmental assessment and the master site plan must illustrate delineated wetlands pursuant to the requirements found in Article 4. All areas to be set aside to meet upland and wetland protection requirements shall be identified as preservation areas on the plans provided with a master site plan. 2. Consolidated applications. A consolidated master site plan and final site plan may be processed concurrently and pay one application fee. All other application and review provisions in this article shall apply. 3. Preapplication meeting. See section 10.2.A. 4. Application requirements. See section 10.2.B. and 10.2.C. 5. Review and recommendation by the County Administrator. See section 10.2.E. 6. Action by the BCC. See section See section 10.6 for notice requirements and section 10.7 for public meeting requirements. Minor development final site plans that were determined complete prior to July 2, 2007 (effective date of Ordinance No. 752) and were reclassified as major developments pursuant to section B.1. on July 2, 2007 (effective date of Ordinance No. 752) shall not be required to have a master site plan. However, the final site plan for these developments shall be reviewed by the County Administrator as a major development and final action shall be taken by the Board of County Commission as a major development. 7. Consistency. A major development final site plan shall be consistent with the master site plan, the timetable of development, and the standards in the Comprehensive Plan, the LDR and the Code, in effect at the time of the final site plan approval. 8. Effect of approval of a final site plan. A final site plan shall authorize the applicant to proceed with a preconstruction meeting and to submit building permit applications in accordance with the terms and conditions of the approval and the Comprehensive Plan, the LDR, and the Code. Permission to initiate construction of site improvements shall not be granted or building permits issued until all required documents are executed and all applicable conditions of approval satisfied. 9. Timetable of development. All construction shall be permitted and completed consistent with the requirements of article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR. However, where the development Page 51 of of 86

57 order includes a subdivision of lots for individual resale, this mandatory timetable shall not apply to the development of approved uses on individual lots. 10. Time extension. See section Minor technical adjustments to an approved master site plan that are consistent with all applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised master site plan with the final site plan application. No separate application for a revised master site plan shall be required. The revised master site plan development order shall be recorded prior to the final site plan development order. 12. Minor technical adjustments to an approved final site plan that are consistent with all applicable regulations such as but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised final site plan with the plat application. No separate application for a revised master site plan shall be required. The revised final site plan development order shall be recorded prior to the plat documents. 13. Monitoring. As part of the conditions of approval for all development orders for Major applications, including PUDs, the applicant shall provide annual status reports to the County Administrator to ensure that development occurs according to the terms of the development order. The Monitoring report shall be due on the Anniversary date of the Major Final Site Plan approval F. Plat and vacation of plat review and processing. 1. Platting process. The plat is required to be submitted after the approval of a final site plan and shall comply with all state and county requirements of the Comprehensive Plan, the LDR and the Code. Any amendment to a plat which is not exempt pursuant to section G.7. shall be reviewed in the same manner as a new plat. a. Application requirements. See section 10.2.B. and 10.2.C. b. Review and recommendation of the County Administrator. See section 10.2.E. c. Action of the BCC. See section Form of plat. No plat shall be approved which is inconsistent with an adopted final site plan. 3. Executable plat submittal. The executable plat and required documents shall be submitted to the County Administrator before the BCC review (see section 10.2). 4. Processing of plat documents. Following receipt of all documents and the required fees, the County Administrator shall distribute the appropriate documents for review and execution by appropriate county officials. 5. Recordation. The record plat shall be filed with the Martin County Clerk of the Court within ten working days of the execution of the plat. 6. Failure to record. In all instances, plats which have not been recorded within one year of BCC approval shall be considered null and void. Page 52 of of 86

58 7. Vacation of plat process. An application for a plat vacation shall be processed pursuant to the requirements of F.S. ch. 177, and the following. a. Application requirements. See section 10.2.B. and 10.2.C. b. Review and recommendation of the County Administrator. See section 10.2.E. c. Action of the BCC. See section G. Model home construction. An applicant may request a building permit to construct residential models subsequent to an approved final site plan and before submitting the plat for approval, as provided in the subdivision regulations H. "Permit-ready" nonresidential subdivision development. Nonresidential subdivision developments may be approved as follows: 1. Notwithstanding sections C.10.a., D.9.a., E.9. and F.9., where the proposed use, maximum gross floor area, and maximum impervious area are specified for each lot, the final site plan may be approved without a full demonstration of compliance with certain requirements of the LDR, such as parking and landscaping, provided that the development order approving the final site plan clearly delineates the outstanding requirements and requires that the applicant demonstrate compliance with all outstanding requirements of the LDR prior to the issuance of a building permit. 2. For purposes of carrying out this subsection H., and notwithstanding sections C.3., D.3., E.10.a. and F.11., the following standard condition of approval shall be included in all development orders for "permit-ready" nonresidential subdivision developments: "Construction of all site improvements shown on the final site plan shall be commenced within one year of final site plan approval and completed within two years of final site plan approval. All certificates of occupancy shall be obtained within ten years of final site plan approval." Sec Expedited staff review A B. Purpose. 1. The purpose of this section is to provide an expedited review process for applications that contribute to economic development or housing affordability. An eligible project meeting the criteria set forth in section B. below shall be qualified for expedited staff review. Eligibility. 1. Projects that are eligible for expedited staff review include: a. A small-scale industrial development project; b. A targeted business as defined in section 10.1.B.9.; c. An affordable/workforce housing project; d. Green developments; and e. Development applications within CRA areas. Page 53 of of 86

59 10.12.C D. f. Development applications for public access to environmentally sensitive lands 2. Eligible types of applications: Since various applications may be necessary depending upon the requirements found in the Land Development Regulations, the following applications for an eligible project shall receive expedited staff review: master site plan, final site plan, rezoning, plats and administrative amendments. PUD agreements and Developments of Regional Impact are specifically excluded from the eligible types of applications. Final site plans for affordable/workforce housing, small scale industrial and targeted industries in approved PUDs and Developments of Regional Impact shall be eligible for expedited review. 3. Expedited review of affordable housing projects addresses the housing needs of Martin County in accordance with the goals and objectives of the housing element of the Comprehensive Growth Management Plan. Affordable housing as used herein is defined by the current Martin County Local Housing Assistance Plan, as revised. Compliance. 1. The expedited review process shall not be interpreted in any way as requiring the approval of an application that does not meet the standards of the Comprehensive Plan, the LDR, and the Code or to remove the legitimate exercise of discretion by the BCC. 2. Applicants who fail to keep their commitments shall be deemed ineligible for any future expedited reviews unless otherwise determined by the County Administrator. 3. Notification shall be posted on the Martin County Internet web site of all applications submitted pursuant to section for expedited staff review Expedited small-scale industrial development application. 1. Applicability. The procedures identified in this section shall apply to industrial projects which, at the completeness determination stage, are found by the County Administrator to meet all of the following: a. The use is allowable in the future land use designation. b. The request does not require a land use amendment; c. The request is for industrial uses which will have no extraordinary public service and environmental impacts. 2. Standards. Applications for an expedited small-scale industrial development review shall comply with the following additional requirements: a. Maximum number of employees associated with the current project being considered (expansion or new project): 250; b. All of the industrial process must occur inside a building. 3. Preapplication meeting requirements. See section 10.2.A. 4. Application requirements. See sections 10.2.B. and 10.2.C. 5. Review and recommendation by the County Administrator. See section 10.3.A. 6. Final action. Following the expedited staff review, the County Administrator or the BCC, as applicable, shall make a determination on the development application Page 54 of of 86

60 10.12.E. within 14 days. However, when the application includes a development agreement, the BCC shall make a determination on the application within 21 days. The applicant may extend the time for determination of the development application. Applications which are not consistent with the Comprehensive Plan, the LDR, and the Code shall not be approved. Targeted businesses. 1. Applicability. The procedures identified in this section shall apply to targeted businesses which, at the completeness determination stage, are found by the County Administrator to meet all of the following criteria: a. The use is allowable in the future land use designation; b. The request does not require a land use amendment. However, projects that have been certified by the Office of Tourism, Trade and Economic Development (OTTED) pursuant to F.S , and are the subject of a project specific Memorandum of Agreement between OTTED and Martin County may include a proposed land use amendment. The land use amendment shall be reviewed pursuant to the requirements of the Comprehensive Plan, F.S. ch. 163, and F.S Standards. Applications for expedited staff review of a targeted business shall meet at least two of the following criteria: a. Creates at least ten new net full-time equivalent jobs in Martin County within two years of receiving a certificate of occupancy. b. Pays an average annual wage that is at least 115 percent of the State, or Port St. Lucie-Ft. Pierce Metropolitan Statistical Average (MSA), or Martin County average wage, as established annually by Enterprise Florida, Inc., in their "Incentives Average Annual Wage Requirements" publication. c. Generates at least 50 percent of its revenues from outside of Martin County. d. The County Administrator determines that the economic development benefits of the project warrant expedited processing. For example, but not limited to: projects located in a designated brownfield area, enterprise zone, Small Business Administration Hubzone, or distressed area. The applicant must demonstrate the eligibility of the project as a targeted business, by the submission of a letter from the Business Development Board, the Enterprise Florida, or OTTED; a letter of request on company letterhead that describes the mission of the company, the industry sector, and the project scope (in Martin County) including existing and projected new employment, average wage, projected investment, and building size. 3. Preapplication meeting requirements. See section 10.2.A. 4. Application requirements. See sections 10.2.B. and 10.2.C. 5. Review and recommendation by the County Administrator. See section 10.3.A. 6. Final action. Page 55 of of 86

61 10.12.F G. a. Following the expedited staff review, the County Administrator or the BCC, as applicable, shall make a determination on the development application within 14 days. However, when the application includes a development agreement, the BCC shall make a determination on the application within 21 days. The applicant may extend the time for determination of the development application. b. When the application includes a land use amendment and a project which is the subject of a project specific Memorandum of Agreement between OTTED and Martin County, the BCC shall make a determination on the land use amendment consistent with the requirements of the Comprehensive Plan, F.S. ch. 163, and F.S c. Applications which are not consistent with the Comprehensive Plan, the LDR, and the Code shall not be approved. Expedited review of affordable/workforce housing projects. 1. Applicability. The procedures identified in this section shall apply only to projects which at the completeness determination stage are found by the County Administrator to meet all the following criteria: a. The site is located in the primary urban service district; b. The request does not require a land use amendment; c. The request does not require a development agreement; d. A commitment, executed by the applicant and recorded in the public records of Martin County, agreeing that the units in the development shall be sold or rented for an amount which qualifies as affordable housing or workforce housing, and that the proposed buyers and or renters of such units shall qualify as set out in the current local housing assistance plan. 2. Preapplication meeting. See section 10.2.A. 3. Application requirements. See sections 10.2.B. and 10.2.C. [4. Reserved.] 5. Review and recommendation by the County Administrator. See section 10.3.A. 6. Further review. Following the expedited staff review, the application will be processed in accordance with the procedures specified for the particular type of development application in accordance with this article. Expedited green development application. 1. Applicability. The procedures identified in this section shall apply only to a project which at the completeness determination stage are found by the County Administrator to be a development that is applying for green certification as defined by organizations dedicated to defining green development standards, such as but not limited to the Florida Green Building Coalition, Inc. (FGBC); the United States Green Building Council (USGBC); or other recognized programs. 2. Preapplication meeting. See section 10.2.A. Page 56 of of 86

62 10.12.H I. 3. Application requirements. See sections 10.2.B. and 10.2.C. 4. Review and recommendation by the County Administrator. See section 10.3.A. 5. Further review. Following the expedited staff review, the application will be processed in accordance with the procedures specified for the particular type of development application in accordance with this article. Development applications within CRA areas. 1. Applicability. The procedures identified in this section shall apply only to applications which at the completeness determination stage are found by the County Administrator to be for land within one of the designated Community Redevelopment Agency areas within unincorporated Martin County. 2. Preapplication meeting. See section 10.2.A. 3. Application requirements. See sections 10.2.B. and 10.2.C. 4. Review and recommendation by the County Administrator. See section 10.3.A. 5. Further review. Following the expedited staff review, the application will be processed in accordance with the procedures specified for the particular type of development application in accordance with this article. Development applications for public access to environmentally sensitive lands 1. Applicability. The procedures identified in this section shall apply only to applications which at the completeness determination stage are found by the County Administrator to be for land determined to be environmentally sensitive and that is managed by the County or other governmental agency designated as the managing partner pursuant to a State of Florida or South Florida Water Management District approved Management Plan or other binding agreement. 2. Preapplication meeting. See section 10.2.A. 3. Application requirements. See sections 10.2.B. and 10.2.C. 4. Review and recommendation by the County Administrator. See section 10.3.A. 5. Further review. Following the expedited staff review, the application will be processed in accordance with the procedures specified for the particular type of development application in accordance with this article. Sec Planned unit development procedures A. General purpose. The purpose of the PUD district rezoning change and associated PUD zoning agreement is to allow for flexibility in the land development regulations in a manner which mutually benefits the county and the developer, and encourages innovative approaches to community planning. Specific PUD district regulations are negotiated voluntarily by both the developer and the county, and neither is guaranteed maximum benefits by right B. Review procedures for a PUD zoning agreement and master site plan application. Page 57 of of 86

63 10.13.C. 1. Preapplication meeting. The negotiated character of the PUD development order must be considered. The developer of a potential PUD may initiate the application process by participating in a preapplication meeting at which time such contractual considerations may be discussed. 2. Application requirements. See section 10.2.B. and 10.2.C. 3. Review and recommendation by the County Administrator. See section 10.2.E. 4. Action by the LPA. Recommendation required see section 10.4; public hearing notice required see section 10.6; public hearing procedures required see section Action by the BCC. Final action required see section 10.5; public hearing notice required see section 10.6; public hearing procedures required see section Standards to be considered for the review of a PUD application. a. A PUD master site plan and the PUD zoning agreement shall be consistent with the standards specified in the Plan, the LDR, and the Code. b. Unity of control. The property owner shall demonstrate unity of control for the entire parcel that is proposed for development as a PUD. See section 10.9.C 7. Amendment of the official zoning map. The change of zoning district designation shall occur at the master site plan approval stage, preceding the adoption of the final site plan. (See other, applicable provisions of the Comprehensive Plan, the LDR, and the Code and F.S. ch. 125.) 8. Effect of approval of the PUD master site plan. Approval of a PUD zoning agreement shall be deemed to authorize the applicant to submit final site plans for the PUD in accordance with the terms, conditions and limitations of the PUD agreement, and the Comprehensive Plan, the LDR, and the Code. A PUD master site plan approval does not constitute final approval to build. No final site plan shall be accepted for review and consideration unless the master site plan for the PUD has been approved and remains valid and in effect, or a master site plan is being considered concurrently with a final site plan. 9. Validity of a PUD development order. A PUD development order shall run with the land according to the terms set forth in the PUD agreement. Permitted time frames do not change with successive owners without compliance with other applicable requirements set forth in the LDR. 10. Nonsubstantial amendments. Notwithstanding the requirements set forth in subsections B.3 through B.6 of this section, a proposed nonsubstantial amendment to a PUD zoning agreement or master site plan shall be considered pursuant to section PUD final site plan. 1. Application requirements. See section 10.2.B. 2. Any plat may be submitted after the first report is issued for a final site plan application concurrent with any resubmittal of a final site plan. 3. Review and recommendation by the County Administrator. See section 10.2.E. Page 58 of of 86

64 5. Action by the BCC. Final actions required see section Standards to be considered in the review of the PUD final site plan application. a. The master site plan and final site plan shall be consistent. b. A PUD shall be consistent with the standards specified in the Comprehensive Plan, the LDR, and the Code. c. If an application is made to any federal or state agency for a new permit or approval or a modification to an existing permit or approval that is required for the PUD final site plan or PUD revised final site plan, the application must be submitted concurrently to Martin County. d. A PUD final site plan or a PUD revised final site plan may be approved prior to an applicant obtaining a permit or approval from a state or federal agency unless the agency has issued a final action that denies the federal or state permit before the County action on the application. The issuance of a development order by the County does not in any way create any rights on the part of the applicant to obtain a permit from a federal or state agency and does not create any liability on the part of the County for the issuance of a development order if the applicant fails to obtain the required federal or state permit or approval or fulfill the obligations or conditions imposed by a federal or state agency or undertakes any action that result in a violation of federal or state law. 5. Consistency. The final PUD site plan shall be consistent with the approved PUD master site plan, the approved timetable of development any special conditions of master site plan approval, and the standards specified in the Comprehensive Plan, the LDR, and the Code, in effect at the time of the final site plan approval. If deviations from the master site plan are sought, the proposed modifications shall be subject to the standards of section Timetable condition. All PUD development orders shall contain a timetable condition which limits the vesting effect of the other terms and conditions of the development order. 7. Effect of a PUD final site plan approval. Approval of a PUD final site plan shall be sufficient for the applicant to seek authorization to begin construction of the engineered infrastructural improvements in accordance with the approved PUD master site plan and agreement, the final site plan and the approved construction plans. The submission of applications for building permits shall be in accordance with the terms and conditions of the PUD and the standards of the Comprehensive Plan, the LDR, and the Code. 8. Administrative Aamendments. Notwithstanding the requirements set forth in subsections C.3 through C.7 of this section, nonsubstantial amendments to PUD final site plans shall be considered pursuant to section Sec Amendments to approved development orders A. In general. Page 59 of of 86

65 1. Notwithstanding section 10.11, this section provides processes for the review and approval of amendments to approved development orders. For purposes of this section, the term "approved development orders" includes developments established prior to the requirement for development orders. 2. Only those phases, or portions thereof, that are the subject of an application proposing an amendment to an approved development order, or that would be affected thereby, shall be subject to the current review standards specified in the Comprehensive Plan, the LDR, and the Code. 3. Existing buildings and improvements that are proposed to be retained in applications for amendments to approved development orders shall be required to comply with current review standards specified in the Comprehensive Plan, the LDR, and the Code to the maximum extent feasible. and directed toward improving the function and integrity of the development with respect to buffers, landscaping, parking, ingress-egress, architectural design, drainage, water and wastewater services, fire protection and environmental protection. 4. There are three types of amendments to an approved development order: administrative amendments that are minor changes to an approved development order; timetable extensions that are amendments to revise the timetable of an approved development order; and all other amendments B. Application. 1. In general. Applications for amendments to approved development orders shall be subject to section 10.2 except as set forth below. a. Within seven days of receiving an application, the County Administrator shall determine whether the application for amendment meets the criteria of section C., i.e., whether the application is eligible to be reviewed as an administrative amendment or whether another level of review is required. b. The review of an amendment to an approved development order may be limited to staff and application requirements the County Administrator determines is necessary to ensure that the proposed amendment is in compliance with the Plan, Code and LDR. 2. Extensions to development timetables. Applications for extensions to development timetables shall be processed in the same manner as amendments to approved development orders and shall be subject to section 10.2 except as set forth below. a. Applications for a timetable extension must be submitted to the County Administrator no later than 90 days after prior to the expiration of the development order. ; and b. All applications for extensions to development timetables must include specific reason(s) why the authorized timetable deadline cannot be met. c. The review of extensions to development timetables may be limited to staff and application requirements the County Administrator determines is necessary to Page 60 of of 86

66 ensure that the proposed extension is in compliance with the Plan, Code and LDR. d. Each extension to a development timetable shall be limited to a maximum period of two (2) years for an approved final site plan and the timetable of development shall not exceed a period of two (2) years at any time. e. Each extension to a development timetable shall be limited to a maximum period of five (5) years for an approved master site plan and the timetable of development shall not exceed a period of five (5) years at any time. f. All applications for an extension to a development timetable that includes an extension to a Certificate of Public Facilities Reservation shall document full compliance with section 5.32.D., procedure to obtain certificate of public facilities reservation, LDR. g. Any amendment to a development timetable shall be reviewed cumulatively with other timetable amendments for that development, excluding those timetable extensions granted by State Statute. Cumulative county timetable amendments of more than five years shall not be permitted unless the development is consistent with all policies of the Plan in effect at the time of the timetable extension is granted. When cumulative timetable amendments for a phase of a PUD reach 5 years, the PUD must be renegotiated and, at a minimum, must be consistent with all Plan policies in effect at the time C. Administrative amendments. Applications for amendments to approved development orders that meet the following criteria shall be processed as administrative amendments. 1. Except when a vested rights resolution, settlement resolution, or administrative vesting determination specifically provides otherwise, an administrative amendment to an existing development order shall be reviewed in accordance with the laws in effect at the time of the application for the modification, and all changes shall be consistent with all applicable Comprehensive Plan, LDR and Code requirements in effect at the time of final action on the application. 2. Administrative amendments shall be considered cumulatively. A proposed amendment shall not be approved if the proposed amendment, along with previously approved administrative amendments, would cumulatively exceed any of the criteria set forth in this subsection C If an administrative amendment of a final site plan would render the final site plan inconsistent with the master plan, then an administrative amendment to both the master and final site plans will be required. 4. The following shall not be reviewed as administrative amendments and shall instead be reviewed in the manner provided in section G. below: a. Amendments which would contradict any BCC-imposed special condition of approval for a master site plan, final site plan or PUD. b. Modifications to the unity of control. Page 61 of of 86

67 c. Reductions in the amount of approved recreation acreage or the number of recreation improvements. d. Increase in proportion of multi-family unit types when more than one type of residential use is included. e. Increases in the height of any building by more than five feet. f. The construction of new principal buildings. g. Expansion of the approved gross floor area by more than 25 percent. h. Increases in the number of residential dwelling units. i. Increases the gross floor area of any existing accessory structure by more than twenty percent. j. Reduction of the size or location of any wetland or upland preserve areas. k. Creation of any new vehicular use access connection or more than a minor relocation of any approved access connection. l. Creation of any new roads or more than minor changes to the location of any approved road in any direction; or more than minor changes to parking areas, internal drives and landscape plan. m. More than a minor alteration of the external perimeter of the development. n. More than a minor alteration to any internal boundary within a development separating residential from nonresidential use, excluding areas eligible for mixed use development within Community Redevelopment Areas D. Final action on administrative amendments. The County Administrator shall consider the application for the administrative amendment, the staff report and any applicant response. Upon completion of the review, the County Administrator shall issue a written development order approving, approving with modifications or denying the application, which shall constitute final action of the County Administrator. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved by the County Administrator E. Appeals of administrative amendment final action. Appeal of any administrative action of the County Administrator taken pursuant to section D. shall be to the BCC pursuant to section F market condition extension. 1. In recognition of the 2007 real estate market conditions, the time period to obtain final site plan approval within master site plan development orders, including Planned Unit Developments, for projects (a) valid as of March 18, 2008; (b) approved after March 18, 2008, but prior to the effective date of this ordinance; or (c) with pending applications as of the effective date of this ordinance and approved as of August 1, 2009, may be extended for a period of three years. For projects extended pursuant to this section notwithstanding the actual date a final site plan is approved for such projects, the time period to obtain building permits and complete Page 62 of of 86

68 construction shall be determined as if the final site plan for a project was approved on the expiration date of the extension. 2. In recognition of the 2007 real estate market conditions, all time periods within all final site plan development orders, including Planned Unit Developments, for projects (a) valid as of March 18, 2008; (b) approved after March 18, 2008, but prior to the effective date of this ordinance; or (c) with pending applications as of the effective date of this ordinance and approved as of August 1, 2009, may be extended for a period of three years. 3. The three-year extension described above shall be granted upon review by the County Administrator, or his/her designee, of a written request for the extension and a determination of compliance with all applicable code requirements. Such written request must be received by the County Administrator, or his/her designee, by August 30, a. A fee for the extension request shall be established in accordance with the adopted Development Review Fee Schedule as established by resolution of the Board of County Commissioners as may be amended from time to time. b. Applications to extend time periods as set forth herein for projects that have posted security in lieu of the completion of the required improvements and infrastructure pursuant to section 4.913, LDRs, must also include a new or extended bond or other acceptable security to insure such completion through the extended time periods. 4. The extensions granted herein are in addition to and not in lieu of any extensions to development orders that may be authorized pursuant to other applicable provisions of the Land Development Regulations. 5. This section shall not extend any reservations, exemptions, certificates, variances, credits or other approvals issued by the County pursuant to article 5, LDR (Adequate Public Facilities Standards). 6. This section is not applicable to development orders that have been deemed null and void in accordance with section 10.9.A G.F. Nonadministrative a Amendments. Application for amendments to approved development orders that do not meet the criteria for administrative amendments shall be processed as follows. The following table indicates the formal decision-making process required for each type of application for amendments to approved development orders including applications for extensions to development timetables. Where any difference may exist between the information provided in the table and the text of these regulations, the text shall prevail. Type of Nonadministrative Amendment Applications Minor Development Master Site Plan Amendment (Revised Master Site Plan) Minor Development Master Site Plan Extension to Development Timetable County Administrator R and F R and F LPA BCC Page 63 of of 86

69 Minor Development Final Site Plan Amendment (Revised Final Site Plan) Minor Development Final Site Plan Extension to Development Timetable Major Development Master Site Plan Amendment (Revised Master Site Plan) Major Development Master Site Plan Extension to Development Timetable Major Development Final Site Plan Amendment (Revised Final Site Plan) Major Development Final Site Plan Extension to Development Timetable R and F R and F PUD Zoning Agreement Amendment R F Development Agreement Amendment R F Plat Amendment (Replat) R F R R R R F F F F R = Review and Recommendation F = Final Action H. Final action on nonadministrative amendments. For those applications identified in section G. for final action by the County Administrator, the County Administrator shall consider the application for the nonadministrative amendment, the staff report and any applicant response. Upon completion of the review, the County Administrator shall issue a written development order approving, approving with modifications or denying the application, which shall constitute final action of the County Administrator. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved by the County Administrator I. Appeals of nonadministrative amendments final action. Appeal of any administrative action of the County Administrator taken pursuant to section H. shall be to the BCC pursuant to section Sec Development of regional impact (DRI) A. General. A request for a DRI development order or an An amendment to a DRI development order shall be processed in accordance with the requirements of F.S. ch. 380 and F.A.C. ch. 9J-2, as amended B. Additional review procedures. A DRI development order or amendment shall be processed in accordance with the applicable requirements for PUD amendment approvals set forth in section 10.13, with the following exceptions and additional requirements: Page 64 of of 86

70 1. Review and recommendation by the County Administrator. See section 10.2.D., LDR. The review period shall be as required by F.S. ch. 380 to determine consistency with the Comprehensive Plan, the LDR and the Code after the release of the report of the Treasure Coast Regional Planning Council. 2. Conditions. A DRI development order amendment shall contain as a condition of approval that the concurrent approval and maintenance be consistent with its of a valid PUD agreement or master site plan are required. 3. Timetable of development limit. No Martin County development order shall have a build-out, as provided in the approved timetable of development or as modified by County amendments to the development order, which cumulatively exceeds 15 years beyond the date of the original first development order. Timetables that received extensions pursuant to State Statute shall not be used in the calculation of the 15 years. 4. The first final site plan approval for the first discrete phase of development of a DRI shall be obtained no later than two years after the date of the master site plan approval, unless modified by timetable amendments. The approval of the final site plan for the last phase shall be obtained no later than two years prior to the build-out date. If, subsequent to the first final site plan, other final site plan approvals are not obtained, according to the approved timetable of development, satisfactory progress shall not have been maintained, and all authorized development approved in that and any remaining phases on the master site plan shall have lapsed and expired and cease to be authorized. 5. The property owner shall provide an executed unity of title in a form acceptable to the County Attorney for the property that is the subject of the approved master site plan. Included shall be a provision that requires the unity of title to be maintained by the owner of the property that is the subject of master plan approval until completion of the project, provided that ownership of a phase or subphase may be transferred upon final site plan and plat approval of each phase or subphase. 6. If a comprehensive growth management plan (CGMP) amendment is required for any proposed development of regional impact (DRI) project a PUD zoning change and PUD master site plan application for the DRI shall not be submitted to the County until the required CGMP amendment transmittal hearing has been completed by the County and the CGMP amendment has been approved for transmittal by the Board of County Commissioners to the Florida Department of Economic Opportunity. Sec Vested rights A. Purpose. The purpose of this section is to provide a process for the determination of vested rights in accordance with section 1.12 of the Comprehensive Plan B. Applicability. This section is applicable to requests for a determination of vested rights from any of the requirements of the Comprehensive Plan, the LDR and the Code. The opportunity to obtain a "Letter of Vesting Determination for Public Facilities" Page 65 of of 86

71 expired on December 31, Accordingly, all projects must comply with concurrency requirements, except those projects which are exempt pursuant to the article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR C. Processing of the vested rights claim. 1. Application requirements. See section 10.2.B. 2. Completeness determination. Upon a determination that the application is incomplete, the applicant may withdraw it and receive a partial refund of the application fee. See section 10.2.C. 3. Review and recommendation by the County Administrator. See section 10.2.E. 4. Action by the BCC. Final action required see section 10.5; the BCC may also accept a settlement proposal or continue the meeting and direct staff to entertain settlement negotiations, in accordance with the Comprehensive Plan, the LDR and the Code; public hearing notice required see section 10.6; public hearing procedures required see section Standards to be considered in the final action. The standards applicable to a vested rights determination shall include: a. Statutory vested rights, as set forth in the Florida Statutes and the Comprehensive Plan; and b. Common law vested rights D. Effect of the vested rights determination and vested rights settlement resolution. The effect of a vested rights determination or stipulated settlement agreement shall be to excuse the development to the extent of the vesting from compliance with any new laws and regulations so long as the terms and conditions of the original development order or vested rights settlement are maintained. Upon approval of the development as vested, the project will be either a conforming use or a legal nonconforming use, as defined elsewhere in the LDR. Sec Monitoring A. Monitoring of development orders, generally 1. Monitoring of actual development is necessary to measure the change in the distribution and composition of population and land use, as well as to confirm compliance with the Comprehensive Plan, the LDR and the Code. As part of the conditions of approval, the approving entity may require that the all development orders for Major applications, including PUDs, shall require the applicant to provide annual periodic status reports to the County Administrator to ensure that development occurs according to the terms of the development order. The Monitoring report shall be due on the Anniversary date of the Major Master approval. 2. Site inspection. Any member of the BCC and any duly authorized representative of the BCC, such as, but not limited to, staff of the Environmental Review Division of the Growth Management or the Engineering Department, may enter and inspect any Page 66 of of 86

72 parcel of land for which a development approval or permit has been issued, or where there is a reasonable cause to believe that a development activity is being carried out, for the purpose of ascertaining the state of compliance with the LDR. The interiors of buildings shall not be subject to such inspections unless related to the enforcement of the building code. No person shall refuse immediate entry or access to any authorized representative of the BCC or one of the specified agencies who requests entry for the purpose of inspection and who presents appropriate credentials. No person shall obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of the premises shall receive a report setting forth the facts and results of the compliance determination. 3. Final development order monitoring. The County Administrator shall compile a report, on an annual basis, until the completion of development, on the construction undertaken for projects receiving BCC approval of a master site plan. The report will include a comparison of actual development with approved site plans and permits for development and the approved development schedule. The intent of the report is to identify the portions of the development that are actually built and to confirm that they are in compliance with the development order, the Comprehensive Plan, the LDR and the Code. 4. Completion progress. The County Administrator shall also monitor all unbuilt development approved as final site plans for satisfactory progress toward completion. When the County Administrator determines that the first final site plan approval for a phased project has not been obtained within one year, and an extension has not been approved, or that the scheduled phases for development have lapsed, this shall be evidence of unsatisfactory progress toward completion of the approved development. This information shall be noted in a project status report by the County Administrator. 5. LPA recommendation. The LPA shall consider the project status report. The LPA may make recommendations on the findings of the report for the BCC's consideration. 6. BCC consideration. The County Administrator shall present the project status report and LPA conclusions and recommendations to the BCC at a regularly scheduled public meeting. The BCC may accept, modify, postpone or reject the project status report. For those projects determined by the BCC not to be proceeding satisfactorily toward completion, pursuant to section 10.5, the property owner will be notified in writing by the County Administrator that all further permitting of the development is to cease. 7. Exception for single-family lot development. Single-family lot development which is in compliance with the standards of the article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR, shall be exempt from the final approval termination requirement for failure to maintain satisfactory progress. B. Monitoring of residential development orders 1. The County Administrator shall compare the timetables of developments with expected population projections so that development approvals are consistent with a fiscally feasible strategy for planning and construction of public facilities. Page 67 of of 86

73 2. The County Administrator shall enforce the limitation on final residential development approvals scheduled for the first five years of the 15 year planning period, to 125% of the projected need for residential units for that period. 3. Development orders that have expired shall be removed from the active residential development tracking list. Sec Amendment of the official zoning map A. Purpose. This section provides a procedure for amending the boundaries of the official zoning map B. Application requirements. 1. See section 10.2.B. and 10.2.C. 2. Rezoning to the PUD district shall be in association with a master site plan application pursuant to sections and The PUD standards and procedures provided elsewhere in the LDR shall apply to the creation of PUD zoning districts C. Review and recommendation by the County Administrator. See section 10.2.D. and 10.2.E D. Recommendation of the LPA. Review and recommendation by the LPA at a public hearing is required. See section 10.4; public notice required, see section E. Action by the BCC. Final action shall be taken by the BCC at a public hearing. See section 10.5; public hearing notice, see section 10.6; public hearing procedures, see section When the BCC grants a final approval to a proposed PUD zoning district application, the master site plan including all related information, agreements, and supporting materials required pursuant to this and other sections of the LDR shall be adopted as an amendment to the Official Zoning Map and shall become the standards of development for the subject PUD. 2. Development in the area delineated as a PUD district on the Official Zoning Map shall proceed only in accordance with the adopted master site plan and zoning agreement, any approved changes and amendments, any development of regional impact agreement, and the standards specified in the Comprehensive Plan, the LDR, and the Code. PART 3: APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of Martin County. PART 4: 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 Page 68 of of 86

74 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 5: 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 6: FILING WITH THE DEPARTMENT OF STATE. The clerk shall be and is hereby directed forthwith to scan this ordinance in accordance with Rule 1B , Florida Administrative Code, and file same with the Florida Department of state via electronic transmission. PART 7: CODIFICATION. Provisions of this ordinance shall be incorporated into the Martin County Land Development Regulations, except that Parts 3 through 8 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. PART 8: EFFECTIVE DATE. This ordinance shall take effect upon filing with the Office of Secretary of State, except as provided below: a. Documents required under Section 10.2.B.3. shall be updated to comply with the disclosure requirements and submitted to the County 10 days prior to the date of the final public hearing on the application. For applications that are eligible for administrative approval, documents required under Section 10.2.B.3. shall be updated to comply with the disclosure requirements for those applications for which a development order has not yet been issued. b. Where an application for development has been the subject of a public hearing by either the Local Planning Agency or the Board of County Commissioners prior to this ordinance being adopted, notification for future hearings shall occur as required by the Martin County Land Development Regulations before the adoption of this Ordinance. Where an application for development has not been the subject of a public hearing by either the Local Planning Agency or the Board of County Commissioners prior to this ordinance being adopted, notification shall occur as required under Section 10.6.E. of this ordinance. Applications for development with substantial changes proposed between public hearings shall be subject to the notification required under Section 10.6.E. of this ordinance. Page 69 of of 86

75 Option with DATES for notification: Any application for a development order that has not been the subject, on or before March 1, 2016, of (a) a public hearing before the Local Planning Agency or the County Commission, (b) a mailed notice to property owners, or (3) a notice of public hearing published in the newspaper, shall be required to conform to the increased notification distances in Section 10.6.E. effectuated by this Ordinance. PASSED AND DULY ADOPTED THIS 26TH DAY OF JANUARY, ATTEST: BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER BY: ANNE SCOTT, CHAIR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: KRISTA A. STOREY SENIOR ASSISTANT COUNTY ATTORNEY Page 70 of of 86

76 { MARTIN COUNTY, FLORIDA Comprehensive Planning Division Amendments to Article 10, Development Review Procedures Project Revisions to Articles 9 and 10 to include disclosure requirements in accordance with the Board of County Commissioners Strategic Plan Staff Nicki van Vonno, AICP Date of this Report January 26, 2015 A. Background Article 9 is the section of the Land Development Regulations that provide the role and duties of those entitles that participate in the land development review process. Article 10 is the section of the County s Land Development Regulations that details the procedures for the review of development applications. Both articles must be consistent with State Statute and the County s Comprehensive Plan. As part of the County Commission s Strategic Plan, staff has been directed to incorporate disclosure requirements for those persons or entities having an interest in the development application. The County Commission held a workshop of Article 10 on August 18, The Local Planning Agency (LPA) reviewed the draft ordinance to Article 10 at its September 3, 2015 public hearing. The LPA recommended approval with two changes. One of the changes necessitated a revision to Article 9, Decision-making. The ordinance with revisions to both Article 9 and Article 10 was presented to the Board of County Commissioners on November 24, Based on the BCC review, additional revisions were made to the draft ordinance. B. Amendment to the text of Article 9 Decision-Making The Local Planning Agency (LPA) reviewed the options for the distance requirements and recommended 500 feet for properties within the urban service district and 1000 feet for properties adjoining or outside the urbans service district. The L PA also recommended that the distance requirements for variances remain as they currently are: 300 feet inside the urban service district and 600 feet for properties abutting or outside the urbans service district. The draft ordinance incorporates revisions to the section 9.5 The Board of Zoning Adjustment. The language maintaining the existing distance requirements for variances was added. A citation to the Article 4 requirement for protection of view sheds on waterfront lots was corrected C. Amendment to the text of Article 10 Development Review Procedures The draft ordinance incorporates revisions to the following sections: Section 10.1,General including Sections 10.1.B. Glossary and 10.1.E. Applicability; Section 10.2 Application Procedures including Section 10.2.D. Review and analysis; Section 10.3 County Administrator Functions; Section of 86

77 Functions of Local Planning Agency; Section 10.5 Final Action by Board of County Commissioners; Section 10.6 Notice Requirements including Section 10.6.I. Community Redevelopment Area; Section 10.7 Procedures for Public meetings and Hearings; Section Suspension of Development Orders; Sections Requirements of Developments and Plats, including; Section Planned Unit Developments; Section Amendments to Approved Development Orders; Section Development of Regional Impact (DRI); and Section Monitoring. The following table summarizes the changes to Article 10, the Section and the location by page number in the draft ordinance. Description of change Section Page of attached draft ordinance Added Definitions and alphabetized them, Added definition for public access to environmentally sensitive lands as per the LPA recommendation 10.1.B. 7-8 Added type of 10.1.D 10 application to chart Minor changes to 10.1.E Applicability Added conditions, uses 10.2.A and topics for preapplications meetings Added Disclosure 10.2.B. 15 Requirements Added emphasis on 10.2.B.7. 16, 17 digital submission and requirement of a scanning fee Changed review times 10.2.C Added provision to 10.2.D. 17 charge fees for consultants or experts Added minor revisions 10.3.A. 20 Revised distance requirements for Notification Options for newspaper 10.6.D ads Added statement re misrepresentation C D Deleted sections no C of 86

78 longer needed F Changed thresholds for public projects on environmentally sensitive lands Deletion of AG uses from thresholds; Changed thresholds for certain types of institutional uses Inclusion of references to preserve areas in Sections on Minor Master, Minor Final Major Master and Master final Included reference to Unity of Title Added expedited review for projects providing access to environmentally sensitive lands Clarified amendments to approved development orders. Amended time requirements for requesting time table extensions. Clarified language in DRI section Added language re monitoring of residential projects B B C D E E.1.c I 57 46, 47 48, 49 50, B D E C. Disclosure Requirements Disclosure Requirements, in General. The BCC Strategic Objective was specific to disclosure requirements for development applications. Recently the County Commission has raised disclosure or transparency requirements in other circumstances, including the disclosure of ownership interest for entities seeking the reduction of code enforcement liens, and for an entity seeking approval of a lease at Witham Field. Several different types of disclosure are already used by the County. Section , Florida Statutes, establishes financial disclosure requirements for the conveyance of real property to the state or any local 378 of 86

79 governmental unit. It is found as one of the attachments to this agenda item. When the County issues formal bids, vendors, responding to the bid, are required to complete a disclosure form. While doing research on this topic, staff identified that the Cities of Hialeah and Miami have disclosure requirements for contractors doing business with the City. Both also have a requirement for disclosure by persons making presentations with respect to real property. Such a requirement may be applicable to liens and leases. At the August 18, 2015 workshop the County Commission directed that additional disclosure requirements for Board actions on items not related to development applications should be developed and a separate ordinance amending Article 1 of the General Code of Laws and Ordinances be prepared for the Board s review concurrent with this ordinance. Disclosure Requirements for development applications The topic of disclosure requirements for development applications has been discussed by the Martin County Commission twice in the last 10 years. In 2007 the Growth Management Department provided an agenda item on disclosure requirements. In 2011 the Legal Department provided a very detailed analysis on financial disclosure requirements. In both instances the County Commission took no action. Disclosure requirements, as applied to development applications, require an applicant to disclose the ownership interests in the property subject to the application. In 2011 the Legal Department surveyed 44 local governments to determine if their Codes contained disclosure requirements. Some of the research on this topic was provided by the Law firm of Littman, Sherlock and Heims, P.A. Of the 44 local governments surveyed, 20 local jurisdictions had disclosure requirements, including 5 counties who had Code requirements and two Counties who did not have disclosure requirements in their Code but required disclosure in their application requirements for development approval. Currently the County s Land Development Regulations and application materials require only the owner and the agent acting on behalf of the owner to be identified. In 2013, as part of plan amendment CPA 13-05, the following disclosure requirement was placed in Chapter 1, Section 1.11.A. of the Comprehensive Growth Management Plan: Proof of ownership must be provided for any amendment application, for any application for a development order and for any application for a Planned Unit Development to be deemed complete. The applicant must provide the names and addresses of each and every person with any legal or equitable interest in the property, including any partners, members, trustees, and stockholders and every person or entity having more than a 5% interest in the property or proposed development. This shall not apply to companies that are publicly traded. Any development order, including applications for Planned Unit Developments which was granted or approved based on false or incomplete disclosure will be presumed to have been fraudulently induced and will be deemed by the Martin County Board of County Commissioners to be void ab initio and set aside, repealed, or vacated. Plan amendment CPA was adopted by Ordinance 938. While it is not yet effective, the provision may be implemented administratively for plan amendments since the existing Section 1.11.B of the Comprehensive Plan provides for the filing of an application for a comprehensive plan amendment on an application form prescribed by the Director of the Growth Management Department. Staff has revised the application procedures for the 2016 set of plan amendment to incorporate this requirement. 479 of 86

80 The current draft Article 10, section 10.2.B.1.b. contains disclosure requirements based on the language placed in CPA At the November 24, 2015 public hearing on the draft ordinance, the Board directed staff to further review disclosure language. The Legal Department did additional research on this topic and the revisions are provided for the Commissioner s review. The revisions add the term natural person and further define the persons and entities that are required to disclose; require disclosure of all interests as opposed to interests of five percent or more; and require natural persons with interests in the entities to disclose as well. D. Other Revisions In addition to the revisions on disclosure, at the November 24, 2015 public hearing, the County Commission directed staff to review the requirements regarding the location listed in the newspaper ad, and to review thresholds for bed and breakfasts, hotels and parking lots. Requirements regarding the location. Direction was to include a map in the newspaper ad or better describe the location in the ad. The only ads run by GMD that contains maps are Comprehensive Plan amendments. Legal descriptions are no longer used in ads for site plans or for rezonings. Staff recommends no change but has provided options to the Board for their consideration. Thresholds for bed and breakfasts, hotels and parking lots. This review is provided separately. Staff is recommending no changes to the existing thresholds. See the staff report and analyses. Lastly staff made minor edits for clarity and added a provision regarding Unity of Titles that was missing from Section E. Revisions previously reviewed by the BCC The following revisions have been reviewed by the County Commission at its August Workshop, and at the LPA and first BCC public hearings: addition of definitions; an exemption from the development review procedures for County public projects providing access to environmentally sensitive lands; additions to the list of applications needing pre-application meetings, changes to the maximum review time for staff, revisions to some thresholds, inclusion of references to preserve areas in the requirements for developments; revisions to amendments and other minor clarifications. While most of the changes are minor in nature, those having the most impact to the process are described below. Review Times. Staff is recommending additional staff review time for certain development applications and suggesting a shortened review time for certain types of amendments. Distance Requirements. The County Commission requested that staff provide options for their consideration for the distance requirements for notifications found in Section 10.6.E. 1. Distance requirements are currently set at 300 feet within the urban service district and 600 feet on the boundary or outside the urban service district. Options for the distance requirements are provided in the maps provided with this staff report. The Local Planning Agency reviewed the options for the distance requirements and recommends 500 feet for properties within the urban service districts and 1000 feet for properties adjoining or outside the urbans service district. 580 of 86

81 Changes in requirements for public projects on environmentally sensitive lands. Martin County owns hundreds of acres of environmentally sensitive lands. Some of the lands are managed by the Martin County and others are managed by a state agency or the South Florida Water Management District. Various lands have Management Plans that govern their use and often the Management Plan requires public access to these lands. Originally staff considered recommending that these types of projects be exempt completely from site plan review; however the project still needs to demonstrate compliance with the Plan and the LDRs. Staff is now recommending these types of public project be classified as minor development, be expedited and pay no fees. As a separate and concurrent agenda item, staff will be recommending a revised fee schedule to the Board of County Commissioners. Thresholds. Staff is recommending several changes to thresholds. These include the deletion of agricultural uses and a reduction in thresholds for certain types of institutional uses. Truck stops /Travel centers were added to the list. Preserve Areas. Language was added to Section to clarify that Master plans are required to identify preserve areas based on an environmental assessment. In addition, the establishment of preserve areas in developments that are phased must adhere to phasing requirements and the preserve areas in later phases are to be incorporated into the PAMP. Changes based on CPA Several revisions to Article 10 are based on the adopted language of CPA These include: Disclosure Requirements Conditions, and topics for pre-applications meetings Statement re misrepresentation Time requirements for requesting time table extensions Language re monitoring of residential projects E. LPA Recommendation The Local Planning Agency held a public hearing on the draft ordinance on September 3, The LPA recommended two changes to the draft ordinance and moved to recommend the approval of the ordinance with the two changes. These two changes were the recommendations on the distance requirements, which necessitated a revision to Article 9, to retain the current distance requirements for variances, and a definition of public access to environmentally sensitive lands. E. Staff Recommendation Staff recommends that the County Commissioners review the draft ordinance to amend Article 9, Decision-making, and Article 10, Development Review Procedures. Staff further recommends that the Board of County Commissioners the approval of the draft ordinance. F. Attachments Draft Ordinance Disclosure information Thresholds Review Newspaper ad Public Comment 681 of 86

82 Thresholds Review for MC BOCC Consideration January 26, 2016 At the November 24, 2015 public hearing on the draft ordinance to amend Article 9 and 10 of the Martin County Land Development Regulations, staff was directed to review the thresholds for bed and breakfast inns, hotels and parking garages. Each is discussed below. Bed and breakfast (B&B) inns Bed and breakfast (B&B) inns are regulated by the State of Florida Division of Hotels and Restaurants. Florida law defines a bed and breakfast as a family home structure with no more than 15 sleeping rooms that provides accommodation and meal services generally offered by a bed and breakfast. The Martin County Land Development Regulations define bed and breakfast inns as an establishment operated by an owner or manager living on the premises which offers transient lodging accommodations to the general public. Article 3, Division 2, classifies B&B as commercial uses and allows them in agricultural zoning districts, the residential districts excluding mobile home designations and most commercial districts. The Specific Conditions for B&Bs are found in Article 3, Division 3, Sec. 3.58, as follows: 3.58.A. When located in an AG or AR district, the inn shall be associated with an agricultural use, such as a commercial stable, and shall offer no more than six guest rooms B. When located in a RE, RS or any Category "B" district not more than two guest rooms may be rented unless the inn is located on a lot that is at least one acre in size. If the lot is at least one acre, then the maximum number of guest rooms which may be rented shall be six C. When located in a district allowing multiple-family use, not more than ten guest rooms may be rented D. The owner or manager of the residence must live in and manage the bed and breakfast inn E. The outside appearance of the inn shall be consistent with its use as a residence F. Individual guest rooms shall not contain any cooking facilities other than small convenience appliances such as a coffee maker G. Meals shall be served only to guests taking lodging in the inn H. Only daily rates shall be offered, a current guest register shall be maintained, and the length of stay for any guest shall not exceed 14 consecutive days I. Unless located within an area where on-street parking is allowed, there must be one offstreet parking space provided for each guest room plus two spaces for the primary residential unit. Parking areas must be located to the side or rear of the inn and screened by opaque fence 82 of 86

83 or plantings at a minimum height of five feet when parking is within 25 feet of residential property J. If located in an area where on-street parking is allowed, the number and location of parking spaces for inn guests and the permanent residents shall be specified in the development order K. Signs shall comply with the following criteria: 1. In the AG and AR districts one free-standing or fence mounted roadside sign shall be allowed on the property subject to compliance with the following: a. The sign shall not exceed six square feet; b. The sign shall not be positioned with its top higher than six feet above street level; c. Positioning of the sign shall not block the view of any street intersection or driveway; d. Wording shall be limited to the name and type of the establishment; e. Lighting shall be limited to one downward directed light, positioned to illuminate only the sign L. In all other districts, signs shall be allowed on the property subject to compliance with the following: 1. Wording shall be limited to the name and type of the establishment; 2. Signs shall not be illuminated; 3. Signs shall not exceed four square feet; 4. No freestanding roadside signs are allowed, roadside signs must be attached to a fence or mailbox with a top no more than six feet from ground level. (Ord. No. 608, pt. 1, ; Ord. No. 633, pt. 1, ) The Community Redevelopment Overlay Districts found in Article 3, Division 6, are applicable to the seven CRA areas in Martin County. B&Bs are classified as residential in four of the seven overlays (Jensen Beach, Port Salerno, Hobe Sound and Rio) and are classified as Commercial in the other three Overlays (Palm City, Indiantown and Golden Gate). Of particular interest is the fine layering of uses found in the Golden Gate overlay which has five districts. B&Bs are allowed in two of the five districts and in a third district, but only if done as part of the mixed use development. This mixed use requirement in this District of the Golden Gate Community Redevelopment Overlay District is the only specific condition that applies to a B&B in any of the seven redevelopment overlays districts. 83 of 86

84 The phrase bed and breakfast inn is not found in Article 3, Division 7, Category C Zoning Districts. There are similar uses; boarding house and rooming house, with the difference being whether meals are served. The Specific Conditions for B&Bs found in Article 3, Division 3, Sec. 3.58, limit the size of B&Bs as follows: Size Requirements for Bed and Breakfasts State Standard Martin County Standard Zoning District (Category A and B) AG, AR RE, RS, or Category B, under 1 acre RE, RS, or Category B, 1 acre or greater Multi-Family Districts Martin County Community Redevelopment overlay Zoning Martin County Zoning District (Category C) Size 15 sleeping rooms 6 guest rooms 2 guests rooms 6 guest rooms 10 guest rooms No size limits Under 10* *Note: While the definition of rooming house does not have a limitation, the definition of hotel refers to 10 or more sleeping accommodations and dining areas. The current threshold for B&Bs is that all are to be treated as minors. The original staff recommendation was to establish a threshold of 12 rooms, with those under 12 rooms being a minor development application and those over 12 being a major development application. In general, most potential B&Bs involve the use of an existing single family home that undergoes tenant improvements. The Zoning review conducted for the business license identifies any issues with the Specific Conditions found in Article 3, Division 3, Section These requirements apply to the use regardless of whether a site plan is required. On occasion, the review may trigger the requirement for a site plan review. Hotel Threshold Hotels and motels for Category A and B zoning districts are defined in Article 3 as a building or other structure used, maintained or advertised as a place where sleeping accommodations are supplied for short term rent to tenants. Hotels and motels typically include accessory uses such as meeting or convention facilities and recreational facilities but individual rooms do not include kitchen facilities. For Category C zoning districts they are defined as any building or other structure used, maintained or advertised as a place where sleeping accommodations are supplied for short term rent to tenants. 84 of 86

85 Hotels and motels typically include accessory uses such as meeting or convention facilities and recreational facilities but individual rooms do not include kitchen facilities. Applications for hotels with up to 50 rooms are classified as minor development applications and are reviewed administratively. Applications for hotels with 50 rooms or more are considered a major development application and the application goes to the LPA and then to BCC for approval at a public hearing. According to the County s Office of Tourism and Marketing, Martin County has 25 hotels. Nine of the hotels have 50 rooms or more. Of that nine, five are in the City of Stuart. The remaining hotels range in size from 3 rooms to 38 rooms. The total number of rooms is Of that total, 610 are in the City of Stuart. The Oceanside Resort, being built on the site of the old Holiday Inn on Hutchinson Island, will add 174 rooms. Parking Garage Threshold Parking lots and garages for Category A and B zoning districts are defined in Article 3 as a public or private parking lot or parking structure operated as a principal use for the purpose of providing offstreet parking or storage of operable motor vehicles, including trailers, but specifically excluding the parking or storage of construction equipment. This definition is for a use that is a primary use, as opposed to parking as an ancillary use that necessary to support primary use on the site, for example parking to support a doctor s office or retail store. Vehicular sales and service is defined as the retail or wholesale sale, storage or rental of motor vehicles, including boats, travel trailers and mobile homes, and related equipment, with incidental services and maintenance. For Category C zoning districts the uses are defined separately: Garage, public: Any building, except those described as a private or storage garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. Parking lot: An area or plot of ground used solely for the storage or parking of motor vehicles. In general Martin County does not receive applications for parking lots or garages. One current application is under review for a private garage for personal storage of vehicles. However, applications for vehicular sales and services to provide storage for motor vehicles, including boats, travel trailers and mobile homes is the more common application that staff sees. Even more common is industrial users submitting applications for storage of materials and equipment in Industrial zoned areas. 85 of 86

86 12A» Thursday, November 12, 2015» T R E A S U R E C O A S T N E W S PA P E R S» MC from 1a JORDAN PUBLIC HEARING SEAMAN A-12-All Section-Page-Zone(s): Rubioacknowledgesthere werepersonalexpensesestimated at more than $16,000 that he later reimbursed. Asked whether she ever questioned those expenses at the time, she said no. That wasn t our job. Somebody in Mr. Rubio s office, possibly the speaker himself, approved their own expenses, she said. It wasn t my job to judge what they spent their money on. Jordan said that when she took the reins of the party, she brought to the job a business acumen it had lacked. The Republican Party was just exploding, she said. We grew up, if you will, and became a multimillion-dollar operation. No chairman is going to sit and go through every single bill. I went through my Carole Jean Jordan, former chairwoman of Republican Party of Florida American Express, or my staff did. And she occasionally reimbursed the party for her husband s meals paid for with the card, she said. I personally did not handle his American Express card, or anybody else s. My office did, she said of Rubio. She said there were obviously mistakes made because Rubio has had to clarify how he handled the personal expenses. Rubio insisted in 2010 that the card was his, not the party s, because it was secured under my name, my Social Security number and my personal credit through the Corporate Division of American Express. Jordan said it was absolutely the policy of the party that cards provided were to be used solely for party business. If Rubio did incur personal expenses, would it have violated the policy, she was asked. I would assume so, Jordan said. I didn t see it. Bartholomew Sullivan, a veteran Washington reporter, heads Treasure Coast Newspapers D.C. news bureau. 7366!5* 7(51(5 Description: N/A Agency: Advertiser: Martin County Commissioners from 1A That wasn t our job. Somebody in Mr. Rubio s office, possibly the speaker himself, approved their own expenses. It wasn t my job to judge what they spent their money on. "-(2# )$/21+3# "-(5!5%!8** $* !1042!. '4&504&5 7(51(5,(3.$ #"%.% 2%0-%0 '%/)" '4(&, 1%%+- 30&!/0 *!(%. $.!(% 3 Col x 10 in N/A Size: Color Type: Thursday, November 12, 2015 Insertion Number: N/A Ad Number: ),53 "6,5.&& +. 2,,#& '1&2.+1& (52., 4&%.323&1. /55,#: NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Board of County Commissioners of Martin County will conduct public hearings on November 24, 2015 to consider the adoption of ordinances amending the Martin County Land Development Regulations and Chapter 1 of the General Code of Laws and Ordinances to incorporate disclosure requirements and other revisions. The hearings will be conducted beginning at 9:00 AM, or as soon thereafter as the following item may be heard. The titles of the proposed ordinances are: AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLE 9, DECISION-MAKING, LAND DEVELOPMENT REGULATIONS; MARTIN COUNTY CODE; SPECIFICALLY AMENDING SEC. 9.5 BOARD OF ZONING ADJUSTMENT AND AMENDING ARTICLE 10, DEVELOPMENT REVIEW PROCEDURES, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE; SPECIFICALLY AMENDING SEC GENERAL; SEC APPLICATION PROCEDURES; SEC COUNTY ADMINISTRATOR FUNCTIONS; SEC FUNCTIONS OF LOCAL PLANNING AGENCY; SECTION 10.6 NOTICE REQUIREMENTS; SEC PROCEDURES FOR PUBLIC MEETINGS AND HEARINGS; SEC SUSPENSION OF DEVELOPMENT ORDERS FOR FAILURE TO COMPLY; SEC REQUIREMENTS FOR DEVELOPMENTS AND PLATS; SEC EXPEDITED STAFF REVIEW; SEC, PLANNED UNIT DEVELOPMENT PROCEDURES; SEC AMENDMENTS TO APPROVED DEVELOPMENT ORDERS; AND SEC DEVELOPMENT OF REGIONAL IMPACT (DRI); AND SEC MONITORING; PROVIDING FOR APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING CHAPTER 1 GENERAL ORDINANCES, MARTIN COUNTY CODE; PROVIDING FOR APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. All interested persons are invited to attend and be heard. The meetings will be held in the Commission Chambers on the first floor of the Martin County Administrative Center, 2401 S.E. Monterey Road, Stuart, Florida. Written comments may be sent to: Nicki van Vonno, Director, Martin County Growth Management Department, 2401 S.E. Monterey Road, Stuart, Florida comments may be sent to nikkiv@martin. fl.us. Copies of the item will be available from the Growth Management Department. For more information, contact Nicki van Vonno at (772) Persons with disabilities who need an accommodation in order to participate in this proceeding are entitled, at no cost, to the provision of certain assistance. This does not include transportation to and from the meeting. Please contact the Office of the County Administrator at (772) , or in writing to 2401 SE Monterey Road, Stuart, FL, 34996, no later than three days before the hearing date. Persons using a TDD device, please call 711 Florida Relay Services. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, agency, council, or advisory group, that person will need a record of the proceedings and, for such purpose, may need to insure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Fall STUAR StrollT Historic Downtown Stuart Thursday November 12 5PM-9PM Sip, Sample, Shop! Stroll Historic Downtown Stuart and get to know the great shops and restaurants that make up our quaint downtown and enter for a chance to win 1 of 5 $100 shopping sprees! ENTERTAINMENT BY: Ryan Owens (Local solo performer) TIckets: $10 - In advance / $15 - Day of event ADVANCE TICKET LOCATIONS: Seacoast Bank (Colorado Avenue) Kilwin s Chocolate s & Ice Cream Stuart Coffee Company Gumbo Limbo Coastal Chic Rare Earth Gallery Harbor Wear The Clam Shell April Daze Bella Jewelry & Gifts *Free shuttle service available from Osceola, Sailfish and Kiwanis parking lots from 4-10pm* *Registration begins at 4:45pm at the tent in front of Post Office Arcade on Osceola Street* 86 of 86