BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 373 AN ORDINANCE REPLACING CHAPTER 34 (COMPREHENSIVE PLAN) OF THE

Transcription

1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 373 AN ORDINANCE REPLACING CHAPTER 34 (COMPREHENSIVE PLAN) OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA; ADOPTING THE MARTIN COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN PURSUANT TO FLORIDA STATUTES, CHAPTER 163 AND PROVIDING FOR THE PREAMBLE; OVERALL GOALS FOR THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; AN INTERGOVERNMENTAL COORDINATION ELEMENT; FUTURE LAND USE ELEMENT; TRAFFIC CIRCULATION PLAN ELEMENT; PUBLIC TRANSPORTATION PLAN ELEMENT; PORTS, AVIATION AND RELATED FACILITIES ELEMENT; HOUSING ELEMENT; RECREATION ELEMENT; COASTAL MANAGEMENT ELEMENT; CONSERVATION AND OPEN SPACE ELEMENT; SANITARY SEWER SERVICE ELEMENT; POTABLE WATER SERVICE ELEMENT; SOLID AND HAZARDOUS WASTE ELEMENT; DRAINAGE AND NATURAL GROUND WATER AQUIFER RECHARGE ELEMENT; CAPITAL IMPROVEMENT ELEMENT; ECONOMIC ELEMENT AND ARTS AND CULTURE ELEMENT; PROVIDING FOR ENFORCEMENT, PROVIDING PENALTIES, PROVIDING FOR CONFLICTING PROVISIONS OF LAW, PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY THROUGHOUT THE UNINCORPORATED AREAS OF MARTIN COUNTY, DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED WITH THE DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL AND THE DEPARTMENT OF STATE, PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act (Section et seq., Florida Statutes (1987)) and Chapter 95-5, Florida Administrative Code require that each local government prepare and submit a comprehensive plan of the type set out in that Act; and WHEREAS, this Board has, in compliance with said Act, caused a Comprehensive Growth Management Plan to be prepared for the areas of Martin County under its jurisdiction; and WHEREAS, the Martin County Local Planning Agency has held workshops and public hearings on the proposed Martin County Comprehensive Growth Management Plan; and WHEREAS, this Board of County Commissioners has held public hearings and workshops on the proposed Martin County Comprehensive Growth Management Plan; and WHEREAS, this Board has provided for full public participation in the comprehensive planning process and has considered and responded to public comments; and WHEREAS, this Board has received written objections, recommendations and comments from the State Land Planning Agency and has reviewed and responded to those objections, recommendations and comments ; and

2 WHEREAS, this Board, in response to the objections, recommendations, and comments filed by the State Land Planning Agency and in response to comments filed by other interested persons has determined that certain changes to the proposed Plan are appropriate and in the best interest of the citizens of Martin County; and WHEREAS, this Board has determined that the Martin County Comprehensive Growth Management Plan meets or exceeds the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and Chapter 95-5 of the Florida Administrative Code; and WHEREAS, this Board has determined that the adoption of this Martin County Comprehensive Growth Management Plan conforms with the purpose and intent of the Local Government Comprehensive Planning and Land Development Regulation Act, and is in the best interest of the health, safety and welfare of the citizens of Martin County, Florida. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART I. Adoption of Comprehensive Growth Management Plan The following provisions be and hereby are added as Chapter 34 of the Code of Laws and Ordinances of Martin County: Chapter 34 - Comprehensive Growth Management Plan Section 34-1: Adoption of Comprehensive Growth Management Plan. The Martin County Comprehensive Growth Management Plan, dated the 20th day of February, 1990 is hereby adopted. By adoption of this Martin County Comprehensive Growth Management Plan, the Martin County Comprehensive Plan dated April 1, 1982, as subsequently amended, is hereby repealed. PART 11. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.

3 PART 111. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, 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, such holding shall not affect its applicability to any other person, property or circumstances. PART IV. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of Martin County. PART V. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Room 1802, Department of State, The Capitol, Tallahassee, Florida PART VI. FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send by certified mail a certified copy of this ordinance to Treasure Coast Region Planner/DRI Section, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, PART VII. FILING WITH TREASURE COAST REGIONAL PLANNING COUNCIL. The County Attorney shall send a certified copy of this ordinance to Treasure Coast Regional Planning Council, Post Office Box 1529, Palm City, Florida PART VIII. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. PART IX. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section , FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine.

4 PART X. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts I1 to X shall not be codified. ATTEST : DULY PASSED AND ADOPTED THIS 20th DAY OF FEBRUARY, BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY WA. APPROVED AS TO FORM STATE OF FLORIDA MARTIN COUNTY

5 - m,md FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida (904) February 26, & Honorable narsha Stiller Clerk of Circuit Court Martin County Courthouse Post Office Box Stuart, Florida Attention: Deputy Clerks, County Ord. Records Division Dear Ms. Stiller: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge your envelope postmarked February 22, 1990, and certified copy of Martin County Ordinance Number 373, relative to adopting the Comprehensive Growth Management Plan for Martin County, which we have numbered This ordinance was received and filed in this office on February 26, Sincerely, LC/mb Enclosure Liz ~ louw. Chief Bureau of ~dministrative Code

6 NOTICE OF CONTINUED PUBLIC HEARING ON THE MARTIN COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN AND CHANGE OF LAND USE The Martin County Board of County Commissioners will continue the previously advertised Publ ic Hearing to consider proposal s to change the use of land within the unincorporated areas of Martin County. These actions are being taken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act and this Public Meeting is being held to consider the Objections, Recomnendations and Comnents (ORC) Report filed by the Florida Department of Comnunity Affairs.. (FDCA). The County Comni ssion wi 11 direct revisions to the proposed Comprehensive Growth Management Plan based on the ORC Report and comments filed by members of. the Board, the public and staff. The Public Hearings to consider the.proposed changes and to adopt the Comprehensi ve Growth Management Plan have been extended as foll ows: 1 ) Tuesday, January 30, 1990, to concentrate on the Future Land Use Element, Coastal Management Element, Conservation and Open Space Element and those other Elements continued from the original January 18, 1990, hearing. 2) Tuesday, February 6, 1990, to concentrate on the Potable Water, Sani tary Sewer Element, Sol i d and Hazardous Waste Element and the Capi tal Improvements Element. A1 1 Publ ic Hearings will be held at 9:00 A.M. on the referenced dates, at the County Commission Meeting Room, County Admini stration Bui 1 ding, 2401 S. E. Monterey Road, Stuart, Florida. Copies of the proposed Martin County Comprehensive Growth Management Plan and the Objections, Recommendations and Comments filed by the FDCA are available for review and inspection by the pub1 ic at the Growth Management Department, County Administrative Bui 1 ding, 2401 S.E. Monterey Road, Stuart, Florida Copies are a1 so available for review at the Martin County Library, 701 East Ocean Boulevard, Stuart, Florida and at the Hobe Sound Library Branch, the Jensen Beach Library Branch and the Indiantown/Big Mound Park Meeting Hall. Revisions to the various Elements will be made available to the public at the cost of reproduction at the time they are available to the Board of County Commissioners. Land Use designations established by the 1982 Comprehensive Plan, updated by formal ordinances through August, 1989, form the basis for the proposed Future Land Use Maps, however, changes to permitted uses of land or land use categories within the proposed Future Land Use Element have been recommended by the ORC Report. These recommended changes and additional changes mqy be considered by the Board of County Commissioners at the January 30, 1990, hearing. Proposed Map revisions to areas illustrated on the referenced map would potentially affect properties in the following platted or unrecorded subdivisions in western Martin County, known as: HOPWOOD (unrecorded) SUNSHINE GROVES SUNSET GROVES B - FOUR GROVES GREENVILLE ESTATES CLEMENTSVILLE SPRINGHAVEN ESTATES ( pl at ted) POWELL THAXTON (unrecorded) GREENRI DGE ESTATES GREENRIDGE WEST Interested parties may appear to be heard at the meeting. Assistance for handicapped persons mqy be arranged by contacting the County Admi ni strator's Office. IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE MEETINGS OR HEARINGS OF ANY BOARD, COMMITTEE, COMMISSION, 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. MATTERS AFFECTING YOUR PERSONAL AND PROPERTY RIGHTS MAY BE HEARD AND ACTED UPON. INTERESTED PARTIES ARE INVITED TO APPEAR AT THE MEETING AND BE HEARD. Page 1 of 2

7 Written comnents may be sent to the Director of Growth Management Department, 2401 S,E. Monterey Road, Stuart, Florida THIS NOTICE DATED THIS 15TH DAY OF JANUARY, ATTEST : BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA APPROVED AS TO FORM AmRRECTNESS: NBREEN S. DREYER U COUNTY ATTORNEY NOTE TO PUBLISHER OF STUART NEWS: Pub1 ication dates: Monday, January 22, 1990 This ad to appear in the Classified Section. Please send sample of the ad with the bill i ng to: Martin County Comni ssioners Accounti ng Department P.O. Box 9016 Stuart, Fl ori da Page 2 of 2