BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 6G BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY LACEMENT: UBLIC HEARINGS RESET: TITLE: UBLIC HEARING TO CONSIDER AMENDMENT OF THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING ON 215 ACRES LOCATED WEST OF SE ISLAND WAY, NORTH OF THE ALM BEACH/MARTIN COUNTY LINE AND CONCURRENT WITH CA 17-3 BRIDGEWATER RESERVE FLUM AGENDA ITEM DATES: MEETING DATE: 7/25/2017 COMLETED DATE: 7/13/2017 COUNTY ATTORNEY: 7/3/2017 ASSISTANT COUNTY ADMINISTRATOR: 7/10/2017 REQUESTED BY: DEARTMENT: REARED BY: Name: Bridgewater Ventures, LLC Name: Morris Crady, AIC, Senior Vice resident, Lucido & Associates rocedures: Quasi-Judicial rocedures EXECUTIVE SUMMARY: Growth Management Clyde Dulin, AIC Comprehensive lanning/compliance Adm. Estimated staff presentation: 5 minutes. The applicant requests the Board of County Commissioners adopt a resolution to change the zoning district from AR-5A to RE-2A; concurrent with CA 17-3 Bridgewater reserve, a Future Land Use Map amendment. The Local lanning Agency voted 4-0 to recommend the RE-2A zoning. AROVAL: LEG ACA 808b of 23

2 CA BACKGROUND/RELATED STRATEGIC GOAL: Rezonings are quasi-judicial actions involving the application of general rules of policy to specific situations. olicy 4.4A.1. Comprehensive Growth Management lan, Martin County Code, states: arcels being considered for amendment to the future land use designation shall be concurrently evaluated for rezoning to the most appropriate zoning district in the most recently adopted Land Development Regulations. ISSUES: A concurrent rezoning will be considered for each Future Land Use Map Amendment where the amendment creates an inconsistency with the current zoning designation. Analysis of the proposed Future Land Use Map amendment can be found in a related but separate Board item on CA 17-3, Bridgewater reserve, a Future Land Use Map amendment. Each rezoning will be considered separately by the Board pursuant to the quasi-judicial public hearing procedures attached. Analysis of the proposed rezoning can be found in the staff report attached to this Board Item. LEGAL SUFFICIENCY REVIEW: Because this request involves the application of a policy to a specific rezoning application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled as a matter of due process to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent substantial evidence in the record. Suggested procedures to follow during consideration of this matter: Cautionary Note: It is advisable that Commissioners refrain from commenting on any of the presentation, items, evidence, witness testimony, or otherwise, until the Chair concludes the quasi-judicial components of the meeting and the Board begins its deliberations. The Commission may and should ask questions of any witnesses. 1. Chair announces this matter from the Agenda for the record. 2. Chair will inquire of the Commissioners regarding ex parte communications related to this matter and any disclosures that have not been previously filed with the Clerk. 3. Chair will ask that all staff witnesses, applicant witnesses and members of the public that intend to offer relevant and material evidence in this matter identify themselves. All witnesses should be asked to approach the well and be sworn in by the Clerk of Court or the Clerk s designee. 4. Martin County staff should provide a brief introduction of the matter, to include substantive staff findings and relevant procedural history. Although Commissioners may ask questions of staff at this time, Commissioners may want to refrain until the applicant has completed the applicant s presentation. 808b of 23

3 5. Upon conclusion of staff s brief introduction, the applicant may make a presentation and discuss any information in the application that the applicant deems appropriate. For this matter it is anticipated that the applicant should be provided no more than 45 minutes to present. However, depending upon questions from the Commissioners, examination of evidence, and crossexamination of witnesses, it maybe appropriate to extend the time to the extent necessary to ensure that due process has been provided. 6. Upon conclusion of the applicant s presentation, the Commissioners may proffer questions for the applicant and staff regarding the matter. Questions should be designed to elicit relevant and material evidence concerning the matter. Comments concerning the credibility, the authenticity of the evidence, the weight of the evidence, or otherwise should not be made at this time. Such comments may be made during the Commission s deliberations. 7. Upon conclusion of Commissioners questions, the Chair shall allow public comment regarding this matter. 8. Upon conclusion of public comment, the applicant should be offered an opportunity for rebuttal and/or final comments (maximum of 20 minutes). 9. Upon conclusion of the applicant s rebuttal, staff should be offered an opportunity for any final comments. 10. After the conclusion of the quasi-judicial components set forth in paragraphs 1 through 9 above, the Chair shall close the public portion of the meeting and announce that no other evidence will be entertained or considered. Once the public portion of the meeting is closed, the Chair may entertain motions to approve, approve with modifications or deny the request for the alteration of the previously approved preserve area, and the Board should deliberate accordingly. Legal principles to be considered: Consideration of the legal principles that an appellate court would consider in the review of a quasi-judicial decision by a local government can provide guidance as the Board conducts this quasi-judicial proceeding. Quasi-judicial decisions are subject to a certiorari standard of review on appeal. The standard of review before the circuit court is as follows: 1) whether procedural due process was afforded, 2) whether the local tribunal observed the essential requirements of law, and 3) whether the local government s decision was based on competent substantial evidence. One of the requirements of procedural due process is met when the parties have received notice of the meeting and are given an opportunity to be heard. Following the procedures outlined above will help support a finding that procedural due process was afforded. Another component of procedural due process is whether the applicant was given an opportunity to be heard by a neutral and impartial decision-maker. There must be evidence in the record to support or deny a request. Therefore, a decision to approve or deny a request before the presentation of the evidence and testimony is concluded would not be appropriate. 808b of 23

4 The essential requirements of law are met when the correct provisions of applicable law are applied in making the decision and the decision-maker does not abuse its legal authority in the process. A determination that a decision was based on competent substantial evidence requires that there must be testimony and evidence provided that is relevant and material to the determination. The evidence relied upon to sustain the ultimate findings should be sufficiently relevant and material to the matter so that a reasonable mind would accept it as adequate to support the conclusion reached. Testimony must have a factual basis. Generalized statements in support of or in opposition to a proposal should be disregarded even those from an expert. Relevant fact-based statements, whether expert or not should be considered. Citizen testimony is permissible and may constitute competent substantial evidence if it is fact-based. The facts upon which the testimony rests may be derived from relevant portions of the record or from other factual information provided in the application. The submittal of materials into the record such as maps, site plans, and traffic studies along with testimony based on professional experience and personal observations may form the basis for upholding a conclusion reached by a decision-maker. RECOMMENDED ACTION: RECOMMENDATION 1. Move that the Board receive and file the Agenda item Summary and all of its attachments including the Staff Report for the record as Exhibit Move that the Board amend the Martin County Zoning Atlas to change the zoning district from AR-5A (Agricultural Ranchette District) to RE-2A, (Rural Estate District). ALTERNATIVE RECOMMENDATIONS 1. Move that the Board continue the item to a date certain. 2. Move that the Board deny the proposed zoning district change. FISCAL IMACT: RECOMMENDATION Staff time. ALTERNATIVE RECOMMENDATIONS 1. Staff time. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MO _ RD _ USD X CA X ACA X LEG 808b of 23

5 QUASI-JUDICIAL ROCEDURES 1. Ex parte disclosures by County Commissioners. NOTE: Chairman asks: "Do any commissioners have ex parte disclosures that have not been previously filed with the Clerk?" NOTE: Commissioners use written disclosure forms to disclose communications they had prior to this public meeting with persons interested in this matter. Copies of the disclosure are forms available from the Clerk. 2. If applicable, verification by Applicant that return receipts for notices have been filed with the Clerk. 3. Request for identification of any Intervenors. (In order to be an Intervenor, a person must qualify to receive mailed notice of the subject application in accordance with Section 10.6.E, Land Development Regulations, Martin County Code (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor. In addition, an Intervenor must file a form of intent with the County Administrator not less than 7 days prior to the Board meeting. No fee will be assessed on Intervenor. If the Intervenor is representing a group/association, he/she must file a letter on official letterhead signed by an authorized representative of the group/association, stating that he/she is authorized to speak for the group.) 4. *Administration of oath to all witnesses. 5. Staff introduction of application. 6. Questions for Staff from County Commissioners. 7. Applicant presentation. (Applicant is encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes. Applicant s questions for staff are to be asked during Applicant s 45 minute presentation. Staff responses to questions will be at the conclusion of the Applicant s presentation. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 8. Questions for Applicant from County Commissioners, Intervenor, and Staff. 9. Intervenor presentations. (Intervenors are encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes for all Intervenors collectively. Intervenors questions for staff are to be asked during Intervenors collective 45 minute presentation. Staff responses to questions will be at the conclusion of Intervenors presentation(s). All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 10.Questions for Intervenor(s) from Board of County Commissioners, Applicant, Staff. 11.ublic Comments. 12.Intervenor(s) rebuttal and/or final comments (maximum 20 minutes collectively). 13.Applicant rebuttal and/or final comments (maximum 20 minutes). 14.Staff Final Comments. 15.County Commissioners final questions, deliberation and decision. 5 of 23

6 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST TO INTERVENE Date: roposal/roject Name: Agenda Date: Agenda Item Number: An intervenor is a person who qualifies under the Land Development Regulations to receive mailed notice regarding the subject matter (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor, or to just offer public comment. Someone who does not qualify to be an Intervenor, or could qualify, but chooses not to be one, will be allowed to speak briefly on his or her own behalf, either to present facts or to state opinions, during public comments on the application. It should be noted that being an Intervenor in a matter under consideration by the Board does not guarantee that the Intervenor can challenge or appeal the final decision in a judicial or administrative proceeding. Also, being an Intervenor here may not even be a prerequisite to filing a challenge or appeal of the final decision, depending upon what state laws or court rules require. lease complete the following information and return this form to the County Administrator at least seven (7) days prior to the hearing on the matter. No fee will be assessed. If requesting to intervene as a group, provide on group s letterhead, signed by an authorized representative of the group, stating the name of the group and the name of the individual who is authorized to speak for the group. Only one request needs to be submitted per each matter for which status as an Intervenor is sought, irrespective of the number of hearings to be held on the matter. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator (or designee) by the Friday prior to the meeting. A Request to Intervene may be used only for the purpose of presenting evidence and testimony on a matter, and not merely to extend the time allowed to an individual to speak during public comments. (LEASE RINT CLEARLY) Name (individual or group representative): Group Name (if applicable): Address: City: Zip Code: Telephone: 1. Explain what interest(s) you, as an individual or group, believe will be impacted by the p roposal. Examples of interests include health and safety, police and fire protection service systems, transportation facilities, and economic, environmental or natural resources. (Attach separate sheet, if more space is needed.) 2. State your position regarding the proposal. (Attach separate sheet, if more space is needed.) 3. State all facts you believe support your position. (Attach separate sheet, if more space is needed.) 6 of 23

7 { MARTIN COUNTY, FLORIDA DEVELOMENT REVIEW STAFF REORT A. Application Information BRIDGEWATER VENTURES, LLC REZONING Applicant: Bridgewater Ventures, LLC. roperty Owner: Bridgewater Ventures, LLC. Agent for the Applicant: Morris A. Crady, AIC, Lucido & Associates County roject Coordinator: Clyde Dulin, AIC, rincipal lanner Growth Management Director: Nicki van Vonno, AIC roject Number: CA 17-3 Application Received: 09/29/2016 Date of Staff Report: 02/02/2017 LA Meeting Date: 03/16/2017 BCC Meeting Date: 07/25/2017 B. roject description and analysis This application is a request for a zoning district change from AR-5A to RE-2A submitted concurrently with a Future Land Use Map change from Agricultural Ranchette to Rural Density. The proposed change is on ±215 acres located on the west side of S.E. Island Way, just north of the alm Beach/Martin County line. Staff recommends approval of the proposed zoning district change concurrent with the staff recommendation on the proposed Future Land Use Map change, CA 17-3, Bridgewater reserve. The decision on the appropriate zoning depends on the final decision for the future land use designation on the property. The AR-5A zoning district on the Zoning Atlas correctly implements the Agricultural Ranchette future land use designation on the Future Land Use Map, an exhibit to the Comprehensive Growth Management lan. Likewise, the RE-2A zoning district implements the Rural Density future land use considered in a separate report. lease see the Future Land Use Map amendment staff report and application materials for CA 17-3, Bridgewater reserve. ermitted Uses: Below are excerpts from Article 3 of the Land Development Regulations, Martin County Code including the permitted use schedule for the various zoning districts. Lands zoned in accordance with this Division shall be limited to the uses indicated as permitted in Table A "" indicates that the use is permitted within that zoning district provided that the use can be developed in accordance with, the requirements set forth in Divisions 3 and 4 and all other applicable requirements of this Article and the 7 of 23

8 Development Review Staff Report LDR. Residential Uses Accessory dwelling units Apartment hotels Mobile homes Modular homes Multifamily dwellings Single-family detached dwellings TABLE ERMITTED USES - CATEGORY "A" DISTRICTS USE CATEGORY Single-family detached dwellings, if established prior to the effective date of this ordinance Townhouse dwellings Duplex dwellings Zero lot line single-family dwellings Agricultural Uses Agricultural processing, indoor Agricultural processing, outdoor Agricultural veterinary medical services Aquaculture Crop farms Dairies Exotic wildlife sanctuaries Farmer's markets Feed lots Fishing and hunting camps Orchards and groves lant nurseries and landscape services Ranches Silviculture Stables, commercial Storage of agricultural equipment, supplies and produce Wildlife rehabilitation facilities A R 5 A R E 2 A age 2 of 12 8 of 23

9 Development Review Staff Report ublic and Institutional Uses Administrative services, not-for-profit Cemeteries, crematory operations and columbaria Community centers Correctional facilities Cultural or civic uses Dredge spoil facilities Educational institutions Electrical generating plants Fairgrounds Halfway houses Halfway houses, on lots where such use was lawfully established prior to the effective date of this ordinance Hospitals Neighborhood assisted residences with six or fewer residents Neighborhood boat launches Nonsecure residential drug and alcohol rehabilitation and treatment facilities Nonsecure residential drug and alcohol rehabilitation and treatment facilities, on lots where such use was lawfully established prior to the effective date of this ordinance laces of worship ost offices rotective and emergency services ublic libraries ublic parks and recreation areas, active ublic parks and recreation areas, passive ublic vehicle storage and maintenance Recycling drop-off centers Residential care facilities Residential care facilities, where such use was lawfully established prior to the effective date of this ordinance Solid waste disposal areas Utilities Commercial and Business Uses Adult business Bed and breakfast inns Business and professional offices age 3 of 12 9 of 23

10 Development Review Staff Report Campgrounds Commercial amusements, indoor Commercial amusements, outdoor Commercial day care Construction industry trades Construction sales and services Family day care Financial institutions Flea markets Funeral homes General retail sales and services Golf courses Golf driving ranges Hotels and motels Kennels, commercial Limited retail sales and services Marinas, commercial Marine education and research Medical services arking lots and garages Recreational vehicle parks Recreational vehicle parks, limited to the number and configuration of units lawfully established prior to the effective date of this ordinance Residential storage facilities Restaurants, convenience, with drive through facilities Restaurants, convenience without drive through facilities Restaurants, general Shooting ranges, indoor Shooting ranges, outdoor Trades and skilled services Vehicular sales and service Vehicular service and maintenance Veterinary medical services Wholesale trades and services Transportation, Communication and Utilities Uses Airstrips age 4 of of 23

11 Development Review Staff Report Airports, general aviation Industrial Uses Composting, where such use was approved or lawfully established prior to March 1, 2003 Extensive impact industries Limited impact industries Mining Salvage yards Yard trash processing Yard trash processing on lots where such use was lawfully established prior to March 29, 2002 C A T Zoning District Min. Lot Area (sq. ft.) Min. Lot Width (ft) TABLE DEVELOMENT STANDARDS Max. Res. Density (upa) Max. Hotel Density (upa) Max. Building Coverage (%) Max. Height (ft)/(stories) Min. Open Space (%) A AR-5A 5 ac A RE-2A 2 ac Other Req. (footnote) TABLE STRUCTURE SETBACKS Front/by story (ft.) Rear/by story (ft.) Side/by story (ft.) C A T Zoning District A AR-5A A RE-2A Standards for Amendments to the Zoning Atlas 1. The Comprehensive Growth Management lan (CGM) requires that Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations pursuant to olicy 4.4A.1., CGM, Martin County, Fla. (2016). age 5 of of 23

12 Development Review Staff Report 2. The Martin County Land Development Regulations (LDR), Article 3, Section 3.2.E.1. provides the following Standards for amendments to the Zoning Atlas. The Future Land Use Map of the CGM (Comprehensive Growth Management lan) establishes the optimum overall distribution of land uses. The CGM also establishes a series of land use categories, which provide, among other things, overall density and intensity limits. The Future Land Use Map shall not be construed to mean that every parcel is guaranteed the maximum density and intensity possible pursuant to the CGM and these Land Development Regulations. All goals, objectives, and policies of the CGM shall be considered when a proposed rezoning is considered. The County shall have the discretion to decide that the development allowed on any given parcel of land shall be more limited than the maximum allowable under the assigned Future Land Use Category; provided, however, that the County shall approve some development that is consistent with the CGM, and the decision is fairly debatable or is supported by substantial, competent evidence depending on the fundamental nature of the proceeding. If upon reviewing a proposed rezoning request the County determines that the Future Land Use designation of the CGM is inappropriate, the County may deny such rezoning request and initiate an appropriate amendment to the CGM. 3. The Martin County Land Development Regulations (LDR), in Section 3.2.E.2., provides the following Standards for amendments to the Zoning Atlas. In the review of a proposed amendment to the Zoning Atlas, the Board of County Commissioners shall consider the following: a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive lan; and, The proposed RE-2A zoning district implements the proposed Rural Density future land use designation. lease see the staff reports for CA 17-3, Bridgewater reserve Future Land Use Map Amendment and CA 17-4, Bridgewater reserve text amendments. Those reports discuss compatibility and the availability of centralized water and sewer service. The RE-2A zoning district permits lot sizes of two acres and larger and will not be inconsistent with the existing plat of 36 lots that each have a minimum five acres. The existing 36 lot plat is permitted to receive centralized water and sewer service. The proposed text amendment CA 17-4 will permit water and sewer service concurrent with the Rural Density proposed by CA However, any increase in density above the 36 lots currently platted will require rezoning the property from RE-2A to a lanned Unit Development zoning district and a revising the master/final site plan and plat. Effectively, the existing site plan and plat cannot be changed from minimum five acre lots to minimum two acre lots consistent with the RE-2A zoning district. The site may develop with the existing 36 lots and centralized water and sewer or private wells and septic tanks. The alternative permitted by the proposed text amendment is to rezone the 215 acres to a lanned Unit Development zoning district, revise the site plan, revise the plat and connect all proposed lots to centralized water and sewer service. b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and, The proposed zoning district, RE-2A implements the proposed future land use designation. Any age 6 of of 23

13 Development Review Staff Report private development on the ±215 acres must comply with all applicable land development regulations and applicable policies of the Comprehensive Growth Management lan. c. Whether the proposed district amendment is compatible with the character of the existing land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and, The proposed zoning district, RE-2A, is compatible with the ennock reserve lanned Unit Development on the east half of Section 28, the wetland preserve to the north and the Town of Jupiter to the south. It may be less compatible with Jonathan Dickinson State ark and the Loxahatchee River to the west of the site. Any proposed subdivision must comply with olicy 9.1J.13. Intensity and density transition zones for development abutting conservation areas. d. Whether and to what extent there are documented changed conditions in the area; and, The construction of S.E. Island Way from Jupiter Indiantown Road through Section 28 along with subdivisions like ennock reserve provide documented changed conditions in the immediate area. e. Whether and to what extent the proposed amendment would result in demands on public facilities; and, The proposed amendment from AR-5A to RE-2A will not increase demands for public facilities such as road capacity. However, as discussed in paragraph a. above the RE-2A zoning district may be replaced in the near future with a lanned Unit Development zoning district which will result in additional demands on public facilities. lease see the staff reports for CA 17-3, Bridgewater reserve Future Land Use Map Amendment and CA 17-4, Bridgewater reserve text amendments. f. Whether and to what extent the proposed amendment would result in a logical, timely and orderly development pattern which conserves the value of existing development and is an appropriate use of the county's resources; and, The proposed amendment from AR-5A to RE-2A will not change the development pattern on the site. However, as discussed in paragraph a. above the RE-2A zoning district may be replaced in the near future with a lanned Unit Development zoning district which will encourage in-fill development comparable with the existing development on the east side of S.E. Island Way. g. Consideration of the facts presented at the public hearings. CA 17-3, and this concurrent rezoning have not been presented at a public hearings. The Local lanning Agency and the board of County Commissioners discussed the proposed density increase in CA 17-3 and the proposed text amendment in CA lease see those staff reports and the meeting minutes. C. Staff recommendation The specific findings and conclusion of each review agency related to this request are identified in Sections F through T of this report. The rezoning process does not include a site plan review; therefore departments related to site plan review were not included in this rezoning staff report. The current review status for each agency is as follows: age 7 of of 23

14 Development Review Staff Report Section Division or Department Reviewer hone Assessment F Comprehensive lan Clyde Dulin ending adoption of CA G Development Review Clyde Dulin ending S County Attorney Krista Storey Review Ongoing T Adequate ublic Facilities Clyde Dulin Exempt The choice of the most appropriate district for the subject property is a policy decision the Local lanning Agency (LA) and the Board of County Commissioners (BCC) is asked to consider based on the standards for amendments to the zoning atlas provided in Section 3.2.E.1., Land Development Regulations (LDR), Martin County Code (MCC). D. Review Board action A review and recommendation is required on this application from the Local lanning Agency (LA). Final action on this application is required by the Board of County Commissioners (BCC). Both the LA and the BCC meetings must be advertised public hearings. E. Location and site information Location: The west side of S.E. Island Way, just north of the alm Beach/Martin County line arcel number(s) arcel Control Number Address S.E. Old Cypress Not assigned Not assigned Not assigned SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Stockbridge Dr. age 8 of of 23

15 Development Review Staff Report SE Stockbridge Dr SE Stockbridge Dr SE Stockbridge Dr SE Turnbridge Dr SE Turnbridge Dr SE Turnbridge Dr SE Turnbridge Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr SE Bridgewater Dr ROW Existing zoning: AR-5A Future land use: Agricultural Ranchette Commission district: 3 Community redevelopment area: N/A Municipal service taxing unit: District 3 MSTU lanning area: South County F. Determination of compliance with Comprehensive Growth Management lan requirements - Growth Management Department Unresolved issues: Item #1: Compatibility with the Future Land Use Map. The Growth Management Department staff has reviewed the application and finds it does not comply with the existing future land use designation and the staff recommendation for a proposed change to the Future Land Use Map. Should the proposed change to the Future Land Use Map be adopted, the proposed RE-2A zoning district would correctly implement the Rural Density designation. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Unresolved issues: No site plan has been proposed. See Section F. above. Additional Information: Changes to the zoning atlas do not authorize any development activity. Criteria associated with this area of review are applied in conjunction with site plan review processes. Any specific department issues will be addressed at such time as development of the subject site is proposed. H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department age 9 of of 23

16 Development Review Staff Report See above statement. I. Determination of compliance with the property management requirements Engineering Department See above statement. J. Determination of compliance with environmental and landscaping requirements - Growth Management Department See above statement. K. Determination of compliance with transportation requirements - Engineering Department See above statement. L. Determination of compliance with county surveyor - Engineering Department See above statement. M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department See above statement. N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments See above statement. O. Determination of compliance with utilities requirements - Utilities Department See above statement.. Determination of compliance with fire prevention and emergency management requirements Fire Rescue Department See above statement. Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department See above statement. R. Determination of compliance with Martin County Health Department and Martin County School Board lease see staff reports for CA 17-3 and S. Determination of compliance with legal requirements - County Attorney's Office Review is ongoing. T. Determination of compliance with the adequate public facilities requirements - responsible departments The review for compliance with the standards for a Certificate of Adequate ublic Facilities Exemption for development demonstrates that no additional impacts on public facilities were created in accordance with Section 5.32.B., LDR, Martin County, Fla. (2016). Exempted development will be treated as committed development for which the County assures concurrency. age 10 of of 23

17 Development Review Staff Report Examples of developments that do not create additional impact on public facilities include: A. Additions to nonresidential uses that do not create additional impact on public facilities; B. Changes in use of property when the new use does not increase the impact on public facilities over the pre-existing use, except that no change in use will be considered exempt when the preexisting use has been discontinued for two years or more; C. Zoning district changes to the district of lowest density or intensity necessary to achieve consistency with the Comprehensive Growth Management lan; D. Boundary plats which permit no site development. U. ost-approval requirements There is no current proposal for development on the site. Approval of a development order would be conditioned upon an applicant s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including fees, within sixty (60) days of the final action granting approval. Item #1: ost Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Item #2: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. V. Local, State, and Federal ermits No Local, State and Federal ermits are applicable to a rezoning action which does not permit any development activities. W. Fees ublic advertising fees for the development order will be determined and billed subsequent to the public hearing. Fees for this application are calculated as follows: Fee type: Fee amount: Fee payment: Balance: Comprehensive lan Amendment and Zoning Amendment fee: $ $ $0.00 Advertising fees*: TBD Recording fees**: TBD * Advertising fees will be determined once the ads have been placed and billed to the County. ** Recording fees will be identified on the post approval checklist. X. General application information age 11 of of 23

18 Development Review Staff Report Applicant and roperty Owner: Agent for the Applicant: Bridgewater Ventures, LLC. Christopher Cline 3801 GA Boulevard, Suite 903 alm Beach Gardens, FL Morris A. Crady, AIC Lucido & Associates 701 E. Ocean Blvd. Stuart, FL Y. Acronyms ADA... Americans with Disability Act AHJ... Authority Having Jurisdiction ARD... Active Residential Development reference BCC... Board of County Commissioners CGM... Comprehensive Growth Management lan CIE... Capital Improvements Element CI... Capital Improvements lan FACBC... Florida Accessibility Code for Building Construction FDE... Florida Department of Environmental rotection FDOT... Florida Department of Transportation LDR... Land Development Regulations LA... Local lanning Agency MCC... Martin County Code MCHD... Martin County Health Department NFA... National Fire rotection Association SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement Z. Attachments Figure 4, Excerpt from the Zoning Atlas. Draft Rezoning Resolution age 12 of of 23

19 Martin County CA 17-3, Bridgewater reserve Figure 4, Zoning Map Jonithan Dickinson State ark Loxahatchee River Not part of Bridgewater reserve Legend <all other values> LI (Limited Industrial District) R-3 (Multi-Family Residential) A-1 (Small Farms) LI-1 (Limited Industrial District) R-3A (Liberal Multi-Family) A-1A (Agricultural) M-1 (Industrial ) R-3B (Multi-Family Residential) Section 28 A-2 (Agricultural ) A-3 (Conservation) M-2 (Industrial) M-3 (Industrial) R-4 (Multi-Family Residential) R-5 (Multi-Family Med. Density) AG-20A (General Agricultural District) MH- (Mobile Home ark District) RE-1/2A (Residential Estate District) Bridgewater reserve AR-10A (Agricultural Ranchette District) AR-5A (Agricultural Ranchette District) B-1 (Business) B-2 (Business Wholesale) MH-S (Mobile Home Subdivision District) Ocean Breeze AF (ublic Airport Facilities District) C (ublic Conservation District) RE-1A (Residential Estate District) RE-2A (Rural Estate District) RM-10 (High Density Residential District) RM-3 (Low Density Residential District) SE Island Way B-3 (Rural Business) CC (Community Commercial District) R (ublic Recreation District) S (ublic Servicing District) RM-4 (Low Density Residential District) RM-5 (Low Density Residential District) COR-1 (Commercial Office/Residential District) S-1 (ublic Service District) RM-6 (Medium Density Residential District) COR-2 (Commercial Office/Residential District) S-2 (ublic Service District) RM-8 (Medium Density Residential District) E (Estates and Suburban Homes District) UD RS-10 (High Density Residential District) E-1 (Estates and Suburban Homes District) GC (General Commercial District) GI (General Industrial District) HB-1 (Limited Business) HB-1A (Hotel & Motel) HB-1AA (Hotel & Motel) UD-C (Commercial) UD-I (Industrial) UD-MH (Mobile Home) UD-R (Residential) UD-WJ (UD West Jensen) R-1 (Single-family Residential District) RS-3 (Low Density Residential District) RS-4 (Low Density Residential District) RS-5 (Low Density Residential District) RS-6 (Medium Density Residential District) RS-8 (Medium Density Residential District) RS-BR3 HI (Heavy Industrial District) R-1A (Single-family Residential District) RT (Mobile Home Subdivision District) HR-1 (Single-family Residential District) R-1B (Single-family Residential District) SY (Salvage Yard) HR-1A (Single-family Residential District) R-1C (Single-family Residential District) Sewalls oint HR-2 (Multi-Family Residential) R-2 (Single-family Residential District) Stuart HR-2A (Multi-Family Dwelling) R-2A (Two-Family Residential District) T (Mobile Home ark District) IZ - Interim Zoning R-2B (Single-family Residential District) WE-1 (Waterfront Estates District) Town of Jupiter alm Beach County Jupiter Island LC (Limited Commercial District) R-2C (Single-family Residential District) R-2T (Single-family Residential District) WGC (Waterfront General Commercial District) WRC (Waterfront Resort Commercial District) "This Geographic Information System Map roduct, received from Martin County ("COUNTY") in fullfillment of a public records request is provided "as is"without warranty of any kind, and the COUNTY expressly disclaims all express and implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The COUNTY does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the information provided to you by the COUNTY in terms of correctness, accuracy, reliability, timeliness or otherwise. The entire risk as to the results and performance of any information obtained from the COUNTY is entirely assumed by the recipient. Created by: C.Dulin lot Date: March 5, 2017 roject File T:gmd\div_comp_plan\cpas\cpa16.17\ CA_ ,200 2,400 3,600 4,800 Feet 19 of 23

20 repared By: Clyde Dulin Martin County Growth Management Department 2401 S.E. Monterey Road Stuart, FL [space above line provided for recording data] BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER 17- A RESOLUTION OF MARTIN COUNTY, FLORIDA, REGARDING AN ALICATION BY BRIDGEWATER VENTURES LLC, TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM AR-5A (AGRICULTURAL RANCHETTE DISTRICT) TO RE-2A (RURAL ESTATE DISTRICT), ON ±215 ACRES LOCATED ON THE WEST SIDE OF S.E. ISLAND WAY JUST NORTH OF THE ALM BEACH/MARTIN COUNTY LINE. WHEREAS, this Board has made the following determinations of fact: 1. Bridgewater Ventures, LLC submitted an application for a change in zoning district classification from AR-5A (Agricultural Ranchette District) to RE-2A (Rural Estate District) for the property described in Exhibit A, attached hereto. 2. The Local lanning Agency heard the application at a public hearing on March 16, 2017 and recommended its approval to the Board of County Commissioners. 3. This Board has considered such recommendations. 4. Upon proper notice of hearing this Board held a public hearing on the application on July 25, At the public hearing, all interested parties were given an opportunity to be heard. 6. All conditions precedent to granting the change in zoning district classification have been met. 7. The rezoning approved herein is consistent with the Martin County Comprehensive Growth Management lan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: A. The zoning district classification of the property described in Exhibit A is hereby changed from AR-5A (Agricultural Ranchette District) to RE-2A (Rural Estate District). B. ursuant to Section 5.32.B.3.f., Land Development Regulations, Martin County Code, this rezoning action is hereby determined to meet the requirements for a Certificate of ublic Facilities Exemption. C. ursuant to Section 14.1C.5.(2), Comprehensive Growth Management lan, Martin County Code, regarding preliminary development approvals, the property described in Exhibit A is subject to a determination of level of service capacity at final site plan 20 of 23 age 1 of 4

21 approval and no rights to obtain final development orders, nor any other rights to develop the subject property have been granted or implied by this Board. D. The effective date of this resolution, if Comprehensive lan Amendment 17-3, Bridgewater reserve, is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If Comprehensive lan Amendment 17-3 is timely challenged, this resolution shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining Comprehensive lan Amendment 17-3 to be in compliance. No development orders, development permits, or land uses dependent on Comprehensive lan Amendment 17-3 may be issued or commence before Comprehensive lan Amendment 17-3 becomes effective. If a final order of noncompliance is issued by the Administration Commission, Comprehensive lan Amendment 17-3 may nevertheless be made effective by adoption of a resolution affirming its effective status. E. This resolution shall be recorded in the public records of Martin County. A copy of this resolution shall be forwarded to the applicant(s) by the Growth Management Department subsequent to recording. DULY ASSED AND ADOTED THIS 25 th DAY OF JULY, ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT AND COMTROLLER BY: DOUG SMITH, CHAIRMAN AROVED AS TO FORM & LEGAL SUFFICIENCY: BY: SARAH WOODS COUNTY ATTORNEY 21 of 23 age 2 of 4

22 EXHIBIT A BRIDGEWATER RESERVE LEGAL DESCRITION A ARCEL OF LAND LYING IN THE WEST ONE-HALF OF SECTION 28, TOWNSHI 40 SOUTH, RANGE 42 EAST, MARTIN COUNTY, FLORIDA, BEING MORE ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF SAID SECTION 28; SAID SOUTHEAST CORNER BEING THE SOUTH ONE-QUARTER OF SECTION 28; THENCE NORTH WEST, ALONG THE SOUTH LINE OF THE WEST ONE-HALF OF SAID SECTION 28, A DISTANCE OF FEET FOR A OINT OF BEGINNING; THENCE CONTINUE NORTH WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 2, FEET TO THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE NORTH WEST, ALONG THE WEST LINE OF SAID SECTION 28, A DISTANCE OF 2, FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 28; THENCE NORTH WEST, CONTINUING ALONG THE WEST LINE OF SAID SECTION 28, A DISTANCE OF 1, FEET; THENCE DEARTING SAID WEST LINE AND ALONG THE FOLLOWING 63 COURSES ALONG THE SOUTHERLY BOUNDARY OF THE LANDS DESCRIBED IN EXHIBIT B AND RECORDED IN OFFICIAL RECORDS BOOK 1785, AGE 546, UBLIC RECORDS, MARTIN COUNTY, FLORIDA: THENCE SOUTH EAST, DEARTING SAID WEST LINE, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THEN NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE NORTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FFET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE NORTH WEST, A DISTANCE OF FEET; THENCE NORTH WEST, A DISTANCE OF FEET; THENCE NORTH WEST, A DISTANCE OF FEET; THENCE NORTH WEST, A DISTANCE OF 22 of 23 age 3 of 4

23 40.84 FEET; THENCE NORTH WEST, A DISTANCE OF FEET; THENCE NORTH WEST, A DISTANCE OF FEET TO THE OINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF , A DISTANCE OF FEET TO THE OINT OF TANGENCY; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET TO THE OINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF , A DISTANCE OF FEET TO THE OINT OF TANGENCY; THENCE NORTH EAST, A DISTANCE OF FEET TO THE OINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF , A DISTANCE OF FEET TO THE OINT OF TANGENCY; THENCE NORTH EAST, A DISTANCE OF 9.51 FEET; THENCE SOUTH EAST, A DISTANCE OF FEET; THENCE SOUTH EAST, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE EAST LINE OF THE WEST ONE-HALF OF SAID SECTION 28; THENCE SOUTH WEST, DEARTING SAID SOUTHERLY BOUNDARY, A DISTANCE OF 1, FEET TO A OINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1, FEET AND WHOSE RADIUS OINT BEARS SOUTH EAST; SAID OINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF S.E. ISLAND WAY (A 60 FOOT ROAD RIGHT-OF-WAY); THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF , A DISTANCE OF FEET TO THE OINT OF TANGENCY; THENCE SOUTH WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF FEET TO THE OINT OF BEGINNING. LESS AND EXCET TRACT RW (0.08 ACRES OF ADDITIONAL RIGHT-OF-WAY FOR S.E. ISLAND WAY) AS SHOWN ON THE LAT OF BRIDGEWATER RESERVE, RECORDED IN LAT BOOK 16, AGE 33, UBLIC RECORDS OF MARTIN COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS 23 of 23 age 4 of 4