BAYLEY PRODUCTS INC. REZONING

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{ MARTIN COUNTY, FLORIDA DEVELOMENT REVIEW STAFF REORT A. Application Information BAYLEY RODUCTS INC. REZONING Applicant: Bayley roducts Inc. roperty Owner: Bayley roducts Inc. Agent for the Applicant: Larry Crary, Crary Buchanan County roject Coordinator: Deanna Freeman, rincipal lanner Growth Management Director: Nicki van Vonno, AIC (Recused) Assistant County Administrator: Roger Baltz roject Number: S242-002 Application Type and Number: D003 201400026 Report Number: 2014_0404_S242-002_Bayley roducts Inc Rezoning Application Received: 02/04/2014 Transmitted: 02/06/2014 Staff Report Draft: 04/11/2014 Report Release Joint Workshop 05/29/2014 (Staff report has been on hold as per applicant/agent instruction to allow them time to work with third parties. Received applicant/agent request to issue the report 5-29-2014). B. roject description and analysis This is an application for a proposed amendment to the County Zoning Atlas for a propoerty with a commercial district designation (Section 3.2.E, LDR). The subject property is located at 3585 SE St. Lucie Boulevard and is the Sailfish Marina facility. The zoning change has been requested to address an existing inconsistency between the future land use designation and the zoning district. Any proposal which triggers the need for a development application, requires consistency between the land use designation and zoning district as part of the review and approval process. The marina has a Marine Waterfront Commercial land use designation on the Future Land Use Map (FLUM), of the County s Comprehensive Growth Management lan (CGM). The current zoning on the property is R-3A, Liberal Multiple Family District. The R-3A zoning district was created in 1967 as a part of the County s original zoning regulations and was carried over to the current Article 3, Zoning Districts, Land Development Regulations (LDR), Martin County Code, as a Category C district. Category C districts are intended to be used until a rezoning to a Category A district is needed or required to accommodate changes to the existing structures and uses on the property. The Category A districts were created to implement the land use policies included in the Comprehensive Growth Management lan, Goal 4.4 and Objectives 4.4A. and 4.4A.1. The applicant is requesting the property be rezoned to WRC, Waterfront Resort Commercial to bring the zoning into compliance with the Marine Waterfront Commercial Future Land Use designation.

Article 3.10B provides two appropriate zoning districts available to implement the Marine Waterfront Commercial future land use classification. They include the WRC, Waterfront Resort Commercial District or WGC, Waterfront General Commercial. olicy 4.13A.8.1 (4) of the CGM requires at a minimum active marinas and property zoned WGC, be identified as Marine Service Areas. The Sailfish Marina is included on the maps prepared by the Growth Management Department as a Marine Service Area, without a WGC zoning designation. The property is also identified as a preferred location for boating activities, in the Martin County Boat Facility Siting lan, approved in 2002. The intent of Boat Facility Siting lan is to preseve the properties identified as most suitable for boating activities in efforts to reduce the number of manatees injured or killed by such vessels. Any zoning change request would not superceed or replace the intent of the CGM to retain active marinas within the County and attempts to safeguard manatees. The request to amend the zoning designation on the property has been triggered by the applicants development proposal to accommodate a 120 foot tall stealth wireless telecommunications facility at the marinia. The review and possible approval of the revised major master/final site plan to accommodate a tower is required to be consistent with Article 4, Division 18 Wireless Telecommunications [LDR]. A rezoning to WRC or WGC relates to the CGM requirement for land use and zoning consistency. Telecommunication towers are regulated by Division 18 of the LDR regardless of the zoning district designation afforded to the property. The zoning district designation is required to be consistent with the future land use and receive final action as it to pertains to the revised major/master Final Site lan. Members of the public have provided Staff with copies of several documents which they believe are relevant to the allowable uses on the property. Those documents are: 1) a 1985 Circuit Court Order and attached 1984 Settlement Agreement, and a 1988 Circuit Order issued in reference to Case Nos. 81-1181 CA and 84-398 CA; and 2) a copy of a 1991 Settlement Agreement in reference to Case No. 88-82 CA. The documents are currently under review by Staff. In addition, Staff has asked the applicant to review the documents and provide its assessment regarding the applicability of the documents to the proposed project. Analysis of the Martin County Code rovisions Code provisions applied during the review and approval of telecommunications towers are included in Article 4, Division 18, of the LDR. Section 4.795 of the LDR confirms the location of telecommunication towers on property with a Waterfront Commercial Future Land Use may be proposed on such property. The review and approval of the proposed tower requires the applicant to submit a revised Major Master/Final Site lan as per Section 4.793 of the LDR. The applicant has requested a zoning change on the entire Sailfish Marina property. Such a consideration requires an analysis of the zoning district options available, with a comparison of the permitted uses and development standards. It is important to note that a telecommunication tower is not called out in the permitted use or development standards tables. Division 18 of the LDR provides all of the specific parameters for the applicant to demonstrate compliance, prior to the approval of any master/final site plan proposal. age 2 of 16

The following is an extract of Article 3, Division 2, of the LDR. It is intended to illustrate the list of permitted uses available on property zoned WRC or WGC. Table 3.11.2 ermitted Uses Category A Non-residential Districts Use Category WRC WGC Residential uses Accessory dwelling units Apartment hotels Modular homes Multi-family dwellings Single-family detached dwellings Townhouse dwellings Duplex dwellings Zero lot line single-family dwellings ublic & institutional Uses Administrative services, not-for-profit Community centers Cultural or civic uses Educational institutions Neighborhood assisted residences with 6 or fewer residents Use Category WRC WGC rotective and emergency services ublic parks and recreation areas, active ublic parks and recreation areas, passive Recycling drop-off centers Utilities Commercial and Business Uses Business and professional offices Commercial amusements, indoor Commercial amusements, outdoor Commercial day care Hotels, motels, resorts and spas Limited retail sales and services Marinas, commercial Marine education and research Recreational vehicle parks Restaurants, convenience, without drive-through facilities Restaurants, general Trades and skilled services Wholesale trades and services Industrial uses Extensive impact industries Limited impact industries Life Science, Technology and Research (LSTAR) Uses Marine Research Targeted Industries Business (TIB) Uses Marine and marine related manufacturing age 3 of 16

The following is an extract of Article 3, Division 2, of the LDR also includes development standards for property zoned WRC and WGC. Staff also included the provisions included in Article 3, Division 7 as they relate to the R-3A, Category C zoning district. A comparison of the requirements afforded to each zoning district designation is a factor in the rezoning of the property to a Category A zoning district. Table 3.12.1 DEVELOMENT STANDARDS C A T Zoning District Min. Lot Area (acres) Min. Lot Width (ft) Max. Res. Density (upa) Max. Hotel Density (upa) Max. Building Coverage (%) Max. Height (ft)/(stories) Min. Open Space (%) Other Req. (footnote) A WRC 10,000 80 10.00 20.00 50 30 30 -- A WGC 10,000 80 -- -- 50 40 30 -- C R-3A 7,500 60 -- 15 30 40 -- -- C A T Front/by story (ft.) Table 3.12.2 STRUCTURE SETBACKS Rear/by story (ft.) Side/by story (ft.) Zoning District 1 2 3 4 1 2 3 4 1 2 3 4 Corner A WRC 25 25 25 25 20 20 20 20 10 10 10 10 -- A WGC 25 25 25 25 20 20 20 20 10 10 10 10 -- C R-3A 20 25 30 35 6 10 15 20 6 10 15 20 -- Category C, R-3A, Liberal Multiple-Family District Requirements Section 3.407. R-3A Multiple-Family District Requirements 3.407.A Uses permitted. In this district, a building or structure or land shall be used for only the following purposes subject to any additional limitations pursuant to section 3.402: 1. Any uses permitted in the R-3 Multiple-Family Residential District. 2. Restaurants and/or lunchrooms, not the drive-in type, with an enclosed seating capacity of ten persons or more. 3. Beauty parlors and barbershops. 4. Dry cleaning and laundry pickup stations. 5. Fire stations. 6. Boat docks and dry and wet storage facilities under cover, and facilities for maintenance and repairs of boats or yachts, upon submission of plans for review and approval of the planning and zoning board. age 4 of 16

7. Mobile home and travel trailer sales. 8. Gasoline or other motor fuel stations, provided all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property lines. 9. rofessional and business offices. 10. Retail stores. Section 3.406. R-3 Multiple-Family Residential District 3.406.A. Uses permitted. In this district, a building, structure or land shall be used for only the following purposes subject to any additional limitations pursuant to section 3.402: 1. Any use permitted in the HR-1, R-1, R-1A, R-1B, R-2, R-2B, R-2A and HR-2 Districts. 2. Multiple-family dwellings. 3. Apartments, hotels, motels, cottage courts. 4. Rooming houses and boardinghouses. 5. Clinics, except animal hospitals. 6. Hospitals and sanitariums, except mental hospitals. 7. Tourist homes. 8. Colleges, clubs, lodges, social and community center buildings and/or structures. 9. Restaurants, not the drive-in type, with an enclosed seating capacity of 40 persons or more. 10. Commercial television receiving towers and antennas. Commercial radio and/or television transmitting station towers, poles, masts, antennas, power plants and other incidental and usual structures pertaining to such stations. All structures and attachments thereto and appurtenances thereof shall comply with all applicable requirements of the Federal Communications Commission and the Civil Aeronautics Board and/or Authority. Towers, poles, masts and antennas shall be designed and stamped by a registered engineer or architect to assure the structure, masts, etc., will withstand hurricane force winds. 11. Signs appertaining to the above uses. 12. Boat docks and service facilities generally used in connection with sport fishing, excluding any major overhaul or repairs. 13. Funeral homes, mortuaries and morgues. Standards for Amendments to the Zoning Atlas 1. In reviewing the proposal for a requested zoning change from R-3A to WRC on the property, staff is governed by policy provisions included in the Comprehensive Growth Management lan and the Land Development Regulations. The Comprehensive Growth Management lan (CGM) states in Goal 4.4. To eliminate or reduce uses of land that are inconsistent with community character or desired future land uses. Objective 4.4A. To eliminate inconsistencies between the FLUM and the zoning maps and regulations. age 5 of 16

olicy 4.4A.1. Rezoning. Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations by the following means: (2) roperty owners seeking master or final site plan approval shall be required to rezone to the most appropriate zoning district in the most recently adopted Land Development Regulations. 2. The Martin County Land Development Regulations (LDR), in Section 3.2 E.1. provide 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 subject property is designated Marine Waterfront Commercial on the Future Land Use Map (FLUM) of the Comprehensive Growth Management lan (CGM). Marine Waterfront Commercial areas have been designated as lands that may accommodate marine resort, marina and water related services along highly accessible waterfront sites. The zoning implementation policies and requirements are contained in Article 3, Zoning Regulations, Land Development Regulations, Martin County Code. ursuant to Article 3 there are two (2) appropriate zoning districts that are available to implement the Marine Waterfront Commercial future land use classification. The WRC, Waterfront Resort Commercial District and the WGC, Waterfront General Commercial District are the two zoning districts that are compatible with the Marine Waterfront Commercial Future Land Use. roperty with a Marine Waterfront Commercial Future Land Use is also governed by CGM policy 4.13A.8.(4) and the designation active marinas as Marine Service Areas. This additional element of the CGM is in place to provide additional safeguards to prevent the age 6 of 16

loss of active existing marinas within Martin County. A rezoning of the property to WRC, Waterfront Resort Commercial would not replace or effect the applicant s requirement to adhere to the Marine Service Area designation. An alternative option the BCC may consider is to request the applicant rezone the development site, which is a small leasable tract of Sailfish Marina. In doing so the property owner will be able to potentially accommodate the telecommunication tower proposal without opening up the entire site to the scrutiny of what may be considered an acceptable zoning district. This alternative would also be considered to the consistent with the provisions of the CGM. b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and, A rezoning of the property to a WRC or WGC zoning district would be consistent with the provisions of CGM and its implementation of the Marine Waterfront Commercial future land use designation. Article 3 regulations were created to implement the land use policies of the CGM. An action by the Board of County Commissioners to select either of these two zoning districts would be consistent with the policies of the CGM and the requirements of Article 3. An addition provision included in Section 3.80 of the LDR is relevant in consideration of the rezoning of the Sailfish Marina property to WRC, to accommodate the applicant s request. Should the applicant seek to undertaken any additional activities which may trigger additional revisions to the final site plan, the restrictions place on properties zoned WRC, would be applicable in consideration of such a development proposal. A specific restriction included in Section 3.80.E the applicant should be aware of is that no repairs or watercraft or marine accessories are permitted other than for emergency purposes. With respect to the other Land Development Regulation requirements related to the telecommunications proposal, roads, drainage, environmental protection, utilities, emergency services, landscaping, etc., full compliance cannot be assessed until a specific plan has been selected for the property and an application is submitted to the County. The granting of a zoning change by the County does not exempt the applicant from any of the County s Land Development Regulations. The applicant must demonstrate full compliance with all regulations prior to any approval action taken by the County. 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, A proposal is being considered concurrently for a 120 high telecommunications tower on a small leasable area of the 2.17 acre parent tract. The requested zoning change incorporates the entire Sailfish Marina. Consideration of the suitability of either of the two zoning districts and the list of permitted uses and development standards pertaining to each is required to extend beyond the lease area of the telecommunications proposal. The subject property is an established active commercial marina. Uses include boat storage, a commercial marina repair facility and small convenience store on property located in a age 7 of 16

suburban area of eastern Martin County. The surrounding area includes a commercial marina/boat storage facility to the north (also owned by the applicant), Mariner Cay residential subdivision and a tennis court to the south, Manatee ocket to the east, and the Yacht and County Club of Stuart residential properties to the west of SE St Lucie Boulevard. The subject property, marina to the north and the Mariner Cay Yacht Club subdivision is currently zoned R-3A, Liberal Multiple Family. Should any of the property owners seek approval for development which triggers a development application, a mandatory zoning change may also be required on these properties. The peculiarity of the zoning district therefore extends to the properties to the north and south of the proposal site, which shares the old category C designation. Consideration of the permitted uses afforded to the WGC and WRC zoning districts is an important factor in the analysis. The permitted uses afforded to a property zoned WGC, included extensive and limited impact industries and wholesale trades and services, raise a potential issue with regards to the proximity of existing single family residential development to the south and west of the proposal site. The repair, maintenance and storage of boats are currently undertaken primarily within the existing buildings on site. Such activities are permitted under the provisions of WGC and WRC, with the latter having the additional criteria included in Section 3.80.E of the LDR, namely restricting activities to the emergency repair of boats and equipment. An alternative option may also be considered to rezone a portion of the property to WRC or WGC only to the lease area identified as where the telecommunications tower will be situated. The remainder of the property would then continue to operate as an active marina under the provisions of the R-3A zoning district. If the applicant were to seek additional activities that may trigger a development application, a mandatory rezoning would be required for the entire property. Restricting the extent of area to be rezoned may provide the safeguards and reassurances residents situated to the south have sought in relation to any zoning change being undertaken on the property, while accommodating the proposal for a telecommunication tower. d. Whether and to what extent there are documented changed conditions in the area; and, The subject property has been a commercial marina for several decades. Immediately abutting the proposal site, to the north, is an existing commercial marina that has been in existence for over forty years, and is owned by the applicant. The residential development situated to the south and west of the property consists of single family residential development has also been in existence for several decades as the Yacht and Country Club of Stuart and Mariner Cay. The pattern in this area of Martin County has therefore been well established with commercial marinas and single family residential development for many years. e. Whether and to what extent the proposed amendment would result in demands on public facilities; and, The subject property is located within the rimary Urban Services District of the County. As such, the full range of urban services at service levels established by the CGM is available or must be made available for any uses that are planned for the property. Water and wastewater services to the site are currently provided by Martin County Utilities, the regional age 8 of 16

service provided for this area of the County. 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, Rezoning the property to WRC or WGC would provide a zoning designation consistent with the Marine Waterfront Commercial future land use designation. The pattern of development is stable, integrated and has been well established over many years, and may continue in a similar pattern should the zoning map be amended to accommodate a change to WRC, Waterfront Resort Commercial or WGC, Waterfront General Commercial. The designation of the property as a Marine Service area and a preferred location for boating activities, in the Martin County Boat Facility Siting lan, approved in 2002, is an attempt to safeguard and conserve the Sailfish Marina property as an active commercial marina. Should the applicant agree to a rezoning of only the lease area the subject of a telecommunciations tower proposal, this may provide additional assurances for residents situated to the south at the Marine Cay subdivision. Retaining an zoning designation of R-3A on the remainder of the Sailfish Marina property, other than the telecoms lease area, would not hinder existing operations undertaken on the property. g. Consideration of the facts presented at the public hearings. The subject application requires two public hearings before the Local lanning Agency, who will make a recommendation on the request, and the Board of County Commissioners, who will take final action on the request. The hearings will provide the public an opportunity to participate in the review and decision making process. 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 current review status for each agency is as follows: Section Division or Department Reviewer hone Assessment F Comprehensive lan Deanna Freeman 219-4923 Comply F ARD Samantha Lovelady 288-5664 N/A G Development Review Deanna Freeman 219-4923 Comply H Urban Design Edward Erfurt 288-5908 N/A H Community Redevelopment Edward Erfurt 288-5908 N/A I roperty Management Jeffrey Dougherty 288-5793 N/A J Environmental Shawn Mccarthy 288-5508 N/A J Landscaping Darryl DeLeeuw 221-1317 N/A K Transportation Bonnie ointer 288-5927 N/A L County Surveyor Michael O Brien 288-5418 N/A M Engineering Aaron Stanton 288-5512 N/A N Addressing Emily Kohler 288-5692 N/A N Electronic File Submission Emily Kohler 288-5692 N/A O Water and Wastewater James Christ 320-3034 N/A O Wellfields James Christ 320-3034 N/A age 9 of 16

Fire revention Doug Killane 288-5633 N/A Emergency Management Martha Beaudoin 219-4941 N/A Q ADA Bob Steiner 221-1396 N/A R Health Department Robert Washam 221-4090 N/A R School Board Boyd Lawrence 219-1200 N/A S County Attorney Krista Storey 288-5443 ending T Adequate ublic Facilities Deanna Freeman 219-4923 Exempt The Local lanning Agency (LA) is advised that there are no unresolved issues associated with this application. The application is in order and qualifies for consideration before the LA and final action before the Board of County Commissioners (BCC). D. Review Board action Review of this application is required by the Local lanning Agency (LA) and final action on this application is required by the Board of County Commissioners (BCC). All meetings before the LA and BCC must be advertised public hearings. E. Location and site information arcel number(s) and address: 0000 3585 SE St Lucie Blvd Existing Zoning: R-3A, Liberal Multi-Family Future land use: FLU-CW, Future Land Use Commercial Waterfront Census tract: 0013 Tract Commission district: 2 Community redevelopment area: Not Applicable Municipal service taxing unit: District 2 lanning area: t Salerno / 76 Corr Storm surge zone: Category 1 Surge Zone Taxing district: District E Traffic analysis zone: 25 age 10 of 16

Current use of the subject site and surrounding uses: Subject Site: North: South: East: West: Commercial Marina Commercial Marina Mariner Cay Residential Units Manatee ocket SE St Lucie Blvd Yacht & Country Club of Stuart Residential Units Current Zoning of the roperty and surrounding area: age 11 of 16

Future Land Use on the roperty and Surrounding Area F. Determination of compliance with Comprehensive Growth Management lan requirements - Growth Management Department Findings of Compliance: The Growth Management Department Development Review Division staff has reviewed the application and finds it in compliance with the applicable regulations. There are no unresolved Comprehensive Growth Management lan requirement issues associated with this application. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Additional Information: Notice Of A ublic 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 300 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 600 feet. In addition, notice shall be mailed to all homeowner associations, condominium associations and the owners of each condominium unit within the notice area. [Section 10.6.E.1., LDR, MCC] age 12 of 16

H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department I. Determination of compliance with the property management requirements Engineering Department J. Determination of compliance with environmental and landscaping requirements - Growth Management Department K. Determination of compliance with transportation requirements - Engineering Department L. Determination of compliance with county surveyor - Engineering Department M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments O. Determination of compliance with utilities requirements - Utilities Department. Determination of compliance with fire prevention and emergency management requirements Fire Rescue Department Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department age 13 of 16

R. Determination of compliance with Martin County Health Department and Martin County School Board S. Determination of compliance with legal requirements - County Attorney's Office The County Attorney s Office review remains pending until the LA and BCC action has been made through the ublic Hearing process. They continue to support the development review staff in their review and processing of the applicant s request to rezone the property. T. Determination of compliance with the adequate public facilities requirements - responsible departments The following is a summary of the review for compliance with the standards contained in Article 5.32.D of the Adequate ublic Facilities Exemption, for development and alterations or expansions to approved developments that do not create additional impacts on public facilities: otable water facilities (Section 5.32.D.3.a, LDR) Service provider - Martin County Findings - Exempt Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities (Section 5.32.D.3.b, LDR) Service provider - Martin County Findings - Exempt Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Solid waste facilities (Section 5.32.D.3.c, LDR) Findings - Exempt Source - Growth Management Department Stormwater management facilities (Section 5.32.D.3.d, LDR) Findings - Exempt Source - Engineering Department Reference - see Section M of this staff report Community park facilities (Section 5.32.D.3.e, LDR) Findings - Exempt Source - Growth Management Department Roads facilities (Section 5.32.D.3.f, LDR) Findings - Exempt Source - Engineering Department Reference - see Section K of this staff report ublic safety facilities (Section 5.32.D.3.h, LDR) Findings - Exempt Source - Growth Management Department Reference - see Section of this staff report ublic school facilities (Section 5.32.D.3.i, LDR) Findings - Exempt Source - Growth Management Department Reference - see Section R of this staff report age 14 of 16

Development that does not create additional impact on public facilities includes: A. Additions to nonresidential uses that do not create additional impact on public facilities. B. Changes in use of property when the new uses do 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; Exempted development will be treated as committed development for which the County assures concurrency. U. ost-approval requirements Approval of the development order is conditioned upon the applicant s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including unpaid fees, within sixty (60) days of the final action granting approval. Item #1: Item #2: 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. 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. 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: Application review fees: $500.00 $500.00 $0.00 Advertising fees*: TBD Recording fees**: TBD Mandatory impact fees: N/A Non-mandatory impact fees: N/A * 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. age 15 of 16

W. General application information Applicant: Agent: Bayley roducts Inc Butch Bayley 3565 SE St Lucie Blvd Stuart, FL 34997-5433 Larry Crary, Crary Buchanan. 759 S Federal Hwy, Suite 106, Stuart, FL 34996 772 287 2600 X. 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 Y. Attachments Application information provided by the applicant Third party legal documentation provided by adjacent residents at Mariner Cay age 16 of 16