BEFORE THE BOARD OF COUNTY COLWISSIONERS
MARTIN COUNTY, FLORIDA
ORDINANCE NUMBER 42
A LAND USE ORDINANCE REGARDING HUTCHINSON ISLAND;
AMENDING SECTION 23-122, "SUPPLEMENTARY PROVISIONS," IN ARTICLE VI, "SPECIFIC AREA PLAN FOR HUTCHINSON ISLAND," IN THE
I
CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA; PROVIDING THAT THE MAXIMUM BUILDING HEIGHT IN A PLANNED UNIT
DEVELOPMENT ON HUTCHINSON ISLAND SHALL BE FOUR STORIES OR
FORTY FEET; REPEALING SUBSECTION 6, CONCERNING DENSITY CALCULATIONS AND BONUS PROVISIONS, OF SAID SECTION 23-122; REPEALING CONFLICTING PROVISIONS OF LAW; PROVIDING FOR SEVERABILITY
IN THE EVENT OF PARTIAL INVALIDITY; PROVIDING FOR INCLUSION
IN THE C O U N m CODE; PEMVIDING FOR APPLICABILITY OF THIS ORDTNANCE TO THE UNINCORPORATED AREAS OF T m COUNTY; STATING T m
S T A W T O R Y PENALTIES FOR ORDINANCE VIOLATION; DIRECTING THAT
COPIES OF THIS ORDINANCES BE FILED WITH THE DEPARTMENT OF
NATURAL RESOURCES AND THE DEPARTMENT OF STATE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, this Board has made the following determinations of fact:
1.
By virtue of Sections 1 and 6, ~ r t i c l eVIII,
CONSTITUTION OF THE STATE OF FLORIDA, and Chapter 125, FLORIDA
STATUTES, this Board has the power to enact ordinances;
2.
Such ordinance-enacting power includes the power
to amend special acts of the Legislature which are applicable
only to the unincorporated areas of the county;
3.
By virtue of Section 125.01 (I), FLORIDA STATUTES,
and Chapter 61-2466, LAWS OF FLORIDA (as codified in Section
25-15, CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA),
this Board has the power to prepare and enforce comprehensive
-
plans for the development of the county;
4.
In Ordinance Number 34 (as codified in Article
VI, Chapter 23, "Land Use," CODE OF LAWS AND ORDINANCES OF
MARTIN COUNTY, FLORIDA) this Board adopted a Specific Area
Plan for Hutchinson Island;
5,
Subsection 4 (e), Section 23-122, "Supplementary
Provisions,': of said Article VI, Chapter' 23 of the code says
that the maximum building height in Planned Unit Developments
on Hutchinson Island should be forty feet, except as may be
authorized by this Board up to one hundred feet;
6.
No building over four stories in height has ever
been built on Hutchinson Island, Martin County, Florida;
order to insure adequate light and air for
surrounding uses, to reduce fire hazards, to control the density of land use, to preserve the symmetry of the skyline, and
to retain the existing beauty and character of Hutchinson Island, the building height limits in Planned Unit Development
Districts on Hutchinson Island should be four stories or forty
feet;
8,
Subsection 6 of said Section 23-122 contains
rules for calculation of density for Planned Unit Developments
on Hutchinson Island as well as bonus provisions;
9-
Said subsection 6 is objectionable, is not essen-
tial to the Specific Area Plan for Hutchinson Island and should
be repealed; and
10.
In order to preserve, promote and protect the
public health, safety and welfare, this Board should adopt this
ordinance;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:
s
PART ONE:
HUTCHINSON ISLAND SPECIFIC AREA PLAN
PROVISIONS-
-
SUPPLEMENTARY
Section 23-122, "Supplementary Provisions," in Article VI, "Specific Area Plan for Hutchinson Island," of Chapter 23,
hu and
Use," in the CODE OF LAWS AND ORDINANCES OF MAR-
TIN COUNTY, FLORIDA, be and hereby is amended to read as follows :
SECTION 23-122.
SUPPLEMENTARY PROVISIONS.
Planned unit development zoning districts on
Hutchinson Island, Martin County, Florida, shall comply with
the following supplementary provisions in addition to the general provisions relating to such districts:
(1) The board of county c o ~ s s i o n e r sshall
determine that any use authorized for a planned unit development (PUD) district on Hutchinson Island is compatible with
the adopted specific area plan for Hutchinson Island.
(2) The following uses may be authorized
within a PUD on Hutchinson Island:
(a)
Any use permitted within the Coast-
al Residential (CR) Zoning District, including single-family
residences.
(b) Two-f amily (duplex) residences.
(c) Townhouses, rental apartments, condominiums and other types of multiple-family dwellings.
(d) Marinas, yacht clubs, golf courses
and other active recreation facilities intended for the primary use of residents of Hutchinson Island.
(e) Convenience-type commercial uses
established and operated for the primary benefit of PUD residents.
(f) Hotel, motel and related accessory
uses subject to the following provisions:
1.
The total floor area devoted
-
to such uses should not exceed ten (10) per cent of the total
l i v i n g f l o o r a r e a of t h e PUD.
Living f l o o r a r e a i s considered
t o i n c l u d e t h e sum of a l l a r e a s used f o r r e s i d e n t i a l purposes
on t h e s e v e r a l f l o o r s of a b u i l d i n g o r b u i l d i n g s , measured from
t h e f a c e s of t h e e x t e r i o r w a l l s .
2.
Related accessory u s e s a r e con-
s i d e r e d t o be t h o s e a c t i v i t i e s o r i e n t e d toward occupants of
%
t h e h o t e l o r motel, such a s r e s t a u r a n t s , b a r s , lounges, cabanas,
newsstands, concessions and meeting a r e a s (g)
Limited commercial u s e s o r i e n t e d
p r i m a r i l y toward t h e r e s i d e n t s of Hutchinson I s l a n d s u b j e c t t o
t h e following p r o v i s i o n s :
1,
I f i n c l u d e d as p a r t o f a m u l t i p l e -
use, multiple-purpose PUD, t h e t o t a l g r o s s l e a s a b l e f l o o r a r e a
of a l l such u s e s should n o t exceed f i v e ( 5 ) p e r c e n t o f t h e
t o t a l l i v i n g f l o o r area of t h e PUD2.
I f proposed i n t h e form of a
s e p a r a t e commercial PUD, a minimum s i t e o f two ( 2 ) contiguous
developable a c r e s o f p r o p e r t y s h a l l be r e q u i r e d 3.
Limited commercial u s e s may i n -
c l u d e t h e following:
a.
Food and beverage e s t a b l i s h -
b.
Retail stores.
c.
P e r s o n a l s e r v i c e s such a s
d.
Automobile s e r v i c e s t a t i o n s
ments.
beauty shops, T.V.
repair, etc.
n o t i n v o l v i n g major r e p a i r a c t i v i t i e s .
e.
Banks, i n s u r a n c e agencies
f.
Professional offices.
g.
Postal stations,
h.
L i b r a r i e s and reading rooms,
-
and s i m i l a r f i n a n c i a l s e r v i c e s .
(h) Any p u b l i c use e s t a b l i s h e d o r o p e r a t e d
I
by or on behalf of Martin County.
(3) An authorized residential PUD on Hutchin-
son Island should involve not less than two (2) contiguous
developable acres of property under unified control, but this
does not preclude the board of county commissioners from approving a residential PUD on a smaller site*
(4) The following general property develop-
ment standards should apply to all planned unit developments
hereafter established on Hutchinson Island:
(a) A minimum twenty-foot open space
strip free and clear of all structures or facilities, including vehicular parking and loading areas, should be maintained
along all'boundary lines which separate a PUD zone from adjoining property.
(b) Permitted nonresidential buildings,
structures and accessory uses should not be located within
forty (40) feet of any boundary line separating a PUD zone
from adjoining property.
(c) No building or portion thereof
should be located within sixty-five (65) feet from the centerline of any county road, or within one hundred (100) feet from
the centerline of any state road.
(d) No building or portion thereof
should be placed within twenty-five (25) feet westerly of the
coastal construction setback line unless the board of county
commissioners determines that closer placement will not materially affect preservation of the dunes.
(e) The maximum building height in a
PUD on Hutchinson Island shall be four stories or forty (40)
feet.
(f) The minimum separation between buildings should be at least fifteen (15) feet.
-
(g) Finished street and road elevations
a t c e n t e r l i n e should be a t l e a s t s i x and one-half
( 6 1/2) f e e t
above mean s e a l e v e l (MSL) .
(h)
Minimum l i v i n g f l o o r e l e v a t i o n s f o r
dwelling u n i t s should be a s follows:
1.
The minimum l i v i n g f l o o r eleva-
t i o n f o r any s t r u c t u r e o r b u i l d i n g on Hutchinson I s l a n d s h a l l
be measured'at t h e easternmost p o i n t t h e r e o f , and s h a l l be f i f t e e n (15) f e e t above mean s e a l e v e l a t t h e w e s t e r l y s e t b a c k
from t h e c o a s t a l c o n s t r u c t i o n setback l i n e , d e c l i n i n g one f o o t
i n e l e v a t i o n f o r each a d d i t i o n a l twenty (20) f e e t o f w e s t e r l y
s e t b a c k f o r a d i s t a n c e of one hundred f o r t y (140) f e e t , a t
which p o i n t and a t a l l o t h e r p o i n t s w e s t e r l y t h e r e o f the elev a t i o n s h a l l be n o t l e s s than e i g h t ( 8 ) f e e t above mean s e a
level.
2.
No s e p t i c t a n k o u t l e t o r d r a i n -
f i e l d may be i n s t a l l e d below an e l e v a t i o n of seven ( 7 ) f e e t
above mean s e a l e v e l .
(i) The ground f l o o r a r e a of a l l b u i l d i n g s and roofed s t r u c t u r e s should n o t exceed twenty-five
(25)
p e r c e n t of t h e t o t a l a r e a of developable acreage under u n i f i e d
control.
(j) Not less than f i f t y ( 5 0 ) p e r c e n t
of t h e t o t a l a r e a of developable acreage under u n i f i e d c o n t r o l
should be devoted t o open space [defined a s one-half
(1/2) of
s u r f a c e water a r e a s p l u s any o t h e r a r e a which i s f r e e and c l e a r
of b u i l d i n g s , s t r u c t u r e s and/or paved a r e a s ] .
(k)
A l l dune c r o s s i n g s should be by
e l e v a t e d boardwalks o r ramps i n accordance w i t h department of
n a t u r a l resources standards.
(5)
A l l land above t h e mean high w a t e r mark
s h a l l be considered developable u n l e s s s u b j e c t t o t h e permitt i n g j u r i s d i c t i o n of t h e board of t r u s t e e s of t h e i n t e r n a l
improvement t r u s t fund of t h e S t a t e of F l o r i d a and t h e Corps
-
-
I
of Engineers, U.S.
Amy.
Property designated as environmental
areas by the Hutchinson Island Planning Study shall not be
included as developable acreage for PUD purposes unless waivers
of jurisdiction have been obtained from the board of trustees
I
of the internal improvement trust fund of the State of Florida
and the Corps of Engineers, U.S.
'
Army.
(6) All building
authorized as part
of a PUD project on Hutchinson Island shall be governed by the
following conditions:
(a) The total number of building permits
issued for residential dwelling units under PUD provisions,
including those issued to date, shall not exceed three thousand
thirty-two (3,032) resident'ial dwelling units until such time
as additional bridge access is provided to Hutchinson Island,
or until such time as these figures are modified by a subsequent
acceptable transportation access study ratified by the board of
county commissioners.
(b) When and after such additional bridge
access is available for use, the total number of building permits on Hutchinson Island shall be increased by two thousand
two hundred four (2,204) residential dwelling units to a maximum of five thousand two hundred thirty-six (5,236) residential
dwelling units unless these figures are modified by a subsequent
acceptable transportation access study ratified by the board of
county codssioners.
(c) It is expressly understood that the
board of county commissioners will periodically authorize transportation access studies to be conducted for the purpose of determining if the building permit allocations set forth in subsections (6) (a) and (b) above need to be modified.
(d) No further building permits should
be issued for dwelling units on Hutchinson Island (except for
..
single-family dwelling under standard zoning provisions) unless
I
I
a specific PUD agreement has been approved by the board of
county commissioners.
(e) Building permits under PUD provisions should be distributed according to a project priority
list adopted by resolution of the board of county commissioners'.
(f) Any PUD applicant who fails to
abide by thP provisions of the planned unit development agreement may have building permits revoked in accordance with established procedures.
(g) Any assigned building permit that
is unapplied for, unused, or revoked may be reassigned in accordance with established procedures and the adopted PUD priority list for Hutchinson Island.
(h) PUD projects which incorporate
single-family lots as part of an approved schedule of phased
development should have building permits appropriately reserved
for such lots.
(7) TRANSITION RULES.
Anything elsewhere
,
in this article or these zoning regulations to the contrary
notwithstanding, the following transition rules are adopted:
(a) REGARDING EXISTING BUILDINGS OR
THOSE UNDER CONSTRUCTION.
In order to allow the owners of
existing buildings or those under construction to obtain conforming zoning for such buildings, the board of county c o d s sioners shall establish by resolution rules and procedures to
enable such owners to have their properties rezoned to a PUD
district on a pro forma basis.
(b)
REGARDING PROJECTS BEING REXIEF-D
UNDER SECTION 33-73 OF THIS CODE.
In order to provide for
an orderly and equitable transition from processing of projects
under section 33-73 to PUD processing, the board of county
commissioners shall by resolution establish rules and regula-*
tions for transferring such projects to the equivalent place
-
I.:
.
.:
..
..
i n P U D p r o c e s s i n g , i t being t h e b o a r d ' s i n t e n t n o t t o d u p l i c a t e reviews of p r o j e c t s .
The board s h a l l f u r t h e r adopt by
resolution's p r i o r i t y l i s t i n g of such p r o j e c t s and s h a l l pro-
v i d e f o r speedy PUD processing of such p r o j e c t s .
The board
may waive o r condense f u r t h e r review by s t a f f and a d v i s o r y
boards a s it sees f i t .
PART TWO:
REPEAL
S p e c i a l a c t s of t h e F l o r i d a L e g i s l a t u r e a p p l i c a b l e
o n l y t o unincorporated a r e a s of Martin County, county o r d i nances and county r e s o l u t i o n s , o r p a r t s t h e r e o f , i n c o n f l i c t
w i t h t h i s ordinance a r e hereby abolished and r e p e a l e d t o t h e
extent o f s u c h conflict.
PART THREE : SEVERABILI!FY
I f any s e c t i o n , sentence, c l a u s e , p h r a s e o r word
of t h i s ordinance i s f o r any reason held o r d e c l a r e d t o be unc o n s t i t u t i o n a l , i n o p e r a t i v e o r void, such h o l d i n g o r i n v a l i d i t y
s h a l l n o t a f f e c t t h e remaining p o r t i o n s of t h i s o r d i n a n c e , and
.it s h a l l be construed t o have been t h e i n t e n t of t h e Board of
County Commissioners t o adopt t h i s ordinance w i t h o u t such unc o n s t i t u t i o n a l , i n v a l i d , o r i n o p e r a t i v e p a r t t h e r e i n , and t h e
remainder of t h i s ordinance a f t e r t h e e x c l u s i o n of such p a r t
o r p a r t s , s h a l l be deemed and held t o b e v a l i d as i f such p a r t
o r p a r t s had n o t been included h e r e i n .
I f t h i s ordinance'or
any p r o v i s i o n t h e r e o f s h a l l be held t o be i n a p p l i c a b l e t o any
person, groups of persons, p r o p e r t y , kind of p r o p e r t y , circums t a n c e s , o r s e t of circumstances, such holding s h a l l n o t a f f e c t
i t s a p p l i c a b i l i t y t o any o t h e r person, p r o p e r t y , o r circumstances..
PART FOUR:
CODIFICATION
P r o v i s i o n s of t h i s ordinance s h a l l be i n c o r p o r a t e d
i n t h e County Code and t h e word "ordinance" may be changed t o
. .
"section,
"
"article,
"
o r o t h e r a p p r o p r i a t e word, and t h e sec-
t i o n s o f t h i s o r d i n a n c e may b e renumbered o r r e l e t t e r e d t o
a c c o r n p l i s h ~ s u c hi n t e n t i o n ; p r o v i d i n g however t h a t P a r t s
TWO
t o Nine s h a l l n o t b e c o d i f i e d .
PART FIVE:
APPLICABILITY OF ORDINANCE
T h i s o r d i n a n c e s h a l l be a p p l i c a b l e o n l y i n t h e
u n i n c o r p o r a t e d areas o f t h e county.
PART SIX:
PENALTIES
V i o l a t i o n o f t h i s o r d i n a n c e i s a misdemeanor pur-
s u a n t t o S e c t i o n 125.69,
FLORIDA STATUTES, and i s p u n i s h a b l e
under s a i d s e c t i o n by imprisonment f o r up t o s i x t y (60) days,
o r a f i n e o f up t o $500.00, o r b o t h such imprisonment and f i n e .
PART SEVEN:
FILING WITH DEPARTMENT OF NATURAL RESOURCES
I n o r d e r t o comply w i t h S e c t i o n 373.023,
FLORIDA
STATUTES, t h e county a t t o r n e y s h a l l send a c e r t i f i e d copy o f
t h i s o r d i n a n c e t o t h e Bureau of Water Resources, Department
o f N a t u r a l Resources, Larson B u i l d i n g , T a l l a h a s s e e , F l o r i d a ,
PART EIGHT:
FILING WITH DEPARTMENT OF STATE
The C l e r k be and hereby i s d i r e c t e d f o r t h w i t h t o
s e n d a c e r t i f i e d copy o f t h i s o r d i n a n c e t o t h e Bureau o f Laws,
Department o f S t a t e , The C a p i t o l , T a l l a h a s s e e , F l o r i d a , 32304.
PART N I N E :
EFFECTIVE DATE
T h i s o r d i n a n c e s h a l l t a k e e f f e c t upon r e c e i p t o f
o f f i c i a l acknowledgment from t h e O f f i c e o f S e c r e t a r y o f S t a t e
that this ordinance has been filed in that office.
DULY PASSED AND ADOPTED THIS
ATTEST :
/ d 7#
DAY OF
BOARD OF COUNTY COMMISSIONERS
s
MARTIN COUNTY, FLORIDA
u
LOUISE V. ISAACS, CLERK
APPROVED AS TO FORM AND
LEGALITY :
STEPHEN B. CALVERT,
COUNTY ATTORNEY
STATE OF FLORIDA
Martin County
I hereby certify tM tha foregoing
:,..,.,
....
.
I.
>.I
....*,.
C . ., I
'\'I
,!
/
.
.
(1,
'
. .,
.
'- '
Strrotisq of BMP
STATE O C F L O R I D A
THC CAPITOL
T A L U H A S S L C 31304
November 18, 1974
,,
(
.
(
,,
,, .
,
. , . . , _ I ,
d.
.
I.
Kindest regards.
DOROTHY W. GLISSON
Secretary of State
--
-
-. . .
. ..
-
..
-
- - . .- .-
...
- -- .
__
_,_
. ..-.