{
MARTIN COUNTY, FLORIDA
Comprehensive Planning Division
Amendments to Article 4, Division 14,
Parking and Loading.
Project
Amend Article 4, Division 14, Land Development Regulations,
Martin County Code (LDR) regarding back-out parking.
Staff
Irene A. Szedlmayer, AICP, Senior Planner
Date of this Report
March 29, 2017
SUMMARY:
This is a public hearing to consider the amendment of Martin County, FLA. §4.626 (2017)
regarding back-out parking. The proposed amendment of Article 4, Division 14, Parking and
Loading, will allow back-out parking on traditional neighborhood streets where the posted
speed limit is 30 mph or less. Approval of the proposed amendment is recommended by the
Growth Management Department, the Engineering Department and the Office of Community
Development.
BACKGROUND:
Except for single-family and duplex residential land uses, Section 4.626 of the Land
Development Regulations prohibits back-out parking or any other type of parking that utilizes
the public right-of-way as an access aisle. MARTIN COUNTY, FLA. LDR §4.626 (2017)
(hereinafter, §4.626). Currently, driveways and parking for single-family and duplex residences
can be designed such that vehicles back-out of the driveway onto the street. By prohibiting
back-out parking in other circumstances, §4.626 forbids a type of parking in Martin County’s
Community Redevelopment Areas that is widely utilized elsewhere. For example, on-street,
back-out parking is provided in downtown Stuart on Flager Avenue, downtown Vero Beach on
Ocean Drive and other streets, and in downtown Fort Pierce on Melody Lane.
Most of the Community Redevelopment Plans and the adopted regulations and design
guidelines call for the utilization of alleys to access parking that is located behind the building.
The current code does not allow private parking that requires a vehicle to back-out onto the
alley. Several projects in community redevelopment areas have been the subject of recent
pre-application meetings for which parking that allows the vehicle to back-out onto an alley is a
practical and efficient means of meeting the need for parking.
On-street parking, in circumstances where the available right-of-way and the posted speed
1
limit can accommodate it, is regarded as an efficient means of providing parking and very
advantageous to the adjacent businesses. On-street parking requires much less land to park a
vehicle than does an off-street space, due to the need to provide ingress and egress and
access aisles to serve a parking lot. Some planners assert that on-street parking is also
fiscally efficient. To the extent that parking can be maximized within right-of-way, on which no
taxes are collected, the private land can be devoted to higher value development, resulting in
higher property tax payments. Finally, on-street parking is highly effective in calming traffic
(reducing speed) on the adjacent travel lanes.
RECOMMENDATION
Move that the Local Planning Agency recommend to the Board of County Commissioners that
the amendments to Article 4, Division 14 presented in the proposed ordinance be approved.
ALTERNATIVE RECOMMENDATION
Move that the Local Planning Agency recommend to the Board approve the amendments to
Article 4, Division 14 presented in the proposed ordinance, as amended by the Local Planning
Agency during its deliberation, be approved.
2
BEFORE THE BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY
ORDINANCE NUMBER
AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLE 4,
DIVISION 14, PARKING AND LOADING, LAND DEVELOPMENT REGULATIONS,
MARTIN COUNTY CODE, REGARDING BACK-OUT PARKING; PROVIDING FOR
APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE
DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (BCC) has adopted the Martin County
Comprehensive Growth Management Plan within which are included goals, objectives,
and policies related to zoning and land development; and
WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these
goals, objectives and policies through the adoption of consistent land development
regulations; and
WHEREAS, Ordinance 835 was adopted on November 17, 2009 establishing and
incorporating parking and loading requirements into Article 4, Division 14 of the Martin
County Land Development Regulations, Martin County Code; and
WHEREAS, Article 4, Division 14 contains standards for back-out parking and a revision
to those standards has been determined to be in the public interest; and
WHEREAS, this amendment to Article 4, Division 14 of the Land Development
Regulations, Martin County Code, has received public hearings before the Local
Planning Agency and the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners finds the proposed amendment
consistent with the goals, objectives and policies of the Comprehensive Growth
Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE
COMMISSIONERS, MARTIN COUNTY, FLORIDA, THAT:
BOARD
OF
COUNTY
PART 1: Division 14. Parking and Loading, Article 4. Site Development
Standards, Land Development Regulations, Martin County Code is
hereby amended as indicated. Underscored text is added. Ellipses (.
.
.) indicate text in the ordinance unaffected by the proposed
amendments is not presented here.
...
Section 4.626. Types and location of parking
...
4.626.B.
The function and operation of the proposed parking type must be
compatible with and appropriate for the type parking proposed. Back-out parking or
any other type parking utilizing the public right-of-way as an access aisle is
prohibited except when applied to single-family and duplex land uses or on street
type using a Traditional Neighborhood Street Design, where the posted speed limit
is 30 mph or less.
...
3. On-street parking.
a. On-street parking shall be permitted within traditional neighborhood
developments, neighborhood and community commercial core districts, and
community redevelopment areas designated by the Board of County
Commissioners unless in the judgment of the County Engineer the on-street
parking poses a safety hazard.
b. On-street parking shall be permitted on local streets as defined in division
4.19, LDR, unless in the judgment of the County Engineer the on-street
parking poses a safety hazard.
c.
PART 2:
Swale parking, or partial swale parking, within the public right-of-way is
permitted on local streets as defined in division 4.19, LDR, except where
specifically prohibited as determined by the County Engineer and posted by
approved county signage.
APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable throughout the unincorporated area of Martin
County.
PART 3:
CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable only to unincorporated areas of Martin
County, Martin County ordinances, County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
Page 2 of 3
PART 4:
SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property or circumstances by a court of
competent jurisdiction, such holding shall not affect its applicability to any other person,
property or circumstances.
PART 5:
FILING WITH THE DEPARTMENT OF STATE.
The clerk shall be and is hereby directed forthwith to scan this ordinance in accordance
with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida
Department of state via electronic transmission.
PART 6:
CODIFICATION.
Provisions of this ordinance shall be incorporated into the Martin County Land
Development Regulations. The word "ordinance" may be changed to "article," "section,"
or other word, and the sections of this ordinance may be renumbered or re-lettered.
PART 7:
EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Office of Secretary of State.
PASSED AND DULY ADOPTED THIS 11th DAY OF APRIL, 2017.
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
MARTIN COUNTY, FLORIDA
____________________________ ________________________________
CAROLYN TIMMANN,
DOUG SMITH, CHAIRMAN
CLERK OF THE CIRCUIT
COURT AND COMPTROLLER
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
____________________________________
KRISTA A. STOREY
SENIOR ASSISTANT COUNTY ATTORNEY
Page 3 of 3
2A Friday, March 24, 2017 Treasure Coast Newspapers MC
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PORT ST. LUCIE — A 45-year-old massage therapist
was arrested Wednesday on a felony sexual battery
charge after a client told police he inappropriately
touched her private area, according to an affidavit released Thursday.
Patrick Huff of the 2000 block of Southwest Gemini
Lane was arrested after the Tuesday incidents at his
business in the 800 block of Southwest Glenview Court.
The woman identified as the victim told police she
had eight to 10 appointments over the past four months
and only saw Huff. The business was identified as
Hands-On Therapeutic Massage.
She said her chiropractor recommended she see a
regular massage therapist to help with
pain.
She said Huff always was professional and used his bare hands. He massaged
areas including her legs, lower back and
pelvic area.
But on Tuesday, she said, he inappropriately touched her private area.
Huff
She said he whispered, “Are we still
OK?”
She replied, “No, we are not OK, we are done.”
She then got dressed and left, not realizing she’d
been there for 40 minutes longer than her scheduled appointment.
During a controlled call monitored by police, the victim asked Huff “why he did what he did.”
He said he couldn’t explain himself in detail and said
he was sorry.
According to the affidavit, the victim did not make
any advances toward Huff, who didn’t deny the incident occurred.
“In fact, when asked directly several times why he
(inappropriately touched) her, he apologized numerous
times for his behavior,” the affidavit said.
Asked by police if he wanted to talk, Huff said he
wanted a lawyer present.
Huff was held Thursday in the St. Lucie County jail
on $50,000 bail, a jail official said.
www.honestairinc.com
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FELONY ARRESTS
Tiffany Bologna, 31, Lehigh Acres; warrant for grand theft.
Roger Maddalina, 29, 3300 block of Southeast Monte Vista Street,
Port St. Lucie; warrant for criminal mischief.
Robert Sheppard, 35, 8900 block of Southeast Sandy Lane, Hobe
Sound; warrant for fraudulent use of a credit card, grand theft on
March 22.
Jason Brice, 34, 7500 block of Southeast Bay Cedar Circle, Hobe
Sound; battery - cause great bodily harm.
Robert Barnett, 25, Ormond Beach; fleeing to elude an officer.
Michael Clair, 52, 3200 block of Southeast Cypress Street, Stuart;
warrant for violation of probation, DUI impairment, possession of
cocaine.
Garren Delancy, 21, 800 block of Tarpon Avenue, Stuart; warrant
for violation of probation, soliciting the sale or delivery of marijuana.
Jameisha Fulton, 22, Pembroke Pines; grand theft.
Sarah Laframboise, 32, 5800 block of Northwest Hann Drive, Port
St. Lucie; warrant for violation of probation, manufacturing methamphetamine, unlawful possession of a listed chemical.
Tameisha Mobley, 21, Miami; grand theft.
Vallonne St. Louis, 19, Miami; grand theft.
Rodrigo Vilchis, 23, 500 block of Southeast Cortez Street, Stuart;
warrant for robbery on March 16.
Terrance White, 24, Riviera Beach; warrant for violation of probation/community control, sale of a controlled substance.
Kimberly Williams, 23, North Miami; grand theft.
Joseph Wojcieszak, 22, 5400 block of Smith Avenue, Stuart; warrant for violation of probation, dealing in stolen property.
Andre Woodall, 23, 700 block of Martin Luther King Boulevard,
Stuart; warrant for violation of probation, attempted burglary,
burglary.
Alessandro Cagossi Serra, 58, 3600 block of Northwest Adriatic
Lane, Jensen Beach; out-of-county warrant, Martin County, battery
on an officer, attempt to deprive law enforcement of means of
protection on March 22.
TR-1493953
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Local Planning Agency of Martin County
will conduct public hearings on April 6, 2017 to consider the adoption of two
ordinances related to the Martin County Land Development Regulations.
The hearings will be conducted beginning at 7:00 PM., or as soon thereafter
as the following items may be heard. The titles of the proposed ordinances
are:
AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING
ARTICLE 4, DIVISION 19, ROADWAY DESIGN, LAND
DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE,
REGARDING STANDARDS FOR TRADITIONAL NEIGHBORHOOD
STREETS; PROVIDING FOR APPLICABILITY, CONFLICTING
PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT
OF STATE, CODIFICATION, AND AN EFFECTIVE DATE.
and
SPACEWATCH
Launches
March 27: A United Launch Alliance Atlas 5 rocket, designated
AV-070, will launch the eighth Cygnus cargo freighter on the seventh
operational cargo delivery flight to the International Space Station.
The mission is known as OA-7. The rocket will fly in the 401 vehicle
configuration with a four-meter fairing, no solid rocket boosters and
a single-engine Centaur upper stage. Launch window: 7:49-8:19 p.m.
AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING
ARTICLE 4, DIVISION 14, PARKING AND LOADING, LAND
DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE,
REGARDING
STANDARDS
FOR
BACK-OUT
PARKING;
PROVIDING FOR APPLICABILITY, CONFLICTING PROVISIONS,
SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE,
CODIFICATION, AND AN EFFECTIVE DATE.
All interested persons are invited to attend and be heard. The meeting
will be held in the Commission Chambers on the first floor of the Martin
County Administrative Center, 2401 S.E. Monterey Road, Stuart, Florida.
Written comments may be sent to: Nicki van Vonno, Director, Martin
County Growth Management Department, 2401 S.E. Monterey Road,
Stuart, Florida 34996. Copies of the items will be available from the Growth
Management Department. For more information, contact Irene Szedlmayer,
Senior Planner at (772) 288-5931.
READER SNAPSHOT
Friday, March 24, 2017
Insertion Number: N/A
Ad Number:
1535048
NEWSSTAND PRICES
Massage therapist
arrested on sexual
battery charge
in Port St. Lucie
Persons with disabilities who need an accommodation in order to participate
in this proceeding are entitled, at no cost, to the provision of certain
assistance. This does not include transportation to and from the meeting.
Please contact the Office of the ADA Coordinator at (772) 221-1396 or the
Office of the County Administrator at (772) 221-2360, or in writing to 2401
S.E. Monterey Road, Stuart, FL, 34996, no later than three days before the
hearing date. Persons using a TDD device, please call 711 Florida Relay
Services.
CONTRIBUTED PHOTO BY BARBARA PIERZAKOWSKI
If any person decides to appeal any decision made with respect to any matter
considered at the meetings or hearings of any board, committee, agency,
council, or advisory group, that person will need a record of the proceedings
and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record should include the testimony and evidence
upon which the appeal is to be based.
Barbara Pierzakowski took this photo of a roseate spoonbill in Palm City.
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at TCPalm.com/submit. Reader Snapshots can also be seen at TCPalm.com/submit.
TR-1535048