2021 EAR-Based Comprehensive Plan Amendments  Memorandum  To: Town Zoning Board, Town Council and Mayor From: Terry O'Neil, Town Management Consultant  Cc: Pam Orr, Town Clerk Date: January 20, 2021  Rick Crary, Town Attorney  Re: State mandated updates to the Town's Comprehensive Plan  Since the mid 1980's, counties, cities and towns in Florida have been required by law to adopt and adhere to locally-developed growth management plans. These plans, typically called comprehensive plans, must be ratified by local ordinance and must at a minimum include a set ofstate-prescribed "elements" or chapters. These are: (1) Future Land Use, (2) Transportation, (3) Housing, (4). Sanitary Sewer, Solid Waste, Drainage, Potable Water & Natural Groundwater Recharge, (5) Coastal Management, (6) Conservation, (7) Recreation & Open Space, (8) Comprehensive plans are blueprints for future growth and sit atop the hierarchy of local government development standards to the extent that all other regulations such as zoning codes, Planned Unit Development Agreements (PUD's), etc., must be "comp plan consistent" to be enforceable. Local regulations that fail to meet this consistency standard are vulnerable to  Intergovernmental Coordination, and (9) Capital Improvements.  legal challenge and being overturned.  Town's obligation to update its Comprehensive Plan  With the passage of time, as state laws change, certain elements of a community's comprehensive plan become deficient or outdated. Consequently, about every seven years local governments in Florida are required to examine their plans and update them as required, including any desired amendments accounting for changes in local conditions. The Ocean Breeze Plan was last updated in 2014. Such amendments are called Evaluation and Appraisal  Review Based or "EAR-Based" amendments.  Amendment Process  EAR-Based amendments must be adopted by local ordinance. This requires at least one public hearing before the Town's Zoning Board (which acts as an advisory board and consists oft the Town Council and a non-voting member from the School Board*) and at least two public hearings before the Council. Transmittal of the "updating ordinance" to the Florida Department of Economic Opportunity (DEO). and other reviewing agencies occurs upon its adoption by the Council on first reading. The DEO then has 60 days to advise the Town of any "objections,  1 District1 1School Board Member, LIR Roberts, has kindly agreed tos serve ast the non- voting member.  1    2021 EAR-Based Comprehensivel Plan Amendments  recommendations, and comments"in a document issued by the agency known as an ORC Report. The Town then has 180 days from receipt oft the ORC to consider its content, make changes tot the amendments if necessary and adopt the ordinance on second and final reading. Jurisdictions adopting (ori failing to adopt) amendments which are objected to or insisted upon by the DEO may be subject to legal challenge by the agency. Staff anticipates second reading of  Ordinance No. 310-2021 in May, June or at the latest July of this year.  Format and types of amendments  Proposed amendments to the Town's Comprehensive Plan are contained in draft Ordinance No. 310-2021, including "Exhibit A" which is a verbatim version oft the current plan with additions and deletions shown as underlined and struckthrough language. An explanation for each These proposed amendments falli into three categories: (1) minor housekeeping changes to remove outdated terms, add dates, etc., (2) edits that account for changes in local conditions that have occurred since the Town Plan's last update (particularly development of the OB East and West PUD's), and (3) amendments that must be adopted to meet legislative requirements adopted by the Florida Legislature since 2014. Amendments in this third category are the most substantive; are limited almost exclusively to the Town Plan's Coastal Element and are intended to meet the new' "Peril of Flood" legislation found in Chapter 163. 3178 (2)(F) 1-6 of Florida  change is provided in the margin.  Statutes. The law states:  (2) Each coastal management element required by S. 163.3177(6)g) shall be based on studies, surveys, and data; be consistent with coastal resource plans prepared and adopted pursuant to (f)Ar redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The 1. include development and redevelopment principles, strategies, ande engineering solutions that reducet thet flood riski in coastal areas which results from high-tide events, storm surge, flash floods, 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established byt the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forthi in 44 C.F.R. 5. Require that any construction activities seaward of the coastal construction control lines 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to  general or special law; and contain:  component must:  stormwater runoff, and the related impacts of sea-level rise.  part 60.  established pursuant tos S. 161.053 be consistent with chapter 161. achieve flood insurance premium discounts for their residents.  2    2021 EAR-Based Comprehensive Plan Amendments Peril of Flood Analysis  Staff's proposed peril-of-flood amendments are found in the Plan's Coastal Element and include a new map exhibit entitled "Town of Ocean Breeze Coastal Impact. Area (CIA)2021." The Town's coastal impact area extends approximately 1,600 feet along the western shore of the Indian River Lagoon in Martin County and has been determined using the County's most recent Coastal High Hazard Area (CHHA) map, FEMA's most recent flood map, as well as exhibits from the County's 2017-2019 Florida Department of Environmental Protection (FDEP) grant funded "Resilience Program" which seeks to forecast the impacts of local sea level rise over time. Maps consulted in preparing the Town's CIA exhibit, copies attached, are listed  below:  Coastal High Hazard. Area Map FEMAI Flood Map  Martin County Resilience Program (MCRP) "Coastal Flood Exposure Map"  MCRP 'Generalized Inundation" MCRP "Critical Infrastructure Vulnerability" MCRP "Land Use Vulnerability" MCRP Stormwater Infrastructure Vulnerability" MCRP "Potable Water Vulnerability" MCRP "Sanitary! Sewer Vulnerability"  TOWN OF OCEAN BREEZE COASTAL IMPACT AREA (2021)  Town of Ocean Breeze Coastall ImpactA Area (CIA)2021  Coastail ImpactArea/CIA) 15CP PEEROW GIScRuCosu paCAN  Logond  3    2021 EAR-Based Comprehensive Plan Amendments  The proposed coastal impact area encompasses the Town's entire waterfront and is mostly owned by Sun Communities, DBA Ocean Breeze Resort, which maintains a newly reconstructed concrete seawall along the shoreline's entire length. Except for Indian River Drive, which is maintained by Martin County, all property within the impact area is private property. The area shown is approximately six acres in size. Of this area, 1.5 acres is County right-of-way and approximately .86 acres is a publicly accessible promenade/park, including stormwater baffle boxes and a water quality bio swale. This $1.48 million project was recently completed through alown-County-Resort partnership, including significant grants from the FDEP, South Florida  Water Management District (SFWMD), and Indian River Lagoon Council.  Zown of Cocenn Breeze ndian iver Orive Stormwater mprovements  Project ocation  Before  After  Partners  CI  Partoers 6 Costa 15Lpslatng Appponation A 2016DEPT TMOL Grank 2016SFWMD Ucanse Plate 2017DEPIMOL Grane 20171 IRL Councii Sund Communties Ocean Brcze &1 Martn Courty Total Cost  Lagoon & Community Beneflts $315.000 Romoved septio 235 cesspoolt moble! tanks homes ands 3601 leaching $66.171 anstalled bae 4 boxes, stormwater exfration sechnolog andr PAM bioswales, logs $180,000 Coased potutant  dischargest of on to from the soptic IRLO! anks $372.000 Constructed: 200 new bungalow homes ons sewer $1,483,171 Envronmentatyt friendily watertront groen space  $150,000 40. acres improved  $250.000 $150,000  hosphorum trom froma stormwater stonwater  4    2021 EAR-Based Comprehensive Plan Amendments  The remaining 3.7 acres, also part oft the 45-acre Ocean Breeze Resort, consists of 43 residential sites. Thirty-four of these sites are now occupied by new (elevated) module homes which have been built in accordance FEMA guidelines. The remaining 6 units are older mobile homes which will be replaced over time with flood-compliant modular units. Three sites are currently vacant. The following language has been added to the Town's Coastal Element. Language shown in black is essentially verbatim from Chapter 163. 3178 (2) (f) 1-6 F.S. Language shown in redi is what the Town specifically proposes to do toi implement the State'sr requirements.  Proposed Peril of Flood Amendments added to the Town's Coastal Element  Objective 8:  To address the perils of flooding associated with development and redevelopment activities within the Town's Coastal Impact Area (CIA), the Town shall adhere to Florida Statute Chapter  163.31782)f), 1-6. Policy 8.1  As called for by Florida Statute Chapter 163.3178/2)), to address the perils of flooding associated with development and redevelopment activities within the town's coastal impact A. Apply principals, strategies, and engineering solutions (as opportunities arise) that reduce flood risk in coastal areas which result from high-tide events, storm surge, flash floods stormwater runoff and the related impacts of sea-level rise. Specially, the town shall: (1.) continue its participation in FEMA's national flood insurance program, including rigorous application of the Town's FEMA-based flood prevention Ordinance No. 221-2015, as mayb be (2)r require effective and continuous maintenance of the Resort's existing seawall along the Indian River Lagoon and where feasible encourage additional shoreline protection improvements such as rip rap, the planning of native vegetation or other environmentally sound methods of shoreline protection should an opportunity arise to doso, and (3)prohibit the location of hospitals nursing homes, and assisted living facilities in the coastal B.E Encourage the use of best practices development and redevelopment principals, strategies and engineerings solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. Specifically, the (1) encourage that further development intended for occupancy within the coastal impact area be limited to modular and manufactured residences only, which are easier and less costly to  area, the town shall:  amended from time to time, and  impact area.  town shall:  relocated than site-built structures.  5    2021 EAR-E Based Comprehensive Plan Amendments  C.I Identify site development techniques and best practices that may reduce losses due to flooding claims made under flood insurance policies issued in the state. Specificaly the town (1)continue its participation in FEMA's national flood insurance program, including rigorous application of the Town's FEMA-based flood prevention Ordinance No. 221-2015, as may be (2)continue its active participation in Martin County's Local Mitigation Strategy (LMS) Program, including its advocacy for locally developed projects which advance flood protection, improved 3)Specifically, upon considering a request for an amendment to a development order involving ap property which is wholly or partially located within the Coastal Impact Area (CIA), the Town shall encourage an applicant maintaining common recreational buildings toi install an emergency electrical generator or generators sufficient to temporality accommodate residents (4) The floodplain dministrator/bulding official shall review all permit applications to determine whether proposed development will ber reasonablys safe from flooding. D.Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 E.Require that any construction activities seaward of the coastal construction control lines established pursuant to Section 161.053, F.S., be consistent with Chapter 161. F.Encourage participation in the National Flood Insurance Program Community Rating System administered by FEMA to achieve flood insurance premium discounts for residents. More about the proposed amendments in other elements of the plan  shall:  amended from time to time, and  shelter facilities, evacuation routes, regional storm water systems, etc.  of the subiect property following a storm event or other emergency.  C.F.R. part 60.  Given the Town's size and limited scope of services, the Ocean Breeze Comprehensive Plan is considerably less extensive than those of larger jurisdictions. At present, the Town does not own any real property, buildings or other appreciable capital assets, nor does it control or maintain any rights-of-way. Water, sewer, fire protection, emergency medical and law enforcement services are provided by Martin County. Except for Indian River Drive, which isa county road, all streets, sidewalks, etc. ini the town are privately owned and maintained. There are no publicly maintained parks or schools in the Town. Trash collection is privately provided. Because oft these characteristics, the number of mandatory comprehensive plan amendments expected of the Town is comparatively few and again almost exclusively focused on the plan's That said, the Zoning Board and Council will note that that there are several staff proposed amendments in the Land Use Element; Housing Element; Sanitary. Sewer, Solid Waste, Drainage, Potable Water & Natural Groundwater Recharge Element; Conservation Element and  Coastal Element.  6    2021 EAR-Based Comprehensive Plan Amendments  Intergovernmenta Element, which stem primarily from the fact that, since the comprehensive plan was last update in 2014, both the Ocean Breeze Resort and Seawalk single-family subdivision (together encompassing 90% of the Town'sl land area) have negotiated PUD agreements with the To date, the Ocean Breeze Resort's! 500 (+/-) sites are nearly half occupied by new modular units or older mobile homes, while the remaining lots are nearly fully occupied by RV's. Of Seawalk's 143 single-family lots, 67 homes are either built, occupied or actively under construction. Given the trajectory oft these two projects, as well as the fact that Ocean Breeze Plaza (10% of the Town's land area) has long-since been developed, it seems reasonable to conclude that the Town's future growth patterns have been largely fixed through the 2035 As for staff proposed amendments stemming from ongoing development of Ocean Breeze  Town and are now actively under development.  planning horizon and well beyond.  Resort and the Seawalk subdivision, examples include:  Acknowledging that modular manutactured) units and single-family homes have Recognizing that DR Horton, in developing Seawalk, has successfully remediated (cleaned up) an old, unregulated land fill to the satisfaction of the Florida Department of Environmental Regulation (FDEP) tot the extent that there are no obstacles to the  become an integral form of residential development.  developer making use of the entire site.  Recognition that DR Horton, per the developer's PUD agreement with the Town, has provided a "Preserve Area Maintenance Plan" (PAMP) that undertakes and guarantees perpetual maintenance of the Seawalk project's environmental set aside area.  Staff Recommendation  (1) Receive staff presentation of proposed amendments (2) Provide Zoning Board and Council Comments  (3) Solicit public comments  (4) Approve transmittal of Ordinance No. 130-2021 on first reading, with edits if sO directed  Attached Documents:  Ordinance No. 310-2012, including "Exhibit A"  Transmittal Correspondence Newspaper Advertisement Earlier correspondence with DEO  Town Ordinances No.'s 151-08 and 289-2019 establishing the Town Zoning Board  7    Martin County Fi: XwwEN CrestedBy: Jamie Perrie (TSDept) PletDate: Juy9.2013    Y 8  L L J 0 Y  weBoia aoueunsu pooleuopeN VEI    t  a    CAYCOEN    CONBiST  gemmobp AQupuReEm aOGpunEN AQGAwEN GBBabO Beemmbeo  atmoco  GBEN    MDIS E    imili 000  :                uh o        Town of Ocean Breeze Ordinance No. 310-2021 EAR-based Comprehensive Plan Amendments  BEFORE THE TOWN COUNCIL TOWN OF OCEAN BREEZE, FLORIDA ORDINANCE NO. 310-2021  AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF OCEAN BREEZE, FLORIDA UPDATING THE TOWN'S COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA STATUTE SECTION 163.3191; ADOPTING NEW PROVISIONS DEEMED MANDATORY BY FLORIDA LAW SINCE THE TOWN PLAN'S LAST UPDATE IN 2014, INCLUDING "PERIL OF FLOOD" STANDARDS SET FORTH IN FLORIDA! STATUTES CHAPTER 163.3178 (2)(F) 1-6, ASWELL AS OTHER MINOR AMENDMENTS REFLECTING CHANGES IN LOCAL CONDITIONS; PROVIDING FOR TRANSMITTAL OF PROPOSED AMENDMENTS TO THE STATE LAND PLANNING AGENCY, AKA THE DEPARTMENT OF ECONOMIC OPPORTUNITY BUREAU OF COMMUNITY PLANNING, AS WELL AS OTHER RELEVANT AGENCIES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND FOR OTHER PURPOSES  **** ***  WHEREAS, Florida law requires that local governments review and update their WHEREAS, on February 20, 2020, the Town submitted an "Evaluation and Appraisal Notification Letter" to the Florida Department of Economic Opportunity, Bureau of Community Planning, acknowledging its obligation to review and update its comprehensive plan within one  comprehensive plans from time to time; and  year; and  WHEREAS, on February 20, 2020 the Florida Department of Economic Opportunity WHEREAS, upon review by town staff, draft amendments to the Town's comprehensive  acknowledged receipt to the Town's letter; and  plan were prepared in accordance with Section 163.3191; and  WHEREAS, said amendments are set forth by "Exhibit A" attached; and  WHEREAS, on February 8, 2021, the Town'sZoning Board, which also serves ast the Town's Land Planning Agency, conducted a duly advertised public hearing to consider the proposed amendments and voted to recommend their approval to the Town Council; and  WHEREAS, on February 8, 2021, the Town Council conducted a duly advertised public hearing to consider the Zoning Board's recommendations, as wells as public comments, and voted on first reading of this ordinance forth by Exhibit "A" and approved transmittal to the Florida Department of Economic Opportunity (DEO) and all other relevant agencies; and    Town of Ocean Breeze Ordinance No. 310-2021 EAR-based Comprehensive Plan Amendments  WHEREAS, the Town Council has provided for full public participation in the comprehensive planning and amendment process and has considered and responded to public  comments.  NOW, THEREFORE, BE IT ORDAINED BY1 THE TOWN COUNCIL OF THE TOWN OF OCEAN  BREEZE, FLORIDA, THAT:  SECTION1: The Ocean Breeze Town Council does hereby approve the proposed Comprehensive  Plan amendments set forth by "Exhibit A" attached.  SECTION: 2: The Ocean Breeze Town Council does hereby approve transmittal of this Ordinance on first reading to the Florida Department of Economic Opportunity (DEO) and all relevant agencies and local governments for the purpose of a sufficiency review.,  SECTION3: All ordinances or parts of ordinances herewith are hereby repealed to the extent of  such conflict.  SECTION 4: If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this  Ordinance.  SECTION5 5: This ordinance shall take effect upon adoption of second and final reading.  PASSED on First Reading this gth day of February, 2021.  Council Member  offered thei foregoingordinance and moved  its adoption. The motion was seconded by Council Member and upon being put toaroll call vote, the vote was as follows:    Town of Ocean Breeze Ordinance No. 310-2021 EAR-based Comprehensive Plan Amendments  YES  NO  ABSENT  KEN DE ANGELES, PRESIDENT RICHARD GEROLD, VICE-PRESIDENT RICHARD WAGNER, COUNCIL MEMBER TERRY LOCATIS, COUNCIL MEMBER KEVIN DAUGHERTY, COUNCIL MEMBER BILL ARNOLD, COUNCIL MEMBER  ADOPTED on this ATTEST:  day of  2021.  PAM ORR TOWN CLERK  KEN DE ANGELES PRESIDENT  KAREN OSTRAND MAYOR  APPROVED ASTO FORM:  RICK CRARY, II TOWN ATTORNEY    Ordinance No 310-2021 "Exhibit A"EAR-Basedo Comprehensive! PlanA Amendments  TOWN OF  OCEAN BREEZE, FLORIDA 2035 COMPREHENSIVE PLAN    Ordinance No 310-2021 ExhibitA A"EAR-E -Based Comprehensivel PlanA Amendments  TOWN OF OCEANE BREEZE MARTIN COUNTY, FLORIDA  Local Government Comprehensive Planning and Land Development Regulation Act Florida Statute 163.3161 has mandatedi the preparation ofi local comprehensive planning programs to guide and control future development. itist thei intento oft the Act to" "encourage ther mosta appropriate use ofl land, water, and This report constitutes the revised Comprehensive Plan for the Town of Ocean Breeze and the preparation hasf followed the guidelines of Florida! Statutes 163.3164. Its should ber notedt that the limited land area oft thel Town effectivelyr restricts the: application ofr many oft the planninge elements plust thef fact that thel Town! has no goald ord objective to grow ore expand beyond thee existing Town boundaries.  resources, consistent with the publici interest."  PLANF PREPARATIONI DATE: October 17,1 1988; REVISIONS TOF PLAN COMPLETED: March1 1, 1990 PLAN PREPAREDE BY: Glenn E. Massnick 31625.E.Dixieh Highway Stuart, FL3 34997 (407)2 286-1662 REVISIONS TOP PLANI PREPAREDBY: EileenE E. Miller, AICP E.E. Miller & Associates, Inc. 1339E E. Ocean Blvd. Stuart, Florida 34996 (407)2 287-6747 Finale editing ofr revisions ina association with: Cathy S. Reeder 2008 PLAN AMENDMENTSF PREPAREDE BY: Lucido andA Associates, Inc. 2215 S.E. Ocean Boulevard Stuart, Florida 34996 (772)220-2100  FinalE Editing ofr revisions by: Monica Graziani, Town Planner 2014 PLANA AMENDMENTSI PREPAREDE BY: Terry O'Neil, Town! Management Consultant Pinal Gandhi-Savdas, Planning Consultant 2021 PLAN AMENDMENISPAPANEDBY Terry O'Neil.Town! Management Consultant  2    Ordinance! No 310-2021 Exhibit A"EAR-E Based Comprehensive! Plan Amendments  TOWNO OF OCEANE BREEZE MARTIN COUNTY,FLORIDA TABLE OF CONTENTS  (1) Future Land Use Element (2)1 Transportation Element (3) Housing Element Element,  (4)Sanitarys Sewer, Solid Waste, Drainage, Potable Water & Natural Groundwater Recharge  (5) Coastal Management Element, (6) Conservation! Element, (7) Recreation & Opens Space Element, (8) Intergovernmental Coordination! Element (9) Capital improvements Element  3    Ordinance. No. 310-2021 Exhbit/ A"EAR-Based Comprehensive! Plan Amendments  TOWN OF OCEAN BREEZE COMPREHENSIVE PLAN  The Town of Ocean Breeze Comprehensive Plan is comprised of 96 elements that address full range of topics affecting physical development oft the Town. Together, these elements shapet the Town's growth Each element includes one or more goals. A goali isa a long- term statementi toward which programs and activities are ultimately directed. Each goali is supported by one or more objectives, which are specific, measurable: actioni items that area achievable: andi mark progress towarda a goal. Some objectives includea target completion date. Most Comprehensive Plan objectives are on-going and aret targeted to continue throughout thep planning period and can be updated as part off future comprehensive plan amendments. Objectives arei implemented: accordingt tot thec direction provided! byc one orr more policies. Policies describe the way in which specific programs and activities should be conducted to achieve the identified goal. Together, the adopted goals, objectives and policies make upt the Comprehensive Plan Policy Document. Each element has a companion Supporting Document that includes data and analysis to clarify and elaborate on the rationalet for adopting the goals, objectives and policies. The Comprehensive Plan also includes as series of maps. Some maps are adopted as part of the Policy Document, while other are supporting datai included int the Supporting Document. Thel Policy Document isa adopted by Town Council, and changes must bet transmitted tot the Florida Department of Economic Opportunity fora approval. The Support Document isf forr reference purposes, andr mayb beu updatedf from timet tot time asconditionschange.  inas socially, economically: ande environmentally, sustainable way.  4    Ordinance No 310-2021 "Exhbit A"EAR-B Based Comprehensive! Plan Amendments  FUTURE LANDI USE ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  To maintain the Town's existing modular home and mobile home Presorcommunty. and commercial center and single-family. subdivision, and to provide for appropriate residential and commercial uses of undeveloped lands with adequate levels ofs servicef forr needed facilities and minimal  impact on1 Town resources. OBJECTIVE1:  Commented [TO1]: Changes reflectd development patternst that havee emergeds sincel lastp plan'slastu updatel In2 2014.  The Town of Ocean Breeze, through its Zoning and Land Development Code and/or Planned Unit Development (PUD) agreements, wille establish zoning standards that willa apply toa specific parceld ofl land such that the resulting development will be of superior quality and design while protecting the health,  safetya and welfare oft the general public.  POLICY1.1  Through the zoning code establish minimum requirements that will implement the goal of the  comprehensive plani through they vear 2035 planning! horizon.  Commented [TO2):s Staten rulesr requiret thatt thep plan's "planning hortzon" beic identifiedinthel landu usee element.  POLICY1.2  All facilities and services shall meet alll level of service standards established within this plan (potable water, sanitary sewer, drainage, solid waste, transportation, parks)a ands shall be available concurrent with thei impacts of development. Development orders and permits shall bec conditioned ont the availability of the facilities and services necessary tos serve the proposed development and shall be authorized at the  samet time the land uses are authorized.  POLICY1.3  5    Ordinance No 310-2021 "Exhibit A'EAR-E Based Comprehensivel Plan/ Amendments  Provide for convenient on-site traffic flow and require adequate off street parking facilities through adoption of appropriate land development regulations and/or use of negotiated planned unit  development: agreements. POLICY1.4  Innovative development patterns shall be encouraged top provide recreational facilities adequate for the  number of units int the development. POLICY1.5  Requests for development permits shall be coordinated, as appropriate, with Martin County and the  FesureCostResonasomsPammineCowndil, other relevant agencies  Commented [TO3): Florida! lawa andt thisd document's "Iintergovemmentalc Coordination" element provide guidanceh here. Onlys selectedd development permitr requestsf fallintot thisc category. Then referencet tot theT TCRPCisoutofp place.  POLICY1.6  No changes shall be permitted within the developed portions of the Town that would create a net decrease ina available open space, orc decrease the effectiveness oft the existing drainage and stormwater management: system. New development shallr maintain a minimumo of 35%0 open space inr residential: areas and 25% open space in commercial areas and meet the drainage and stormwater management regulations of the South Florida Water Management District. In the case of stormwater retention and detention requirements, thel Town willy work with the South Florida Water Management Districtt toa assure that management schemes fully recognize the unique percolation capacity oft the Town's soils and any  accrued benefits derivedi from xeriscape landscaping and minimal use ofs sod.  POLICY1.7  Provide for zoning district regulations that implement the land use designations established in this  Comprehensive Plan.  6    Ordinance No3 310-2021 ExhibitA A"EAR-Based Comprehensive! PlanA Amendments  POLICY1.8  Any planned development: agreement utilizedt to control future development: shall, atan minimum: 1). Commit too compliance with alla applicable portions oft the: adopted Town of Ocean Breeze Comprehensive Plan, including level ofs service standards forp publici facilities; 2). Reflect the findings of an acceptable transportation impact study, including a 3). Reflect consultation with the Florida Fish and' Wildlife Conservation Commission (FWC) regarding adequate protection of any rare, endangered, threatened or special concern 4). Provide for acceptable buffers along property boundaries and a high priority on 5). Payment ofi impact fees toa address off-sitei impacts oft the new development; and 6). Comply witht the Indian River Lagoon Comprehensive Conservation: and! Management  neighborhood trafficr management plan;  plant anda animal species present ont the affected property;  preservation ofe existing vegetation;  Plan.  7). Reflect consultation with Martin County to address compatibility ofp project with existing and planned development ona adjacent unincorporated lands; and  POLICY1.9  Fheactusl-numbers ofacres-that Wil be-restricted for building use due ter PFOF use asa land- filla area can only be determined bya-further engineering study The Town will require- that as part oF any future development,anaesoigsheawotedifimionsdapequiremenis  7    Ordinance No3 310-2021" Exhbit A"E EAR-B Based Comprehensive! PlanA Amendments  be provided- to ensure that ne current or future contamination Wi eceurert that aloF the effending materalisberemovesk frem thes Siter Under apermit obtained by the developer: that portionofthe Ocean Breeze West PUD site previouslyused: asal land filll has undergone excavationa and remediation: acceptable to the Florida Department of Environmental Regulation (FDEP) suchi that the agency offers no obiection toitsusef for development. The Town shall maintains allrecordsi ini itsp RCAtN  site., POLICY1.10  Commented) ITO4J: DRH Hortonh hasn landfils sitet tothes state's satisfaction,  (closed)t theo old  All new development must provide central water and sanitary sewer along with roads that meet the standards of Martin County or roadway standards specifically adopted by the Town. Before building permits are issued the developer must provide for all services, including the collection and disposal of solid waste. All public services must be in place and available concurrent with the impact of the  development. POLICY1.11  Uses anticipatedi in1 the Transportation Element arep permitted within alll land uses.  OBJECTIVE2: Whilet the Town currently contains no blighted areas, shoulds such conditions developi in OBJECTIVE3: The Town, which currently contains no incompatible land uses, will avoid future incompatibilities by requiring planned use development regulations to guide growth on undeveloped OBJECTIVE4: The natural resource of the Indian River Lagoon shall continue to be protected by the Town by continued compliance with the Indian River Lagoon Comprehensive Conservation and Management Plan and the Lagoon Surface Water Improvement and Management (SWIM) plan. Future development onl lands west oft the FEC railroad shall be allowed only upon at finding that the proposed  the futuret the Town wille establisha a planf for redevelopment and renewal.  lands.  8    Ordinance No 310-2021" "Exhibit A"E EAR- Based Comprehensivel Plan Amendments  development plan is consistent with protection of natural resources. (More detailed objectives and  policies are containedi int the Coastal Management Element oft this plan.)  OBJECTIVE5:  Future development withint thel Towns shall be allowed only upona af findingt thati the proposed development  isi inc compliance witht the regional hurricane evacuation plan.  OBJECTIVE6:  The Town shalla allow appropriate development ofo currently vacant lands to discourage urbans sprawl.  OBJECTIVE7:  Prior to thei issuance of any development order, allr new development must demonstrate that adequate publicf facilities area available consistent witht thel level ofs servicer requirements oft this Comprehensive Plan. OBJECTIVE8: Exceptf fort the Ocean Breeze Plaza property. Nnew development andr redevelopment: shall bea allowed only pursuant toar negotiated Planned Unit Development between the developer and Town.  Commented [TO5): Change reflectst thef fact that OBE Easta and OBV Westa area alreadyP Plannedu Unit Developments, whilet thep plaza hass straight" "Business" zoning. Thep plazac ownersn maya atsomep point wish top proposea aPUDa agreementt toa accommodatef future developmentb buta aren noto compelledt todoso.  OBJECTIVE9: FUTURE LAND USE CATEGORIES  The Townd of Ocean Breezeh has asi itsp principalg goalst ther maintenance oft thee existing modular home. mobile home park resort community: and commercial center,including future pansorredevelopment oft the existing commercial center, as well as preservation of its single-family residential subdivision. and appropriate future residential or development of undeveloped! lands. The Future Land Use Map, included int this element, provides al blueprint for a complete build- out ofa allt the land area incorporated into the  Commented [T06): Changes reflectd development; patterns that havee emergeds sincel lastp plan'slast updatei in: 2014.  Town. POLICY9.1  9    Ordinance No 310-2021 Exhbit/ A" EAR- Based Comprehensivel Plan/ Amendments  The future land use categories defined below provide general descriptions intended to encompass all present and future land uses in the Town of Ocean Breeze. The "Table of Land Use Densities and Intensities", "Exhibit A" herein, provides specific density andi intensity measures that shall establish the maximum density andi intensity allowedi ine eachl land use category. The Future Land Usel Mape establishes Thel Town of Ocean Breezeh has designated thef following land use categories and allowed usesf fora alll land A. Mobile Home Residential development (Ocean Breeze East, Approximately 44.35 acres) - Mobile homes note exceeding 16.46 units pera acre. Communicationt towers shall bea alloweds subjectt toz zoning standards. Redevelopment activities occurring under al Planned Unit Development (PUD) Agreement  the optimum, overall distribution ofl land uses ona a Town-wide basis.  withint thel Town of Ocean Breeze:  may allow:  1) A variety of building types including mobile homes, modular homes, manufacturedi homes andr recreational vehicles toe ensuread diverse anda affordable 2) Replacement of existing mobile homes with traditional site built structures as appropriate and consistent! ins scale and character with the typical home typesi in  quality environment.  the park.  3) Storage forv vehicles for the convenience oft the residents.  4) Neighborhood commercial uses, primarily serving Town residents, note exceeding 5) Public waterfront amenities such as piers, docks, or boardwalks (see Coastal  25,000: square feeti int floor area. Management Element for details).  10    Ordinance' No 310-2021 Exhbit A'E EAR-I Based Comprehensive! Plan/ Amendments  B. Ifthec development isaF PUD, ar minimum oft ten percent oft the site shall be seta aside for recreational amenities and civic infrastructure, which may include but not be limited to central community clubhouse facilities/recreation center, pool, fitness center, shuffle board courts, etc. Low Density Residential Future Land Use (Ocean Breeze West, Approximately 9.4 acres) The low density residential designationi is reservedi forl lands serviced byaf full complement ofu urbans services. Densities permittedi int this area shall note exceeds sixu unitsp per gross acref fors site- built residential units orf fifteen units per acre for mobile home or recreational vehicle residential units. Projects meeting the requirements for provision of senior or affordable housing shall be allowed a density bonus as outlined below. Notwithstanding any other Goals, Objectives and Policies of this Comprehensive Plan, group! homes, foster homes, nursing caref facilities, and assisted living facilities shall be allowed nott to exceed 30b beds per acre. Maximum building! height shall be: 2s stories int this district unless the parcel depth exceeds 100' measured from the Town limits and all setbacks from adjacent unincorporated Martin County are a minimum of6 60' providing a minimum 25' buffer in which case 1) With the exception ofr mobile home development, group homes, foster homes, nursing care facilities anda assisted living facilities, a 25% gross density bonus will be granted to residential development thati is restricted1 tos senior housing (either limited to occupancy byr residents 62y years ofa age ord oldero ort tot thosei intended and operatedi for occupancy! by persons 55 years of age or older provided that atl least 80 per cent oft the occupied units are occupied by at least one person 55 years of age or older) or a 50% bonus will be granted tor residential development thati is committed toap proportion of owner occupied orr rental housing meeting the definition of very! low and lowi income as defined by the State of Florida guidelines for the State Housing Incentive Program (SHIP). Projects receivinga density bonus must further meet the criterial listed below. a. The project must bes subjectt toap Planned Unit Development. Agreement.  ther maximum! height shall be4 4 stories.  11    Ordinance No 310-2021" Exhibit A"E EAR-Based Comprehensive! Plan Amendments  b. For sites that share a common boundary with a single- family land use, a buffer C. Senior housing projects must includei thet following design standards:  must bep provided.  i) atl least onez zero stepe entrance  ii) alli interior doors providing atl least 31 %i inches of unobstructed passage  space, and  ii) atl least al half bathroom ont the maini floor.  d. For affordable housing projects; a minimum of 15% of the proposed units must be allocated1 top persons of veryl low and/or lowi income asc defined by the State of Florida Guidelines fort the State Housing! Incentive Program (SHIP), fora ar minimum periodo of2 20yearsors suchl longerp perioda as setf forth! byac controllinggrant ord other affordable! housing program such ast the Martin County Local Housing Assistance Plan. The units intended for affordable housing shall be subject to a recorded land use restrictioni for notl less than 20 years and shalli include resale provisions to ensure long-term affordability for very low and/or low income homeowners  andr renters.  Fori the purpose oft this policy, the density bonuses arer noto cumulative. For example, ana affordable housingo development dedicated tos seniorr residents will bes grantedatotald density bonus of5 50%a asar result oft the! 50% bonusf fora affordable housing. Int this case, the: 25%! bonus fors senior housing would not apply.  Medium Density Residential Future Land Use (Ocean Breeze West, Approximately. 32.1 acres)- The medium density residential designation is reserved for land serviced by a full complement of urban services. Densities permitted in this area shall not exceed ten units per gross acre for site-built  12    Ordinance) No.3 310-2021 "Exhibit/ A'EAR-E Based Comprehensivel PlanA Amendments  residential units orf fifteen units per acre for mobile home or recreational vehicle residential units. Projects meeting the requirements for provision of senior or affordable housing shall be allowed a density as outlined in below. Notwithstanding any other Goals, Objectives and Policies of this Comprehensive Plan, group! homes, foster homes, nursing care facilities, and assisted livingf facilities shall be allowed not to exceed 30b beds per acre. Maximum building height shall be 3 stories int this district unless set back from adjacent unincorporated Martin County byar minimum of6 60 providing aminimum: 25' bufferi inv which case the maximum! height shall be 4s stories. 1) With the exception ofr mobile home development, group homes, foster homes, nursing care facilities and assisted living facilities, a 25% gross density bonus will be granted to residential development that isr restricted to senior housing (either limited to occupancy by residents 62y years of age or older ort tot those intended and operatedi for occupancy by persons 55 years ofa age or older provided that at! least 80p per cent oft the occupied units are occupied by at least one person! 55 years of age or older) or a 50% bonus will be grantedt tor residential development thati is committed toap proportion of owner occupied or rental housing meeting the definition of very low and lowi income as defined by the State of Florida guidelines for the State Housing Incentive Program (SHIP). Projects receiving a density bonus must further meet the criterial listedb below. a. The project must bes subjectt toa af Planned Unit Development Agreement. b. For sites that share a common boundary with a single-family land use, al buffer  must be provided.  Senior housing projects must includet thei following design standards:  i) atl least one zero stepe entrance  ii) alli interior doors providing atl least 31 %i inches of unobstructed passage  space, and  13    Ordinance No 310-2021 Exhibit A" EAR-Based Comprchensive! PlanA Amendments  i) atl least al half bathroom ont the main floor.  d. Fora affordable housing projects; a minimum of 15% oft the proposed units must bea allocatedi top persons of very low and/orl low income as defined by the State of Florida Guidelines for the State Housing! Incentive Program (SHIP), fora aminimum periodo of2 20yearso ors such longerp perioda ass setf forth! byac controlling grant ord other affordable housing program such ast thel Martin County Local Housing Assistance Plan. The units intended for affordable housing shall be subject to a recorded land use restriction for not less than 20y years ands shalli includer resalep provisions to ensure long- term affordability for very low and/or low income homeowners  and renters.  Fort the purpose oft this policy, the densityb bonuses arer noto cumulative. Fore example, ana affordable housing development dedicated1 tos senior residents willl beg grantedatotaldensty bonus of5 509asaresult oft the 50%! bonus fora affordable housing. Int this case, the: 25% bonus for senior! housing would nota apply.  D. Commercial Futurel Land Use (Ocean Breeze West, Approximately 3.71 acres as describedI below)- Land Uses anda activities withint this designation: shall bep predominately connected with the sale, rental, and distribution of products or performance of professional and non-professional services. This includes retail sales, service establishments, business, professional and other offices, shopping centers, financial institutions, restaurants, group! homes, foster homes, nursing care facilities, and assisted living facilities shall be allowed not to exceed 111 total beds within that portion of the Commercial futurel land use designation described below. AI limited amount of Multi- Family Residential and indoori industrial uses are allowed. BEING A PARCEL OF LAND LYINGI INS SECTION: 22, TOWNSHIP: 37SOUTH, RANGE 41 EAST, MARTIN COUNTY, FLORIDA. SAIDF PARCEL BEING MORE PARTICULARLY DESCRIBED/ ASF FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 22, THENCE SOUTH 00°19'03" EAST, ALONG THE EAST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 22, A DISTANCE OF1 171.98 FEET TOAPOINT ON THE SOUTH LINE OF OCEANE BREEZE PLAZAAS RECORDED IN OFFICAL RECORD BOOK 992, PAGE 2566 PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE SOUTH 89"59'10" EAST,  14    Ordinance: No 310-2021 Exhibit/ A"EAR-Based Comprehensive Plan Amendments  ALONG SAID SOUTH LINE AD DISTANCE OF 561.29 FEETT TO THE EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, THENCE SOUTH 1744'05" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 280.87 FEET; THENCE NORTH 89°59'10" WEST, DEPARTING: SAIDE EASTERLY RIGHT-OF-WAYLINE, ADISTANCEOF64536 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 22; THENCE NORTHO 00°19'03" WEST, ALONG SAID EASTLINE  ADISTANCE OF: 267.50FEET TOT THE POINT OFE BEGINNING. CONTAINING: 3.71 ACRES, MORE ORL LESS.  E. Commercial (Ocean Breeze Plaza,A Approximately 12 acres)- Commercial uses within the area designated: as Commercial ont thef future land user map: shall bel limitedt toar maximum of 125,000 square feet. Land Uses and activities predominately connected witht thes sale, rental, and distribution ofp products or performance ofp professional and non-professional. services. Includes retail sales, service establishments, business, professional and othero offices, shopping centers,  financial institutions and restaurants.  Redevelopment: within the Commercial (Ocean Breezel Plaza Approximately: 12a acres)f futurel land use designation may be granted ani intensity bonus of 25% if developed with prominent quality architectural: and site design attributes: as: setf forthi int the Town's land development regulations. Atar minimumi thel land development regulations shall include but not bel limited tot the following  criteria:  a. ani integrated pedestrian system b. ab bus stop: and shelter C. bicycler racks  d. interconnections between complementary neighboring land uses e. a clear definition ofr rights-of-way: and streets f. well defined open spaces &. av variety of buildingt typesa and uses.  15    Ordinance No 310-2021 Exhibit A"E EAR-E Based Comprehensivel PlanA Amendments  Thel Land Development Regulations shalla also address architectural: standards, includingb but not limitedt to building fenestration, proportions of openings, building massing and composition, building materials and surface treatment and pitch of roofs. Such development shall be approved via a Planned Unit  Development. POLICY9.1  Within the Low Density Residential Future Land Use, Medium Density Residential Future Land Use, and Commercial Future Land Use (Ocean Breeze West, Approximately 3.71 acres), ab buffer shall ber required between any proposed development and adjacent existing residential units when the density oft the proposed development exceeds twot times that oft thea adjacent residential area measured withint the first tier of units. Ab buffer shall also be required for sites designated and developed for medium density residential use adjacent to any boundary of unincorporated Martin County designated for single family use. Al buffer shall be a minimum of 25' in width and contain a 100% opaque screen that is six feet in height within one year ofi installation. No permanent above ground improvements shall be constructed withint the buffere exceptf for landscaping, buffer fence orv wall, utility systems, and/or drainage facilities. Within the Low Density Residential Future Land Use, Medium Density Residential Future Land Use, and Commerciall Future Land Use (OceanE Breeze' West, Approaimately37laces, the developer shall provide a dedicated funding mechanism for the continued provision of fire service and solid waste collection service. (This policyi is noti intended tob bear requirementi fort the dedication ofl landf fora at fire station.) APPROPRIATE PLANNED LAND DEVELOPMENT New development within the Low Density Residential Future Land Use, Medium Density Residential Future Land Use, and Commercial Future Land Use (Ocean  POLICY9.2  POLICY9.3  Breeze West, Approximately: 3.71 acres).shall:  16    Ordinancel No 310-2021" "ExhibitA A"EAR-Based Comprehensive! Plan Amendments  1) Only bea approved basedu upon af findingt thatt the proposed development willl be appropriate tot thet topography, soild conditions, availability off facilities and services and  surroundingl land uses;  2) Ensuret the protection ofr natural and historical resources;  3) Be coordinated with appropriate local or regional hurricane evacuation plans, when 4) Bec coordinated with any appropriate resource planning and management plan prepared pursuant to Chapter 380, Florida! Statutes, and approved by the Governor and Cabinet; 5) Ensure the availability ofs suitable landi for utilityf facilities necessaryt tos support proposed 6) Encouraget the use ofi innovative land development techniques as may be appropriate to  applicable;  development; and  thes situation oft thel land; and  7) Bes subject to aF Planned Unit Development Agreement.  17    Ordinance No 310-2021 "ExhibitA A"EAR-E Based Comprehensive! PlanA Amendments  FUTURE LAND USE CATEGORY- EXHIBITA A TABLE OFL LANDI USE DENSITIES ANDI INTENSITIES  Futurel Land Use Acreage Density and Persons Perk Household  Intensity  Population Estimate 352 1,204 1,270  Site Built Senior/ Mobile Home 2.50 pph 2.50pp 2.50pp 2.50pph 2.50 pph 2.50pph  Affordable 9upa  Low Density Residential Residential Mobile Home Development Commercial (Ocean 3.71 Breeze West) Commercial (Plaza) 12.0  9.4  10u upa  15 upa  N/A N/A  Medium Density 32.1 10u upa  12.5 upa 15 upa 15 upa N/A N/A  15 upa N/A N/A  16.46upa <25,000SF N/A N/A Total  44.35 1.74p pph 1.74 pph 1.74p pph  <48,750SF N/A <125,000SF N/A  2,826  18    Ordinance! No 310-2021 Exhibit A"EAR-Based Comprehensiel PlanA Amendments  TOWN OF OCEAN BREEZE MUNICIPALITIES! MAPDETAIL  19    Ordinance) No3 310-2021 ExhbitA A"EAR-Based Comprehensive! Plan Amendments  Jn Moblel Home 4435 # SahegaIaab-1y: 3 Lov Deuiry Residential- 94sc ER Medhm Density- 321ae m Commercial (Plam)- 12: E Commerciai (Ocanl Baa Wen) 3.7sc  Egn A Future Land Use Map  TOWN OF OCEAN BREEZE  ERPEIIVEDATE SCALE (hn w  Town of Ocean Breeze Future Land Use Map - through 2035  Commented [T07):s Stater requlrest thep planningh horizont be shown ont thef futurel landu usen map.  20    Ordinance No.3 310-2021 Exhibit A"EAR-Based Comprchensive! Plan Amendments  TRANSPORTATONBEMINT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  To provide a safe, convenient and efficient motorized and non- motorized transportation facilities ina a wayt that sustains the community smalll Town character andi its aesthetic characteristics.  OBJECTIVE1:  The Town will cooperate with Martin County andy private! land owners toa achieve coordinated planningo of land uses, transportation programs and traffic circulation as to achieve and maintain level of service adopted by the County and to protect the necessary rights ofv way through development permitting.  POLICY1.1  The Town shall not allow changes in the developed portions oft the Town (i.e., east oft the FECI Railway) that would result in a less safe, convenient and efficient transportation system. Further, new development on undeveloped lands (i.e., west oft the FEC Railway) shall comply with all provisions of this plana and other Town ordinances top providea a safe, convenient: ande efficient transportation: system.  POLICY1.2  The Town will maintain its small-town character by limiting the width of roadway corridors throughout  the Townt tor nor moret thant twot through lanes.  21    Ordinance) No 310-2021 Exhibit/ A'EAR-Based Comprehensivel Plan Amendments  POLICY1.3  Thel Town will cooperate fully with Martin County andp privatel land ownersi ine encouraging transportation improvements and services which are consistent with this Comprehensive Plan, the Treasure Coast  Regional Policy Plan and State and County transportation plans.  POLICY1.4  The Town of Ocean Breeze! herebya adoptst thei following peak hour LOS standards:  (1) Indian River Drive (CR 707) (2) Jensen Beach Blvd. (CR-707A)  "D" "D"  *Martin County2 2012 Roadway Level ofs Service Inventory Report  *Iff facilities within Martin County are shown to operate below their required levels of service, payment oft the development's fairs shared contribution tot thei impacted roadway systemi ina additiont tot thep payment oft the appropriate Countyi impact fees shall be deemed adequate tor meet the level ofs services standards  oft the Comprehensive Plan. POLICY1.5  The Town shall not permit developments which will result in traffic impacts which will the established level of service to be exceeded, provided if facilities within Martin County are shown to operate below their required level ofs service, payment oft the development's fair share contribution to thei impacted roadway system in additioni tot the payment oft the appropriate Countyi impact fees shall be deemed adequate to meet the level ofs service standards oft the Comprehensive Plan.  POLICY1.6  Timelyt traffic data willl be obtained by thel Town through close coordination with Martin County.  22    Ordinance No 310-2021 Exhibit A" EAR-E Based Comprehensivei Plan Amendments  POLICY1.7  Connections and access points of driveways and roadst tor roadways shall continue to be controlled bya development review process as established in Zoning and Land Development Code or in development  agreements. POLICY1.8  Provision of safe and convenient on-s sitet trafficf flow, considering needed motorized. and non-motorized vehicle parking including handicap accessibility, shall continue to be accomplished by a development review procedure established. inz Zoning and Land Development Code or development agreements.  POLICY1.9  Unless and overallb beneficial urban designa approach indicates otherwise, protection ofe existing and future public roadway rights-of-way from building encroachment shall be accomplished by maintaining the following right- of- wayr requirements fora allfutured constructione exceptreplatementsofe existing structures: (1). Major Arterials- 100'/ Minor Arterials- 80', (2) Collectors- 60', 50' with curb-and-gutter construction.  POLICY1.10  The Town willr maintain ande enforce driveway/street intersections, sighto distance requirements and other relevantr regulations toa assuret that acceptable design standards arer metf for onsite traffict fiowa andp parking, access drive to public thoroughfares, pedestrian circulation facilities, bicycle and golf carts prior to  authorizing specific development projects.  POLICY1.11  The Town shall work with Martin County, Martin County MPO and private land owners as well as local and regional mass transit providers to promote transit to and from the Town of Ocean Breeze. This coordination shall include: identifying destinations and traffic generators preferred by Town residents,  23    Ordinance No 310-2021 Exhubit/ A"E EAR-E Based Comprehensive! Plan Amendments  identifying safe stopping places for mass transit, andi identifying and helping to obtain needed right-of-  way for mass transit stops. POLICY1.12  As the means tor reduce the vehicles miles traveled, the Towns shall encourage alternate transportation mode including mass transit, bicycles, golf carts and pedestrian facilities as a condition for development  approvals. POLICY1.13  The Town will continue to coordinate its emergency evacuation effortsf fori its at-risk population through close coordination with the Martin County Emergency Management Services Department.  POLICY1.14  The Town shall coordinate with Martin County, Martin MPO, the Florida Department of Transportation and other agencies in order to ensure the use of consistent Level of Service standards and common  methodologies fore evaluatingtransportation impacts.  POLICY1.15  The traffic circulation system shall be coordinated with future land use through land development regulations and Planned Unit Development (PUD) agreements and the requirement for a competent traffics studyt that demonstrates that the: adopted levels ofs servicef fort traffic circulation willl ber maintained  through build-out. POLICY1.16  Unless an overall beneficial urban design approach indicates otherwise, east of the Railroad, no new structures exceptr replacements ofe existings structures shalll be placed within 65' oft the centero oft ther right- of-wayo ofa any collector ora arterial. Unlessa and overallb beneficial urband designa approachi indicates otherwise,  24    Ordinance No 310-2021 Eshbit AFEARABNSCmpakaneN Plan Amendments  west oft the FEC Railroad, no structure shail beb built within 50f feet oft the center line ofay public plotted ROW that is not designated at through traffic highway and or within 65 feet of the center line ofa  designated throught traffic highway.  25    Ordinance No.3 310-202) "Exhibit A"EAR-Based Comprehensive! PlanA Amendments  TOWN OF OCEAN BREEZE EXISTING CRCULATIONMAP Detail  BL:  JENSEN BEACH BLVD STUART  OCEAN BREEZE PALMERDR  SEWALLS POINT  26    Ordinance No 310-2021 ExhibitA A"EAR-E Based Comprehensive! Plan Amendments  TOWN OF OCEAN BREEZE 2035FUTURE CIRCULATION) MAP Detail  By  JENSEN BEACH BLVD STUAR7  OCEAN BREEZE PALMERDR  SEWALLS POINT  27    Ordinance? No, 310-2021 Exhibit A"EAR-B Based Comprehensive! Plan Amendments  HOUSINGI ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  The goal oft this housinge element is toe employ principles, guidelines, standards, and strategies, within the Town's capabilities, that will: (a) meet current and anticipated housingr needs, (b)e eliminate: substandard housing, (c) improve the structural and aesthetic conditions of existing housing, (d) provide for and maintain adequate sites forf future housing, including mobile homes, senior housing, workforce housing, housingf for low-income, very low-income, and moderate-i income families, and group! homet facilities and foster care facilities, including supporting infrastructure, (e) encourage relocation housing, (f) conserve historically: significant housing (if any), (g)e encourage orp participate in! housing implementation programs, where practicable, and (h) promote ar mix ofl housing that preserves thel Town'shistory: and character: asa  safe and affordable place tol live. OBJECTIVE1:  Improve the quality ofl life by promoting adequate, affordable, safe and sanitary housing int the form of mobile homes and possibly other residential unit types, and by promoting improved provisions for services with ane emphasis oni independence ands self-sufficiency. Working directly witht thec owners oft the Ocean Breeze Parkr mobile homep parka and the OceanE Breeze Park West (PUD)F Planned Unit Development property, and using State of Florida and U.S. Census Bureau resources, the Town shall, to the extent feasible, compile andr maintain data and analysis thata addresses: the number and distribution of dwelling units byt type, tenure, age, rent, value, monthly cost ofc owner-occupied units, andr rent or cost toi income ratio, number ofs substandard units, condition of housing, approximate number of households bys size, income range, anda age of residents, as well ast the minimum housing need oft the current and anticipated  futurer residents oft thej jurisdiction.  28    Ordinance No 310-2021 "Exhibit/ A" EAR-Based Comprchensivel Plan Amendments  POLICY1.1  Maintain communication with: allr residents tol keepf fullyi informed oft the needs and requirements oft town  residents andp promote their economic independence.  POLICY1.2  Through its land development regulations, including the use ofF Planned Unit Development zoning (where appropriate), as well as effective application oft the Florida Building Code, Florida Life Safety Code and other relevant codes, the Town. shall: (a) address current and anticipated housing needs, (b) eliminate substandard housing through repaira and replacement, (c) improve the quality and appearance ofe existing housing, (d) maintain adequate sites for future housing, including mobile homes, senior housing, workforce housing, housing forl low-income, very! low-i income, and moderate-income families, and group home facilities and foster care facilities, including supporting infrastructure, (e) encourage relocation housing, (f) encourage the preservation of historically significant housing (if any), (g) encourage or participate in housing implementation programs, (where practicable), including the Small Cities CDBG Program, Weatherization Assistance Program, Community Contribution Tax Credit Program and Brownfield Loan Guarantee and (h) promote a mix of housing that preserves the Town's history and  character asas safe and affordable place tol live.  POLICY1.3  Through its land development codes and regulatory oversight oft the Ocean Breeze Park West Planned Unit Development (PUD) property, the Town shall continue to ensure that all federal, state and local regulations arer met with regard tot thes site's now- closed landfilla area (now remediated and closed to the FDEP's satisfaction) fort the purpose ofr restoringi itse economic use, including housing.  Commented [TO8): Changen reflects DRH Horton'ss state  approvedo cleanup.  POLICY1.4  Top promoting affordable, infill housing, the Towns shall advocatet for credits against Martin County impact fees for any vacant parcels whichp previously accommodated residential living units.  29    Ordinance No3 310-2021 Exhibit A"EAR-E Based Comprehensive! PlanA Amendments  POLICY1.5  Through its land development regulations and oversight oft the Ocean Breeze Park West Planned Unit Development (PUD) property, the Town shall employ policies which encourage connection to Martin County's water and sewer facilities, providing, however, that doing so shall not diminish access to  affordable housing or risk displacement.  POLICY1.6  Through its land development regulations and oversight oft the Ocean Breeze Park West Planned Unit Development (PUD) Agreement, the Towns shalle encourage private and non-profit sectors involvementi in housing production through partnerships or other means and shall: (a) promoting innovative design, site plan or construction: standards, including energy efficiency, to reduce construction costs, infrastructure costs, and operational costs, and (b) encourage grants and other funding possibilities.  OBJECTIVE2:  Provide adequate sites for housing for low and moderate income families and forr mobile homes by: (a) continuing the existing conditions int the mobile home park that provide affordable housing and (b) by review ofa any proposed new development for potential fora additional housings sites forl lowa andr moderate income families, as well as (c) allowing the mobile home park development option for all undeveloped  landi int thel Town. POLICY2.1  Through its land development regulations and oversight oft the Ocean Breeze Park West Planned Unit Development (PUD) Agreement, the Town. shall address thel location of group! homes ort foster care facilities based upon documented need and demand, considering that the entire existing mobile home park providest to allofit its residents manyo oft the services provided by fostera and group homes.  30    Ordinance No 310-2021 Exhibit/ A"EAR-E Based Comprehensive PlanA Amendments  SANITARYS SEWER, SOLID WASTE, DRAINAGE, POTABLE' WATERA AND NATURAL GROUNDWATER. AQUIFER RECHARGE ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  Through private sector development and through application ofi its development regulations, the Town shall continue toe ensure that adequate public services area availablet tor meett thep presenta and future needs  oft thel Town of Ocean Breeze.  SANITARYS SEWER  OBJECTIVE1:  Through continuing cooperation with Martin County Utilities, Te provide for reliable sewage collection  Commented [TO9]: Recordso confirmt thata allp propertiesw with theT Townt the Resort, Seal Walks subdivisiona and Ocean Breezei Plaza) aren nowe entirelyo connectedt totheC County's sanitarys sewers system.  and disposal tor meet the present and future needs ofl Town of Ocean Breeze.  POLICY1.1  Periodically, thel Town Councils shalli identify deficienciesi int thee existings sanitarys sewert facilities ando outline  measurest to eliminate these deficiencies.  POLICY1.2  Allexistings septict tankss shall ber maintained: atal level of service as specified by the conditions of  31    Ordinance No3 310-2021 Exhibit A"EAR-Based Comprehensivel PlanA Amendments  the Health Department permit. All new residential development shall be required to connect to Martin Fhepaehase-pniseMmgOcaSresxePlaashoppinge center shall-continue tost ProMide30000slens erdBy-RimumiOS. Allr newo commercial development may must connect tot MeeMSIRgOeansreeRe Haza pachageplantifdeterasatyinelowningnarstaseesapselysssandaminimum30 regional wastewater: system and shall not impose cost ont thel Town ori its residents.  Countyr regional wastewater systems.  yearuseful lifer remainsent heplant:otherwise,  develepment wille connecttet the Martin County  Commented [T010]: Changer reflectst thet factt thattheold Ocean BreezeP Plazap package plant has beene eliminateda andofthe site'buildingsa ared connectedt tot the County's wastewater system.  POLICY1.3  The Town willo coordinate with Martin County fors sanitary sewers services int the extension oft the regional  systemt tos serve the future development of undeveloped lands.  POLICY1.4  Inc ordert to assuret that future development in Ocean Breezel has adequate sanitarys sewer service tor meet itsr needs, any developer connectingt tot the Martin County system musts submit tot the Town Council, prior toc development: approval, at formal noticet from Martin County Utilities Department indicatingt that system  capacity willl bea available concurrent with thei impacts oft the development.  POLICY1.5  Thel Town adopted thet following level ofs service standards for sanitary sewer:  90 gallons per capita per day (residential) 0.1 gallon pers square foot per day (non-residential)  32    Ordinance No 310-2021 "ExhbitA A"E EAR-E Based Comprehensivel Plan/ Amendments  SOLID WASTE  OBJECTIVE2:  Through its development regulations, the Town shall ensure the adequate provisions of solid waste  collection: services throughp private providers.  POLICY2.1  Thel Town does notp provide solid waste collection: service. The Towny will continue the development tob be serviced by private providers. The Towna adopted thef following! level ofs service standard fors solid waste:  3.5 pounds per person per day (Residential: Single-Family &I Multi- Family) 2.1 pounds per person per day (Residential: Mobile Homes) 0.007 pounds pers square foot per day (Non-Residential)  POLICY2.2  The Town will continue to require development to seek the reduction of solid waste requiring disposal through support of and participation in the recycling program of the solid waste collection service  provider. POLICY2.3  Thel Town shalle encourage: solid waste collection providers to participate int the recycling program.  POLICY2.4  Priort to any development: approvalf forl land west ofthe FECr railroad, a dedicated funding mechanism must bei inp place for solid waste collection service. Solid waste collection: services for the area west oft the FEC railroad: shall noti impose ac costo ont the Town orr residents east oft the FECI railroad.  33    Ordinance No.3 310-2021 Exhbit/ A" EAR-Based Comprehensiel Plan Amendments  POLICY2.5  norder to assure that future development in Ocean Breeze has adequate solid waste collection and disposal service tor meet itsr needs, any developer must submit tot thel Town Council, priort to development approval, a formal notice from an appropriate service provider indicating that system capacity will be  available concurrent with the impacts of the development.  POLICY2.6  The Town will maintain data relating to the amount ofs solid waste generated. The Town will require the  solid waste collection contractors top provide wastet tonnager records.  POLICY2.7  The Town shall cooperate with Martin County, as appropriate and reasonable, in accomplishing the Town's objectives of ensuring the long term solid waste service needs of the Town's residents by conducting analysis oft thei inclusion oft thel limits oft thel Town withini the MSTUS service area oft the County's solid waste service program as ana alternativet tot the current private means ofc collection.  DRAINAGE  OBJECTIVE 3:Adequate stormwater drainage will be provided for protection against flooding and to  prevent the degradation oft the quality oft the receiving waters.  POLICY3.1  The Town shall identify meas sures andj practices necessary tor maintain groundwater quality as provided  bys state regulations.  34    Ordinance No.3 310-2021 "Exhibit/ A" EAR-B Based Comprehensive PlanA Amendments  POLICY3.2  The Town: shall uset the State Water Quality and Constructions policies, ande element of the State Water Quality Management Plan, as a general source for evaluation of water quality. These policies will be  incorporatedi into existing Zoning: andl Land Development Codes.  POLICY3.3  The Town shall coordinate with the Indian River Lagoon Surface Water Improvement and Management (SWIM) planf for thel Indian River Lagoont top protect water quality ofs stormwater run-off.  POLICY3.4  Thel Town willr require, prior top permitting, that allf future new developments' withint thel Town comply with allr requirements oft the Florida Department ofE Environmental Protection (FDEP) and South Florida Water Management District (SFWMD). Redevelopment construction shall adhere to requirements as set forth by FDEP and SFWMD to the extent feasible, prioritizing no displacement of existing residents and  affordability forr new ones. POLICY3.5  The Town will coordinate with State regulatory agencies and the South Florida Water Management District to ensure that all existing and future development within the Town provide and maintain stormwater management facilities ina accordance with regulations and requirements ofs sucha agencies and that existing conditions which arei in conflict with such regulations and requirements be mitigated in  accordance therewith.  35    Ordinancel No3 310-2021 Exhibit A'EAR-Based Comprehensive! PlanA Amendments  POTABLE WATER  OBJECTIVE4:  Thel Town shalls support Martin Countyi ini itse effort tor maintaina accesst tor rawv water supplys systems tor meet the Town's future potable water needs and maintain adequate reserve capacity tor meet all Federal and  State drinking water regulations. POLICY4.1  Beforei issuance ofac development order orp permit, the Town will determine that service can bes supplied byt thep proposed development without reducing thel level ofs service for potable water belowt the adopted  level ofs service standards:  100 gallons per capita perc day consumption (residential) 0.1 gallon pers squaref foot per day non-residential)  POLICY4.2  -No potable water wells shall be permitted int the areas designated Low or Medium Density Residential or Commercial onf futurel land user maps sol longa asp potable wateri isa availablei froma a regional source. Water wells forp purposes othert than! humand consumption (sucha asla lawns sprinkling) mayb bep permitted wheres such wells would nota adversely affect natural resources ori increase saltwateri intrusion.  POLICY4.3  The Towny willo coordinate with Martin County's plan tos set separate levels of servicei int thei futuret fore each  regional water plant andi itss service area.  36    Ordinance! No 310-2021 Exhibit/ A"EAR-B Based Comprehensive! Plan Amendments  POLICY4.4  The Town will promote water conservation by requiring that all new construction and all remodeling activities utilize fixtures conforming to the Florida Building Code standards for water efficiency and conservation. The Town will encourage that new construction features include water-saving plumbing  fixtures. POLICY4.5  Thel Town will promote community awareness regarding water conservation, ther necessity ofx xeriscaping concepts and temporary water user restrictions wheni imposed byt the Countyt through publicr notice.  POLICY4.6  The Town's potable water service isp provided by the Martin County Consolidated Water System. Martin Countyh hasi includedt the Town'sestimated populationa andi water demand projectionsi int the Martin County Comprehensive Growth Management Plan data and analysis. The Town adopts by reference the Martin County Water Supply Facilities Work Plan, as updated on. July 10, 2012. The Town will coordinate with Martin County on population projections, water demands, water conservation, and alternative water  supply asr needed. POLICY4.7  The Town shall coordinate with Martin County in the County's wellfield protection program should  wellfields bei identified withint the Town's! boundaries.  OBJECTIVES:  Through the Town's Future Land Use Map and land uses policies, the Town will encourage infill development and redevelopment which will maximize the use ofe existing facilities and discourage urban  sprawl.  37    Ordinance) No3 310-2021 Exhibit/ A" EAR-Based Comprchensivel Plan Amendments  OBJECTIVE 6:  The Town. shall take reasonable means top protect the functions ofr natural recharge areas and drainage features toe ensure ana adequate supply ofr recharge waters tot the surficiala aquifer.  POLICY6.1  Land use and development: shall be regulated top protect the functions ofg groundwater recharge areas by continuing to comply with all Department of Environmental Protection (DEP) and South Florida Water Management District (SFWMD) regulations and requiring a minimum of 35% open space in residential areas and 25% open space in commercial areas in allr new development. Redevelopment construction shall adhere to the requirements of this policy to the extent feasible, prioritizing no displacement of  existing residents and affordability for newo ones,  POLICY6.2  Thel Towny will coordinate with Martin Countya andt the South Floridal Water Management District top protect areas within thel Townt thata are foundt tot bes significant recharge areast through land use controls ando other  appropriate means. POLICY6.3  The Town willp protect the functions of any natural drainage features (such as wetlands, natural outfalls,  andr natural drainage ways)t through appropriate design ofr new development.  POLICY6.4  Land use and development shall be regulated to protect the functions of drainage features through application of the requirements of the South Florida Water Management District and new land development regulations which incorporate such measures: as: a) vegetated littoral zones, b)! landscaping  38    Ordinance No 310-2021 Exhbit/ A"E EAR-Based Comprehensive! PlanA Amendments continuedi function ofr natural drainage features.  design that protects the natural permeability of soils, and c) drainage system design that supports the  39    Ordinance? No 310-2021 "Exhibit A"E 'EAR-E Based Comprehensive! PlanA Amendments  COASTAL MANAGEMENT ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  To reduce the vulnerability of people and property tot the effects of hurricanes, flooding. sea level rise Commented [TO11]: PerlofFiooding-basec changed.  and other emergencies and to protect and enhance the biological health of the Indian River Lagoon  estuary. OBJECTIVE1: other emergencies. POLICY1.1  To evacuate or shelter alll Town residents in order to protect them from the effects of hurricanes and  Through its coordination with Martin County's Emergency Management Services Department, the Town shalle ensure that residents are notified oft thel location oft the designated: shelter and1 the route oft travelin the event ofa and order to vacate due tot thet threatl level ofa ana anticipated: storm or other emergency.  POLICY1.2  Thel Town shall encouragel Martin Countyt to maintain adequate shelter spaces tos servet the Ocean Breeze area and work closely with Martin County Emergency Management Services Department tol locate and  secure additional shelter spaces. POLICY1.3  Any new mobile home development within the Low Density Residential or Medium Density Residential land use categories shall include a designated shelter appropriate for use during a hurricane or other  40    Ordinance No3 310-2021 ExhibitA A"EAR-Based Comprehensie Plan Amendments  emergency constructed in accordance with the standards established for such a structure by Martin  County. POLICY1.4  Int the event of and ordered evacuation by authorized: State or County officials, the Town shall cooperate with said order and assist to the extent feasible. Further, the Town shall encourage special needs residents to register for the Martin County Public Safety Department early evacuation transportation  program. POLICY1.5  The Town shall assist the Martin County Emergency Management. Services Department ina assuring that publici informationi may continue tob be developeda and disseminated! byt this officed onv whos shoulde evacuate; how toe evacuate and what services are availablei fori the populationi inah hurricane ord othere emergency.  OBJECTIVE2:  Top properly managet the Town's coastal area, protect life and property from hurricanes and minimize the  impacts ofr new development on emergency evacuation times.  POLICY2.1  Thel Town will continuet toe enforce existing provisions off flood plain ands stormwater management plant to  control run-off from CR-707 (Indian River Drive) tot thel Indian River Lagoon.  POLICY2.2  Immediate repair and clean-up actions needed to protect the public health and safety shall receive first priority in emergency permitting decision. These actions include repairs to facilities for transportation  41    Ordinance! No 310-2021 Exhibit A"EAR-Based Comprehensivel Plan Amendments  (roadways), sanitary sewer, potable water, waste water and power facilities; removal of debris; and stabilization of any structures whicha are at threatt to collapse and constitute: al hazard.  POLICY2.3  Structures which suffer damage shall ber restored by owners to existing condition prior to storm, and all such restoration shall comply with the current zoning and construction requirements. Structures which are not repairable shall be demolished and removed. Structures whichs sufferr repeated damage and are proposed to be rebuilt, may be required to rebuild landward of their current location or modified in  structure to avoid future damage. POLICY2.4  The Town's land development regulations shall continue toi include provisions to ensure that required infrastructure isa available tos serve development and redevelopment ina accordance with adopted level of service standards, sound practices ofc coastal resource protection, and safe evacuation.  POLICY2.5  Through cooperation with Martin County, Treasure Coast Regional Planning Council and through its development regulations, the Town shall apply policies whichr maintain or reduce evacuation clearance  times. POLICY2.6  On continuing basis, the Town shall identify any areas needing redevelopment, containing unsafe conditions or, or containing land uses thati itf finds inappropriate in vulnerable: areas.  POLICY2.7  With the exception ofi improvements that enhance waterfront access for the Town's residents, improve water quality, or restore native habitat, the Town shall limit its expenditure of public funds for capital  42    Ordinancel No 310-2021 "Exhibit A"EAR-Based Comprehensivel PlanA Amendmenis  improvements (or the maintenance thereof) that fall within the Coastal High Hazard Area (CHHA). Inr no instance shall thel Town adopt ore enforcep policies whicho disrupt ort threaten the continued use ofe existing (and replacement) homes on the east side of Indian River Drive. The Town shall prohibit commercial marinas, including commercial: anchorages. However, throughi itsl land development regulations and PUD agreements, the Town may allow less intensive waterfront uses such as fishing piers, public access platforms, day-docks orl longer-term dockingf facilities, designed tos serve Town residents, att the Town's  discretion under thet terms ofap planned unit development: agreement.  POLICY2.8  Thel Towns shalll limitp public funds tos subsidize development inc Coastall High HazardA Area (CHHA) othert than expenditures necessary to achieve the objectives and policies oft the Comprehensive Plan.  POLICY2.9  The Towns shall definei its CHHA ast the area required by Florida Statutes.  POLICY2.10 POLICY2.11  The Town shall cooperate and coordinate with Martin County as well as State agencies in an effort to  protect andp preserve existingr natural systems.  43    Ordinance! No 310-2021 Exhibit A" EAR-Based Comprehensne! Plan Amendments  POLICY2.12  The Towna adoptst the objectives andp policies ands supports thei implementation oft thel Indian River Lagoon Comprehensive Conservation and Management Plan and. Jensen Beach to Jupiter Inlet Aquatic Preserve  Management Plan. OBJECTIVE3:  Throughi its land development regulations, the Town shall continue to encourage existing and expanded  accesst tot thev waterfront, where appropriate.  POLICY3.1  Through its development regulations, the Town shall continue to encouraget the: access to the shoreline oft the Indian River lagoon to current and future residents and visitors asi is currently provided fori in the  Town. OBJECTIVE4:  To establish levels of service, service areas and phasing ofi infrastructure to ensure that adequate public facilities and services are available to current andi futurer residents and visitors oft the Town.  POLICY4.1  The Town's development approval process shall require that allf future development and redevelopment provide necessary infrastructure att the time thei impact occurs, without a cost impact to the Town. The infrastructure: shallt bep provideda att the adoptedl levels ofs service ase established int this Comprehensive Plan for Transportation Element, the Infrastructure (Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge) Element and the Capital Improvements Element. The  infrastructure: shall protectr naturalr resources.  44    Ordinance) No3 310-2021 Exhibit/ A'EAR-Based Comprehensivel PlanA Amendments  OBJECTIVES:  To protect, conserve and enhance coastal wetlands and living marine resources, and to maintain or improve existinge estuarine quality and productivity byp prohibiting anyf future change ora activity that would  have a detrimental effect. POLICY5.1  The Town shall coordinate review of estuarine shoreline development with appropriate Federal, State, regional and locala agenciest to prevent irreparable ori irretrievable loss ofr natural resources int the coastal  zone. POLICY5.2  Through its development regulations, the Town will actively support protection and conservation of coastalr natural resources including manatees, sea turtles, seagrass beds and mangrove strands.  POLICY5.3  Throughi its development regulations, the Town will coordinate with the appropriate: agencies in orderi to ensuret the protection ofi its coastalr naturalr resources,i including manatees, seat turtles, seagrass beds and  mangrove: strands. POLICY5.4  The Town shall maintain and enforce provisions to protect its coastal natural resources, including manatees, sea turtles, seagrass beds, and mangrove strands, ini its development regulations.  POLICY5.5  Thel Town will coordinate with the South Florida' Water Management District (SFWMD) toe ensure that all future new developments meet stormwater retention criteria and requirements of that agency.  45    Ordinance: No,3 310-2021 "Exhibit A" EAR-E Based Comprehensie! Plan Amendments  Redevelopment construction: shall adhere tot the criteria and requirements as setf forth byt the SFWMDto the extent feasible, prioritizing no displacement ofe existingr residents and affordability for new ones.  POLICY5.6  All additions tol landscaping along the shoreline oft the Indian River Lagoon shall consist of native species  or> xeriscape materials. OBJECTIVE6:  The criteria for prioritizing shoreline uses shall be based upon public benefit to current and future residents oft the Town. As alls shoreline oft the Towni is currently developed for public access, recreation and residential uses, these uses shall remain the highest priority until such time as redevelopment may be considered. Should redevelopment be considered in the future, the highest priority shall be givent to  water related and water-dependent uses.  OBJECTIVE7:  On continuing basis, the Towns shall review its Comprehensive Plan and other relevant plans as needed,  top provide forp post- disaster redevelopment, the Town shalla atar minimum:  Provide fore emergency building, permits;  b. Coordinate with Federal and State officials top prepare disaster assistance: applications; Analyze and recommend tol Town Council hazard mitigation options including abandonment,  reconstruction, orr relocation ofc damaged publicf façilities d. Pleparearedevelopment: plan; and  e. Recommend: amendments tot the Comprehensive Plan and other appropriate plans.  46    Ordmnance No 310-2021 Exhibit A"EAR-Based Comprehensivel Plan Amendmenis  Objective 8: 163.3178210,1-6.  Commented [TO12]: New languagea andn mapa areir intendedto meeto Chapter 163317812,001-6FS.  Toa address the perils off flooding associated with development: and redevelopment activities withint the Town's Coastal Impact Area (CIA), the Towns shall adheret to Florida Statute Chapter  WT dfOcean Breeze Coastal ImpactA Area (CIA/2021  I  Policy8 8.1  As called for by Florida Statute Chapter 163.3178/2)6). to address the perils ofi flooding associated with development: and redevelopment: activities within the town's coastal impact A.A Apply principals, strategies, ande engineering. solutions las opportunities arise) that reduce flood riski inc coastal areas which resultf from high-t tide events, storm surge. flash floods stormwater runoff and the related impacts of sea-levell rise. Specially, the town shall: (1.continue its participation in FEMA's national floodi insurance program, including rigorous application oft the Town's FEMA- based flood prevention Ordinance No. 221-2015 as may be  area, the town shall  amended from time tot time and  47    Ordinance! No.3 310-2021 "Exhibit/ A"EAR-E Based Comprehensive! PlanA Amendments  (2/require effective and continuous maintenancer oft the Resort'sexisting seawall alongthe Indian River Lagoon and wheret feasible encourage additional: shoreline protection improvements: such as riprap, ther planning of native vegetation or other environmentally sound methods of shoreline protection should an opportunity arise to dos so,and (3) prohibit the location of hospitals, nursing homes, and assisted living facilities int the coastal B. Encourage the use of best practices development and redevelopment principals. strategies and engineering solutions that willr result int the removal of coastal real property fromf flood zone designations established by the Federal Emergency Management Agency. Specifically, the (I)encouraget that further development intended for occupancy within the coastal impact area bel limited tor modular andr manufactured residences only, which are easier and less costly to C.Identifys site development: techniques and best practices that mayreduce losses due to flooding claims made under flood insurance policies issued int the state. Specificaly: the town (1/continuel its participation in FEMA's national flood insurance program, including rigorous application of the Town's FEMA-based flood prevention Ordinance No. 221-2015, asmay be (2)continue Yrs active participation: in/ Martin County's Local Mitigation Strateay (LMS) Program, including its advocacy forl locally developed projects which advance flood protection, improved 13)Specifically, upon considering ar request for an amendment to a development order involving aproperty whichi is wholly or partially! located withint the Coastal Impact Area (CIA). thel Town shall encourage ana applicant maintaining common recreational buildings to install an emergency electrical generator or generators sufficient to temporality: accommodate residents oft thes subject property following as storm event or other emergency. (4)Thef floodplain administator/pulding official shall review all permit applicationsto determine whether proposed development will bei reasonably safe from flooding D.Bec consistent with, or more stringent than, the flood-resistant construction requirements! in the Florida Building Code and applicable flood plain management) regulations set forthi in44 ERequire that any construction activities seaward oft the coastal construction control lines established pursuant to Section 161.053,F.S. be consistent with Chapter 161: F.Encourage participation in the! National Flood Insurance Program Community Rating System administered by FEMA to achieve floodi insurance premium discounts for residents.  impact area.  towns shall:  relocated thans site- built structures.  shall:  amended from time tot time, and  shelter facilities, evacuation. routès, regiondl storm water  C.F.R.part60.  48    Ordinance) No3 310-2021 Exhibit A"EAR-Basedc Comprehensivel PlanA Amendments  Z  49    Ordinance' No3 310-2021 Exhibit A"EAR-Based Comprehensive! Plani Amendments  CONSERVATION ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1:  Top preserve ande enhance the quality oft the naturale environment through preservation, conservation, and appropriate management oft the vitalr natural resources sot that the economical, environmental, social and aesthetic values that they provide tot the community: are preserved: ande enhanced.  OBJECTIVE1:  The Town shall protect the natural functions of the 100-year floodplain to maintain its current flood carrying and flood storage capacity and tor minimize damage top property caused! byf flooding.  POLICY1.1  Wherever ine existence, naturals shoreline buffers ors setbacks shall ber maintainedi fors surface waterk bodies, thee extent ofv which will depend on, at minimum, existings soils; cover andt type ofv vegetation; topography, wildlife habitat; ambient water quality; andt the protective status oft the water body.  POLICY1.2  The Town shall retaini ini its Flood Plain Ordinance the provisiont thata any fillinga activity withint the: 100year  floode elevation must be mitigated by compensating storage on-s site.  POLICY1.3  The Town shall improve, maintain or restore surface water quality consistent with relevant Federal and State standards. No development order willl bei issued which result in degradation oft the receiving water  50    Ordinance) No 310-2021 Exhibit/ A"E EAR- Based Comprehensivel Plan Amendments  body below the minimum conditions necessary to assure the suitability ofv water fort the designated use  ofi its classification byt the Department of Environmentall Protection.  POLICY1.4  The Town: shall monitori itsf floodplain ordinance for effectiveness and review the ordinance atl least once everyf fivey years. Its shouldb ber reviewedi for consistency withe established FederalEmergencyl Management Agency (FEMA) floodi insurance guidelines, rates, and maps, as well ast the latest SFWMD's stormwater  ordinance criteriaf foundi ins SFWMDI Permit Manual IV.  POLICY1.5  The Town shall continue to ensure effective stormwater management. and flood prevention throughout the Towni through application ofi its Zoning and Land Development Code and Code of Ordinances.  OBJECTIVE2: POLICY2.1  Thel Town: shall continue top protect ands sustain ambient air quality.  Cooperate with Martin County and state agencies to ensure that air quality standards are met and/or  exceeded1 top provide fora a cleaner environment.  POLICY2.2  Ensure that development meets ore exceeds the minimum: air quality standards established by the Florida  Department ofE Environmental Protection (FDEP)  POLICY2.3  Prohibit un- permitted burning oft trash and debris withint the Town.  51    Ordinance No 310-2021 "Exhibit A" EAR-Based Comprehensive! PlanA Amendments  OBJECTIVE3:  The Town shall coordinate with the SFWMD: and Martin County to address current andf future water use, traditional anda alternativer waters supply sources and water conservation: strategies while sustainingy water  quality, water quantity andp protection ofs surface and ground waters.  POLICY3.1  Allr new development shall comply witht thes stormwater quality standards ass setf forth! byt the South Florida Water Management District (SFWMD). Redevelopment construction: shalla adhere tot the: standardsasset  forth byt the SFWMDI tot the extent feasible.  POLICY3.2  The Town's potable water service is provided by the Martin County Consolidated Water System. Martin County! hasi included thel Town'sestimated, populationa and water demand projectionsi int thel Martin County Comprehensive Growth Management Plan data and analysis. The Town adopts by reference the Martin County' Water Supply Facilities Work Plan, as updated on July 10, 2012. The Town will coordinate with Martin County on population projections, water demands, water conservation, and alternative water  supply as needed. POLICY3.3  The Town shall coordinate the planning of potable water and sanitary sewer facilities, water supply sources, demands, other services and level-of-service standards with the Martin County Utilities  Department, Martin Countya and SFWMD.  52    Ordinance No 310-2021 "Eshubit A"EAR-E Based Comprchensive! PlanA Amendments  POLICY3.4  Ifin the future there are issues associated with water supply, conservation or reuse the Town will immediately contact Martin County Utilities Department and Martin County. Ina addition, the Town will follow adopted communication protocols with the Water Utilities Department to communicate and/or prepare an appropriate action plan to address any relevant issue associated with water supply,  conservation orr reuse. POLICY3.5  The Town wille encourage the use of Florida Friendly Landscape guidelines and principals and the use of porous surface materials (mulch, pervious concrete, gravel) on walkways and driveways.  OBJECTIVE4:  To protect, conserve and appropriately use soils, native vegetative communities, wildlife and wildlife habitat and marine habitat resources ina accordance with State and Federalregulations.  POLICY4.1  The Town shall require new development to consider hydrologic, topographic, and vegetative cover factorsi in their development plans through negotiated planned development agreements.  POLICY4.2  Continue current shoreline management practices, as described in this plan, and require new development to demonstrate by data, analysis and design that development plans accommodate appropriate protection, conservation and use. New development. shall bep planned, tot the extent feasible, to conform to any review, comment: andi recommendations regarding protection ofr rare, endangered or special concern species of plants and animals, from the U.S. Fish and Wildlife Service and Florida  53    Ordinance No3 310-2021 Exhibit A"EAR-B Based Comprchensive! Plan Amendmenis tob by the Town priort to development approval.  Department ofE Environmental Protection (DEP). Such comments and recommendations. shall be provided  POLICV43  Based upon available nformatonregrdinss the pessibilityof hazardous mat terials A the Town's closed management of the- elosed landfil based upon- DEP-regulations- and recommendations-s and 12) shall continue te dispose-ofhasardousy wastes by utilizing thes services-of the Martin-County franchised solid: hauler, Amnesty Day-programs- onducted-y-Marts County -mev-m-ewee recommended- by DER-As part of any development application- for any tract of land- encompassing the  Aw-wee servicesn  ure-remowar-or  clesedandll, theapplcant fore development shat  ance-witht tederal,state ndleea  regulation OBJECTIVES:  Commented (T013J:languageiss superfluousd duetothe HaamrpEPamracaun  To protect native upland vegetative communities through the site plan review process and negotiated  planned development agreements. Policy! 5.1  Through its continued enforcement of the, 2016 Oceon Breeze West PUD Preserve Area Maintenance Plan" (PAMP) approved undert the Ocean Breeze West Planned Unit Development (PUD)A Agreement.t (The  Formatted: Font: Italic  Towny will protect Sand Pine Scrub communities! by. requiring native upland preservation where shown on. Commented [TO14]: TheP PAMPO obligest thec deveiopera and  eventuallythe! Seawalk! Homeowners Assoclationt toperpetually maintaint thea areair inc question.  Existing Land Use Map. POLICY5.2  Ap program for the removal ofe exotic pest species (e.g., Brazilian pepper, Melaleuca, and Australian pine) from public lands and the requirement ofr removal, inar mannert thatp preventst thes spreada andr reoccurrence  54    Ordinance No3 310-2021 ExhibitA A"E EAR-Based Comprehensive Plan/ Amendments  of such species, shall bei implemented through land development regulations and actions and services  provided by thel Town Council. POLICY5.3  The Town shall coordinate with Martin County to encourage contiguous and connected preserve areas within Martin County along the common boundary between the Town and Martin Countyt to maximize  habitat value. POLICY5.4  Gopher tortoises shall bep preserved ons sitet tot thee extent oft the carrying capacity oft the required preserve as determined bya applicable State permitting agencies. Allr remainings gopher tortoises shall be relocated  off-site unless otherwise permitted by State permitting agencies  OBJECTIVE6: Policy 6.1  Thel Town: shall seek tor reduce greenhouse gas emissions and conserve energy resources.  The Town shall limit greenhouse gas emissions through the implementation of strategies to reduce the number of vehicle miles traveled. These strategies include: the promotion of compact mixed use development that provides for a mixture ofr residential: and non-residential uses ina a pedestrian friendly  environment.  55    Ordinance No.3 310-2021 Exhibit/ A"EAR-Based Comprehensive Plan, Amendments  56    Ordinance) No 310-2021 "ExhibitA A" EAR-Based Comprehensivel Plan Amendments  RECREATION. AND OPEN SPACE ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL: 1:T To provide sufficient recreation: and open space opportunities tos satisfy the health, safety, and  welfare concerns ofr residents and visitors.  OBJECTIVE1: River Lagoon. POLICY1.1  The Town will ensure adequate and safe access to public recreation facilities and sites, including Indian  The Town will ensure, through its Zoning and Land Development Code and/or PUD agreement, that redevelopment of mobile! homep park plani identifiesas sitef for recreationi facilities (equald org greater ina area)  tor replace what which willb bel lost. POLICY1.2  The Town's shall ensure, through its Zoning and Land Development Code and/or PUD: agreement, that open space andr recreation facilities aree efficiently anda adequately provided fort ther number ofu unitsi int the  mobile home park development. POLICY1.3  The Town wille encourage the preservation ofc current access tot the shore oft the Indian River Lagoon and other recreation: sites ini the Town withouta a user fee or charge to Town residents.  POLICY1.4  Ina areas designated: asl low and medium densityr residential ont thef futurel land use map, the recreation LOS shall be2 2.0 acres per: 1000 population asr measured within the North Martin County Recreation Planning  57    Ordinance) No 310-2021 "Exhibit A" EAR-Based Comprehensive Plan Amendments  Area orp provided ons site. Ifanc onsite recreational facilityi is provided, the recreational facility must meet Martin County: standards as protection from hurricanes. In addition, allf future new development shall contribute tol Martin County the appropriate Countyi impact fee or ane equitable donation ofl land and/or  facilities orf fundsf forl land purchase. POLICY1.5  New development int the Town should either providef for recreation facilities or contribute tot the County  to cover provision ofc community park facilities.  POLICY1.6  The cost ofp providing recreation facilities west oft the FEC railroad willl be the obligation oft the developer  or his successors or assigns, and will noti impact thel Town budget.  OBJECTIVE2  Ensure they provision of open space by public agencies and private enterprise by use ofr minimum! buffer, opens space and natural reservation requirements for new development, and by preservinge existing open  space and watera accessi int the developed portions oft the Town.  POLICY2.1  The Town will maintain and enforce requirements addressing "open space" in its land development regulations, ande ensure theser requirements will ber met bya allf future developments.  POLICY2.2  The Town willr maintain ori improve existing levels ofs shore access anda accesst tov waterways byt thes specific implementation programs or activities supporting policies of the Coastal Management Element oft this  Comprehensive Plan..  58    Ordinance No 310-2021 Exhbit A"EAR-Based Comprehensive! Plan Amendments  INTERGOVERNMENTAL COORDINATION ELEMENT GOAL, OBJECTIVES ANDI POLICIES  GOAL1  The Town of Ocean Breeze shall strive to achieve maximum coordination with other governmental  jurisdictions, agencies, and entities. OBJECTIVE1:  The Town will participate in effective coordination of the Comprehensive Plan with the plans of State, regional, Martin County and agencies having responsibility for planning and operating facilities serving  the Towns soa as toa achieve efficient and orderly service delivery.  POLICY1.1  The Town will communicate with affected local governments and public agencies to request plans, amendments, policies and related information and provide, reciprocally, such information as may be  requested byt them. POLICY1.2  The Town will maintain supporting document that include data and analysis to clarify and elaborate on the rationale for adopting the goals, objectives and policies of allt the elements of this Comprehensive  Plan. POLICY1.3  The Town Mayor shall provide overallo direction fort the Town'si intergovernmental coordination program and designate persons tol have lead responsibilityt for each identified coordination issue.  59    Ordinance) No 310-2021 "Exhibit/ A"E EAR-Based Comprehensive! Plan Amendments  POLICY1.4  Int thee event of conflict with other units ofl local government, the Towns shall work through Treasure Coast  Regional Planning Councilt to achieve solutions throughi informal mediation.  POLICY1.5  The Town shall identify and coordinate anticipated future annexation areas with Martin County and  surrounding municipalities. POLICY1.6  The procedure to resolve annexation issues can be coordinated through use the informal mediation process of the Treasure Coast Regional Planning Council tor resolve disputes or conflicts with otherl local  governments. POLICY1.7  The Town Mayor shall, under the general direction on the Town Council, monitor intergovernmental coordination needs, provide relevanti information1 tot the Council members and outside agencies asv wellas the citizens oft the Town regarding alls services securedi from outside oft Town, including but not limitedt to potable waters servicel by Martin County Utilities, fire protection, policep protection: and emergency medical services by Martin County, by applicable agreements so ast to assurei informed and timely communication and participation ini interjurisdictional service-related decision andi implementation oft those decisions.  POLICY1.8  The Town shall coordinate the: adopted Comprehensive Plan with the units ofl local government providing services but not having regulatory authority over the use ofl land, and with the comprehensive plan of adjacent municipalities, with the State comprehensive plan and with the South Florida Water  Management District's regional water supply plan.  60    Ordinance! No 310-2021 "Exhibit A" EAR- Based Comprehensivei Plan Amendments  POLICY1.9  The Town shall coordinate the planning of potable water and sanitary sewer facilities, water supply sources, demands, and other services and level-of-service standards with the Martin County Water  Utilities Department and South Florida Water Management District.  POLICY1.10  Thel Town shall participatei inp providingi input to Martin County Board of County Commissioners regarding emergency planning and assist inp planning andi implementing evacuation routes, as appropriate.  POLICY1.11  The Towns shall continue toa adheret to Treasure Coast Regional Planning CouncilE Emergency Preparedness  Plana and Martin County's Emergency Plan.  POLICY1.12  The Town shall coordinate its proposed level of service standards with the level of service: standards of other governmental entities (local, regional or state)) having responsibility for operating orr maintaining  servingt the citizens oft thel Town. POLICY1.13  The Town shall coordinate planning and development activities with agencies and other units of! local government providing essential services tot the Town and which dor not have regulatory authority over land use, to ensure coordination int the provision ofe essential services pursuant to the adopted level of  service standards.  61    Ordinance No.3 310-2021 Exhibit/ A" EAR-B Based Comprehensivel PlanA Amendments  POLICY1.14  The Town shall coordinate planning activities, as needed, with the Treasure Coast Regional Planning  Council and utilize the professional resources ands servicesi ito offers.  POLICY1.15  The Towns shall coordinate planninga activities, asn needed, with the Department ofE Economic Opportunities (DEO)a and utilizet thep professionalresources: ands servicesi ito offers. The Comprehensive Plans shall maintain  consistency with the goals and policies oft the State Comprehensive Plan.  POLICY1.16  The Town shall support the development and adoption of interjurisdictional natural resource  management planf fori Indian River Lagoon.  POLICY1.17  The Town shall continue to coordinate with South Florida Water Management District to promote the provisions oft the Indian River Lagoon Comprehensive Conservation: and Management Plan.  POLICY1.18  The Town shall coordinate planning and permitting activities, as needed, with the Department of Environmental Protection (DEP) which! has jurisdictional authority over environmental issues andr natural  resources protection. POLICY1.19  The Town shall coordinate with the Department of State, as needed. The Department's Divisional of Historic Resourcesv willa address planningi issues surrounding! historica and archeological sites ofs significance.  62    Ordinance) No 310-2021 "Exhibit/ A"E EAR-BasedC Comprehensive PlanA Amendments  POLICY1.20  The Town shall request tot bec consulted by FDOTV whenp planning, designing, or constructing transportation facilities within thel Town boundaries, 5o ast to! havel local inputi int the decision making process.  POLICY1.21  The Town shall continue to coordinate with local, state and federal entities on evacuation plans fora natural disaster or ane emergency: att ther nuclear power plant on Hutchinson Island, top protect the general  welfare, public and private property, and human! lives.  POLICY1.22  The Towns shall adheret tot the Floridal Radiological Emergency Management Plani for Nuclear Power Plants and follow sectiont titled' "Annex RSt. Lucie Site Plan" oft the Plan regarding coordination among counties  duringa ane emergency: att the St. Lucie Nuclear Power Plant.  POLICY1.23  New development shall bes subject to applicable Martin County and Martin County School Board impact fees. Town shall advocate. for. credits against Martin County and School Board impact fees for vacant  Commented [ro15): Changer reflectst theT Town'sr requirements under! Its current PUDa agreements thatt both! Martin Countya and Schoole Boardl Impactf fees, whena applicable, must bep paidp priorto  parcels which previously accommodated residential living units.  development: approval.  POLICY1.24  Int the event new development ont the west side oft the Florida East Coast Railroad right of way changes the Town'scurrent designation ase exempt from thes schoolconcurrency: said development: shall bes subject  toc concurrency review and approval byt the Martin County School Board.  63    Ordinance) No3 310-2021" Exhibit A"E EAR-Based Comprehensive! PlanA Amendments  OBJECTIVE2:  The Town shall collaborate and coordinate with Martin County Community Redevelopment Agency for active participation int the revitalization oft the. Jensen Beach Community Redevelopment. Area (CRA).  POLICY2.1 Agency. POLICY2.2  The Town shall establish a mechanism to provide input to Martin County Community Redevelopment  The Town/CRA should seek to develop a comprehensive effort in branding and advertising promotional activities and other marketing techniques to attract pedestrian traffic into Town and utilize waterfront  property inT Town.  64    Ordinance: No3 310-2021 "Exhibit/ A'EAR-E Based Comprehensive! Plan Amendments  CAPITAL IMPROVEMENTS ELEMENT GOAL, OBJECTIVES ANDF POLICIES  GOAL1:  Provisions of public facilities to enable the Town to: (1) accommodate the needs of present and future populations ina at timely and efficient manner; (2) maximize use of existing facilities; and (3) maintain or enhance the Town's services, physical environment, andi fiscal decision making.  OBJECTIVE1:  The Town shallg guidet the process ofp planning andi implementing the necessary public facilities projects to meet existing deficiencies and replace obsolete facilities to createl high quality of life for the residents.  POLICY1.1  Thel Town Council ist tor review ona ana annual basis the need for capitali mprovements, anda a capital budget asp part oft the annual budget. Shoulda a capital budget become necessary to upgrade public facilities and services to meet level of service standards in the future, fiscal policies will be established as an amendment tot this Comprehensive Plani to direct spending consistent with the other plane elements.  POLICY1.2  The Town will be guided by thet following criteria ini identifying andp prioritizing capitali improvements:  a. Protection ofp public health ands safety; facility operation;  b. Increased utilization ofe existing Town facilities, multiple use off facilities ori improved efficiency of  65    Ordinance No 310-2021 "Exhbit/ A"EAR-B Based Comprehensivel Plan Amendments Overcome existing! level ofs service deficiencies; d. Impact upon local budget; Financial feasibility;  Meetr requirements off future development and redevelopment facility demands; and Positive contribution to the Town's physical character, economic stability, or environmental  quality. POLICY1.3  The Town supports coordination ofc capital improvement planning by alll levels ofe government asar means  ofp providing services ina allo orderly, economical, ande efficient manner.  POLICY1.4  The Town may expend funds for replacement and restoration ofe existing public facilities int the Coastal  High! Hazard Area. POLICY1.5  Through its development approval process, the Towns shalle encourage new construction, restoration and maintenance of public facilities, including recreational opportunities in the Coastal High Hazard Area  (CHHA). OBJECTIVE2:  The Town will issue development orders, permits and certificates of occupancy only tot the extent1 that level of service standards setf forth int this element are fully met and thes servicei is provided concurrent witht thei impactso ofc development. Phasingofd development orp phasingofhahtymprovementsconcument  withi thei impacts of development shall bec considered.  POLICY2.1  66    Ordinance No.3 310-2021 "Exhibit/ A" EAR-Based Comprehensivel PlanA Amendments development ordersa and permits forr new construction:  The level of service standards set forth herein are adopted as the basis for the Town's issuance of  Facility Space Facilities  Level of Service Standard  Recreation and Open 2.0 acres per 1,000 population for land designation asl low andr medium  density residential ont the Future Land Use Map (1) Indian River Drive (CR707) (2) Jensen BeachE Blvd. (CR-707A)  Transportation Facilities County Roadways:  "D" "D"  *Martin County: 2013 Roadway Level of Service Inventory Report *If facilities within Martin County are shown to operate below their required levels of service, payment of the development's fair share contribution to the impacted roadway: system in addition to the payment oft the appropriate Countyi impactf fees shall be deemed adequate tor meet the level ofs service standards oft the Comprehensive Plan. Service provided byp private contractor: 3.5 pounds perp person per day (Residential: Single-Family: and Multi- 2.1 pounds perp person perc day (Residential: Mobile Homes) 0.007 pounds per square foot per day (Non- Residential) 90 gallons per capita per day (residential) 0.1 gallon per square foot per day (non-residential)  Solid waste facilities  Family)  Sanitary seweri facilities Services provided by Martin County Utilities:  *All existing septic tanks shall be maintained at a level of service as specified by the conditions of the Health Department permit. All new development shall ber required to connect tor regional wastewater system. Service provided by Martin County Utilities: 100 gallons per capita per day consumption (residential) 0.1 gallon per squaref foot per day non-residential) *Nop potable water wells shallb be permitted int thef future development area oft the town sol long as potable water is available from a regional source. Wells for purposes other than human consumption (such as lawn sprinkling) may bep permitted wheres such wells wouldr not adversely affect natural resources ori increase saltwater intrusion.  Potable water  67    Ordinance No 310-2021 "Exhibit A" EAR-Based Comprhensivel PlanA Amendmenis  Drainage facilities  Allr newp projects sites shall control thei timing of discharges top preclude any off-site impact for any storm event. The peak discharge rate shall not exceed the predevelopment discharge rate for the 25-year frequency,3-  day durations storm event. *Martin County Comprehensive Plan  POLICY2.2  Each future development project within the Town shall be required to bear the cost of facility improvements necessitated byt thep projecti in order tor maintain adopted level ofs service standards.  POLICY2.3  The Town will maintain and enforce provisions within its land development regulations requiring that improvements willl ber made top publici facilities toa assure that level ofs service standards willl ber maintained and that development orders and permits will bei issued only if public service and facilities needed to support the proposed development are available concurrent with impacts. Negotiated Planned Unit Development (PUD)a agreements and! building permits willb beu utilized tor require ande ensuret the: availability  ofp publici facilities and services concurrent witht thei impacts of development.  POLICY2.4  Regional potable water service and waste-water service will be by way of contractual arrangements between the developer(s) andl Martin County, provided thel Town may becomea ap party tos said agreements  ifdeemedt tob bei int the publici interest.  POLICY2.5  The Town's fiscal resources and budget will not be impacted by future land development because all capital improvements will be the responsibility of the developer and must meet the adopted level of  service standards.  68    Ordinance No 310-20211 Exhibit A"E EAR-BasedC Comprehensivel PlanA Amendments  POLICY2.6  Receipt of the required! South Florida' Water Management District permits for stormwater management shall bes sufficient to demonstrate compliance with the stormwater level of service requirement oft this  Comprehensive Plan.  69        Town of Ocean Breeze  February 15, 2021  Department of Economic Opportunity Attention: Ray Eubanks, Plan Processing Administrator State Land Planning Agency Caldwell Building 107 East Madison - MSC 160 Tallahassee, Florida 32399  RE: TOWN OF OCEAN BREEZE, FLORIDA ORDINANCE NO. 310-2021- TRANSMITTAL OFI PROPOSED EAR-BASEDCOMPREHENSIVE PLAN  AMENDMENTS  The Town of Ocean Breeze's proposed EAR-Based Comprehensive Plan Amendments (Ordinance No. 310-2021) are hereby transmitted to the Florida Department of Economic Opportunity (DEO) pursuant tot the requirements of Section 163.3184F.S. The Town anticipates adoption of the proposed amendments by June or July of 2021. The Town held public hearings with its Zoning Board/Local Planning Agency and Town Council on February 8, 2021 to review the proposed amendments. The Town Council approved Ordinance No. 310-2021 and This transmittal includes three copies (one paper copy and two electronic copies in Portable Document Format (PDF) on a CD ROM, with each reviewing agency receiving a copy via email.  authorized its transmittal to your agency by a 6-0 vote. The transmittal package includes the following items:  1. Cover Letter 2. Memo tol Reviewing Agencies format 4. Staff Memo/Analysis 6. Advertising Notice  3. Ordinance No. 310-2021, including Exhibit. A" revisions in struck-through and underlined 5. Minutes from TownZoning Board/LPAand Town Council mestingdfenmy82t1 The proposed amendments are being submitted under the state coordinated review process. By this letter, I hereby certify that the required number of copies oft the amendments have been sent as of this date to the identified reviewing agencies as required by Section 163.3184(1)(c), F.S. For purposes of complying with Section 163.3184(2), F.S. please be advised that the  proposed amendments are not applicable to an area of critical state concern.  P.O. Box 1025 . Jensen Beach, FL 34958  Office: 772-334-6826 - Fax: 772-334-6823 . townooceanbreez@bellsouth.net    Department of Economic Opportunity State Land Planning Agency Page Two  Attention: Ray Eubanks, Planning Processing Administrator  Ifyou require further information, please contact me by telephone at (772) 334-6826; by fax  at (772) 334-6823 or by email at owncerk@rownoloceanpreeze.org  Sincerely,  Terry O'Neil  Town Management Consultant  Enclosures: CC: (full packet on disc):  Stephanie Heidt, AICP, Treasure Coast Regional Planning Council  Deborah Oblaczynski and Terry Manning, AICP, South Florida Water Management  District  Paul Schilling, Martin County Growth Management John Krane, P.E., Florida Dept. of Transportation, District 4 Florida Dept. of Environmental Protection Plan Review Robin Jackson, Florida Dept. of State, Bureau of Historic Preservation  CC: (letter only): Council  Ocean Breeze Mayor and Town Rick Crary, Town Attorney Pam Orr, Town Clerk    Town of Ocean Breeze  February 15, 2021  Memorandum  To: Distribution List  From: Terry O'Neil, Town Management Consultant ROPOSEDEARBASDCOMPREMENSVEPLAN AMENDMENTS  Re: TOWN OF OCEAN BREEZE, FLORIDA ORDINANCE NO. 310-2021-TRANSMITTALOF  This is a transmittal submittal for a State Coordinated Review. The Town of Ocean Breeze's proposed EAR-Based Comprehensive Plan Amendments (Ordinance No. 310-2021) have been transmitted to the Florida Department of Economic Opportunity (DEO) pursuant to the requirements of Section 163.3184 F.S. The Town anticipates adoption of the proposed amendments by June of 2021. The Town held public hearings with its Zoning Board/Local Planning Agency and Town Council on February 8, 2021 to review the proposed amendments. The Town Council approved Ordinance No. 310-2021 and authorized its  transmittal by a 6-Ovote.  This transmittal is being submitted via e-mail and includes the following items:  1. Cover Letter 3. Staff Memo/Analysis 5. Advertising Notice  2. Ordinance No. 310-2021, including "Exhibit A" revisions in struck-through and underlined format 4. Minutes from TownZoningBoardPAandTownCoundlmeetingsoffebruarys,2021  Please be advised that the proposed amendments are not applicable to an area of critical stateconcern.: Ify you require furtheri information, please contact me by telephone at (772)334-6826; by fax at  (772)334-6823 or by email at townclerketownotoceanbreeze.org  Sincerely, Terry O'Neil Town Management Consultant Enclosures: Distribution list:  Stephanie Heidt, AICP, Treasure Coast Regional Planning Council Paul Schilling, Martin County Growth Management John Krane, P.E., Florida Dept. of Transportation, District 4 Florida Dept. of Environmental Protection Plan Review Robin Jackson, Florida Dept. of State, Bureau of Historic Preservation  Deborah Oblaczynski and Terry Manning, AICP, South Florida Water Management District  CC: (memorandum only): Ocean Breeze Mayor and Town Council Rick Crary, Town Attorney  Pam Orr, Town Clerk P.C O. Box 1025 . Jensen Beach, FL 34958  Office: 772-334-6826 - Fax: 772-334-6823 . townofoceanbreez@bellsouth.net    NOTICE OF PUBLIC HEARINGS  BEFORE THE TOWN OF OCEAN BREEZE, FLORIDA ZONING BOARD/LOCAL PLANNING AGENCY AND TOWN COUNCIL TO REVIEW AND CONSIDER TRANSMITTAL OF PROPOSED EAR-BASED AMENDMENTS' TO THE TOWN'S Notice ish hereby given that on Monday, February 8, 2021, beginning at 10:30 AM, att the Ocean Breeze Resort Clubhouse, Pineapple Bay Room, 7001 NE Seabreeze Way, Ocean Breeze, Florida, 34957, the Ocean Breeze Zoning Board/Local Planning Agency and Ocean Breeze Town Council willo conduct public hearings tor review and consider transmittal of proposed (Evaluation and Appraisal Review) EAR- based comprehensive plan amendments tot thel Florida Department ofE Economic Opportunity. The Town Council's public hearing shall begin immediately upon conclusion oft the public hearing held by the Zoning Board/Local Planning Agency. Alil interested parties arei invited to attend and! be heard. The proposed comprehensive plana amendments are contained in Ordinance No. 310-2021, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF OCEAN BREEZE, FLORIDA UPDATING THE TOWN'S COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA STATUTE SECTION 163.3191; ADOPTING NEW PROVISIONS DEEMED MANDATORY BY FLORIDA LAW SINCE THE TOWN PLAN'S LAST UPDATE IN 2014, INCLUDING "PERIL OF FLOOD" STANDARDS SET FORTH IN FLORIDA STATUTES CHAPTER 163.3178 (2) (F) 1-6, AS WELL AS OTHER MINOR AMENDMENTS REFLECTING CHANGES IN LOCAL CONDITIONS; PROVIDING FOR TRANSMITTAL OF PROPOSED AMENDMENTS TO THE STATE LAND PLANNING AGENCY, AKA THE DEPARTMENT OF ECONOMIC OPPORTUNITY BUREAU OF COMMUNITY PLANNING, AS WELL AS OTHER RELEVANT AGENCIES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND FOR OTHER  COMPREHENSIVE PLAN  thet title ofv whichi is shown! below:  PURPOSES The proposed ordinance is available for review by the public at the Ocean Breeze Town Office, 1508 NE. Jensen Beach, Boulevard, Jensen Beach, Florida 34957, between the hours of 9:00 AMa and: 2:00 PM, M-F, excluding holidays. Any person deciding to appeal any decision made during thesel hearings will need to ensure that av verbatim record oft the proceedings is made. Inc compliance with the Americans with Disabilities Act (ADA), anyone who needsa a special accommodationt for these public hearings should contact thel Town Clerk at7 772-334-6826 ati least 48 hoursi ina advance of the hearings, excluding Saturday and Sunday. For any additional information please call the Town Clerka at 772-334-6826 Publish. January 22,2 2021  1 B m E  Future Land Uscl Map Cymmne a  TOWN OF OCEAN! BREEZE    N.E. Skyline Dr.  Wl Mobilc Home Residential 44.35ac  Submerged Lands- 1.9a ac WETL Low Density Residential- 9.4ac EER Medium Density- 32.1ac I Commercial (Plaza)- 12ac EE Commercial (Ocean Breeze' West)- 3.7ac  N.E. Hickory RidgeAxe  TOWN OF OCEAN BREEZE  Future Land Use Map  Martin County, Florida  EFFECTIVE! DATE (date)  SCALE n/a    / A  3    I  9 € a  a    - 3  3  8 E C -  9 B  -        Ron DeSantis GOVERNOR  Ken Lawson EXECUTIVE DIRECTOR  DE FLORIDA DEPARTMENT4. ECONOMIC OPPORTUNITY January 8, 2020  The Honorable Karen Ostrand, Mayor Town of Ocean Breeze 1508 NE. Jensen Beach Boulevard Jensen Beach, Florida 34957  RE: Ocean Breeze Evaluation and Appraisal Notification Letter Due Date  Dear Mayor Ostrand:  As you know each local government ini the State of Florida is required to regularly review its comprehensive plan pursuant to Section 163.3191, Florida Statutes (2019). The Department of Economic Opportunity, Bureau of Community Planning created a submittal schedule fort the Evaluation and Appraisal Notification Letters which is posted on the  Department's website.  The purpose of this letter is twofold: first to remind you that your Evaluation and Appraisal Notification Letter is due on March 1, 2020; and second, to make you aware oft the  implications ofr not timely submitting your notification letter.  The Legislature made three processing changes to Section 163.3191, Florida Statutes, regarding the evaluation and appraisal process. The law eliminated the need to adopt an Evaluation and Appraisal Report. The law requires local governments to evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements and notify the Department by letter to its determination. Ifl loçal governments determine amendments are necessary to their comprehensive plan, the local government shall prepare and transmit amendments within one year of notification letter. Further, the law provides that a local government will be prohibited from amending its comprehensive plan ifit fails to timely submit its notification letter or transmit proposed amendment to update its plan  within one year ofr notification if necessary.  Iti isi important to complete the Evaluation and Appraisal notification process and you are encouraged to comprehensively evaluate and, as necessary, update your comprehensive plan to reflect changes in local conditions. Department staff is available to assist and provide  technical guidance to your questions concerning this new process.  Florida Department of Economic Opportunity I Caldwell Building! 1107 E. Madison Street] Tallahassee, FL 32399 Ane equal opportunity employer/program. Auxiliary aids and service are available upon request toi individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTYITTD equipment via  850.245.7105] www.Floridalobs.org wwwiwiter.com/FLDEO MwwBeDOACOMIDEO  the Florida Relay Service at 711.    The Honorable Karen Ostrand, Mayor  January 8, 2020 Page2of2  Ify you have any questions concerning the processing of the Evaluation and Appraisal Notification Letter ort the submittal of proposed Evaluation and Appraisal based amendments, please contact Mr. Ray Eubanks, Plan Review Administrator, at (850) 717-8483 or Ms. Kelly  Corvin Regional Planning Administrator at (850)717-8503.  Sincerely, alys D.Ray Eubanks Plan Processing Administrator  DRE/me    Town of Ocean Breeze  February 20, 2020  RRECENED Bs. Bw-y.Aus FEB 202020 Div. ofCommunity Development Dept. Economic Opportunity  Mr. Ray Eubanks, Plan Processing Administrator Florida Department ofEconomic Opportunity Bureau ofCommunity Planning Attention Plan Processing Unit Caldwell Building 1071 East] Madison Street, MSC 160 Tallahassee, FL 32399  RE: Town of Ocean Breeze Evaluation and Appraisal Notification Letter  Dear Mr. Eubanks:  This correspondence serves as the Town of Ocean Breeze'sl Evaluation and. Appraisal Notification Letter, prepared in accordance with Section 163.3191, Florida Statues (F.S.). The Town has reviewed its Comprehensive Plan and has determined that amendments are nécessary to reflect changes in state requirements in Chapter 163, Part I, F.S. The Town will prepare and transmit proposed amendments to the State Land Planning Agency within one year ofthe date ofthis letter. Ifyou require further information, please contact me by telephone at (772) 486-2190 or by e-mail  at twoneil@aol.com. Sincerely,  op  Terry O'Neil  Town. Management Consultant  Cc:  Town Council and Mayor Pam Orr, Town Clerk Rick Crary, Town. Attorney  Kelly Duggar Corvin, DEO Regional Planning. Administrator  P.O. - Box 1025 . Jensen Beach, FL 34958  Office: 772-334-6826 - Fax: 772-334-6823 . townofoceanbreezObellsouth.net    Ron DeSantis GOVERNOR  Ken Lawson EXECUTIVE DIRECTOR  DEG FLORIDA DEPARTMENTY ECONOMIC OPPORTUNITY February 20, 2020  Ms. Pam Orr, Town Clerk Town of Ocean Breeze Post Office Box 1025 Jensen Beach, Florida 34958  RE: Ocean Breeze Evaluation and Appraisal Notification Letter  Dear Ms. Orr:  This is to acknowledge receipt of your Evaluation and Appraisal Notification Letter which was due on March 1, 2020, and received by the Department on February 20, 2020. Please note that your proposed comprehensive plan amendments based on your Evaluation and Appraisal should bet transmitted tot the Department by! February 20,2021, within one year of your notification, pursuant to Section 163.3191(2), Florida Statutes. The amendments are subject tot the State Coordinated Review Process as outlined in Section Ms. Kelly Corvin oft the Department's: staff is available to assist and provide technical guidance to your questions concerning the contents oft the Evaluation and Appraisal based comprehensive plan amendments and may be reached at (850) 717-8503.  163.3184(4), Florida Statutes.  Ify you have any questions concerning the processing of the Evaluation and Appraisal based amendments, please contact Mr. Ray Eubanks, Plan Processing Administrator, at (850)  717-8483.  Sincerely, ahE D.Ray! Eubanks Plan Processing Administrator  DRE/me  Florida Department of Economic Opportunity! Caldwell Building! 107 E. Madison Street] Tallahassee, FL: 32399 An equal opportunity employerfprogram. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTYITTD equipment via  850.245.7105 wwwFlonidalobs.or www.witer.comPLDEO MwsaeboAcONPIDEO  the Florida Relay Service at711.    towncerketownofoceanbreeze.org  rom: Sent: To: Subject: Attachments: Pam,  Eubanks, Ray RayEubanks@deo.myllonda.com> Thursday, ebnuay20,2020306PM townclerk@townotoceanbreeze.org  RE: [EXTERNAL] - Letter from Terry O'Neil, Town Management Consultant EARI Notification Acknowledgement Letter Ocean Breeze.pdf  Attached is the Town's acknowledgement letter for the Evaluation and Appraisal Notification letter.  Thanks D. Ray Eubanks and Growth 107 East Madison Street MSC160 Tallahassee, FL 32399-4120 850-717-8483 Ray.fubanks@deo.myflorida.com -Original Message--  Plan Review and Processing Administrator Florida Department of Economic Opportunity Bureau of Community Planning  lom: lownclerketownofoceanbreeze.org townclerketownoioceanbreere.org Subject: [EXTERNAL]- - Letter from Terry O'Neil, Town Management Consultant Please find attached a copy of Terry O'Neil's lettert to Mr. Eubanks for your records.  Sent: Thursday, February 20, 20202:06PM To: Corvin, Kelly D. <kely/Corvin@deo.myllorida.com>  Hi Kelly:  Have a great day! Pam Orr Town Clerk Town of Ocean Breeze P.O.Box 1025 Jensen Beach, FL 34957 772-334-6826 office 772-334-6823 fax townofocanbreeze.org  Please make note of our new email address.  -Original Message-  fom: townclerk@townofoceanbreeze.org ctowncerxetownoroceanbreeze.ore  Sent: Thursday, February20,: 20201:12PM To:t townclerk@townofoceanbreeze.org  1        BEFORE THE TOWN OF OCEAN BREEZE PARK, FLORIDA TOWN COUNCIL ORDINANCE NUMBER 151-08  AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF OCEAN BREEZE PARK, FLORIDA ESTABLISHING A LOCAL PLANNING AGENCY; PROVIDING THAT MEMBERSHIP OF THE TOWN'S LOCAL PLANNING AGENCY SHALL CONSIST OF MEMBERS OF THE TOWN COUNCIL, THE TOWN'S MAYOR AND A NON-VOTING MEMBER APPOINTED BY THE MARTIN COUNTY SCHOOL BOARD; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER  PURPOSES.  WHEREAS, the Town of Ocean Breeze Park, Florida Town Council desires to establish a Local Planning Agency for the purpose of preparing, adopting and from time- to-time amending the Town's Comprehensive Development Plan under the terms of  Chapter 163 oft the Florida Statutes; and  WHEREAS, the Town of Ocean Breeze Park, Florida Town Council ordains that establishing a Local Planning Agency is necessary to comply with Florida law Chapter  163 of the Florida Statutes; and  WHEREAS, Florida Statutes Section 163.3174(1) provides in part, "The governing body may designate itself as the local planning agency pursuant to this subsection with the addition of a nonvoting school board representative; and WHEREAS, the Town of Ocean Breeze Park, Florida Town Council has held NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE  properly noticed public hearings to consider this ordinance, TOWN OF OCEAN BREEZE PARK, FLORIDA THAT:  SECTION1: The foregoing recitals are true and adopted as findings of fact and SECTION 2: Pursuant to Florida Law, the Town of Ocean Park, Florida Planning Advisory Board is hereby establish and shall consist of members of the Town Council, the Town's Mayor and a non-voting member appointed by the Martin County School  conclusions of law.  Board.    SECTION 3: All ordinances or parts of ordinances in conflict with this ordinance or any SECTION3: Ifany provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4: This ordinance shall become effective upon second reading.  part thereof are hereby repealed to the extent of such conflict.  PASSED on first reading the 10th day of March, 2008.  Council member daipmypw offered the foregaing ordinance and moved its adoption. The motion was secohded by Council member ack Bmlonand upon  being put to a roll call vote, the vote was as follows:  YES NO ABSENT  DAVID MYERS JOEI LOUNDSBURY RICHARD CONNER MARYLOU BARRETT JACK BOWDEN GAIL MYERS  ADOPTED on second and final reading this 3lat day Mpnkns  ATTEST:  J CHICKY  Khns SLR DAVIDI W. MYERS PRESIDENT  TOWN CLERK  Gan 04y  APPROVED AS TO FORM AND CORRECTNESS:  Dastl skeken! DOROTHY GEEBEN MAYOR  WM. F. CRARY, TOWNATTORNEY      ORDINANCE NUMBER NO. 289-2019  AN EMERGENCY ORDINANCE OF THE TOWN OF OCEAN BREEZE, FLORIDA, REVISING MEMBERSHIP ON THE TOWN'S: ZONING BOARD (ALSO KNOWNASTHE LOCAL PLANNING AGENCY) AND REAFFIRMING THAT TOWN COUNCIL MEMBERS, ASAF REQUIREMENT OF HOLDING OFFICE, MUST ALSO SERVE AS MEMBERS OF THE TOWN'S ZONING BOARD; AFFIRMING THE LIMITED ADVISORY ROLE OF THE ZONING BOARD; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND  PROVIDING FOR. AN EFFECTIVE DATE.  WHEREAS, the Mayor's membership on the Zoning Board, (also known as the Local Planning Agency) has the effect of prohibiting the Mayor from making otherwise lawful communications with Town Council members regarding any subject matter which may come  before the Zoning Board; and  WHEREAS, the Town Council deems it vital tot the efficient exercise of the Mayor's duties as contemplated under the Charter and Ordinances of the Town that the Mayor's ability to communicate directly with Town Council members should not be hindered or prohibited, except  as may be otherwise provided by law; and  WHEREAS, historically it has never been possible tot find a sufficient number of the Town's WHEREAS, Florida Statutes Section 163.3174 allows for the governing body of a municipality to designate itself as the "local planning agency" or other equivalent agency which  residents to serve on a separate advisory board; and  first reviews rezoning and comprehensive plan amendments; and  WHEREAS, the Zoning Board does not exercise decision-making authority, but only exists for the sole purpose providing advice to the Town Council, in essence advising itself, in order to comply with such procedural formalities as may be required pursuant to Florida law; and WHEREAS, the Town Council has determined it is necessary to take emergency action to allow the Mayor to have the immediate ability to address issues presented tot the Zoning Board. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE TOWN OF OCEAN SECTION ONE: The membership of the Town's Zoning Board, which may also be known from time to time as the Local Planning Agency, or referred to as the Town of Ocean Breeze, Florida Planning Advisory Board, or the "LPA" or other such similar names, shall consist of all six members of the Town Council, ex officio, plus a non-voting member appointed by the Martin SECTION TWO: All ordinances or parts of ordinances in conflict with this ordinance or any part  BREEZE, FLORIDA:  County School Board to the extent as required by statute.  thereof are hereby repealed.    Resolution 289-2019  SECTION THREE: If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the intent of the Town Council to adopt this Ordinance without such unconsttutional, invalid, or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts, shall be deemed and held to be valid as if such part or parts had not been included herein. SECTION FOUR: This Ordinance is hereby declared to be an emergency measure upon the urgent need for the Mayor to have the immediate ability to more fully perform such duties as may be prescribed by the Town Charter, ordinances, and other applicable law. This Ordinance shall  take effect immediately upon its passage and adoption.  YES NO ABSENT ABSTAIN  KENNETH DE ANGELES, PRESIDENT ANN KAGDIS, VICE-PRESIDENT RICHARD GEROLD, COUNCIL MEMBER KEVIN DOCHERTY, COUNCIL MEMBER DAVID. J. WAGNER, COUNCIL MEMBER TERRY LOCATIS, COUNCIL MEMBER  X  X EX  PASSED, APPROVED AND ADOPTED THIS 11th DAY OF MARCH, 2019,  ATTEST:  TOWN COUNCIL OF THE TOWN OF OCEAN BREEZE, FLORIDA  Pam O Pam Orr, Town Clerk  ipeb  KenDe Angeles, President  APPROVED AS TO FORM:  - Sfs William F. Crary, II, Town Attorney  a 1  M. Ostrand, Mayor  %