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INDL4N RIMER COUNTY <br />• Duplexes and multi -family dwellings are prohibited unless specifically allowed under certain <br />conditions; <br />Developments exceeding one unit per 20 acres must provide off-site open space; <br />• Golf cottages are permitted as accessory uses to golf courses under ownership and operational <br />controls. <br />Utilities such as potable water and sanitary sewer services can be extended to the specific parcels <br />designated for Rural Lifestyle development. These utilities must not, however, serve any properties outside <br />of the PUD agreement. All costs associated with the extension, ongoing service, and maintenance of utility <br />services serving the parcel must be fully paid by the developer or entity responsible for the PUD. <br />Restrictions on utility facilities include the prohibition of constructing a utility plant for a regional sewage <br />system, as well as package water and wastewater treatment plants, within the Rural Lifestyle designation. <br />On-site sewage treatment and septic systems are permitted but must comply with specific requirements <br />outlined in Chapter 10 of the Sanitary Sewer Services Element. <br />Additionally, the applicant for a PUD must plan and fund public facilities to mitigate the impacts of <br />development, ensuring full cost recovery for necessary capital improvements. All development within the <br />Rural Lifestyle designation must adhere to a comprehensive PUD Zoning Agreement, specifying conditions, <br />public benefits, and infrastructure requirements, while approval of the PUD agreement and master plan <br />must align with Future Land Use Map amendments. The PUD must provide public benefits that include the <br />offset of biological and ecological impacts, enhanced water quality, the protection and management of <br />natural lands, the minimization of greenhouse gas emissions, and community amenities. <br />AM*, In the 2022 case of Donna Sutter Melzer v. Martin County and Becker B-14 Grove, Ltd., the petitioner <br />challenged Ordinance 1185, which introduced the Rural Lifestyle land use designation to the Martin <br />County Comprehensive Growth Management Plan. An Administrative Law Judge ruled in favor of Martin <br />County and Becker B-14 Grove on the general compliance of Ordinance 1185, finding the designation <br />consistent with most aspects of the CGMP. The inclusion of a community store in the development, <br />however, was found to be inconsistent with the Plan, deeming it a commercial use conflicting with Policy <br />4.7A.2. The respondents argued that the store was an incidental use supporting residential units, not a <br />traditional commercial establishment, and requested the Administration Commission to overrule the ALJ's <br />decision while asserting the text amendment be considered "in compliance" with the Comprehensive <br />Plan. <br />In May of 2023, Governor DeSantis and the Cabinet considered the case and determined that the Rural <br />Lifestyle plan amendment aligns with the CGMP. The Governor instructed staff to prepare and distribute a <br />final order of approval. An additional text amendment to the CGMP was approved in 2024, which allows for <br />consideration of additional Rural Lifestyle projects with a minimum of 3,000 contiguous acres within 6,000 <br />feet from a PUSD or Freestanding Urban Service District. A density of one unit per five acres is only <br />permitted if the property is adjacent to one of the service districts, and the 70% open space requirement <br />was maintained. Additionally, the text amendment includes language requiring enhanced nutrient - <br />reducing onsite sewage treatment and disposal systems rather than standard septic systems, applicable <br />to both the minimum 1,000 -acre or 3,000 -acre properties seeking the Rural Lifestyle future land use <br />designation. <br />Projects Outside of the Primary and Secondary Urban Service Districts <br />Since the adoption of the Rural Lifestyle polices, the County has approved two projects that take <br />AM,. advantage of the ability to develop outside of the USD. The first project, Atlantic Fields, is a $1.6 billion <br />development consisting of 317 multi -million -dollar homes and a golf course. This project is located north <br />Appendix C: Peer Jurisdictions Report C-14 <br />