PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO CONSIDER A REQUEST FOR A ZONING DISTRICT CHANGE TO PLANNED UNIT DEVELOPMENT (PUD) THROUGH A PUD ZONING AGREEMENT INCLUDING A MASTER/FINAL SITE PLAN FOR THE PEPPERWOOD ASSEMBLAGE PROJECT (P178-002)
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EXECUTIVE SUMMARY:
executive summary
This is a request by HJA Design Studio, LLC on behalf of JAMSZ Properties, Inc. for approval of a zoning district change from the current RE-1/2A, Residential Estate District to Planned Unit Development (PUD) through the Pepperwood Assemblage Planned Unit Development Zoning Agreement including a Master/Final Site Plan. The project is located on approximately 29.23-acres located between SE Cove Road and SE Salerno Road, south of SE Pepperwood Drive, approximately one-half mile west of SE Ault Avenue in Stuart. Included with this application is a request for a Certificate of Public Facilities Reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam, PMP
Title: Principal Planner
REQUESTED BY: HJA Design Studio, LLC, Erika Beitler, ASLA
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The subject property has the Estate Density 2 UPA Future Land Use designation and RE-1/2A, Residential Estate District zoning which was applied by Ordinance 839 and Resolution 09-12.27 in December of 2009. The property consists of three undeveloped parcels lying within the Primary Urban Services District and will have access to the full complement of public services.
The proposed development includes 43 single-family lots on 29.23 acres resulting in a gross site density of 1.47 units per acre. The site has approximately seven acres of freshwater marsh wetlands that cut through the property from the northwest. Density transfer from wetlands is proposed through the PUD. Access to the site is proposed from SE Cove Road and SE Martin Cove Place. The 22 lots located on the west side of the property will have access from SE Cove Road while the 21 lots on the northeast site of the property will have access from SE Martin Cove Place. 10 of the lots on the north side will have driveways on SE Martin Cove Place while the remaining 11 lots will access the site via the extension of SE Pepperwood Drive to the development’s private roadway SE Mandy Place.
The proposed Master/Final Site Plan includes the dedication of approximately 2.5 acres to Martin County for right-of-way along SE Martin Cove Place, SE Pepperwood Drive and SE Cove Road. A total open space of 76% is proposed with 6.35 acres of wetlands and 4.41 acres of wetland buffer protected under a Preserve Area Management Plan (PAMP) that includes the removal of exotics and restoration of these areas with native plantings.
The parcel abuts two single-family lots on the southeast, one of which has a home and undeveloped land to the west. The north side of the parcels abut SE Martin Cove Place which is only partially opened across the two northern parcels. The east side of the property abuts the unopened SE Pepperwood Drive right-of-way that this application proposes opening a distance sufficient to provide access to the east side lots.
The project is to include public benefits that include a 10-foot multimodal sidewalk meandering within the Pepperwood Road right-of-way and 30-foot existing road easement from SE Martin Cove Place to SE Cove Road. The owner will construct an 8” gravity sewer main along SE Martin Cove that will provide for future offsite utility connections for surrounding residences to the north and will require the existing road to be reconstructed entirely to install it. The owner has also agreed to purchase a fire department traffic preemption device ($6,000).
JAMSZ Properties, Inc., a Florida profit corporation, has agreed to provide a Right-of-Way Deed for 30’ of dedicated right-of-way along SE Martin Cove Place; 30’ of dedicated right-of-way along SE Pepperwood Drive; and dedicated right-of-way of varying widths along SE Cove Road as a condition of approval of the Pepperwood Assemblage PUD Zoning Agreement Master and Final Site Plan. Real Property has confirmed ownership and there are no mortgages encumbering the dedication premises.
Section 139.31 and 139.32, General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by Resolution from the Board of County Commissioners of Martin County and pursuant to Section 336.08, Florida Statutes, the Board may designate the right-of-way property as a public County road.
This application is scheduled for consideration by the Local Planning Agency on August 15, 2024. The LPA’s recommendation will be forwarded to the Board.
The following supporting items are attached:
Staff Report
PUD Zoning Agreement
Master/Final Site Plan
Preserve Area Management Plan (PAMP)
Resolution to Approve Rezoning
Resolution to Approve and Accept Right-Of-Way Deed
Executed Right-Of-Way Deed
Right-Of-Way Location Map
Application Materials
Landscape Plans
Disclosure of Interest
Notice to Surrounding Property Owners
Legal Ad
Sign Posting Affidavit
Draft Resolution to Deny
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item and all its attachments including the Staff Report as Exhibit 1.
2. Move that the Board approve the request for zoning district change from RE-1/2A, Residential Estate District to the Planned Unit Development through the Pepperwood Assemblage PUD Zoning Agreement including Master/Final Site Plan and Preserve Area Management Plan.
3. Move that the Board adopt a Resolution approving and accepting a Right-of-Way Deed from JAMSZ Properties, Inc., a Florida profit corporation, to Martin County 30’ of dedicated right-of-way along SE Martin Cove Place; 30’ of dedicated right-of-way along SE Pepperwood Drive; and dedicated right-of-way of varying widths along SE Cove Road as a condition of approval of the Pepperwood Assemblage PUD Zoning Agreement Master and Final Site Plan and authorize the Chairman to sign any and all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue this item to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,800.00 application fee and the $290 completeness fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: 2 Resolutions
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