PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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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 PRESERVE AT LOBLOLLY NORTH PROJECT (L089-003)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Lucido & Associates on behalf of Loblolly North LLC for approval of a zoning district change from the existing RE-1/2A, Residential Estate District to Planned Unit Development (PUD), including a PUD Zoning Agreement with a master/final site plan for a 13-lot single-family subdivision and associated infrastructure on an approximately 51.20-acre undeveloped site, resulting in a density of .25 units per acre. The subject site is located on the intracoastal waterway on the east side of SE Gomez Avenue approximately .6 miles north of SE Osprey Street, north of the existing Loblolly Bay PUD, in Hobe Sound. Included with this application is a request for a Certificate of Public Facilities Reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Barbara Counsellor
Title: Senior Planner
REQUESTED BY: Lucido & Associates, Brian Nolan
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Part of a land swap in 2022 between Florida Inland Navigation District (FIND) and Loblolly Community Service Corporation (LCSC), the approximately 51.20-acre undeveloped subject property has a land use of Estate Density 2UPA with a zoning of RE ½ A. On October 18, 2022, a future land use map amendment was adopted for the subject site, changing the future land use from Conservation to Estate Density 2UPA, with a concurrent rezoning from A-1A to RE-1/2 A. The land swap allowed for continuity of conservation land, and in turn a continuity of Estate Density 2UPA with the southern adjacent Loblolly Bay community.
The subject property is comprised of wetlands and an upland area which includes a portion previously impacted by FIND, the impacted area intended as a spoil site for dredged materials. The remainder of the upland area includes sand pine scrub native habitat that borders SE Gomez Avenue. The balance of the site is composed primarily of wetlands that extend east to the Intracoastal Waterway. The designated Mean High-Water Line runs along Pecks’ Lake (aka the Indian River Lagoon).
The proposed PUD includes 13 single-family lots on 51.20 acres resulting in a gross site density of 0.25 units per acre.
The applicant is proposing to restore approximately 0.27 acres of pine flatwoods and 0.23 acres of scrub habitat adjacent to the existing upland habitat and to create new area of wetlands through the removal of a manmade berm between on site wetlands, with new planting of wetland plants, in accordance with the approved PAMP. In total, 35.17 acres of wetland, 6.10 acres of upland along with 0.68 acres of wetland creation will be preserved on this site which equates to 41.95 acres of preserve area or about 82% of the site.
The proposed public benefits will include a financial contribution to the Martin County Community Land Trust, the Martin County Board of Commissioners to aid the Public Works Department for construction upgrades to the intersection of SE Osprey Street and SE Dixie Highway, and to the Martin County Fire Department towards the purchase of a GLANCE traffic preemption devise that will aid in response time for emergencies.
Access to the site is proposed from SE Loblolly Bay Drive within the Loblolly Bay PUD. Water and sewer are available to the property through South Martin Regional Utilities (SMRU).
This application is scheduled for consideration by the Local Planning Agency on November 7, 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
Application Materials
Landscape Plans
Disclosure of Interest Affidavit
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 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 Preserve at Loblolly North PUD Zoning Agreement including a Master/Final Site Plan and Preserve Area Management Plan.
ALTERNATIVE RECOMMENDATIONS
None
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:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.