PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST APPROVAL FOR THE NEWFIELD PARKS MASTER PLAN AND CONSERVATION/OPEN SPACE EASEMENTS
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EXECUTIVE SUMMARY:
executive summary
This is a request by Mattamy Palm Beach LLC for approval of the Parks Master Plan for the Newfield project. As a condition of the approved Development Agreement for Newfield, the Newfield master developer is required to develop a parks master plan for the overall Newfield project prior to issuance of the one-hundred-fiftieth building permit for a residential dwelling unit within the project.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Elizabeth Nagal, AICP, CNU-A
Title: Development Review Administrator
REQUESTED BY: Mattamy Palm Beach LLC, James FitzGerald, P.E.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The parks master plan identifies the available facilities and services available to meet the obligation of the Master Developer for construction of parks within the project. 85% of active parks impact fees attributable to residential units shall be credited to the master developer for the construction of active parks within the project.
Concurrent with the approval of the Newfield Parks master plan is the acceptance of conservation and open space easements over designated preserve areas in the previously approved Preserve Area Management Plan (PAMP) 1 and PAMP II, and over open space areas outside of the Primary Urban Service District (PUSD) of the Newfield project, as required by the Newfield Development Agreement entered on December 15, 2020. There are three easements as described below:
1. One for the PAMP 1 area which includes mostly wetland and some upland habitat at the Project’s northwest corner. This PAMP 1 area also includes the gopher tortoise recipient site. Very limited impact in the form of a small trailhead and minor trails would be permitted within the PAMP 1 area. PAMP I was approved by the County’s Environmental Division on December 17, 2020.
2. A second preservation easement is proposed for the wetland and upland preserve area within the previously approved PAMP II. PAMP II was approved by the County’s Environmental Division on December 17, 2020. Passive recreational activities as permitted within PAMP II are permitted to include mulched walking trails, observation platforms for bird watching and nature enjoyment with limited impact to the natural areas.
3. The third easement is for all areas within the PAMP II bounds that is not protected upland or wetland habitat. The easement is less restrictive than the conservation easements but restricts activities to passive recreational uses within the easement area including, but not limited to, walking trails, equestrian trails, day us picnic areas, and similar passive uses. Also permitted at the proposed trailheads are interpretive center, restroom facilities, playground, and shade structures for picnic areas.
The Parks Master Plan and Conservation Easements will form the basis of complying with Level of Service requirements for parks and for conservation/open space within the development as established within the approved Development Agreement.
The following supporting documents are attached:
Staff Report
Newfield Parks Master Plan
Resolution to approve Parks Master Plan
Application Materials
Development Agreement
Resolution to Approve Conservation Easements
Exhibit A, PAMP I, Easement,
PAMP I Legal Description
Exhibit B, PAMP II, Easement
PAMP II Legal Description
Exhibit C, Open Space Easement
Open Space Legal Description
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 its attachments including the staff report as Exhibit 1.
2. Move that the Board adopt a Resolution to approve the Parks Master Plan for the Newfield Development.
3. Move that the Board adopt a Resolution accepting and approving three conservation easements covering PAMP 1, PAMP 2, and Open Space Areas.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,250.00 application fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other:2 resolutions - Resolution for PAMP I Conservation Easement, PAMP II Conservation Easement, Open Space Easement
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>.