PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST PLAT APPROVAL FOR THE 95 RIVERSIDE PLANNED UNIT DEVELOPMENT (PUD) PHASE IV PROJECT (N027-014)
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EXECUTIVE SUMMARY:
executive summary
This is a request by HJA Design Studio, LLC, on behalf of Pulte Home Company, LLC, for approval of the 95 Riverside PUD Phase IV Plat. The plat is to be consistent with the Phase IV Final Site Plan which contains 98 single-family townhomes on an approximately 12.40-acre site. The 95 Riverside PUD is located on the north side of SW Kanner Highway/SR 76, on SW Lost River Road, approximately 0.17 miles east of the I-95 interchange in Stuart. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Senior Planner
REQUESTED BY: HJA Design Studio, LLC, Todd Troxell
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The 95 Riverside PUD was originally approved as a six (6) phase master plan in 1987 for approximately 201,000 gross square feet of office, retail, gas station and hotel use. The PUD is located at the northeast corner of the I-95 north interchange of SW Kanner Highway with a portion of the PUD on the west side of SW Lost River Road and a portion on the north and east side of SW Lost River Road. Phase IV is located at 7439 SW Lost River Road, on the northwest corner of SW Kanner Highway/SR 76 and SW Lost River Road. A portion of SW Lost River Road was constructed as part of the 95 Riverside PUD. The 95 Riverside PUD today contains a gas station, Cracker Barrel restaurant, hotel, McDonalds with drive-thru, and a vacant welcome center.
The proposed plat is to be consistent with the Phase IV Final Site Plan which contains 98 single-family townhomes on an approximately 12.40-acre site. The Phase IV Final Site was approved on November 7, 2023. As a result of the review of the plat application, minor technical adjustments were required to the approved final site plan for Phase IV to ensure consistency with the plat in accordance with Section 10.5.F.6(e), Land Development Regulations, Martin County, Fla.
Pulte Home Company, LLC, a Michigan limited liability company, has requested that Martin County approve a Release and Termination of Access Easement and a Release and Termination of Pedestrian Access Easement as part of the approval of the 95 Riverside PUD Phase IV Plat. This Access Easement and the Pedestrian Access Easement are no longer needed by Martin County as alternate accesses are being provided within the 95 Riverside PUD Phase IV Plat.
Pursuant to Article 10 of the Martin County Land Development Regulations, review of this application by the Local Planning Agency was not required. Final action on this application is required by the Board in a public meeting pursuant to Table 10.5.F.9, Land Development Regulations, Martin County Code.
The following supporting documents are attached:
Staff report
Plat
Draft Contract for Construction of Required Improvements and Infrastructure
Draft Surety
Approved Engineer’s Opinion of Probable Cost
Survey
Resolution to Approve 95 Riverside Phase IV Revised Final Site Plan
Exhibit A Legal Description
Exhibit B Phase IV Revised Final Site Plan
Resolution to Release and Terminate Access Easement
Resolution to Release and Terminate Pedestrian Access Easement
Application Materials
Disclosure of Interest Affidavit
Sign Posting Affidavit
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 its attachments including the staff report as Exhibit 1.
2. Move that the Board approve the 95 Riverside PUD, Phase IV Plat and Phase IV Revised Final Site Plan including the Contract for Construction of Required Improvements and Infrastructure.
3. Move that the Board approve:
a. Release and Termination of Access Easement; and
b. Release and Termination of Pedestrian Access Easement; and
c. Authorize the Chairman to sign all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $16,600 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: Plat, Two additional resolutions
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>.