PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
REQUEST FOR APPROVAL OF THE NINTH AMENDMENT TO THE NINETY-FIVE RIVERSIDE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT INCLUDING REVISED MASTER/PHASING PLAN AND PHASE IV FINAL SITE PLAN (N027-013)
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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 a Ninth Amendment to the Ninety-Five Riverside PUD Zoning Agreement including a revised master/phasing plan and Phase IV final site plan to allow for the construction of 98 townhomes on an approximately 12.33-acre site. The site is located at 7439 SW Lost River Road, on the northwest corner of SW Kanner Highway/SR 76 and SW Lost River Road, approximately 0.17 miles east of the I-95 interchange, in Stuart. Included in this application is a request for a Certificate of Public Facilities Reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Elizabeth Nagal, AICP, CNU-A
Title: Development Review Administrator
REQUESTED BY: HJA Design Studio, LLC
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
This item was originally noticed for October 24, 2023. At the October 24, 2023, Board of County Commissioners meeting, the Board opened the public hearing and continued it to a date certain on November 7, 2023.
The Ninety-Five 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 Ninety-Five Riverside PUD. The Ninety-Five Riverside PUD today contains a gas station, Cracker Barrel restaurant, hotel, McDonalds with drive-thru, and a vacant welcome center.
The current proposal is submitted in conjunction and dependent on a Future Land Use amendment for the subject Phase IV parcel from General Commercial to Commercial Office/Residential.
The proposal for Phase IV final site plan combines the approved phases IV-VI into one phase (Phase IV). Phases IV-VI were approved for approximately 148,900 square feet of office use and approximately 10,000 square feet of restaurant use. The proposed amendment would remove all the office and restaurant use and construct 98 townhome dwellings. The existing vacant welcome center building would be demolished as part of this construction; the existing docks would remain, and the wet detention pond would remain with improvements.
Public benefits are proposed as outlined within the proposed PUD Agreement Amendment.
In 2003, two rights-of-way within the plat of St Lucie Inlet Farms were abandoned and with the abandonment, conditions were imposed onto the Ninety-Five Riverside PUD developer. Compliance with these previous findings is included within the PUD agreement and final site plan.
An amendment to the Preserve Area Management Plan (PAMP) has been provided by the applicant for the existing 75-foot upland buffer preserve shown on the revised master site plan. This amendment includes language that identifies existing allowable uses within the preserve area, a detailed exotic removal plan, and a lake area management plan (LAMP). There are no proposed changes to the existing preserve boundary with this amendment.
Pursuant to Section 10.5.F.9, Land Development Regulations, Martin County Code, a review of this application before the Local Planning Agency (LPA) was held on October 19, 2023. The LPA voted 3-0 to recommend approval with the condition that the applicant provides signage for the public amenity area.
The following supporting documents are attached:
Staff Report
Ninth Amendment to the Ninety-Five Riverside PUD Agreement
Revised Master/Phasing Plan
Amended PAMP
Resolution to Approve Phase IV Final Site Plan
Revised Final Site Plan for Phase IV
Application Materials
Landscape Plans
Disclosure of Interest Affidavit
Legal Ad
Sample Letter Surrounding Property Owners
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 attachments including the staff report as Exhibit 1.
2. Move that the Board approve the Ninth Amendment to the Ninety-Five Riverside PUD Zoning Agreement, including a revised Master/Phasing plan and an amended PAMP.
3. Move that the Board adopt a resolution approving the Phase IV final site plan for the Ninety-Five Riverside PUD project.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,800 application fee and the $290 completeness review fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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