PLACEMENT: Departmental - Quasi-Judicial
TITLE:
title
REQUEST APPROVAL OF THE FOURTH AMENDMENT TO THE OLD TRAIL PUD ZONING AGREEMENT (o037-002), INCLUDING A REVISED MASTER AND FINAL SITE PLAN AND PAMP
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EXECUTIVE SUMMARY:
executive summary
Jonathan’s Landing Golf Club, Inc., requests approval of the Fourth Amendment to the Old Trail Planned Unit Development Zoning Agreement including a revised master and final site and a preserve area management plan. The existing golf course and 74 lot residential development is situated on an approximate 442-acre parcel. The site is located approximately 1 mile west of Florida’s Turnpike and is accessed via Indiantown Road in Jupiter. Included with this application is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden, AICP
Title: Principal Planner
REQUESTED BY: Flynn Engineering Services, Dennis Shultz, P.E.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Jonathan’s Landing Golf Club, Inc., requests approval of the Fourth Amendment to the Old Trail Planned Unit Development (PUD) Zoning Agreement including a revised master and final site plan and preserve area management plan. The existing golf course and 74 lot residential development is situated on an approximate 442-acre parcel. The site is located approximately 1 mile west of Florida’s Turnpike and is accessed via Indiantown Road in Jupiter. Included with this application is a request for a Certificate of Public Facilities Exemption.
The Old Trail PUD was originally approved in 1986 and platted in 1987. There are two golf courses within the Old Trail PUD. Both courses were planned to be revised and reconfigured by Jonathan’s Landing Golf Club, Inc. The first course, on the southern portion of the development, was able to be remodeled with an excavation and fill permit. The applicant intends to reconfigure and update the northern golf course within the development to a greater extent than the southern course. However, according to the recorded plat, all of the lakes are platted as individual tracts. If changes were implemented that reconfigured the lake areas, the site would be inconsistent with the plat and the existing preliminary development plan. Therefore, the applicant planned to submit a revised master and final site plan as part of the Fourth Amendment to the PUD Zoning Agreement in order to create the open space tracts that could accommodate future changes.
In the interim, an excavation and fill permit was issued to allow the remodeling of the southern golf course. During the course of an inspection of the construction activity, impacts to wetlands and the preservation areas were discovered resulting in the initiation of a code enforcement action. Pursuant to a Stipulation and Agreed Final Order and an Amended Stipulation and Agreed Final Order, Case No. GMD2018060296, it was agreed that all violations would be resolved and the new preserve area boundaries documented by way of the Fourth Amendment to the PUD Zoning Agreement, revised master and final site plan and Preserve Area Management Plan (PAMP) already being planned for the project.
At this time all environmental issues have been resolved and the application is in order. The proposed Fourth Amendment to the PUD Zoning Agreement will replace the preliminary development plan with a revised master and final site plan and add a PAMP that documents the updated preserve areas and wetland boundaries.
The following supporting items are attached:
Staff Report
Fourth Amendment to the PUD Zoning Agreement
Revised Master and Final Site Plan
Application Materials
Approved Revised Final Development Plan
Disclosure of Interest
Sign Affidavit
Resolution to deny
ISSUES:
There are no unresolved issues related to this application. The Preserve Area Management Plan (PAMP) is still under review and will be provided by Supplemental Memorandum.
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
Move that the Board receive and file the agenda item and its attachments including the staff report as exhibit one.
Move that the Board approve the request for the Fourth Amendment to the Old Trail PUD Zoning Agreement including the revised master and final site plan and PAMP.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue the item to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,800.00 application fee and the $290.00 completeness 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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