Legislation Details

File #: 24-0862   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 5/21/2024 Final action:
Title: THE COVE AT HOBE SOUND REQUESTS ALTERATION OF AN EXISTING PRESERVE AREA WHICH IS SUBJECT TO AN APPROVED PRESERVE AREA MANAGEMENT PLAN
Attachments: 1. Cove at Hobe Sound PAMP amendment.pdf

PLACEMENT: Consent

TITLE:

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THE COVE AT HOBE SOUND REQUESTS ALTERATION OF AN EXISTING PRESERVE AREA WHICH IS SUBJECT TO AN APPROVED PRESERVE AREA MANAGEMENT PLAN

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EXECUTIVE SUMMARY:

executive summary

Request an amendment to the existing preserve area boundary under an approved Preserve Area Management Plan (PAMP) that was issued in 2008. Pursuant to Section 4.36.C, Land Development Regulations (LDR), Martin County Code, any alteration to the size, shape, or design of a previously approved preserve area shall be approved by the Board of County Commissioners.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Shawn McCarthy, PWS                     

                     Title:                     Principal Planner                     

REQUESTED BY: The Cove Hobe Sound LLC                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

In 2008, a PAMP was approved as part of a residential, minor development site plan known as Mission Place. The parcel is approximately 4.88 acres in size and located on the north side of SE Rohl Way in Hobe Sound. The property has a Future Land Use of CRA Neighborhood and a zoning of Hobe Sound Redevelopment Zoning District. At the time of PAMP issuance in 2008, the vegetative communities on the property consisted entirely of upland Scrub habitat. The PAMP established an upland preserve area to include 1.247 acres of upland scrub habitat.

 

The residential development project was also platted in 2009 but was never constructed and the property currently remains undeveloped.

 

ISSUES:

 

Pursuant to Section 4.36.C, LDR, Martin County Code, addressing alteration of preserve areas: “There shall not be any alteration of the size, shape or design of a previously approved preserve area without approval by the Board of County Commissioners. An applicant shall make a written request for alteration of a preserve area including the reason for the request and the extent of the alteration. The Growth Management Department Director shall make a recommendation to the BCC regarding the need for the change and the restoration or enhancement necessary to compensate for the alteration. Amendments to a PAMP or alteration of a preserve area must meet all of the requirements of the original PAMP.”

 

Summary of the requirements to amend a Preserve Area:

 

1.                     Approval by the Board of County Commissioners (BCC).

 

2.                     Written request by applicant explaining reason for change and extent of change.

 

The Cove Hobe Sound LLC is requesting alteration of the existing upland preserve area to allow for a new multifamily townhome project and associated infrastructure. The associated residential project is currently being reviewed for a minor final site plan by the County’s Development Review staff. The new upland preserve area configuration will be a more consolidated design in the northeast portion of the property as compared to the current preserve design which is narrower, more linear and situated along west and north property boundaries. Since the entire property is comprised of rare, unique upland habitat that is uniform in quality, there is no change to the type of habitat that will be preserved.

 

The extent of change results in a net increase of preserved on-site rare habit with 27% of the site under preservation as opposed to 25% under the original PAMP.

 

3.                     Growth Management Department Director recommendation to BCC regarding need for change and required compensation for alteration.

 

This proposed PAMP amendment has been reviewed by the Environmental Staff and Director of the Growth Management Department and has been approved as meeting the applicable requirements of all Martin County Code, including the Land Development Regulations and Comprehensive Growth Management Plan. The applicant has provided a need for the change and provided an equal amount of upland habitat to compensate for the proposed alteration, as required by the Land Development Regulations. Therefore, the Growth Management Department Director recommends approval of the PAMP amendment by the BCC.

 

4.                     Amended preserve must meet all of the requirements of the original PAMP.

 

County staff has also verified that the amended preserve area currently meets all the requirements of the original PAMP with a net increase of rare upland habitat preserved under the proposed final site plan.

 

If this preserve alteration is approved by the Board, the proposed PAMP amendment will be recorded with the county clerk’s office and will supersede the original PAMP. The proposed PAMP amendment is attached to this item summary.

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the proposed preserve area alteration and amended PAMP.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

The applicant has paid the $5,935.00 application fee for a revised minor final site plan and the $216.00 completeness fee.

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

☐Budget Transfer / Amendment                     ☐ Chair Letter                                                               ☐Contract / Agreement

☐Grant / Application                                          ☐Notice          ☐Ordinance                     ☐Resolution

☒Other: Amended PAMP    

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>.