PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST APPROVAL OF THE THIRD AMENDMENT TO THE COVE ROYALE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT (C165-007), INCLUDING A REVISED MASTER AND PHASING PLAN, PHASE 2 FINAL SITE PLAN AND AMENDED PRESERVE AREA MANAGEMENT PLAN
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EXECUTIVE SUMMARY:
executive summary
This is a request by Lucido & Associates on behalf of KH Cove Royale LLC for a Third Amendment to the Cove Royale PUD Zoning Agreement, including a Revised Master/Phasing plan, Phase 2 Final Site Plan and amended Preserve Area Management Plan (PAMP). The proposed development will remove the previously proposed paved road on an existing manmade berm which connected Phase 1 to Phase 2. Alternative access is proposed to Phase 2 through the private roads within the adjacent Preserve at Park Trace PUD. Included is a request for a Certificate Public Facilities Reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam, PMP
Title: Principal Planner
REQUESTED BY: Lucido & Associates, Brian Nolan, AICP, ASLA
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Cove Royale received approval of a PUD Zoning Agreement including Master/Final Site Plan and PAMP on March 26, 2019. The development consists of 118 single family subdivision and associated infrastructure on approximately 97 acres resulting in a density of 1.21 units per acre, approximately 76% open space and a PAMP that protects approximately 35 acres of wetlands and 19.58 acres of upland habitat.
The Cove Royale PUD first amendment updated the PUD Master/Final Plan, Timetable for Development, and Preserve Area Management Plan in order to develop the project in two phases. The first amendment and the Phase 1 Final Site Plan, consisting of 81 single family lots, were approved on May 5, 2020.
The Cove Royale PUD second amendment revised the Master and Phasing Plan, Phase 1 Final Site Plan, and the Preserve Area Management Plan. The Master Plan added two single family lots to Phase 1 increasing the units from 118 to 120 and the density to 1.24 units per acre. The second amendment was approved March 21, 2023.
On June 18, 2024 the Board approved the Cove Royale PUD Phase 1 Plat and revised Phase 1 Final Site Plan. The plat is in final review with the County Engineer and is not yet recorded.
The subject proposed third amendment to the Cove Royale PUD Zoning Agreement includes a Revised Master and Phasing Plan, Phase 2 Final Site Plan and Amended Preserve Area Management Plan. Three single family lots are removed from Phase 2, reducing the total units in the PUD from 120 to 117, with an overall density of 1.21 dwelling units per acre . The paved access road from Phase 1 to Phase 2 and the existing manmade berm that it was to be constructed on are removed and the restoration of upland and wetland habitat in these areas will be in accordance with the amended PAMP.
The applicant has made a request to amend the approved PAMP for minor alterations of wetland and wetland buffer preserve areas as required under Section 4.36.C, Land Development Regulations (LDR), Martin County Code. The reason for the request is to construct an access road to phase 2 of this project. The original master site plan approved access to phase 2 from the west over an existing berm that bisected a marsh wetland. Access will now be provided from the east through the Preserve at Park Trace project. The existing berm east of phase 2 is now proposed to be removed and turned into created wetlands. The amended PAMP will incorporate 0.61 acres of created wetlands (berm removal) into the preserve areas and will deduct 0.02 acres of wetlands and 0.14 acres of wetland buffer. The amended PAMP is part of this PUD application for consideration and approval by the BOCC.
An environmental waiver application for access to uplands was also provided by the applicant. Staff reviewed the waiver and found it met the criteria under Section 4.3.B, LDR, Martin County Code and therefore was approved by the Growth Management Director. The waiver has allowed for 0.02 acres of direct wetland impacts and 0.02 acres of secondary wetland impacts for construction of an access road to Phase 2. Mitigation for the impacts entails creation of 0.61 acres of wetlands via berm removal that will reconnect two wetlands. This connection will improve wetland hydrology as well as local drainage in the area. Removal of this berm will also make the marsh slough whole again that continues south into the state park.
As part of this application, Cove Royale PUD shall construct an access road, sidewalk and utility connections from Phase 2 to the adjacent Preserve at Park Trace PUD stub out that was approved with the second amendment to the Preserve at Park Trace PUD. The offsite improvements within the Preserve at Park Trace PUD are permitted in accordance with a reciprocal easement agreement ORB 3326, beginning at Page 2557.
Review of this application by the LPA was not required.
The following supporting materials are provided attached to this agenda item:
Staff Report
Third Amendment to Cove Royale PUD Zoning Agreement
Exhibit D Revised Master and Phasing Plan
Amendment #2 PAMP
Draft Resolution to Approve Phase 2 Final Site Plan
Exhibit A Legal Description
Exhibit B Phase 2 Final Site Plan
Landscape Plans
Application Materials
Disclosure of Interest Affidavit
Sign Posting Affidavit
Draft Resolution to Deny
Staff Presentation
ISSUES:
There are no unresolved issues related to this application.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy 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 that is 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 Third Amendment to the Cove Royale PUD Zoning Agreement, including a revised Master and Phasing Plan and amended PAMP.
3. Move that the Board adopt a resolution to approving the Cove Royale PUD Phase 2 Final Site Plan.
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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