PLACEMENT: Consent
TITLE:
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REQUEST FOR ALTERATION OF AN EXISTING PRESERVE AREA AND AMENDMENT OF AN APPROVED PRESERVE AREA MANAGEMENT PLAN
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EXECUTIVE SUMMARY:
executive summary
This is a request from Kevin and Emily Bellucy for 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: Maddie Gierczak
Title: Senior Planner
REQUESTED BY: Kevin and Emily Bellucy
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 2008, a PAMP, known as Ponn, LLC. PAMP, was approved by Growth Management Department staff as part of an individual lot development for a single-family residence under building permit BSFR2009040287. Following the original PAMP recordation with Martin County Clerk’s office, the building permit was ultimately canceled, and the lot remained undeveloped.
The parcel is approximately 4.91 acres in size and is located on the south side of SW Moore Street in Palm City. The property has a Future Land Use designation of Agricultural Ranchette and an A-2 Zoning. At the time of PAMP issuance in 2008, the vegetative communities on the property consisted entirely of upland habitat. The PAMP established a required upland preserve area of 0.83 acres.
The current property owners have applied for a building permit and are requesting to relocate the preserve area to accommodate the siting of a new single-family home on the undeveloped property. The request would result in the relocation of a larger preservation area of 1.23 acres of similar upland habitat on the property via an amended PAMP.
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 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.
Mr. & Mrs. Bellucy are requesting alteration of the existing upland preserve area to accommodate the redesign of a new Single-Family Residence and associated infrastructure. The proposed residential project is currently being reviewed under Building permit # BLD2024090163.
The new upland preserve area configuration will result in a wider and larger design in the south portion of the property as compared to the current preserve design, which is smaller, narrower, and situated towards the south-center portion of the property. Since the entire property is comprised of common pine flatwoods upland habitat that is uniform in cover, there is no change to the type or quality of habitat that will be preserved.
The extent of change results in a net increase of preserved on-site habitat to 1.23 acres or 25% of the site under preservation as opposed to 0.83 acres or 17% of the site 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 pine flatwoods 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 agenda item.
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 $1000.00 application fee for a revised Preserve Area Management Plan.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Amended PAMP
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