PLACEMENT: Consent
TITLE:
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REQUEST FOR AMENDMENT OF A PRESERVE AREA MANAGEMENT PLAN FOR THE COVE ROAD DEVELOPMENT, AS REQUIRED BY AN UPDATED STATE OF FLORIDA WETLAND DETERMINATION
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EXECUTIVE SUMMARY:
executive summary
Request to amend the existing preserve area under an approved Preserve Area Management Plan (PAMP) that was issued in 2007. 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
Title: Principal Planner
REQUESTED BY: Cotleur & Hearing and Advanced Restoration Ecology
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On March 9, 2007, a Preserve Area Management Plan (PAMP) was established over the 36-acre property owned by the Cove Road Land Trust, as recorded in the Official Records of Martin County OR Book 02232, page 1003. The PAMP was required as part of a settlement agreement between the Cove Road Land Trust and Martin County on March 3, 2006. The protected wetlands identified in the approved PAMP were based on wetland locations established in SFWMD permit # 43-01923-P and shown in the settlement agreement at that time. The wetland boundary was later revised by the state on September 6, 2007, by SFWMD permit modification. As a result, a PAMP amendment is needed to update the western preserve boundary for consistency with the state’s revised wetland jurisdictional determination and conservation easement recorded over the property. The preserve configuration that ultimately was restored and currently exists today is shown and described on the sketch and legal description in the conservation easement and is attached to the PAMP amendment.
In Martin County, wetlands are protected pursuant to Chapter 9 of the Comprehensive Growth Management Plan and Article 4, Division 1 of the Land Development Regulations. County regulations require that the state unified wetland delineation will determine the final jurisdictional location and extent of wetlands, and all wetlands delineated pursuant to Florida Statutes shall be protected, regardless of size. Since the wetland configuration shown in the original PAMP was changed by the state, a PAMP amendment is necessary to update the wetland boundary to be consistent with state approvals. The landowner, Treasure Coast Properties Investments, LLC, has applied for a major final site plan on 16.50 acres of the previous Cove Road Land Trust property and seeks this PAMP amendment as part of that process.
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 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 the applicant explaining the reason for change and extent of change.
Based on the official documentation by the South Florida Water Management District (SFWMD) that revised the wetland jurisdictional areas, the change to the PAMP is to reflect these revisions to the wetland boundary and associated wetland buffer areas. Documentation by the SFWMD is attached to this item. The SFWMD also required a conservation easement be established over the property. This easement is attached to the PAMP amendment and reflects the current wetland boundary approved by the state.
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 the 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 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 the requirements of the original PAMP.
The original PAMP required the protection of on-site wetlands as defined in County regulations and State Statutes, that were delineated by the state at that time. The PAMP amendment meets all the requirements of the original PAMP by preserving all the existing wetland areas as now established under the state permits and recorded conservation easement. The amended PAMP provides for management and maintenance standards for wetland areas and associated wetland buffers that constitute the on-site preservation area.
Attachments: Original Recorded PAMP
Proposed PAMP Amendment
SFWMD Permit Modification (Wetland JD change)
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move the Board approve the Preserve Area Management Plan Amendment for the Treasure Coast Properties Investments, LLC property.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Amended Preserve Area Management Plan