PLACEMENT: Consent
TITLE:
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REQUEST FOR APPROVAL OF ALTERATION TO 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 Gaynam and Alexis Rackstraw for an amendment to the existing preserve area boundary under an approved Preserve Area Management Plan (PAMP) that was issued in 2023. 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: Gaynam and Alexis Rackstraw
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 2023, a PAMP, known as Rackstraw PAMP, was approved by the Growth Management Department and recorded with Martin County Clerk’s office. No development was proposed at the time of PAMP approval. The parcel is approximately 9.43 acres in size and is located on the south side of SW 66th 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 2023, the vegetative communities on the property consisted of upland and wetland habitats. The PAMP established a required wetland preserve of 1.39 acres, wetland buffer preserve of 0.63 acres and an additional upland preserve area of 1.39 acres.
Following the original PAMP approval, the property owners cleared an approximately 10-foot-wide path along the property boundary for access and to aid in fence installation. This activity resulted in impacts to approximately 0.12 acres of wetland and 0.56 acres of upland preservation areas that are included in the approved PAMP.
The property owners now plan to develop the property and are requesting to amend the preserve area boundaries prior to filing a building permit application. This PAMP amendment will:
• Shift 0.22 ac of the upland preserve area along the west side of the property containing impacts and exotic vegetation to incorporate an unimpacted native area along the east side of the property;
• Incorporate a new preservation area, to include a Gopher tortoise burrow along the east side of the property, currently excluded from the PAMP;
• Consolidate the upland preserve area;
• Reduce restoration requirement along the west side of the property; and
• Exclude the fenced area from preserve requirements allowing for future access and maintenance to be managed without additional preserve impacts.
Any impacted preservation areas will be planted and restored in accordance with an approved restoration plan provided with the amended PAMP.
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 applicant explaining reason for change and extent of change.
The property owners, Mr. & Mrs. Rackstraw, are requesting alteration of the existing upland preserve area to incorporate higher quality habitat into the upland preserve, to reduce amount of the restoration requirement, and to better accommodate the development of the site for a single-family structure, associated infrastructure, and the future maintenance of the established perimeter fence. The proposed residential project has not yet been submitted for review by the Building Department.
The new upland preserve area configuration will result in a more consolidated design in the south portion of the property and extending along the east portion of the property as compared to the current preserve design. It will also incorporate a gopher tortoise burrow located on the east side of the lot, currently excluded from the PAMP area. In addition, this amendment will replace a small area of exotic vegetation along west side of the property currently included in the PAMP and will replace it with native pine flatwoods habitat along the east side of the property.
The extent of proposed change results in incorporating established unimpacted upland habitat into the PAMP and does not result in a net decrease of preserved on-site habitat and therefore meets all the requirements of 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 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 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.
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 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 $1,000 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
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>.