PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT INCLUDING A MASTER/FINAL SITE PLAN FOR THE PARADISE LAKE PROJECT (P141-013)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Lucido & Associates on behalf of Heissenberg Family Financial Investments, LLC, for approval to revise a previously approved-but now expired-master and final site plan. The project comprises 11 lots, each approximately 1.1 acres in size. The property is an approximately 72-acre, currently undeveloped site located south of SE 138th Street, approximately 1/4 mile west of SE Kitchen Creek Road. Included is a Certificate of Public Facilities Reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Luis Aguilar
Title: Principal Planner
REQUESTED BY: Lucido & Associates
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Board of County Commissioners initially approved the project known as “Paradise Lake PUD” on March 16, 2010, by way of PUD via Res. 10-3.8. The County received several extension requests from the applicant pursuant to state statutes regarding the site plan and related work; however, the applicant did not obtain final site plan and plat approval within the required timeframe. As a result, the development rights in original PUD Agreement have expired. The new PUD Agreement will take its place under the same project name and ownership.
The applicant now seeks to proceed with the development of the subject property and has submitted an application for a new PUD Zoning Agreement including a Master/Final Site Plan for the Paradise Lake PUD.
The proposed project, originally approved for 12 lots on 72.40 acres, has been reduced to 11 lots on 70.99 acres to preserve specimen oak trees and maintain native upland habitat. The project will provide 94% open space, and 32.38 acres of wetland preserve. The site’s maximum density is 27 units, while the project proposes 11 units, resulting in 0.15 units per acre. The existing recorded flow-through drainage easement in the eastern portion of the site will be maintained and is included as Exhibit G. A Preserve Area Management Plan (PAMP) is proposed as Exhibit H.
As a condition of approval of the Paradise Lake Master/Final Site Plan, Heissenberg Family Financial Investments, LLC, a Florida limited liability company, has provided a Quit Claim Deed for approximately 61,133 square feet of right-of-way along SE 138th Street in Hobe Sound. The applicant has provided the required due diligence materials, and Real Property has confirmed ownership of the property to be conveyed. There are no mortgages encumbering the property.
Sections 139.31 and 139.32, General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by Resolution from the Board of County Commissioners of Martin County. Section 336.08, Florida Statutes, states that the Board may designate the property as a public County road by adoption of a Resolution.
This application is scheduled for consideration by the Local Planning Agency on July 16, 2026.
The LPA’s recommendation will be forwarded to the Board.
The following supporting items are attached:
Staff Report
PUD Zoning Agreement
Legal Description
Master/Final Site Plan
Perpetual Flow Through Easement
Preserve Area Management Plan (PAMP)
Resolution to Approve and Accept Right-Of-Way Deed
Executed Right-Of-Way Deed
Right-Of-Way Location Map
Application Materials
Landscape Plans
Disclosure of Interest
Notice to Surrounding Property Owners
Legal Ad
Sign Posting Affidavit
Surrounding Property Owners Certification
Draft Resolution to Deny
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a 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 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 its attachments including the Staff Report as Exhibit 1.
2. Move that the Board approve the Paradise Lake PUD Zoning Agreement including the Master/Final Site Plan and Preserve Area Management Plan.
3. Move that the Board adopt a Resolution approving and accepting a Quit Claim Deed from Heissenberg Family Financial Investments, LLC, a Florida limited liability company, for dedication of right-of-way and authorize the Chair to sign all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue this item to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,800.00 application fee and the $290 completeness fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: