PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST FOR APPROVAL OF THE THIRD AMENDMENT TO THE PRESERVE AT PARK TRACE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT (V038-006), INCLUDING A REVISED MASTER/FINAL SITE PLAN AND AMENDED PRESERVE AREA MANAGEMENT PLAN (PAMP)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Lucido & Associates on behalf of D.R. Horton, Inc. for approval of the 3rd Amendment to the Preserve at Park Trace PUD Zoning Agreement including a Revised Master/Final Site Plan for an internal road extension to connect to and serve as the main access to the adjacent Phase 2 of the Cove Royale PUD and an Amended PAMP. The subject site is located at 2320 SE Cove Road, generally at the southwest intersection of SE Cove Road and SE Willoughby Boulevard, in Stuart. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam
Title: Principal Planner
REQUESTED BY: Lucido & Associates, Morris A. Crady, AICP
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Preserve at Park Trace received approval of a Planned Unit Development (PUD) Zoning Agreement including Master/Final Site Plan and Preserve Area Management Plan (PAMP) on September 28, 2021. The development consisted of a 114-lot single family subdivision and the associated infrastructure on an approximately 97-acre parcel resulting in a density of 1.2 units per acre, approximately 84% open space and a PAMP that protects 38 acres of wetland and 25 acres of upland pine flatwood habitat.
The Preserve at Park Trace PUD Plat was approved on September 12, 2023. The first amendment to the PUD Zoning Agreement was approved the same day and consisted of minor technical changes to the Master/Final Site Plan required to be consistent with the Plat.
The second amendment to the Preserve at Park Trace PUD Zoning Agreement included revising the Master/Final Site Plan to remove lots 50 and 51, which reduced the number of lots from 114 to 112, provided private recreation facilities, and accommodated a stub out for a future private road/utility connection to the adjacent property owner/developer of the Cove Royale PUD. The second amendment was approved on November 21, 2023.
This proposed third amendment to The Preserve at Park Trace PUD Zoning Agreement includes a Revised Master/Final Site Plan showing the construction of SE Royale Preserve Way Road, to be performed by the Cove Royale PUD.
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, LDR, Martin County, Fla. The reason for the request is to construct an access road through this project that will connect to phase 2 of the Cove Royale project and will impact a small portion of preserve area. The proposed amended PAMP will deduct 0.04 acres of wetlands and 0.058 acres of wetland buffer from the preserve area. 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, Fla. and therefore was approved by the Growth Management Director. The waiver has allowed for 0.04 acres of direct wetland impacts and 0.03 acres of secondary wetland impacts for construction of an access road to phase 2 of Cove Royale. Mitigation for the impacts entails creation of 1.94 acres of marsh wetlands by converting highly degraded melaleuca uplands near the entrance of the community. This wetland creation area was permitted with approval of the original PUD and provided a surplus of mitigation at that time for the main access road to the project. This additional wetland impact for access to Phase 2 of Cove Royale has been demonstrated by the applicant to be minimal and will be offset by the original mitigation area.
Review of this application by the LPA was not required.
DR Horton is a publicly traded company and has no other applications before the Board, and therefore a Disclosure of Interest Affidavit is not required.
The following supporting materials are provided attached to this agenda item:
Staff Report
Third Amendment to Preserve at Park Trace PUD Zoning Agreement
Exhibit D Revised Master & Final Site Plan
Amended PAMP
Application Materials
Sign Posting Affidavit
Draft Resolution to Deny
Exhibit A Legal Description
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 Preserve at Park Trace PUD Zoning Agreement, including a Revised Master/Final Site Plan and an amended PAMP.
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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