Legislation Details

File #: 24-0590   
Type: Departmental Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 2/20/2024 Final action: 2/20/2024
Title: REQUEST PHASE 2 PLAT APPROVAL FOR THE HIGHPOINTE PLANNED UNIT DEVELOPMENT (PUD)
Attachments: 1. 2024_0207_C148-015_DRT_STAFF_FINAL.pdf, 2. 2024_0202_C148-015 PHASE 2 PLAT.pdf, 3. 2024_0207_C148-015 DRAFT CONTRACT.pdf, 4. 2024_0207_C148-003 DRAFT SURETY.pdf, 5. 2024_0130_C148-015 APPROVED EOPC.pdf, 6. C148-015 RESOLUTION TO APPROVE PHASE 2 RFSP.pdf, 7. 2023_1120_C148-015 EXHIBIT A LEGAL DESCRIPTION.pdf, 8. 2024_0130_C148-015 EXHIBIT B PHASE 2 REVISED FSP.pdf, 9. 2023_1107_C148-013 PHASE 2 FSP APPROVED.pdf, 10. Resolution cs 2-2-24.pdf, 11. 1-Non-Exclusive Flow-Through D and A Easement.pdf, 12. 2-Highpointe UE.pdf, 13. 3-Escrow Agreement w-Replacement UE-Exhibit A.pdf, 14. 4-Release of Non-Exclusive Flow-Through.pdf, 15. 5-Partial Release of Corrective UE.pdf, 16. 2024_0130_C148-015 APPLICATION.pdf, 17. 2023_0518_C148-015 SIGN CERTIFICATION.pdf, 18. 2024_0202_C148-015 RESO DENY PLAT.pdf, 19. Staff Presentation, 20. SUPP MEMO, 21. 17. Disclosure of Interest Affidavit.pdf

PLACEMENT: Departmental - Quasi-Judicial

TITLE:

title  

REQUEST PHASE 2 PLAT APPROVAL FOR THE HIGHPOINTE PLANNED UNIT DEVELOPMENT (PUD)

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EXECUTIVE SUMMARY:

executive summary

This is a request by Cotleur & Hearing, on behalf of Pulte Home Company LLC, for approval of the Highpointe PUD Phase 2 Plat. The proposed plat is to be consistent with the Phase 2 final site plan which includes 190 residential lots on approximately 145-acres. Included with this application is a request for a Certificate of Public Facilities Exemption.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Brian Elam, PMP                     

                     Title:                     Principal Planner                     

REQUESTED BY: Cotleur & Hearing, Daniel Sorrow                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

This is a request by Cotleur & Hearing, on behalf of Pulte Home Company LLC, for approval of the Highpointe PUD Phase 2 Plat. The proposed plat is to be consistent with the Phase 2 final site plan which includes 190 residential lots on approximately 145-acres. The site is located on the east side of SW Pratt-Whitney Road north of SW Bulldog Way at 10205 SW Pratt-Whitney Road in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption.

 

As a result of the review of said plat application, minor technical adjustments were required to the previously approved Phase 2 final site plan to ensure consistency with the plat in accordance with Section 10.5.F.6.e.(2), Land Development Regulations, Martin County Code.

 

Christ Fellowship Church, Inc., a Florida not-for-profit corporation, and Pulte Home Company, LLC, a Michigan limited liability company, have agreed to provide a Utility Easement in exchange for the Board approving a Partial Release of a Corrective Utility Easement; Release of a Corrective Non-Exclusive Flow-Through Drainage and Access Easement and Non-Exclusive Flow-Through Drainage and Access Easement; and an Escrow Agreement as a condition of approval of the Highpoint PUD Phase 2 Plat.  The Utility Easement provided by Christ Fellowship Church and Pulte Home Company will be held in escrow until such a time that all required conditions of the Phase 2 Plat have been met.

 

Highpointe Property Owners Association, Inc., a Florida not-for-profit corporation, has agreed to provide a Non-Exclusive Flow-Through Drainage and Access Easement and a Utility Easement as a condition of approval of the Highpoint PUD Phase 2 Plat. 

 

Real Property has confirmed ownership and there are no mortgages encumbering the easement premises. 

 

Section 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.

 

Review of this application by the LPA was not required.

 

The following supporting items are attached:

Staff Report

Plat

Draft Contract

Draft Surety                     

Approved Engineers Opinion of Probable Costs

Resolution to Approve Highpointe PUD Phase 2 Revised Final Site Plan

Exhibit A Legal Description

Exhibit B Proposed Phase 2 Revised Final Site Plan

Approved Phase 2 Final Site Plan

Resolution to Approve Drainage, Access, and Utility Easements

Non-Exclusive Flow-through D and A Easement

Highpointe Utility Easement

Escrow Agreement with Replacement Utility Easement - Exhibit A

Release of Non-exclusive Flow Through

Partial Release of Corrective Utility Easement

Application Materials

Disclosure of Interest (to be provided in a Supplemental Memorandum)

Sign Certification

Resolution to Deny Plat

Staff Presentation

 

ISSUES:

 

None

 

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 the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.

2.                     Move the Board approve the Highpointe PUD, Phase 2 Plat and Phase 2 Revised Final Site Plan including the Contract for Construction of Required Improvements and Infrastructure.

3.                     Move that the Board adopt a Resolution accepting and approving:

a.                     A Non-Exclusive Flow-Through Drainage and Access Easement and a Utility Easement from Highpointe Property Owners Association, Inc. a Florida not-for-profit corporation as a condition of approval of the Highpointe PUD Phase 2 Plat; and

b.                     Escrow Agreement and Utility Easement from Christ Fellowship Church, Inc., a Florida not-for-profit corporation and Pulte Home Company, LLC, a Michigan limited liability company as a condition of approval of the Highpointe PUD Phase 2 Plat; and

c.                     Release of a Corrective Non-Exclusive Flow-Through Drainage and Access Easement and a Non-Exclusive Flow-Through Drainage and Access Easement rescinding Resolution 15-5.9; and

d.                     Partial Release of a Corrective Utility Easement and authorize the Chairman to sign any and all documents necessary to complete the transaction.

 

ALTERNATIVE RECOMMENDATIONS

None

 

FISCAL IMPACT:

 

RECOMMENDATION

The applicant has paid the $16,600 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:     

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