Legislation Details

File #: 24-1015   
Type: Departmental Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 6/18/2024 Final action: 6/18/2024
Title: REQUEST PLAT APPROVAL FOR THE COVE ROYALE PLANNED UNIT DEVELOPMENT (PUD) PHASE 1 PROJECT (C165-006)
Attachments: 1. 2024_0605_C165-006_DRT_STAFF_FINAL.pdf, 2. 2024_0605_C165-006 COVE ROYALE PHASE 1 PLAT.pdf, 3. 2024_0605_C165-006 CONTRACT FOR CONSTRUCTION AND IMPROVEMENTS.pdf, 4. 2024_0528_C165-006 DRAFT SURETY.pdf, 5. 2024_0528_C165-006 APPROVED EOPC.pdf, 6. 2024_0528_C165-006 RESO APPROVE FSP.pdf, 7. 2024_0528_C165-006 EXHIBIT A Legal Description.pdf, 8. 2024_0603_C165-006 EXHIBIT B PH1 RFSP.pdf, 9. 2024_0528_C165-006 APPLICATION MATERIALS.pdf, 10. 2024_0604_C165-006 DISCLOSURE OF INTEREST.pdf, 11. 2024_0605_C165-006 SIGN POSTING AFFIDAVIT.pdf, 12. 2024_0528_C165-006 RESO DENY.pdf, 13. Staff Presentation

PLACEMENT: Departmental - Quasi-Judicial

TITLE:

title  

REQUEST PLAT APPROVAL FOR THE COVE ROYALE PLANNED UNIT DEVELOPMENT (PUD) PHASE 1 PROJECT (C165-006)

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EXECUTIVE SUMMARY:

executive summary

This is a request by Cotleur & Hearing on behalf of KH Cove Royale, LLC for approval of the Cove Royale Planned Unit Development (PUD) Phase 1 plat. The plat is to be consistent with the approved Cove Royale PUD Revised Phase 1 Final Site Plan consisting of 83 single family lots and associated infrastructure on an approximately 70.25-acre site. The site is generally located on the south side of SE Cove Road, east of SE Grace Lane, approximately 0.14 miles west of SE Ault Avenue, 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, PMP                     

                     Title:                     Principal Planner                     

REQUESTED BY: Cotleur & Hearing, George Missimer                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

The Cove Royale PUD including Master and Final Site Plan were approved on March 26, 2019. The approximately 97-acre lot was rezoned from A-1, Small Farms to PUD with an Estate Density (2DU/Ac) Future Land use that would allow a maximum of 157 units. The project was approved for 118 units.

 

The Cove Royale PUD 1st Amendment was approved May 5th, 2020, with a Revised Master and Phasing Plan to allow the project to be developed in two phases. At the same BOCC meeting, the Cove Royale PUD, Phase 1 Final Site Plan was also approved and included approximately 70.25 acres of the 97-acre project site and 81 of the 118 approved single-family lots.

 

The Cove Royale PUD 2nd Amendment was approved on March 21st, 2023. Phase 1 was approved for an increase from 81 single family lots to 83 lots.

 

As a result of the review of said plat application, minor technical adjustments were required to the previously approved Phase 1 revised 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.

 

Review of this application by the LPA was not required.

 

The following supporting items are attached:

Staff Report

Plat

Draft Contract for Construction of Required Improvements and Infrastructure

Draft Surety                     

Approved Engineers Opinion of Probable Cost

Resolution to Approve Cove Royale PUD Phase 1 Revised Final Site Plan

Exhibit A Legal Description

Exhibit B Revised Phase 1 Final Site Plan

Application Materials

Disclosure of Interest

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

2.                     Move that the Board approve the Cove Royale PUD, Phase 1 Plat, the Phase 1 Revised Final Site Plan, and the Contract for Construction of Required Improvements and Infrastructure.

 

ALTERNATIVE RECOMMENDATIONS

Direct staff accordingly.

 

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:  Plat   

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