PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST FOR THE THIRD AMENDMENT TO THE HIGHLANDS RESERVE PUD ZONING AGREEMENT
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EXECUTIVE SUMMARY:
executive summary
Highlands Reserve of Palm City Homeowner’s Association, Inc. has requested a third amendment to the PUD Zoning Agreement to revise Special Condition 18.D regarding responsibility for the ongoing maintenance of the landscaping, irrigation, and lighting located along High Meadow Avenue.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden
Title: Principal Planner
REQUESTED BY: David B. Earle, Esq., Ross Earle Bonan & Ensor, P.A.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Highlands Reserve of Palm City Homeowner’s Association, Inc. (Association) requests approval of the Third Amendment to the Highlands Reserve PUD Zoning Agreement. Currently Special Condition 18.D, requires the Association to maintain in perpetuity the landscaping, irrigation, and lighting along High Meadow Avenue near the Highlands Reserve community and the entrance to Palm City off Interstate 95’s exit. Pursuant to the proposed Third Amendment, the Association has requested that the maintenance responsibility be conveyed to Martin County. In consideration for the County assuming maintenance responsibility, the Association has offered to continue to provide the water and electrical services necessary for the County to operate and maintain the landscaping, irrigation, and lighting. The proposed Third Amendment would also terminate the existing Right-of-way Maintenance Agreement for Highlands Reserve dated August 1, 2006 and recorded in Official Records Book 2190, beginning at page 192, of the public records of Martin County.
The landscaping, irrigation, and lighting along High Meadow Avenue was provided with the development as part of the final site plan approval process. The Right-of-way Maintenance Agreement was executed to formalize the maintenance responsibilities of the Association. The Highlands Reserve HOA has been maintaining the right-of-way since the substantial completion of the project in 2007.
The following supporting documents are attached to this Agenda Item:
Staff Report
3rd Amendment to the Highlands PUD Agreement
Application Materials with Disclosure of Interest and Legal Description
Right of Way Maintenance Agreement
Sign Posting Affidavit
ISSUES:
The annual cost of the water and electrical service to the Association has been estimated by staff to be approximately $4000. The estimated annual cost for the County to maintain and operate the landscaping and irrigation system is $5,600, and the estimated annual cost for the County to maintain and operate the streetlights is $2,200.
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, 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
A. Move that the Board receive and file the Agenda Item and the staff report as exhibit one.
B. Move that the Board approve the Third Amendment to the to the Highlands Reserve PUD Zoning Agreement.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
|
Funding Source |
County Funds |
Non-County Funds |
|
3301-2202-04600-541 |
$2200 |
|
|
3301-2211-03400-541 |
$5600 |
|
|
|
|
|
|
Subtotal |
$7800 |
|
|
Project Total |
$7800 |
ALTERNATIVE RECOMMENDATIONS
Same as above
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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