PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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BANYAN BAY PUD, REQUEST APPROVAL OF THE 9TH PUD AMENDMENT INCLUDING A REVISED MASTER AND PHASING PLAN, AND PHASE 2C FINAL SITE PLAN
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EXECUTIVE SUMMARY:
executive summary
Banyan Bay Macks, LLC requests approval for the 9th Amendment to the PUD zoning agreement including a revised master and phasing plan and Phase 2C final site plan approval for the Banyan Bay PUD. The main entrance to the project is located at the intersection of SW Kanner Highway (SR 76) and SE Pomeroy Street in Stuart. Included is a request for a Certificate of Public Facilities reservation.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden, AICP
Title: Principal Planner
REQUESTED BY: Lucido and Associates, Morris A. Crady, AICP
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Request for the approval of the 9th PUD Amendment for the Banyan Bay PUD including a revised master and phasing plan and Phase 2C final site plan. The 251-acre property is an existing residential PUD located between South Kanner Highway and the South Fork of the St. Lucie River in Stuart. Main access to the property is by way of the existing signalized intersection at SW Kanner Highway (SR 76) and SE Pomeroy Street. Included with this application is a request for a Certificate of Public Facilities Reservation.
The approved PUD Master Plan allows for 305 dwelling units in five phases with an overall project completion deadline in 2027. The final site plan for Phase 1 was approved in 2005 and the Phase 1 plat was approved in 2008. Phase 1, which includes the main entrance, the Preserve Area Management Plan (PAMP) for the entire site and 74 detached single family homesites has been completed and Phase 2 A and 2B are under construction.
The proposed 9th PUD Amendment is solely limited to reducing the number of units and changing the product type in Phase 2C from 48 duplex units to 36 single family units, thereby reducing the total residential units in the development to 293. No changes to the approved Preserve Area Management Plan, drainage requirements, height or setback requirements are required or proposed. Water and wastewater services will continue to be supplied by Martin County Utilities.
Phase 2C consists of 36 residential units on approximately 12.93 acres. The phase is bordered by wetland preserves to the north and west and SW Kanner Highway, preserves and a FDOT drainage pond to the east. The lots average five thousand square feet with a two-story height limit.
The following supporting items are attached:
Staff Report
Revised Master and Phasing Plan
Resolution to Approve Phase 2C
Phase 2C Final Site Plan
Application Materials Including Disclosure of Interest
Resubmittal Materials
Construction Plans
Landscape Plans
Sign Certification
Resolution to Deny
ISSUES:
There are no unresolved issues related to this application. The PUD Amendment is still under review and will be provided by Supplemental Memorandum.
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
• Move that the Board receive and file the agenda item along with its attachments and the staff report as exhibit one.
• Move that the Board approve the 9th Amendment to the Banyan Bay PUD Zoning Agreement including the revised master and phasing plan.
• Move that the Board approve the final site plan for Phase 2C of the Banyan Bay PUD.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue the agenda item to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,800.00 application fee and the $290.00 completeness fee.
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.