PLACEMENT: Departmental - Quasi-Judicial
TITLE:
title
REQUEST PLAT APPROVAL FOR BANYAN BAY PUD, PHASE 2C (B082-041)
end
EXECUTIVE SUMMARY:
executive summary
Banyan Bay Macks, LLC requests approval of the Banyan Bay PUD Phase 2C plat. Banyan Bay is an existing approximate 251-acre residential PUD located between SW Kanner Highway and the St. Lucie River in Stuart. Main Access is provided at the signalized intersection at SW Kanner Highway and SE Pomeroy Street. Included is a request for a Certificate of Public Facilities Exemption.
body
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:
Banyan Bay Macks, LLC requests approval of the Banyan Bay PUD Phase 2C plat. Banyan Bay is an existing approximate 251-acre residential PUD located between SW Kanner Highway and the St. Lucie River in Stuart. Main Access is provided at the signalized intersection at SW Kanner Highway and SE Pomeroy Street. Included is a request for a Certificate of Public Facilities Exemption.
The requested plat is for Phase 2C of the development and consists of 36 single family lots and the associated infrastructure. The proposed plat is consistent with the approved final site plan for Phase 2C. Phase 2C final site plan was approved along with a revised master site plan and the 9th Amendment to the Banyan Bay PUD.
The Local Planning Agency (LPA) was not required to consider this plat application and final action on this application is required by the Board of County Commissioners (BCC) in a public meeting pursuant to Table 10.5.F.9., Section 10.5.F. LDR, Martin County, Fla. (2019).
The following supporting materials are provided for this agenda item:
Staff Report
Plat
Approved Final Site Plan
Draft Contract and Surety
Engineers Opinion of Probable Cost
Application Materials
Disclosure of Interest and Deed
Sign Certification
Draft Resolution for Denial
ISSUES:
There are no unresolved issues related to this application.
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
1. Move that the Board receive and file the Agenda Item and all its attachments including the staff report as Exhibit 1.
2. Move that the Board approve the Plat for Banyan Bay Phase 2C including the Contract for Construction of Required Improvements and Infrastructure.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue the Banyan Bay Phase 2C request to a date certain.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $16,600.00 application fee and the $290.00 completeness fee.
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>.