HomeMy WebLinkAboutHandouts_Special Meeting_Tab _10/03/2005 (2) MARTIN COUNTY, FLORIDA
DEVELOPMENT REVIEW
...�,�. STAFF REPORT
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OLD PLANTATION PUD (ISLAND WAY ESTATES) - REZONING
Project Number: I035-001
Report number: gmdO5d.755
Agent: � Carolyn Bortz, CLA, Gunster, Yoakley & Stewart, P.A
Applicant: Island Way, LLC
Application type and number: D003 200400169
Date application submitted: 04/16/2004
Date application found sufficient: 06/10/2004
Date of initial staff findings: 11/15/2004
Date of DRC action on PUD: 08/04/2005
Project Coordinator: Harry King, Principal Planner
Planning Administrator: Gil Backenstoss
Report date on rezoning: 09/19/2005
Date of LPA public hearing: (to be advertised)
Date of Board public hearing: (upon LPA recommendation)
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This is an application for a proposed amendment to the county Zoning Atlas (Section 3.2.E, LDR).
Request for approval of a Rezoning from RE-2A to PUD(R), in conjunction with a PUD(R) Master
Site Plan for a 39 unit single family residential development on a?8.59 acre paxcel located in
southeastern Martin County, bordered by Palm Beach County on the south and east.
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This is an application to petition the rezoning of property to another zoning district designation.
Standards for amendments to the Zoning Atlas.
i. The Comprehensive Growth Management Plan (CGMP) states in Section 4.4D: "Goal
(eliminate inconsistent uses) Martin County shall eliminate or reduce uses of land within the
County which are consistent with community character or desired future land uses."
2. The Martin� County Land Development Regulations (LDR), in Section 3.2 E.1. provide for
the following "Standards for amendments to the Zoning Atlas."
The Future Land Use Map of the CGMP (Comprehensive Growth
Management Plan) establishes the optimum overall distribution of land
De'velopment Review Staff Report
uses. The CGMP also establishes a series of land use categories which
provide, among other things, overall density and intensity limits. The
Future Land Use Map shall not be construed to mean that every parcel is
guaranteed the maximum density and intensity possible pursuant to the
CGMP and these Land Development Regulations. All goals, objectives
and policies of the CGMP shall be considered when a proposed rezoning
is considered. The County shall have the discretion to decide that the
development allowed on any given parcel of land shall be more limited
than the maximum allowable under the assigned Future Land Use
Category; provided, however, that the County shall approve some
development that is consistent with the CGMP, and the decision is fairly
debatable or is supported by substantial, competent evidence depending
on the fundcamental nature of the proceeding. If upon reviewing a
proposed rezoning request the County determines that the Future Land
Use designation of the CGMP is inappropriate, the County may deny such
rezoning request and initiate an appropriate amendment to the CGMP.
The applicant is requesting approval of the PUD zoning district to support the proposed
Old Plantation PUD consisting of 39 typically net 1.0 acre single family lots on 78,59
acres. This results in Gross Residential Density of 0.48 dwelling units per acre. The
Rural Density Future Land Use Designation on this property would support up to 0.5
units per acre. The existing RE-2A zoning district would allow net 2.0 acre lots to be
created as a standard subdivision.
With the net useable area, estimated at 68 acres, approximately 34 or 3 S lots with
minimum 2-acre lot sizes may be created if the property were to be developed with the
existing RE-2A zoning district lot size. The PUD proposal allows a maximum of 0.48
dwelling units per acre and permits 39 single family lots. Only the existing RE-2A
zoning district or a PUD proposal at less than gross density of 0.5 units per acre would
implement the Rural Density Land Use Designation
3. The Martin County Land Development Regulations (LDR), in Section 3.2 E.2. provide the
following "Standards for amendments to the Zoning Atlas." In the review of a proposed
amendment to the Zoning Atlas, the Board of County Commissioners shall consider the
following:
a. Whether the proposed amendment is consistent with all applicable provisions
of the Comprehensive Plan; and,
The proposed PUD zoning district is consistent with the provisions of the Martin County
Comprehensive Crrowth Management Plan which states Rural Density projects shall be
located outside the primary urban service area. The site is located within the Secondary
Urban Service Area and no connection of the net 1.0 acre lots is proposed to central water
and wastewater lines that exist along the extension of SE Island Way.
b. Whether the proposed amendment is consistent with all applicable provisions
of the LDR; and,
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Development Review Staff Report
The Article 3 land development regulations require PUD applications to comply with all requisite
environmental and site design standards. The subject 78.59 acre parcel complies as a PUD master
pian for the proposed 391ots.
c. Whether the proposed district amendment is compatible with the character of
. the existing land uses in the adjacent and surrounding area and the peculiar
suitability of the property for the proposed zoning use; and,
Adjacent to the south property line of the subject site is an existing single family subdivision
(Cypress Cove, located within the corporate limits of the Town of Jupiter in Palm Beach County)
Separating these smal�ler lots this developer is proposing a nearly 2 acre Flow Through Marsh to
connect the Wetland Preserve in the northeast corner to the conservation area to the south that is
maintained by Palm Beach County . Adjacent to the west of SE Island Way is the entrance to the
Bridgewater subdivision of net five (5) acre single family lots as currently. A master site plan is
currently under review for 361ots on that property. To the north is the Pennock Preserve PUD;
currently under review as 831ots on 210 acres. That property is currently vacant land and
significant portions are set aside in that PUD proposal as wetland preserve areas. The proposed
PUD district and the companion PUD master plan for Old Plantation is compatible with the
character of the existing lands, therefore, is the most appropriate zoning designation for this site.
d. Whether and to what extent there are documented changed conditions in the
area; and,
This area has historically been developed as single family lots, both in the Martin County
portions to the north of Section 28 and the Town of Jupiter areas to the east. Staff expects this
area to continue to develop with a variety of lot sizes but as single family projects.
e. Whether and to what extent the proposed amendment would result in demands
on public facilities; and,
The site is located within the Secondary Urban Service Area and thus no connection is proposed
to the existing central water and wastewater system available to the east or within the right-
of-way for SE Island Way is proposed. The subject 391ots are sized to accommodate septic
tank and private on-site wells.
f. Whether and to what extent the proposed amendment would result in a
logical, timely and orderly development pattern which conserves the value of
existing development and is an appropriate use of the county's resources;
and,
The proposed change of zoning request is consistent with the policies of the Martin County
Comprehensive Growth Management Plan which states that lower densities and larger lot sizes
shall be established within the secondary urban service district where densities of
0.5 units per acre can be accommodated. Also the subject site is adjacent to
an established single family development within the limits of the Town of Jupiter
that has anticipated that development of Section 28 would be at Rural Density.
g. Consideration of the facts presented at the public hearings.
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Development Review Staff Report
The dates and times of this public heaxing request will be advertised in a local newspaper and
public notices will be mailed out to all property owners within 600 feet of the subject property.
h. Consideration proposed Old Plantation PUD related to other Section 28
projects that are in progress.
The following graphic relates the Old Plantation PUD to the Pennock Preserve PUD to the north,
the Bridgewater subdivision to the west and the Martin County South County Line southeast:
Martin County South County Developments � "'�'•"""�"`"��` � a M �
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�� °., g :� '} °'°��'� � 161ots, 33 acres 131ots, 8 acres
# P,e�nnock
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The subject rezoning to PUD is contingent upon acceptance of the concurrent application for PUD
master plan and PUD Zoning Agreement. Otherwise, the existing zoning district of RE-2A would
remain acceptable.
Staff has reviewed this petition for a rezoning of property to the appropriate zoning district
designation, has determined that the petition has been submitted and reviewed consistent with the
procedural requirements of Article 10 and is in compliance with the substantive provisions of Article
3. Staff recommends approval of this rezoning petition.
The specific findings and conclusion of each review agency related to this request are identified in
Sections G, H, S, and T of this report. Sections I through R of the standard format are not applicable
to this action. The current review status for each agency is as follows:
Section Division or Department Reviewer Phone Assessment
G Comprehensive Plan Harry W. King 288-5501 Comply
H Development Review Harry W. King 288-5501 Comply
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tlevelopinent Review Staff Report
S County Attorney Krista. Storey 288-5440 Pending
T Adequate Public Facilities Harry W. King N/A
The following are recommended approval conditions from the Local Planning Agency:
(A. Subject to deliberation at an advertised public hearing)
The following are conditions of approval of the development order as granted by the Board of County
Commissioners:
A. (Pending recommendation of the LPA and the deliberations at an advertised public hearing)
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Parcel number(s) and address:
28-40-42-000-000-0011.0-60000 No Address
28-40-42-000-000-0011.1-50000 No Address
28-40-42-000-000-0011.2-40000 No Address
Nearest major road: .
Census Tract: NA
Commission District: 3
Community redevelopment area: Not Applicable
Municipal taxing district: Not Available
Planning area: South County
Storm surge zone: Not Available
Traffic analysis zone: NA
General features of the site
Gross area of site: 79 acres
Residential development
The PUD zoning district proposal includes a master plan for 39 single family lots on 78.59 acres.
Adjacent existing o� proposed development
To the north: Vacant, proposed as Pennock Preserve PUD
To the south: Palm Beach County Preserve
To the east: Single Family Residences (Town of Jupiter)
To the west: Vacant, proposed as Bridgewater Ranchettes
Zoning district designations of abutting properties
To the north: A-1, Small Farms, Pending as the Pennock Preserve PUD
To the south: PC - Conservation in Palm Beach County
To the east: R-1, Single Family in Town of Jupiter
. To the west: AR-SA, Agricultural Ranchette across Island Way
Future land use designations of abutting properties
To the north: Rural Density
To the south: Public Conservation (Palm Beach County)
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Qevelopr,�ent Review Staff Report
To the east: Rural Density (Palm Beach County, Town of Jupiter)
To the west: Agricultural Ranchette
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Unresolved issuest
Additional information:
ITEM # 1:
The subject rezoning to the PUD zoning District would allow approval of the concurrent request for
the Old Trail PUD (f/k/a/ Island Way Estates PUD). The PUD zoning district remains appropriate so
long as the PUD master plan and zoning agreement are concurrently approved.
Recommendation:
The Martin County Comprehensive Growth Management Plan, Goal A, Objective 1, Policy a,
states: 'The County's existing Land Development Regulations shall be revised to conform to all
guidelines and standards contained in this Plan.
Staff has reviewed this application and finds that that it complies with the LDR. Staff
recommends approval of this development application as consistent with the guidelines and standards
of the applicable Comprehensive Plan goals, objectives and policies, as implemented in the LDR.
Comments:
The rezoning to PUD is contingent on the concurrent approval of the PUD master plan and zoning
agreement.
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Unresolved issues:
Additional information:
ITEM # 1:
The notice of a public hearing regarding development applications shall be mailed at least fourteen
(14) calendar days prior to the public hearing by the applicant to all owners of real property located
within a distance of three hundred (300) feet of the boundaries of the affected property. For
develobment parcels which lie outside of or border the Primary Urban Service District the notification
distance shall be mcreased to six hundred (600 feet In addition, notice shall be mailed to all
homeowner associations, condominium associations and the owners of each condominium unit within
the notice area. Note that a current listin� of bronertv owners within 600 fee mav be needed since the
prior list was �enerated in December 2004
A list of all owners to be notified shall be provided by the applicant to the Growth Management
Department (GMD) director no later than two (2) weeks prior to the scheduled time of the public
hearing. This list shall be based on the most recent tax roll available and must be certified as to its
authenticity and completeness by an attorney at law or title company. (Section 10.6.E)
Comments:
Notice is also provided to the Town of Ju piter and Palm Beach County in accordance with the
mter�overnmental coordmation procedures
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Development Review Staff Report
Recommendation:
Martin County shall manage growth and development in a fiscally efficient manner which is
consistent with the capabilities of the natural and human systems and which maintains quality of life
standards acceptable to its citizens. Each development application shall be consistent with the land
development regulations which implement the comprehensive plan goals, objectives, and policies
governing land development.
The LDR provide development review procedures to implement the goals, objectives and policies
contained in the Martin County Comprehensive Growth Management Plan (Comprehensive Plan).
Pursuant to Section 10.2.F, LDR: 'No development...sha11 be commenced or undertaken in Martin
County that is inconsistent with the Comprehensive Plan, the LDR and the Code... It shall at all times
be the applicant's responsibility to demonstrate consistency with the goals, objectives and policies of
the Comprehensive Plan, the LDR and the Code.'
Staff has reviewed this application for consistency with the LDR and code implementing Martin
County Comprehensive Growth Management Plan goals, objectives and policies and the associated
guidelines and standards. Staff finds that this development application is consistent with the
applicable land development regulations and recommends approval.
Comments:
The subject rezonin� is contingent on the approval of the concurrent PUD master plan and zonin�
a�reement.
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Unresolved issues: �
ITEM # 1:
Please refer to memo legO5m.192 for the Legal Department comments regarding the review of the
PUD agreement that remained pending as of February, 2005.
Additional information:
ITEM # 1:
The applicant is advised to contact the Growth Management Department for the correct form for all
required documents. The forms have been drafted to be consistent with all applicable laws, ordinances
and regulations. If completed properly, there should not be any delay in post-approval processing.
Recommendation:
Pending completion of the PUD Agreement.
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ITEM # 1:
The following is a summary of the review for compliance with the standards for a Certificate of
Adequate Public Facilities Exemption (Article 5, LDR) for development and alterations or expansions
to approved developments that do not create additional impacts on public facilities:
Potable water facilities
Service provider - Exempted
Source - Utilities Department
Reference - see Section O of this staff report
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l�evelopinent Review Staff Report
Sanitary sewer facilities
Service provider - Exempted
Source - Utilities Department
Reference - see Section O of this staff report
Solid waste facilities
Findings - Exempted
Source - Growth Management Department
Stormwater management facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section N of this staff report
Community park facilities
Findings - Exempted
Source - Growth Management Department
Roads facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section M of this staff report
Mass transit facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section L of this staff report
Public safety facilities
Findings - Exempted as not creating additional impacts to public services
Source - Growth Management Department
Reference - see Section P of this staff report �
Development that does not create additional impact on public facilities includes:
A. Additions to nonresidential uses that do not create additional impact on public facilities;
B. Changes in use of property when the new use does not increase the impact on public facilities
over the pre-existing use, except that no change in use will be considered exempt when the preexisting
use has been discontinued for two years or more;
C. Zoning district changes to the district of lowest density or intensity necessary to achieve
consistency with the Comprehensive Crrowth Management Plan;
D. Boundary plats which permit no site development.
Exempted development will be treated as committed development for which the county assures
concurrency.
Comments:
While the rezoning abplication �ualifies for exemption status the concurrent rebort on the PUD
master and zoning ag,reement is evaluated for the requirements of an Affidavit Deferrin� Public
Facilities Reservation.
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ITEM # 1:
Please submit an accurate legal description, with an acreage total and parcel control number(s) of the
subject parcel(s), marked as 'Exhibit A' for attachment to the resolution authorizing the development.
(Section 10.2.B, LDR)
ITEM # 2:
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Development Review Staff Report
� Approval of the petition for the rezoning is conditioned upon the applicant's submittal of all
required documents, executed where appropriate, to the Growth Management Department (GMD),
including any unpaid fees, within sixty (60) days of the final action granting approval.
All documents are to be submitted as one (1) complete, 'original,' packet accompanied by the
required copies as additional packets. The following documents listed and checked must be submitted
to the GMD:
A. One (1) copy of the legal description identified as'Exhibit A,' including the gross acreage total
and the Martin County Property Appraiser Office parcel control number(s) for the property,
B. Payment of recording fees by check made payable to the Clerk of the Circuit Court - calculated
at $6.00 for the first page and $4.50 each additional page plus $1.00 search fee for each document.
The recording fee for multiple documents should be combined and included in one check. The receipt
from the clerk's office and copies of the recorded documents will be mailed to the applicant by the
Growth Management Department (GMD) after recording.
C. A check made payable to the Martin County Board of Commissioners, for payment of $
(pending two hearings), the advertising fee for the required public hearing before the Board of County
Commissioners.
Failure to submit the required, executed, docuxnents and fees in compliance with Section 10.9,
LDR, will render the approved development order null and void.
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Public advertising fees for the development order will be determined and billed subsequent to the public
hearing. Fees for this application are calculated as follows:
Fee type; Fee amount: Fee payment: Balance:
Application fees 3,267.31 3,267.31 .00
Environmental inspection fees .00 .00 .00
Engineering fees 80.00 80.00 .00
Mandatory impact fees .00 .00 .00
Non-mandatory impact fees .00 .00 .00
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Applicant: Island Way, LLC Y � ` �
200 Admirals Cove Blvd. Suite 417
Jupiter, FL 33477
561-744-1033
Agent: Carolyn Bortz, CLA
� Gunster Yoakley & Stewart, P.A.
800 SE Monterey Commons Blvd.
Stuart, FL 34996
772-288-2980
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1. Application location map " � `
2. Applicant's submittal packet with the PUD master plan submittal
3. Initial Legal Department memo legO5m.192 from prior PUD evaluation in February, 2005
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' MARTIN COUNTY, FLORIDA
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' ' STAFF REPORT
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A. Applic�ction Information
OLD PLANTATION PUD (ISLAND WAY ESTATES) - REZONING
Project Number: I035-001
Report number: gmdO5d.755
Agent: Carolyn Bortz, CLA, Gunster, Yoakley & Stewart, P.A
Applicant: Island Way, LLC
Application type and number: D003 200400169
Date application submitted: 04/16/2004
Date application found sufficient: 06/10/2004
Date of initial staff findings: 11/15/2004
Date of DRC action on PUD: 08/04/2005
Project Coordinator: Harry King, Principal Planner
Planning Administrator: Gil Backenstoss
Report date on rezoning: 09/19/2005
Date of LPA public hearing: (to be advertised)
Date of Board public hearing: (upon LPA recommendation)
B. App�ication type
This is an application for a proposed amendment to the county Zoning Atlas (Section 3.2.E, LDR).
Request for approval of a Rezoning from RE-2A to PUD(R), in conjunction with a PUD(R) Master
Site Plan for a 39 unit single family residential development on a 78.59 acre parcel located in
southeastern Martin County, bordered by Palm Beach County on the south and east.
C. Project clescription and analysis
This is an application to petition the rezoning of property to another zoning district designation.
Standards for amendments to the Zoning Atlas.
L The Comprehensive Growth Management Plan (CGMP) states in Section 4.4D: "Goal
(eliminate inconsistent uses) Martin County shall eliminate or reduce uses of land within the
County which are consistent with community character or desired future land uses."
2. The Martin County Land Development Regulations (LDR), in Section 3.2 E.1. provide for
the following "Standards for amendments to the Zoning Atlas."
The Future Land Use Map of the CGMP (Comprehensive Growth
Management Plan) establishes the optimum overall distribution of land
Development Review Staff Report
The dates and times of this public hearing request will be advertised in a local newspaper and
public notices will be mailed out to all property owners within 600 feet of the subj ect property.
h. Consideration proposed Old Plantation PUD related to other Section 28
projects that are in progress.
The following graphic relates the Old Plantation PUD to the Pennock Preserve PUD to the north,
the Bridgewater subdivision to the west and the Martin County South County Line southeast:
_ _ __ __ ____ � __..... ___ __ . _.__._. _ �
Martm Count a ���" Mav
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( i "ti � �� Develoument Information
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Y't ':, Jupiter Equestrian Estates Old Cypress
� fi ` 161ots, 33 acres 13 lots, 8 acres
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P,reserve Old Plantation PUD Parcel 20.04
� �! � F; 39 lots, 79 acres 36 lots, 215 acres
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i T^ i ' `: 83 lots, 210 acres 6 lots. 14.5 acres
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D. Stnff reco�zmenclation
The subject rezoning to PUD is contingent upon acceptance of the concurrent application for PUD
master plan and PUD Zoning Agreement. Otherwise, the existing zoning district of RE-2A would
i•emain acceptable.
Staff has reviewed this petition for a rezoning of property to the appropriate zoning district
designation, has determined that the petition has been submitted and reviewed consistent with the
procedural requirements of Article 10 and is in compliance with the substantive provisions of Article
3. Staff recommends approval of this rezoning petition.
The specific findings and conclusion of each review agency related to this request are identified in
Sections G, H, S, and T of this report. Sections I through R of the standard format are not applicable
to this action. The current review status for each agency is as follows:
Section Division or Department Reviewer Phone Assessment
G Comprehensive Plan Harry W. King 288-5501 Comply
H Development Review Harry W. King 288-5501 Comply
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S County Attorney Krista Storey 288-5440 Pending
T Adequate Public Facilities Harry W. King N/A
E. Review Bo�c�rl/Co�tmittee actiorz
The following are recommended approval conditions from the Local Planning Agency:
(A. Subject to deliberation at an advertised public hearing)
The following are conditions of approval of the development order as granted by the Board of County
Commissioners:
A. (Pending recommendation of the LPA and the deliberations at an advertised public hearing)
F. Location c�nd site inforrnation
Parcel number(s) and address:
28-40-42-000-000-0011.0-60000 No Address
28-40-42-000-000-0011.1-50000 No Address
28-40-42-000-000-0011.2-40000 No Address
Nearest major road: .
Census Tract: NA
Commission District: 3
Community redevelopment area: Not Applicable
Municipal taxing district: Not Available
Planning area: South County
Storm surge zone: Not Available
Traffic analysis zone: NA
General featu�es of the site
Gross area of site: 79 acres
Residential development
The PUD zoning district proposal includes a master plan for 39 single family lots on 78.59 acres.
Adjacent existing or proposed development
To the north: Vacant, proposed as Pennock Preserve PUD
To the south: Palm Beach County Preserve
To the east: Single Family Residences (Town of Jupiter)
To the west: Vacant, proposed as Bridgewater Ranchettes
Zoning district designations of abutting properties
To the north: A-1, Small Farms, Pending as the Pennock Preserve PUD
To the south: PC - Conservation in Palm Beach County
To the east: R-1, Single Family in Town of Jupiter
To the west: AR-SA, Agricultural Ranchette across Island Way
Future land use designations of abutting properties
To the north: Rural Density
To the south: Public Conservation (Palm Beach County)
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Qevelopment Review Staff Report
To the east: Rural Density (Palm Beach County, Town of Jupiter)
To the west: Agricultural Ranchette
G. Determination of complia�tce witlz Comprelrensive Groivtlt �lanagement Pl�tn requirements -
Growtlt Management Department
Unresolved issues:
Additional information:
ITEM # 1:
The subject rezoning to the PUD zoning District would allow approval of the concurrent request for
the Old Trail PUD (f/k/a/ Island Way Estates PUD). The PUD zoning district remains appropriate so
long as the PUD master plan and zoning agreement are concurrently approved.
Recommendation:
The Martin County Comprehensive Growth Management Plan, Goal A, Objective 1, Policy a,
states: 'The County's existing Land Development Regulations shall be revised to conform to all
guidelines and standards contained in this Plan.
Staff has reviewed this application and finds that that it complies with the LDR. Staff
recommends approval of this development application as consistent with the guidelines and standards
of the applicable Comprehensive Plan goals, objectives and policies, as implemented in the LDR.
Comments:
The rezoning to PUD is contingent on the concurrent approval of the PUD master plan and zoning
agreement.
H. Determination of compli�nce witlz l�cnd use, site design standards, zoning, and procetlurtrl
requi�ements - Growth Mc�ii�cgement Depccrttnent
Unresolved issues:
Additional information:
ITEM # 1:
The notice of a public hearing regarding development applications shall be mailed at least fourteen
(14) calendar days prior to the public hearing by the applicant to all owners of real property located
within a distance of three hundred (300) feet of the boundaries of the affected property. For
development parcels which lie outside of or border the Prima Urban Service Distr•ict the notification
distance shall be increased to six hundred (600) feet In addition, notice shall be mailed to all
homeowner associations, condominium associations and the owners of each condominium unit within
the notice area. Note that a current listin� of property owners within 600 fee may be needed since the
prior list was generated in December 2004
A list of all owners to be notified shall be provided by the applicant to the Growth Management
Department (GMD) director no later than two (2) weeks prior to the scheduled time of the public
hearing. This list shall be based on the most recent tax roll available and must be certified as to its
authenticity and completeness by an attorney at law or title company. (Section 10.6.E)
Comments:
Notice is also pr•ovided to the Town of Jupiter and Palm Beach Countv in accordance with the
inter�overnmental coordination procedures
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Development Review Staff Report
Recommendation:
Martin County shall manage growth and development in a fiscally efficient manner which is
consistent with the capabilities of the natural and human systems and which maintains quality of life
standards acceptable to its citizens. Each development application shall be consistent with the land
development regulations which implement the comprehensive plan goals, objectives, and policies
governing land development.
The LDR provide development review procedures to implement the goals, objectives and policies
contained in the Martin County Comprehensive Growth Management Plan (Comprehensive Plan).
Pursuant to Section 10.2.F, LDR: 'No development...shall be commenced or undertaken in Martin
County that is inconsistent with the Comprehensive Plan, the LDR and the Code... It shall at all times
be the applicant's responsibility to demonstrate consistency with the goals, objectives and policies of
the Comprehensive Plan, the LDR and the Code.'
Staff has reviewed this application for consistency with the LDR and code implementing Martin
County Comprehensive Growth Management Plan goals, objectives and policies and the associated
guidelines and standards. Staff finds that this development application is consistent with the
applicable land development regulations and recommends approval.
Comments:
The subject rezonin�is contin�ent on the approval of the concurrent PUD master plan and zonin�
a�reement.
Sections I tlirough R of tlte stanrlard format are not applicabte to fJiis «ction.
S. Determin�ition of compli�nce witli legal reqccireme�its - County Attor�zey's Office
Unresolved issues:
ITEM # 1:
Please refer to memo legO5m.192 for the Legal Department comments regarding the review of the
PUD agreement that remained pending as of February, 2005.
Additional information:
ITEM # 1:
The applicant is advised to contact the Growth Management Department for the correct form for all
required documents. The forms have been drafted to be consistent with all applicable laws, ordinances
and regulations. If completed properly, there should not be any delay in post-approval processing.
Recommendation:
Pending completion of the PUD Agreement.
T. Determi�iation of compliance witk the adequr�te public f�cilities requirements - respo►isible
�lep�crtments
ITEM # 1:
The following is a summary of the review for compliance with the standards for a Certificate of
Adequate Public Facilities Exemption (Article 5, LDR) for development and alterations or expansions
to approved developments that do not create additional impacts on public facilities:
Potable water facilities
Service provider - Exempted
Source - Utilities Department
Reference - see Section O of this staff report
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Developinent Review Staff Report
Sanitary sewer facilities
Service provider - Exempted
Source - Utilities Department
Reference - see Section O of this staff report
Solid waste facilities
Findings - Exempted
Source - Growth Management Department
Stormwater management facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section N of this staff report
Community park facilities
Findings - Exempted
Source - Growth Management Department
Roads facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section M of this staff report
Mass transit facilities
Findings - Exempted
Source - Engineering Department
Reference - see Section L of this staff report
Public safety facilities
Findings - Exempted as not creating additional impacts to public services
Source - Growth Management Department
Reference - see Section P of this staff report
Development that does not create additional impact on public facilities includes:
A. Additions to nonresidential uses that do not create additional impact on public facilities;
B. Changes in use of property when the new use does not increase the impact on public facilities
over the pre-existing use, except that no change in use will be considered exempt when the preexisting
use has been discontinued for two years or more;
C. Zoning district changes to the district of lowest density or intensity necessary to achieve
consistency with the Comprehensive Growth Management Plan;
D. Boundary plats which permit no site development.
Exempted development will be treated as committed development for which the county assures
concurrency.
Comments:
While the rezoning application qualifies for exemption status the concurrent report on the PUD
master and zonin�a�reement is evaluated for the requirements of an Affidavit Deferrin� Public
Facilities Reservation.
U. Post-approval requirements
ITEM # 1:
Please submit an accurate legal description, with an acreage total and parcel control number(s) of the
subject parcel(s), marked as 'Exhibit A' for attachment to the resolution authorizing the development.
(Section 102.B, LDR)
ITEM # 2:
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DAvelop ;ment Review Staff Report
Approval of the petition for the rezoning is conditioned upon the applicant's submittal of all
required documents, executed where appropriate, to the Growth Management Department (GMD),
including any unpaid fees, within sixty (60) days of the final action granting approval.
All documents are to be submitted as one (1) complete, 'original,' packet accompanied by the
required copies as additional packets. The following documents listed and checked must be submitted
to the GMD:
A. One (1) copy of the legal description identified as 'Exhibit A,' including the gross acreage total
and the Martin County Property Appraiser Office parcel control number(s) for the property,
B. Payment of recording fees by check made payable to the Clerk of the Circuit Court - calculated
at $6.00 for the first page and $4.50 each additional page plus $1.00 search fee for each document.
The recording fee for multiple documents should be combined and included in one check. The receipt
from the clerk's office and copies of the recorded documents will be mailed to the applicant by the
Growth Management Department (GMD) after recording.
C. A check made payable to the Martin County Board of Commissioners, for payment of $
(pending two hearings), the advertising fee for the required public hearing before the Board of County
Commissioners.
Failure to submit the required, executed, documents and fees in compliance with Section 10.9,
LDR, will render the approved development order null and void.
i� Fees
Public advertising fees for the development order will be determined and billed subsequent to the public
hearing. Fees for this application are calculated as follows:
Fee type: Fee amount.• Fee payment: Balance:
Application fees 3,267.31 3,267.31 .00
Environmental inspection fees .00 .00 .00
Engineering fees 80.00 80.00 .00
Mandatory impact fees .00 .00 .00
Non-mandatory impact fees .00 .00 .00
W. General applicatzon infor�iation �� ��.� �.�
Applicant: Island Way, LLC
200 Admirals Cove Blvd. Suite 417
Jupiter, FL 33477
561-744-1033
Agent: Carolyn Bortz, CLA
Gunster Yoakley & Stewart, P.A.
800 SE Monterey Commons Blvd.
Stuart, FL 34996
772-288-2980
X. Attucl�ments
1. Application location map
2. Applicant's submittal packet with the PUD master plan submittal
3. Initial Legal Department memo legO5m.192 from prior PUD evaluation in February, 2005
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