MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

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1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 ANNE SCOTT Commissioner, District 3 SARAH HEARD Commissioner, District 4 JOHN HADDOX Commissioner, District 5 TARYN KRYZDA, CPM County Administrator MICHAEL D. DURHAM County Attorney October 16, 2015 Morris A. Crady, AICP Lucido & Associates 701 East Ocean Blvd Stuart, FL RE: Dear Morris, Telephone: Fax: pschilli@martin.fl.us Jensen Dunes PUD Residential Care Facility Staff Report (J ) The staff report for the Jensen Dunes PUD Residential Care Facility request is enclosed for your careful review. A Joint Applicant/Staff Workshop meeting has been scheduled for Thursday, October 29, 2015 at 10:30 am in the Martin County Growth Management Department Joint Workshop Room (1st Floor). The purpose of the meeting will be to review the staff report with you and answer any questions you might have about the report. Please let me know as soon as possible if the scheduling is acceptable. Following the joint workshop meeting, any re-submittal materials that you intend to provide in response to the staff report should be sent to my attention. You are requested to respond in writing, utilizing the item-by-item format of the sections of the staff report. Your re-submittal must contain one (1) original packet and a bookmarked electronic disc which is an identical copy of the original packet, along with two (2) paper copies of the plans. Upon receipt, the resubmitted materials will be transmitted for review to the appropriate review agencies and individuals that participate in the County's review process. Article 10, Section 10.2.D.3. pertaining to review cycles follows: TELEPHONE WEB ADDRESS 3. Planned Unit Developments and Developments of Regional Impact shall be allowed three (3) resubmittals without payment of a resubmittal fee. All other development applications noted in Section 10.1.D are allowed a single resubmittal of application materials, without payment of additional review fees. Up to two (2) additional submittals (hereinafter referred to as "elective submittals") shall be allowed with payment of a resubmittal fee. The resubmittal fee for elective submittals shall be established by resolution, taking into consideration the non-substantial or substantial nature of the elective resubmittal and the magnitude of the review required of any revised portion of the application. The applicant shall have ninety (90) days from the issuance date of the report to resubmit. The County Administrator may grant one (1) extension not to exceed 60 days upon a showing of good cause. 1 of 14 gmd2016l40.docx

2 Morris Crady, AICP October 16, 2015 Page 2 Sincerely, If the applicant fails to meet the resubmittal deadline including any approved extension period, the application shall be terminated, unless the applicant gives notice that an elective resubmittal will be made. The elective resubmittal shall be made within 90 days from the date the prior resubmittal was due, and shall include the resubmittal fee established by resolution. All traffic studies, surveys and other documents that have expired must be updated by the applicant. The applicant's resubmittal may include a request that disputed items be transmitted to the final decision maker for resolution. Paul Schilling Principal Planner PS:sh Encl: cc: Staff Report Jensen Dunes, LLC & One HC-Jensen Beach LLC 3071 N. Dixie Hwy Pompano Beach, FL of 14 gmd2016l40.docx

3 { MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW STAFF REPORT A. Application Information JENSEN DUNES PUD RESIDENTIAL CARE FACILITY REVISED PUD ZONING AND REVISED MASTER SITE PLAN Applicant: Jensen Dunes, LLC and One HC-Jensen Beach, LLC Property Owner: Jensen Dunes, LLC (Phase 2 and 3) Property Owner: One HC-Jensen Beach, LLC (Phase 1) Agent for the Applicant: Morris A. Crady, AICP, Lucido & Associates County Project Coordinator: Paul Schilling, Principal Planner Growth Management Director: Nicki van Vonno, AICP Project Number: J Application Type and Number: D Report Number: 2015_1016_J _DRT_Staff_FINAL Application Received: 08/12/2015 Transmitted: 08/13/2015 Date of Report: 10/16/2015 B. Project description and analysis The subject of this application is a request for approval of the Second Amendment to the PUD Zoning Agreement and Revised Master Site Plan and Phasing Plan. The 34.3 acre subject property is located on the north side of Cedar Street between the FEC Railroad and Savannah Road and south and west of the Town of Ocean Breeze in Jensen Beach. Included in the application is a request for a deferral of a Certificate of Public Facilities Reservation. On January 10, 2012 the Board of County Commissioners (BCC) granted a zoning change to the PUD District and PUD Master Site Plan approval for the Jensen Dunes project. The PUD Master Site Plan approval was for a 390-bed residential care facility to be constructed in 3 phases. The approved site plan includes 3, 2-story buildings, which will house 130 beds each, and a common recreation area which includes a swimming pool, pavilion, picnic area and gardens. On October 23, 2012 the BCC approved the Phase 1 Final Site Plan consisting of up to 130 beds and associated infrastructure with a required completion date of October 24, On February 18, 2014 the BCC approved the First Amendment to the PUD Zoning Agreement which extended the completion date of the Phase 1 Final Site Plan by one year from October 24, 2014 to October 24, Based on information provided by the applicant, the majority of site work within Phase 1 has been completed and the Phase I building is under construction and more than fifty percent complete. By way of the proposed Second Amendment to the PUD Zoning Agreement, the timetable to 3 of 14

4 complete Phase 1 is proposed to be extended by 6 months, from October 23, 2015 to April 23, The following summary of the proposed Second Amendment has been provided by the applicant: The current PUD Agreement conditions final site plan approval of Phase 2 on the extension of Skyline Drive from its current location at Second Street south through the Town of Ocean Breeze to the project's entrance, or by reclassifying Cedar Street as a collector road by way of a Comprehensive Plan amendment. As specified in PUD Special Condition 12, the extension of Skyline Drive through the Town of Ocean Breeze requires a cooperative agreement with the Town to allow the construction of Skyline Drive either by the developer of Jensen Dunes or by way of a Municipal Service Benefit Unit (MSBU) in cooperation with Martin County. The developer of Jensen Dunes has steadfastly pursued this agreement with the Town to no avail. The Town of Ocean Breeze simply does not want the extension of Skyline Drive through their jurisdiction. Therefore, the developer has no choice but to pursue the alternative of reclassifying Cedar Street as a collector road prior to obtaining final site plan approval of Phase 2 and complete the project With this understanding, additional changes to the PUD Timetable are listed as follows: a) The extension of the time frame to obtain final site plan approval for Phase 2 by 2 years, from January 10, 2015 to January 10, 2017; b) The extension of the time frame to complete the infrastructure in Phase 2 by 2 years, from January 10, 2017 to January 10, 2019; c) The extension of the time frame to obtain final site plan approval for Phase 3 by 1 year, from January 10, 2017 to January 10, 2018; d) The extension of the time frame to complete the infrastructure in Phase 3 by 1 year, from January 10, 2019 to January 10, 2020; and e) The elimination of the extension of Skyline Drive through the Town of Ocean Breeze; f) The deletion of the optional trail and picnic area within the upland preserve. The PUD Amendment also includes the following changes to the Master Plan and Phasing Plan: a) Elimination of the extension of Skyline Drive from its existing location at Second Street through the Town of Ocean Breeze to the project's entrance; b) Addition of a future roadway connection to the vacant property to the east (Town of Ocean Breeze) for emergency access or as a secured secondary access as deemed appropriate by the Town of Ocean Breeze; c) Deletion of the optional picnic area and trail within the upland preserve area. Page 2 of 12 4 of 14

5 To be consistent with the revised master plan and timetable, PUD Special Condition 12 is proposed to be amended as follows: 12. TRAFFIC IMPACTS A. No construction shall commence within the Jensen Dunes P U D until the construction of Skyline Drive from South Street to the entrance of the PUD is constructed and available for use. A. Notwithstanding this requirement, If access to Cedar Street by the Jensen Dunes PUD is allowed by any reclassifying Cedar Street as a collector road by way of a future amendment of the Comprehensive Plan or Land Development Regulations, Jensen Dunes PUD may use Cedar Street for access to Phase 1 of the PUD. without an amendment to this PUD Agreement, until such time as the Skyline Drive construction is completed, which A detailed improvement plan for Cedar Street within the existing 50' right-of-way and consistent with the requirements of a collector road shall be submitted for review and approval in conjunction with the final site plan application for Phase 2. Improvements to Cedar Street, which may include but not be limited to, resurfacing, sidewalks, drainage and landscaping, shall then be required prior to commencement of construction of the issuance of a Certificate of Occupancy for Phase 2 of the PUD. After Skyline Drive is constructed and availale for use, Cedar Street shall only be used for emergency access to the Jensen Dunes PUD. B. As an alternative to the extension of Skyline Drive from South Street to the entrance of the PUD. OWNER shall provide a future roadway connection to the vacant property to the east within the Town of Ocean Breeze for the purpose of providing an emergency access or a secured secondary access as deemed appropriate by the Town of Ocean Breeze. The future roadway connection shall be constructed to the east property line prior to the issuance of a Certificate of Occupancy for Phase 2. The construction timetable for this project includes 3 phases. Each of the phases will include one building consisting of 130 beds starting with Building 1 located in the northeast part of the property and finishing with Building 3 located in the southern part of the site. The timetable for development proposes a buildout for the project over a 7 year period with a requirement for the receipt of all Final Site Plan within the first 5 years of the approval date. C. Staff recommendation The specific findings and conclusion of each review agency related to this request are identified in Sections F through T of this report. The current review status for each agency is as follows: Section Division or Department Reviewer Phone Assessment F Comprehensive Plan Paul Schilling Non-Comply F ARDP Samantha Lovelady N/A G Development Review Paul Schilling Non-Comply Page 3 of 12 5 of 14

6 H Urban Design Paul Schilling N/A H Community Redevelopment Pinal Gandhi-Savdas N/A I Property Management Colleen Holmes N/A J Environmental Shawn McCarthy Comply J Landscaping Karen Sjoholm N/A K Transportation Stephanie Molloy Non-Comply L County Surveyor Michael O Brien N/A M Engineering Lisa Wichser Non-Comply N Addressing Emily Kohler Comply N Electronic File Submission Emily Kohler Comply O Water and Wastewater James Christ Comply O Wellfields James Christ Comply P Fire Prevention Doug Killane Comply P Emergency Management Debra McCaughey N/A Q ADA Bob Steiner N/A R Health Department Todd Reinhold N/A R School Board Boyd Lawrence N/A S County Attorney Krista Storey Pending T Adequate Public Facilities Paul Schilling Pending D. Review Board action This application is classified as a major development. As such, final action on this request is required by the Board of County Commissioners at a public meeting. E. Location and site information General Site Information: Location: On the north side of Cedar Street, between the FEC Railroad and Savannah Road in Jensen Beach. Parcel number: Commission district: 1 Community redevelopment area: N/A Municipal service taxing unit: Northern Planning area: North County Storm surge zone: N/A Taxing district: District A Traffic analysis zone: 7 Service District: Primary Urban Services District Page 4 of 12 6 of 14

7 LOCATION MAP Page 5 of 12 7 of 14

8 F. Determination of compliance with Comprehensive Growth Management Plan requirements - Growth Management Department Findings of Compliance: Staff cannot comply this section until such time as the unresolved issues identified elsewhere in this report are complied. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Unresolved Issues: Item #1: PUD Zoning Amendment 1. Revisions to the existing PUD zoning agreement are required. 2. The applicant must clearly demonstrate that they are currently in compliance with all conditions and requirements of the existing PUD zoning agreement. Item #2: Phasing Plan The Revised Phasing Plan is not consistent with the approved Phase 1 Final Site Plan. Item #3: Emergency Access How will emergency access be achieved? H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department N/A I. Determination of compliance with the property management requirements Engineering Department N/A J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Findings of Compliance: Environmental Page 6 of 12 8 of 14

9 The Growth Management Department Environmental Division staff has reviewed the application and finds it in compliance with the applicable Land Development Regulations. Please be advised of the following environmental requirements, post-approval: Prior to authorization for land clearing A revised gopher tortoise survey is required; surveys must be conducted by a qualified environmental professional within 90 Days of any authorization for land clearing. Please be aware that additional permitting timeframe requirements by the Florida Fish and Wildlife Conservation Commission (FWC) for gopher tortoise surveys may also apply. Copies of revised surveys and any required state permits for this species shall be provided to the Growth Management Department, Environmental Division prior to the pre-construction meeting. K. Determination of compliance with transportation requirements - Engineering Department Unresolved Issues: Item #1: Traffic Impact The Traffic Impact Analysis does not comply with Article 5, Division 3, Sections 5.63 and 5.64 because: 1. Provide intersection analysis for the intersection of Cedar Street and NE Savannah Road for buildout conditions (2020). A Traffic Signal Warrant Analysis should be performed. for both Peak Hour and School Crossing. 2. The adopted amendment limits the traffic volumes on a local street so that the number or trips generated would be equal to or less than the trips that would be generated by residential or multi-family residential uses of the property. Provide trip generation impact comparison between the uses. Provide average weekday traffic volumes. 3. NE Cedar Street is a Class II Urban undivided roadway. Generalized service capacity of 750 should be utilized. 4. Provide peak hour peak direction volume data for NE Cedar Street. 5. Conclusion paragraph includes references inconsistent PM peak trips. 6. On Figure 2 Project Assignment, use NE South Street to direct trips that terminate at southern end of NE Skyline Drive. 7. Table 4 (a & b): The assignment peak direction percentages and values are inconsistent with Figure 2 Project Assignment. 8. Table 4b: Jensen Beach Blvd segment limits must be corrected. This segment should be from CR-723 (instead of County Line Road) to Skyline Drive. 9. If available, the county will provide the weekly seasonal factor to apply. Page 7 of 12 9 of 14

10 L. Determination of compliance with county surveyor - Engineering Department N/A M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department Unresolved Issues: Item #1: Rights Of Way Improvements 1. Depending on the results of the updated traffic analysis, off-site roadway improvements may be required on SE Cedar Street and / or SE Savannah Road. 2. How will emergency access be achieved? 3. A 6-foot sidewalk is required along the frontage of SE Cedar Street. Item #2: STORMWATER MGMT PRE-DEVELOPMENT Staff compared the Revised Master Plan Drainage Report and Calculations that were signed and sealed on July 31, 2015 to the Drainage Report and Calculations that were signed and sealed on June 10, 2011 in support of the approved Master Site Plan. Explain why the peak elevation in the 100-year 3-day storm event increased nearly 1.5 feet and in Basin 2, while the peak stage for the same storm decreased by nearly 2.5 feet in Basin 3 N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments Addressing Findings of Compliance: The application has been reviewed for compliance with Division 17, Addressing, of the Martin County Land Development Regulations. Staff finds that the proposed site plan / plat complies with applicable addressing regulations. Electronic File Submittal Findings of Compliance: The Information Services Department staff has reviewed the electronic file submittal and finds it in compliance with the applicable county requirements. O. Determination of compliance with utilities requirements - Utilities Department Findings of Compliance: Water and Wastewater Service Page 8 of of 14

11 This development application has been reviewed for compliance with applicable statutes and ordinances and the reviewer finds it in compliance with Martin County's requirements for water and wastewater level of service. Wellfield and Groundwater Protection Findings of Compliance: The application has been reviewed for compliance under the Wellfield Protection Program. The reviewer finds the application in compliance with the Wellfield Protection and Groundwater Protection Ordinances. P. Determination of compliance with fire prevention and emergency management requirements Fire Rescue Department Fire Prevention Findings of Compliance: The Fire Prevention Bureau finds this submittal to be in compliance with the applicable provisions governing construction and life safety standards. This occupancy shall comply with all applicable provisions of governing codes whether implied or not in this review, in addition to all previous requirements of prior reviews. Additional Information: Information #1: The following fire suppression water flow is the minimum for residential use: 500 gpm for single family homes/duplexes 750 gpm for multi-family (greater than 12 units) These are the minimum requirements. Additional water flow may be required to supplement fire sprinkler systems or to support other hazardous uses. The developer is responsible to meet any additional flow requirements beyond that which is within the capacity of the utility provider [NFPA 1 and 2]. Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department N/A R. Determination of compliance with Martin County Health Department and Martin County School Board N/A S. Determination of compliance with legal requirements - County Attorney's Office Pending Page 9 of of 14

12 T. Determination of compliance with the adequate public facilities requirements - responsible departments Pending U. Post-approval requirements Approval of the development order is conditioned upon the applicant s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including unpaid fees, within sixty (60) days of the final action granting approval. Item #1: Post Approval Requirements List: After approval the applicant will receive a letter and a Post Approval Requirements List that identifies the documents and fees required. The applicant will return the Post Approval Requirements List along with the required documents in a packet with the documents arranged in the order shown on the list. Item #2: Post Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Item #3: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. Item #4: Six (6) copies 24" x 36"of the approved master site plan and phasing plan. Item #5: Original approved master site plan and phasing plan on Mylar or other plastic, stable material. Item #6: One (1) digital copy of master site plan and phasing plan in AutoCAD 2006 or 2007 drawing format (.dwg). The digital version of the site plan and phasing plan must match the hardcopy version as submitted. Item #7: Original and one (1) copy of the executed approved PUD zoning agreement. Page 10 of of 14

13 V. Local, State, and Federal Permits All the applicable Local, State and Federal Permits have been issued. W. 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 review fees: $13, $13, $0.00 Site inspection fees: TBD Advertising fees*: TBD Recording fees**: TBD Mandatory impact fees: TBD Non-mandatory impact fees: TBD * Advertising fees will be determined once the ads have been placed and billed to the County. ** Recording fees will be identified on the post approval checklist. X. General application information Applicant: Agent: Jensen Dunes, LLC & One HC-Jensen Beach, LLC Joe Hummel 3071 N. Dixie Highway Pompano Beach, FL Lucido & Associates Morris A. Crady, AICP 701 East Ocean Blvd Stuart, FL Y. Acronyms ADA... Americans with Disability Act AHJ... Authority Having Jurisdiction ARDP... Active Residential Development Preference BCC... Board of County Commissioners CGMP... Comprehensive Growth Management Plan CIE... Capital Improvements Element CIP... Capital Improvements Plan FACBC... Florida Accessibility Code for Building Construction FDEP... Florida Department of Environmental Protection FDOT... Florida Department of Transportation LDR... Land Development Regulations LPA... Local Planning Agency MCC... Martin County Code MCHD... Martin County Health Department NFPA... National Fire Protection Association Page 11 of of 14

14 SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement Z. Attachments Page 12 of of 14