RIO TOWN CENTER (F/K/A STUART HARBOR) Revised Major Master and Phasing Plans Phase 1 Final Site Plan

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1 { MARTIN COUNTY, FLORIDA DEVELOPMENT REVIEW STAFF REPORT A. Application Information RIO TOWN CENTER (F/K/A STUART HARBOR) Revised Major Master and Phasing Plans Phase 1 Final Site Plan Applicant: Istar Financial Property Owner: Donald E Mears, Jr., Agent For Istar Development Agent for the Applicant: Raul Ocampo & Associates LLC, Raul Ocampo, Jr. County Project Coordinator: Catherine Riiska, MS, PWS, Principal Planner Growth Management Director: Nicki van Vonno, AICP Project Number: S Application Type and Number: D Report Number: 2017_0818_S _DRT_Staff_FINAL.docx Application Received: 12/27/2016 Transmitted: 01/03/2017 Staff Report Issued: 01/30/2017 Joint Workshop: 02/23/2017 Resubmittal Received: 07/10/2017 Transmitted: 07/11/2017 Staff Report: 08/18/2017 Joint Workshop: 08/31/2017 B. Project description and analysis This is an expedited application for a major development Phase 1 final site plan and revised master site plan and revised phasing plan for a mixed use project located within the Rio Town Center Community Redevelopment Area. Included in this application is a request for a Certificate of Adequate Public Facilities Reservation for Phase 1 and a Deferral of Adequate Public Facilities Reservation for the revised master site plan. The entire project site consists of approximately 9.8 acres of predominantly vacant upland and approximately 1.7 acres of submerged lands including an existing boat basin and multislip dock. The project area is located south of SR 707 between NE Martin Avenue and Glass Drive as shown in Figure 1. The project is to be constructed in six (6) phases resulting in a mixed use pedestrian-oriented area of office, retail, restaurant, marina, live-work and multi-family uses with an expanded docking facility for public, private and commercial use (Figures 5 and 6). The Master Site Plan received approval from the Board of County Commissioners on August 4, 2015, via resolution recorded in Martin County Public Records Book 2810 Page Phase 1 of the project consists of four mixed use buildings and centralized infrastructure designed to

2 wholly support the first phase, as well as subsequent phases of development regarding transportation, parking, and utility connection access. Phase 1 includes eighteen residential units and 38,039 gross square feet of limited retail and office uses on approximately 5 acres of land adjacent to SR 707. Phase 1 of the project has been revised to include minor changes to the building sizes, footprints and number of stories, including the relocation of some of the residential units between buildings, which necessitates revisions to the approved master site plan and phasing plan for consistency. Therefore, a revised master site plan and revised phasing plan are being reviewed concurrently with the proposed Phase 1 final site plan application. The subject property is located within the Rio Community Redevelopment Area (CRA) and is subject to the prevailing zoning standards within the Rio Town Center Zoning Overlay, pursuant to Section C. and , Land Development Regulations (LDR), Martin County, Fla. (2007). All abutting properties are also located within the Rio Town Center Zoning Overlay boundaries and are subject to the same zoning development standards upon development or redevelopment. The future land use of the site is the Mixed Use Overlay (MUO), with underlying future land uses of Commercial Limited, Mobile Home, Low Density Residential and Commercial Waterfront. All land use designations in the Mixed Use Overlay areas shall allow mixed use regardless of the underlying land use designations. The nonresidential component of a mixed-use project in an MUO shall include a use from one or more of the following: Commercial Office/Residential, Limited Commercial, General Commercial and compatible Industrial consistent with the requirements of Objective 4.3A. pursuant to Policy 4.3A.4.(2), Comprehensive Growth Management Plan (CGMP), Martin County, Fla. (2017). Portions of the property with the underlying future land use of Commercial Waterfront are required to satisfy the nonresidential component with nonresidential waterfront commercial uses pursuant to Policy 4.3A.4.(3), CGMP, Martin County, Fla. (2017). The project is located within the primary urban services district and will be serviced by Martin County Utilities for water and wastewater services. Primary access to Phase 1 and the overall project is via a centralized private drive off of CR 707, known as NE Rio Town Center Drive, with additional access provided off of NE Martin Avenue via NE Stuart St., NE Bernard St., and NE St. Lucie Terr., which are being improved on the subject property in conjunction with this and subsequent phases as depicted in the project Phasing Plan. 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 Catherine Riiska Non-Comply F ARDP Samantha Lovelady Done G Development Review Catherine Riiska Non-Comply H Urban Design Santiago Abasolo Non-Comply H Community Redevelopment Santiago Abasolo Non-Comply I Property Management Colleen Holmes Comply J Environmental Shawn McCarthy Comply J Landscaping Karen Sjoholm Comply K Transportation Stephanie Piche Non-Comply L County Surveyor Michael O Brien Non-Comply M Engineering Michelle Cullum Non-Comply Page 2 of 27

3 N Addressing Emily Kohler Non-Comply N Electronic File Submission Emily Kohler Comply O Water and Wastewater James Christ Non-Comply O Wellfields James Christ Comply P Fire Prevention Doug Killane Comply P Emergency Management Dan Wouters Non-Comply Q ADA Judy Lamb Comply R Health Department Todd Reinhold N/A R School Board Kimberly Everman Comply S County Attorney Krista Storey Review Ongoing T Adequate Public Facilities Catherine Riiska Review Pending D. Review Board action This application, requesting approval of a Phase Final Site Plan, and related Revised Master Site Plan and Revised Phasing Plan, is classified as a major development. As such, final action on this request for approval is required by the Board of County Commissioners at a public meeting pursuant to Section 10.5.A.2., Land Development Regulations, Martin County, Fla., (2016). Pursuant to Section 10.4.A.1., Land Development Regulations, Martin County, Fla., a review of this application is not required by the Local Planning Agency (LPA). Pursuant to Section 10.1.F, Land Development Regulations, Martin County, Fla., it shall at all times be the applicant s responsibility to demonstrate compliance with the Comprehensive Growth Management Plan (CGMP), Land Development Regulations (LDR) and the Code. E. Location and site information Parcel number(s) and address: NE Anchorage Dr NE Dixie Hwy NE Anchorage Dr NE Anchorage Dr NW Stuart Ave NE Dixie Hwy Unaddressed Existing Zoning: B-1, Business District Existing Zoning: LC, Limited Commercial Existing Zoning: R-3A, Liberal Multi-Family Future land use: FLU-CL, Future Land Use Commercial Limited Future land use: FLU-CW, Future Land Use Commercial Waterfront Future land use: FLU-LDR, Future Land Use Low Density Res 5/Acre Future land use: FLU-MHR, Future Land Use Mobile Home Res 8/Acre Census tract: Not Applicable Commission district: 1 Community redevelopment area: Rio Municipal service taxing unit: District 1 Planning area: North County Storm surge zone: Not Available Page 3 of 27

4 Taxing district: Not Available Traffic analysis zone: Not Available Gross area of site: 4 acres Non-residential gross floor area: 56,810 square feet Residential development: Multi-family units: 18 Figure 1: Location Map Figure 2: Subject Site 2017 Aerial Page 4 of 27

5 Adjacent existing or proposed development: To the north: Commercial, Institutional (across NE Dixie Hwy) To the south: N/A, St. Lucie River To the east: Single Family Residential To the west: Single Family Residential Figure 3: Local Area 2017 Aerial Zoning district designations of abutting properties: To the north: Rio Town Center Zoning Overlay (across NE Dixie Hwy) To the south: N/A, St. Lucie River To the east: Rio Town Center Zoning Overlay To the west: Rio Town Center Zoning Overlay Figure 4: Zoning Map Page 5 of 27

6 Future land use designations of abutting properties: To the north: Rio Town Center Mixed Use Overlay (MUO) (across NE Dixie Hwy) To the south: N/A, St. Lucie River To the east: Rio Town Center MUO and Low Density Residential To the west: Rio Town Center MUO Figure 5: Future Land Use Map with Mixed Use Overlay (MUO) Underlying Future land use designations of abutting properties: To the north: Commercial Limited, COR (across NE Dixie Hwy) To the south: N/A, St. Lucie River To the east: Low Density Residential, Commercial Limited To the west: Low Density Residential, Commercial Waterfront, Commercial Limited Figure 6: Future Land Use Map, Underlying FLU Without MUO Page 6 of 27

7 F. Determination of compliance with Comprehensive Growth Management Plan requirements - Growth Management Department Unresolved Issues: Item #1: Height Restrictions For mixed-use projects in a Mixed Use Overlay in any of the seven designated CRAs, building heights may range from one to three stories with a maximum of 35 feet. Floors devoted to parking shall count toward the maximum number of stories. MARTIN COUNTY, FLA., CGMP POLICY 4.3A.4.(5) (2016) No land uses or development shall be more than 40 feet high. Building height shall be measured from the average finished grade at the perimeter of the building, except in flood hazard areas. In flood hazard areas building height shall be measured from the base flood elevation requirement for the lowest floor as shown on the flood insurance rate map published by the Federal Emergency Management Agency (FEMA). Building height shall be the difference between the finished grade or the base flood elevation described above and either the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge of gable, hip, and gambrel roofs. The mean height level between the ridge and the eaves shall be determined on the highest section of roof. Limited exceptions shall be allowed for structures such as church steeples, roof structures, utility poles, park lighting, emergency structures, agricultural and industrial structures, and communications facilities as detailed in Article 3. Section 3.14, Land Development Regulations, Martin County Code on August 13, MARTIN COUNTY, FLA., CGMP POLICY 2.1A.1(3) (2016). Remedy/Suggestion/Clarification: Please see Item #8 in Section G of this report for details. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Unresolved Issues: Item #1: Legal Description Of The Property A legal description of the property that is the subject of this application must be provided. MARTIN COUNTY, FLA., LDR, 10.2.B. Remedy/Suggestion/Clarification: 1. Please provide a corrected legal description for the Phase 1 Final Site Plan, consistent with the actual Phase 1 boundaries, as a separate exhibit on a letter sized document (8.5" x 11"). This must be consistent with the certified legal description provided on the survey. 2. Please provide a legal description for the Master Site Plan as a separate exhibit on a letter sized document (8.5" x 11"). This must be consistent with the certified legal description provided on the survey. Page 7 of 27

8 Item #2: Verification Of Property Ownership The survey and title work provided by the Applicant during the Master Site Plan approval process identified several private easements throughout the entire property. The Applicant must provide proof that the affected easements have been released, relocated or terminated prior to approval of the Phase 1 Final Site Plan and subsequent phases. Remedy/Suggestion/Clarification: In response to the requirement that the Applicant provide proof that the private easements have been released, relocated or terminated, the Applicant has responded that the private easements affecting Phase 1 are no longer effective under the legal doctrine of merger since the benefitted property and burdened property are now owned by the Applicant. Therefore, the easements are automatically extinguished. However, the Applicant will file a termination of easement in the public records of Martin County, in order to document the termination of easements. Please provide a copy of the recorded Termination of Easements. Item #3: Boundary & Topographic Surveys Provide recent boundary and topographic surveys of all properties that are the subject of this application. MARTIN COUNTY, FLA., LDR, 10.2.B.5. (2016) Remedy/Suggestion/Clarification: 1. Please revise the Phase 1 specific purpose survey to provide boundary annotations and certified total area (square feet and acres) of the limits of the Phase 1 boundaries as shown on the proposed Phase 1 Final Site Plan and the proposed Revised Phasing Plan. 2. Please include a revised Phase 1 legal description on the survey that is consistent with the limits of the Phase 1 boundaries as shown on the proposed Phase 1 Final Site Plan and the proposed Revised Phasing Plan. 3. The applicant may separately crosshatch the area, outside the phase 1 boundaries, that specifies the 'limits of disturbance' for infrastructure and temporary improvements proposed to be completed concurrently with the construction of Phase 1. Item #4: Phasing Plan The application indicates a phasing of the project is sought. Provide a schedule of the phases that is consistent with the deadline requirement to complete the project. [Sections 10.2.B, C, and D; Section d.(1), LDR] Remedy/Suggestion/Clarification: 1. Please Change the title block on Sheet P-1 Job C to say "Rio Town Center - Revised Phasing Plan", instead of the current "Rio Town Center Revised Master Site Plan". Remove the term "exhibit". 2. Please add revision dates and notes to the Revised Phasing Plan, to distinguish it from the previously approved phasing plan. 3. Please remove the new table titled "Site Data" at the bottom of the revised phasing plan. 4. Please explain the changes to the net leasable square footage (NLSF) for the various uses and Page 8 of 27

9 floors in Phase 1, as shown in the Mixed Use Calculations Table on the proposed Revised Phasing Plan (Sheet P-1 Job C-16120). 5. Please revise the Phase 3 total net leasable area to 15,416, instead of the 15,498 currently cited; and update the grand total net leasable area to 57,810 to correct this mathematical error. Item #5: Acreage Of Site Indicate the gross acreage of the project on the site plan, measured in square feet and acres. MARTIN COUNTY, FLA., LDR, 10.2.B. Remedy/Suggestion/Clarification: The provided acreages for total site, upland and submerged areas on the proposed Revised Master Site Plan are different from the approved Master Site Plan. Please explain the reason for the changes and demonstrate their accuracy by providing this information on the surveys for the Master site plan (entire project site) and for the Phase 1 area, as certified by the licensed surveyor. Please also see Item # 3 Survey. Item #6: Revised Master Site Plan A complete site plan is required as part of the application pursuant to Section 10.2.B.5., LDR, Martin County, Fla. Remedy/Suggestion/Clarification: Revised Master Site Plan: 1. Please revise the Allowable Range in the parking required calculation to reflect the change in parking rate. It should cite "359 to 439". 2. Please revise the Commercial (net leasable) Project Total square footage to 57,810 in the Parking Required Calculation table for consistency with Comment #5 in Item #4 above. (This does not result in any changes to the spaces required.) 3. As previously requested, please revise the Building Data and Building Tag Legend for Building C to reflect the currently proposed changes in uses and stories, specifically the addition of residential use and a third floor. 4. Please explain why the applicant has added a new General Note, beyond what was originally approved on the Master Site Plan (Proposed General Note #8). 5. Please remove the newly added "site data" table (located on the middle and far-left portion of Sheet C100) showing pervious, impervious, pedestrian plaza and total areas by each phase. The newly added table does not appear consistent with the existing approved site data (located on the lower right corner of Sheet C100) or the proposed Phase 1 Final Site Plan. 6. Please remove the typical parking space details. These details are required on final site plans and must comply with the County engineering requirements at the time of final site plan approval. Item #7: Phase 1 Final Site Plan A complete site plan is required as part of the application pursuant to Section 10.2.B.5., LDR, Martin County, Fla. Page 9 of 27

10 Remedy/Suggestion/Clarification: Phase 1 Final Site Plan 1. Please add typical parking space details for the standard and ADA spaces. 2. As previously requested, please update the Building Tag Legend for Building C to reflect the currently proposed changes in uses and stories, specifically the addition of residential use and a third story. 3. Please revise the Allowable Range in the parking required calculation to reflect the change in parking rate. It should cite "137 to 167". 4. As previously requested, please provide revised site data calculations based upon the actual boundaries of the Phase 1 area, without including any areas located outside the Phase 1 identified as 'limits of disturbance' that are allocated to other phases, regardless of temporary construction impacts proposed to be completed as part of the initial infrastructure installation being completed concurrently with phase Please dimension roadway rights-of-way adjacent to the project (NE Martin Ave and Dixie Hwy) and indicate the facility type (Residential road and Minor arterial, respectively). 6. Please provide a typical detail for the dumpster enclosures. 7. Please label the fencing proposed on the west side of the parking lot behind Building B and provide a typical detail for the fence. Item #8: Maximum Height Pursuant to Section 3.14.B.2., LDR, Martin County, Fla. (2005), the following are exempt from the maximum allowable height of thirty-five feet (35'): Roof structures including chimneys, parapet walls not over four feet high, tanks and supports, elevator machinery or shafts, penthouses used solely to enclose stairways and air conditioning equipment, provided that such structures do not exceed ten percent of the roof structure measured on a horizontal plane, are not used for human occupancy, and provided that the use of such structure does not exceed the district height requirements by more than eight feet. Pursuant to Section 3.14.A., LDR, Martin County, Fla. (2005), the upper limit on height shall be measured at the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip and gambrel roofs. Remedy/Suggestion/Clarification: Thank you for submitting revised elevations. All structures proposed to exceed 35' in height may not exceed 10% of the horizontal plan of the roof structure, for the full width of any structure proposed above 35': On Sheet A-7, South Elevation, the two towers proposed to exceed the 35 foot height appear to comprise 11 percent of the dimensioned horizontal plane of the roof structure. Additionally, the applicant appears to have dimensioned the horizontal plane based upon the building facade rather than the 'roof structure' at the left end of the elevation. Please revise this elevation drawing to demonstrate that these structures will not exceed 10% of the horizontal plane. Item #9: Application Third Submittal Fee An additional fee is required for the review of the third submittal (the second resubmittal) of documents Page 10 of 27

11 for this development application. Please remit the $3, elective resubmittal review fee with the resubmittal package. MARTIN COUNTY, FLA., LDR, 10.2.D.4 Additional Information: Information #1: Pursuant to Section , Fla. Stat. (2013), and Section 10.2.D.7., LDR, Martin County, Fla. (2016), when reviewing an application for a development permit that is certified by a professional listed in s , a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant s request, shall proceed to process the application for approval or denial. The applicant opted not to waive this limitation on the submitted application form (Item #19, Page 3). Please be advised that if review of this project results in the release of a third staff report, it will be considered to contain the final findings for the purposes of staff compliance recommendations, unless the applicant chooses to waive the limitation in writing. Information #2: No land clearing is authorized prior to the mandatory pre-construction meeting for the project. Property corners and preservation areas shall be located by a licensed land surveyor and clearly marked in the field prior to the pre- construction meeting. Authorization for clearing to install erosion control devices and preserve barricades will be granted at the pre-construction meeting. No additional land clearing shall commence until a satisfactory inspection of the required control structures and barricades has been obtained. Authorization for the relocation of gopher tortoises within the development, as provided for on state agency permits, may be granted by the Growth Management Department upon review of required permit materials. MARTIN COUNTY, FLA., LDR 4.37 Information #3: The applicant has elected Option 2, regarding Agency permit submittal for a consistency review after project approval. Prior to scheduling the mandatory pre-construction meeting for construction commencement authorization, all applicable local, state, and federal approved permits are to be submitted for review by the County Administrator with remittance of a $ review fee. If an application is made to any permitting agency for a modification to a permit that was required to be issued prior to final site plan approval, the application for the permit modification must be submitted concurrently to Martin County. MARTIN COUNTY, FLA., LDR 10.9.A (2016) H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department Unresolved Issues: Item #1: Bicycle And Pedestrian Amenities Urban Design Page 11 of 27

12 Bicycle and pedestrian amenities shall be provided as determined by the square footage of buildings on the site ,999 square feet of Gross Floor Area of Commercial Development [GFACD] requires 1 bike rack, 2. 10,000-50,000 sq ft of GFACD requires 1 bike rack and 1 bench, 3. 50, ,000 sq ft of GFACD requires 2 bike racks and 2 benches, ,001+ sq ft of GFACD requires 4 bike racks, 4 benches and an outdoor water fountain) These amenities may be incorporated into a pedestrian arcade or similar feature that otherwise meets the requirements of this division 20. Bicycle racks shall be provided within 50 feet of any customer entrance. The design of all amenities shall be of durable, long-lasting materials, consistent with the design of the principal structures on site and principles found in Bicycle Facilities Planning and Design Handbook (State of Florida, Department of Transportation, 1997). Benches shall not be less than six feet in length and shall have either structural or vegetative shading. Required bike racks shall be the inverted "U" type and shall be designed to store a minimum of six bicycles each. MARTIN COUNTY, FLA., LDR, B. (2013) Remedy/Suggestion/Clarification: 1. Please label on the Phase 1 Final Site Plan the required bench with the required structural or vegetative shading. 2. Please include on table Phase 1 Bicycle & Pedestrian Amenities of Sheet A-1 the structural or vegetative shading for the required bench. 3. Please show on Sheet A-17 the required structural or vegetative shading for the required bench. Unresolved Issues: Community Redevelopment Item #1: CRA On-site parking requirements: On-site parking will be restricted according to the development standards in Figures 1 through 4. In the case of side yard parking, the parking area shall be a minimum of five feet behind the front setback line and a street wall or opaque screen shall be provided at the right-of-way line or building setback line, whichever is further removed from the roadway. Such street wall or opaque screen shall not exceed four feet in height. MARTIN COUNTY, FLA., LDR SECTION C.1.e (2002) Remedy/Suggestion/Clarification: The applicant has proposed a freestanding sign exceeding 4 feet as the architectural feature approved in the master site plan to meet this requirement for the side yard parking located behind Building A and abutting NE Martin Ave. The proposed sign does not meet these standards and development signage is reviewed through the building permit process, not during site planning. Please provide the following: 1. Please add a screening feature on the Revised Master Site Plan and the Phase 1 Final Site Plan to the north side of the access to this lot, between the entrance and Building A, in addition to the one indicated on the south side. 2. Please provide a detail on the Phase 1 Final Site Plan that depicts the proposed architectural screening feature for these locations that complies with the CRA design regulations. Page 12 of 27

13 Item #2: CRA Lighting requirements: Exterior lighting shall be shielded to prevent any light trespass onto adjoining property. MARTIN COUNTY, FLA, LDR SECTION H.1. (2002) All outdoor lighting fixtures shall be downward directed and shielded so as to prevent other parcels and public rights-of-way from being directly illuminated. Where outdoor lighting is provided on a nonresidential parcel or on a street, the maximum incidental light spillage onto a nearby residential parcel shall be 0.2 foot-candles as measured at eight feet above average grade at the property line of the receiving parcel. MARTIN COUNTY, FLA, LDR SECTIONS B AND A (2002) Remedy/Suggestion/Clarification: Thank you for providing lighting plans. However, the applicant has provided two separate photometric plans that are inconsistent with each other (Sheet E-1.0 by ARPE Engineering and Sheet L1 by Lighting Dynamics Inc.). Additionally, electrical plans have been submitted that are titled as "Landscape Plan" in the title block. Electrical plans are reviewed as part of the building permit process and not at site planning. 1. Please eliminate the electrical plans from the submittal materials. 2. Please submit a single photometric plan that demonstrates the maximum incidental light spillage onto nearby residential parcels is 0.2 foot-candles as measured at eight feet above average grade at the property line of the receiving parcel. Please label this plan Lighting Plan. Existing residential uses have been identified to the east and west of the proposed development. I. Determination of compliance with the property management requirements Engineering Department As indicated during the Master Site Plan approval process, there are three Utility Easements previously conveyed to Martin County which prohibit construction of a building over the easement. The Applicant has requested the release of the three easements concurrent with the Phase 1 Final Site Plan Approval. The Applicant will be required to provide the appropriate new utility easements to the County in order to obtain utilities for the development. The Applicant will need to provide sketch and legal descriptions for the new utility easements and an Ownership and Encumbrance Report on the new easement areas. The Ownership and Encumbrance Report must include any mortgages that will require a Consent of Mortgagee to convey the easements to the County. The applicant has indicated that the private easements shown on the survey of the property are not an issue due to the principle of merger of title. It has been determined that the applicant must provide a Right of Way Easement for the North 5 feet of Bernard Street to the County prior approval of a Final Site Plan. The applicant has provided the required Ownership and Encumbrance Report and signed and sealed surveys. The Real Property Division will prepare a Release of Utility Easements and a Resolution accepting the Bernard Street Easement to be presented to the Board of County Commissioners simultaneously with the Phase 1 Final Site Plan. The conveyance of the Bernard Street Easement and Release of Utility Easements will take place during the post approval process. Page 13 of 27

14 J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Environmental Findings of Compliance: The Growth Management Department Environmental Division staff has reviewed the application and finds it in compliance with the applicable Land Development Regulations. The environmental assessment submitted by the applicant shows that no wetlands or upland habitat exist within phase 1 of this project and these findings have been verified by county environmental staff. Therefore, the preservation requirements under Article 4, Division 1 and Article 4, Division 2 of the Land Development Regulations do not apply to this phase. The restoration of the shoreline protection zone will take place in a future phase as shown on the approved phasing plan that was approved with the Master Site Plan. Landscape Findings of Compliance: The Growth Management Department Environmental Division staff has reviewed the application and finds it in compliance with the applicable Land Development Regulations Article 3, Division 6, Section 3.264E, Rio Community Redevelopment Area. [2004]. The applicant has proposed construction of a mixed use development. The applicant has submitted landscape plans that provide for planting 185 trees to document compliance with Section E.2.b., Land Development Regulations, Martin County, Fla. (2004). Pursuant to this regulation a minimum of 1 tree shall be established for each 1000 sq. ft. of the total development area. The total site is 180,976 sq. ft. which requires the planting of 181 trees. Seventyfive percent of the trees are required to be native species, the applicant has demonstrated compliance by proposing to utilize 141 native trees; this equates to 76% of trees being native species. When a vehicular use area abuts a residential area perimeter landscaping is required to provide buffer with trees planted a minimum of 30 feet on center and to construct a visual barrier a minimum of 6 feet in height along the side property lines. To demonstrate compliance with Land Development Regulations Article 3, Division 6, Section 3.264E.3. [2004], the applicant has proposed a buffer along the west property line adjacent to the single family residence on NE Martin Way. Section C.1.f. requires that where a parking lot is adjacent to residential uses outside the overlay district that a minimum 10 foot buffer be provided. To demonstrate compliance the applicant has proposed a 10 ft minimum buffer with a wall and native trees planted approximately 8 on-center along the eastern property line. Alterations cannot be made to the plans after final site plan approval. Any alteration may require an application to amend the affected approved plans. The applicant is cautioned to consider the placement of utilities and any underground or above ground site improvement that could cause a conflict with the landscaping and possibly cause a change or amendment. As-built landscape plans submitted prior to the release of a certificate of occupancy will be checked against the approved drawings. Inconsistencies may block the issuance of the certificate of occupancy and cause the applicant to begin the application process for a change or an amendment to the development order. Page 14 of 27

15 K. Determination of compliance with transportation requirements - Engineering Department Unresolved Issues: Item #1: Traffic Impact 1. The traffic impact analysis must be revised for consistency with the buildout year (2024). [MARTIN COUNTY, FLA., LDR 5.64 (2009)]. 2. Table 1: The AM peak hour trip generation rate and directional split for the Specialty Retail use is inconsistent with ITE Code Table 1: The AM and PM directional split for the Condo/Townhouse Residential use is inconsistent with ITE Code Table 1: The number of slips utilized for the Marina Use is inconsistent with the Master Site Plan. 5. Staff was unable to review the Trip Internalization data due to the low resolution of the supporting documents. Staff has requested the digital file from the applicant. A higher resolution document must be included with the resubmittal for staff to review. 6. Only the peak hour peak direction documented in the traffic impact statement must be used for the level of service analysis. [Martin County, Fla., LDR Article 5, Division 3, Section 5.64.C (2009)]. 7. The study network is to include roadway segments up to and including the link where the project traffic falls below the two percent threshold (percentage of project traffic of the level of service capacity). 8. Roadway segments included within the study network with a shaded 2016 Generalized Level of Service on the 2016 Level of Service Report require additional analysis. 9. Table 3a / Table 3b: Revise the Peak Hour Peak Direction Volumes for consistency with volumes listed in the 2016 Level of Service Report. 10. Table 3a: Revise the label for the "Total Traffic" column for consistency with the buildout year (2024). 11. Table 3a: The growth rate for the Baker Road segment is inconsistent with the 2016 LOS report. 12. Figure2: On Indian River Drive between CR-707 and CR-707A, the assigned percentage goes from 12% to 9%. It is unclear which segment the 9% refers to, or how that ties in to the segment to the north. 13. Tables 2a/b: The following segments have "percent assignment peak directions" that are either inconsistent or omitted from Figure 2: a. Indian River Drive (between CR-707A and SR-732) omitted from Figure 2 b. SR-5 (between Wright Boulevard and Baker Road) omitted from Figure 2 c. Wright Boulevard (between SR-5 and Dixie Highway) inconsistent d. SR-5 (between Palm City Road and Joan Jefferson Way) omitted from Figure 2 e. SR-5 (between SR-76 and Palm City Road) inconsistent 14. If applicable, submit an analysis of all intersections that are projected to operate below the adopted level of service standard. [Martin County, Fla., LDR Article 5, Division 3, Section 5.64.C.6 (2009)]. L. Determination of compliance with county surveyor - Engineering Department Unresolved Issues: Page 15 of 27

16 Item #1: Phase 1 Survey 1. The survey is including the areas of disturbance etc. as the primary phase 1 boundary, this is not consistent with the phase 1 site plan. 2. The phase 1 boundary survey and legal description needs to be revised to match the phase 1 site plan. 3. Please revise the Phase 1 specific purpose survey to provide: a. Boundary survey and certified total area (square feet and acres) of the limits of the Phase 1 boundaries as shown on the proposed Phase 1 Final Site Plan and the proposed Revised Phasing Plan. b. A revised Phase 1 legal description, consistent with the description certified by the surveyor on a letter sized document to be utilized as an exhibit for the Phase 1 development order. c. Delineate separately from the phase 1 Boundary Survey; the total area that specifies the limits of disturbance for infrastructure and temporary improvements proposed to be completed concurrently with the construction of Phase 1. M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department Unresolved Issues: Item #1: Rights Of Way Improvements Revise the following components to comply with the cited references: 1. As previously stated, provide a detailed Maintenance of Traffic Plan for the proposed work on NE Dixie Highway. Modifications to the existing round-a-bout will not be permitted as part of the Maintenance of Traffic. If additional work along the south or north side of NE Dixie Highway is needed to allow for a temporary traffic displacement lane (removal of landscape medians or parking spots), then the proposed construction plans for the Final Site Plan application need to reflect that. The response to comments letter states the Right of Way Use Permit Application will be submitted concurrently with the Final Site Plan Application. The Engineering Department has not received the application yet. 2. As previously stated, provide details for the proposed work within Martin County right of way (existing and proposed elevations, materials, types of curbs. etc.). The information provided does not provide enough detail to determine if the proposed improvements can be constructed. Separate plans sheets for the offsite work are suggested. 3. Provide dimensions of the modified on-street parking lengths to demonstrate the amount of stalls within each parking area. 4. Provide proposed pavement detail in the Construction Plans. Pavement within Martin County right-of-way shall meet Martin County Standard Detail R-10 for local roads for the driveway entrance. Pavement replacement for NE Dixie Highway should meet the requirements for an arterial road. Differentiate the different asphalt requirements on the construction plans. Remove the requirements for Collector Roads from the flexible pavement detail on sheet C11. [MARTIN COUNTY, FLA., LDR SECTION C (2010)] [MARTIN COUNTY STANDARD DETAILS FOR ROAD & SITE CONSTRUCTION AND PUBLIC FACILITIES DETAIL R-10 (2017)] 5. Provide the Martin County Standard Detail R31A and R-31B for open cut trenches. Page 16 of 27

17 6. Provide proposed traffic control, signage and pavement markings for the improvements on NE Dixie Highway. 7. Label the ADA detectable warnings within Martin County rights of way. Per standard detail R- 120B, all detectable warnings shall be cast in place armor tiles or approved equal and brick red in color. Add Martin County Standard Detail R-120B to the construction plans. 8. As previously requested, provide details of the relocated street lights along SE Dixie Highway. Add the following notes: a. All street light poles and circuits relocations must be done by a certified electrical contractor. b. Contact Bobby Allensworth at prior to any activities that require changes to the street light circuits. c. Relocate all street light circuits the same day of the pole relocation. Item #2: Consistency With Other Plans The following components of the approved Master Site Plan, the proposed Final Site Plan, and the proposed Construction Plans are inconsistent. 1. As previously requested, provide boundaries and annotations on the (Revised) Master Site Plan, Phasing Plan, Final Site Plan and Construction Plans that are consistent with the Boundary, Topographic and Mean High Water Survey. 2. As previously stated, the site data in the Drainage Report is inconsistent with the site data on the (Revised) Master Site Plan and the Phase 1 Final Site Plan. The Drainage Report states Phase 1 is 3.92 acres with 78.1% impervious; the Phase 1 Final Site Plan lists a total of 4.15 acres with 82% impervious; the Phasing Plan and Master Plan lists 3.76 acres for Phase 1 with 81% impervious; revise accordingly. Item #3: Stormwater Mgmt Submitted Materials As previously requested. provide a signed and sealed stormwater management certification. Refer to Section A.2 in the Land Development Regulations for requirements. The certification should be included as a statement in the stormwater report. [Martin County, Fla., LDR Section A.2 (2015)] Item #4: Stormwater Mgmt Pre-Development 1. Demonstrate how the offsite areas that drain onto the Rio Town Center site are proposed to be captured. Runoff from outside the development that passes over or through areas of the development shall be included in the stormwater management design. [MARTIN COUNTY FLA LDR SECTION B (2015)] 2. The stage area ICPR input data is inconsistent with the total area of the pre-development basin. Section 2.1 Basin Area in the narrative states a total basin area of acres. The stage area breakdown in the ICPR input data has a total of acres. 3. It is unclear how the width of the overland flow weir was determined. A span of feet (19000 inches) was used in the input data, which is more than triple the width of the site. The pre-development discharge rate should be prior to any development. The dock perimeter should Page 17 of 27

18 not be included in the total width for the overland weir. The CN value should be a value prior to the impervious areas. Item #5: Stormwater Mgmt Post-Development 1. Provide a site data table in the Stormwater Report that is consistent with the Final Site Plan for Phase 1. The areas in the Water Quality calculations are not consistent with the areas shown on the Final Site Plan. 2. The unsaturated trench depth in the Exfiltration Trench calculation should be calculated from the top of the weir (7.74ft NAVD) to the bottom of the trench (4ft NAVD). Revise the Unsaturated Trench Depth to 3.74 ft. 3. The ICPR Model includes the exfiltration trench as a link in the system. ICPR 3 does not take groundwater or adjacent exfiltration trenches into account in the simulations. Exfiltration trenches should be used for water quality volumes, not storm attenuation. Eliminate the exfiltration trench link from the ICPR Model. 4. The stage area input data for Phase 1 is inconsistent with the proposed construction plans. The starting elevation should be NAVD, which is the lowest proposed pavement elevation. Provide additional stage area increments to for a more accurate representation of the on-site storage. 5. The proposed stormwater system is inconsistent with the FDEP Environmental Resource Permit Number (finished floor elevations, site acreage, linear feet of exfiltration trench, etc.). A Permit Modification will be required. Item #6: Stormwater Mgmt Construction Plans 1. The proposed minimum pavement elevation is not met at structure D Provide the street names on the construction plans. 3. Provide a profile view Bernard Street and Stuart Street demonstrating how the proposed elevations tie into the existing elevations. 4. Provide the location of the construction entrance on the Demolition and Erosion Control Plan. Provide a detail for a soil tracking measures. 5. The silt fence is proposed to be located in some areas on pavement. Relocate the proposed location or provide a different BMP for areas over pavement. 6. Provide additional grading details along the property line abutting the existing residential lots on NE Stuart Street. The back slope of the proposed parking area should match the existing grades at the property lines. Show existing elevations along the property lines. 7. As previously stated, stabilization (seed or sod) of the disturbed areas is not specified. Provide a note on the Erosion Control Plan stating that stabilization shall be completed within 30 days of vegetation removal within a given area of a site. Specify the material for stabilization. Hatching was added on the Erosion Control, however, no labels or legends of what the hatching represents was provided. [MARTIN COUNTY FLA LDR SECTION 4.37.D (2013)] Item #7: Development Order Requirement Page 18 of 27

19 A Construction Maintenance and Indemnification Agreement must be executed for the paver block sidewalk, benches, trash receptacle, tree and landscape planters, and landscaping within the County right-of-way. N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments Unresolved Issues: Item #1: Street Naming Addressing Remedy/Suggestion/Clarification: On the revised final site plan, please add NE to Dixie Hwy. 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. Both AutoCAD site plan and boundary survey were received and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) Both AutoCAD site plan and boundary survey were in State Plane coordinates and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) The AutoCAD boundary survey was received and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016) O. Determination of compliance with utilities requirements - Utilities Department Unresolved Issues: Water and Wastewater Service Item #1: Drawings Must Be Approved The construction drawings must be approved by the Utilities and Solid Waste Department prior to sign off by the Department of permit applications and agreements. [ref. Code, LDR, s.10.2.b.5. Code, LDR, Art.10] Wellfield and Groundwater Protection Findings of Compliance: The application has been reviewed for compliance under the Wellfield Protection Program. The Page 19 of 27

20 reviewer finds the application in compliance with the Wellfield Protection and Groundwater Protection Ordinances. [Martin County, Fla., LDR, Article 4, Division 5] (2016) 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. Unresolved Issues: Emergency Preparedness Item #1: New Development Evac Plan All new development proposed within the Category 1, 3 and 5 storm surge areas shall include detailed plans and procedures for evacuation in the event of a hurricane. Hurricane storm surge areas shall be mapped and updated using the most recent application of the SLOSH model. MARTIN COUNTY, FLA., CGMP POLICY 8.2C.2. (2016) Remedy/Suggestion/Clarification: Please submit an updated Hurricane Action Plan consistent with the current requirements as shown in the guidance documents attached to this staff report as Exhibit 1, Residential Evacuation Plan Guidance, and Exhibit 2, Edited Site Specific Plan: 1. Update pages 1-5 with new template 2017 Residential Evacuation Plan (Exhibit 1) 2. Delete maps on pages 6 &7 3. Revise page 8 (Exhibit 2) Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department Findings of Compliance: The General Services Department staff has reviewed the application and finds it in compliance with the applicable Americans with Disability Act requirements. (2014 FBC, FIFTH EDITION\ACCESSIBILITY) R. Determination of compliance with Martin County Health Department and Martin County School Board Martin County Health Department Findings of Compliance: The Health Department staff has reviewed the application for this project and finds it in compliance with the applicable Land Development Regulations. Additional Information: Page 20 of 27

21 Information #1: Please be advised that the setback from a private potable well to underground or aboveground stationary storage tanks is required to be 100 feet per Rule , and Rule , Florida Administrative Code. Per the Revised Major Master and Phase 1 Final Site Plan, the exact location of the underground storage tanks for fuel associated with the proposed marina will be determined as part of the phase 2 final site plan. The location of potable wells on neighboring residential and commercial properties need to be located and identified to ensure setbacks to petroleum storage tanks are maintained. In addition, the Department of Environmental Protection regulates the installation of stationary storage tanks and should be consulted to ensure all other setbacks as applicable are maintained. If you have any questions please call Todd Reinhold or Nick Clifton with the Department of Health office at (772) Martin County School Board Findings of Compliance: The School Board staff has reviewed this application for compliance with Florida Statutes, Martin County code and School Board Policy and has no objection to this application. S. Determination of compliance with legal requirements - County Attorney's Office Review Ongoing T. Determination of compliance with the adequate public facilities requirements - responsible departments Phase 1 Final Site Plan: The following is a summary of the review for compliance with the standards contained in Article 5.7.D of the Adequate Public Facilities LDR for a Certificate of Adequate Public Facilities Reservation. Potable water facilities service provider Martin County Utilities Source - Environmental Services Department Reference - see Section O of this staff report Sanitary sewer facilities service provider Martin County Utilities Source -Environmental Services Department Reference - see Section O of this staff report Solid waste facilities Findings - Martin County Source - Growth Management Department Stormwater management facilities Findings - Martin County Source - Engineering Department Reference - see Section N of this staff report Community park facilities Page 21 of 27

22 Findings - Martin County Source - Growth Management Department Roads facilities Findings - Martin County Source - Engineering Department Reference - see Section M of this staff report Mass transit facilities Findings - Martin County Source - Engineering Department Reference - see Section L of this staff report Public safety facilities Findings - Martin County Source - Growth Management Department Reference - see Section P of this staff report A timetable for completion consistent with the valid duration of the development is to be included in the Certificate of Public Facilities Reservation. The development encompassed by Reservation Certificate must be completed within the timetable specified for the type of development. Revised Master Site Plan: This development application is eligible for a Positive Evaluation of Adequate Public Facilities and an Affidavit Deferring Public Facilities Reservation pursuant to Section 5.32.C., LDR, Martin County, Fla.(2016). The following evaluation summarizes the Positive Evaluation of Adequate Public Facilities pursuant to Section 5.32.D.3., LDR, Martin County, Fla. (2016): Potable water facilities Service provider - Martin County Findings - Pending Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities Service provider - Martin County Findings - Pending Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Solid waste facilities Findings Positive Evaluation Source - Growth Management Department Stormwater management facilities Findings - Pending Source - Engineering Department Reference - see Section M of this staff report Page 22 of 27

23 Community park facilities Findings Positive Evaluation Source - Growth Management Department Roads facilities Findings - Pending Source - Engineering Department Reference - see Section K of this staff report Public safety facilities Findings - Pending Source - Growth Management Department Public school facilities Findings Positive Evaluation Source - Growth Management Department An application for an Evaluation of Adequate Public Facilities and an Affidavit Deferring Public Facilities Reservation has been submitted with this application. This deferral process ensures that the county and the developer meet concurrency as early as practical in the development review process. The evaluation provides a current view of the availability of public facilities for the proposed development based upon the concurrency evaluation and concurrency reservation tests. A "positive" evaluation means that the project passes the evaluation test. (A "negative" evaluation means that the project fails the evaluation test.) A master site plan development order with a Positive Evaluation of Adequate Public Facilities does not authorize site development, is specific to the development order, and is assignable or transferable only to the extent the development order is assignable or transferable. Maintenance of a valid development order is essential to the maintenance of a valid evaluation. An Evaluation of Adequate Public Facilities runs with the land, consistent with the development order on which it was based. A positive evaluation does not confer concurrency rights and is not binding on the County. MARTIN COUNTY, FLA., LDR SECTION 5.32.C.5 (2016) 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 Page 23 of 27

24 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: Post Approval Impact Fees: Impact fees must be paid after the development order has been approved. Submit a check made payable to Martin County Board of County Commissioners within 60 days of project approval. Item #4: 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 #5: One (1) copy of the recorded warranty deed if a property title transfer has occurred since the site plan approval. If there has not been a property title transfer since the approval, provide a letter stating that no title transfer has occurred. Item #6: Original and one (1) copy of the current Unity of Title in standard County format if a property title transfer has occurred since the site plan approval. If there has not been a property title transfer since the approval, provide a letter stating so that no transfer has occurred. Item #7: Ten (10) 24" x 36" copies of the approved construction plans signed and sealed by the Engineer of Record licensed in the State of Florida. Fold to 8 by 12 inches. Item #8: Ten (10) copies 24" x 36" of the approved site plan and one (1) reduced copy 8 1/2" x 11". Item #9: Original approved site plan on Mylar or other plastic, stable material. Item #10: Ten (10) 24" x 36" copies of the approved landscape plan signed and sealed by a landscape architect licensed in the State of Florida. Item #11: One (1) digital copy of site plan in AutoCAD drawing format (.dwg). The digital version of the site plan must match the hardcopy version as submitted. Page 24 of 27

25 Item #12: Original of the construction schedule. Item #13: Original of the Engineer's Design Certification, on the County format which is available on the Martin County website, signed and sealed by the Engineer of Record licensed in the State of Florida. Item #14: Two (2) copies of the documents verifying that the right-of-way easement has been adequately dedicated to the Board of County Commissioners and recorded in the public records of Martin County. Item #15: Original and one (1) copy or two (2) copies of the executed and signed Water and Wastewater Service Agreement with Martin County Regional Utilities and one (1) copy of the payment receipt for Capital Facility Charge (CFC) and engineering and recording fees. V. Local, State, and Federal Permits Approval of the development order is conditioned upon the applicant's submittal of all required applicable Local, State, and Federal Permits, to the Growth Management Department (GMD), prior to the commencement of any construction. An additional review fee will be required for Martin County to verify that the permits are consistent with the approved development order. Item #1: RIGHT-OF-WAY PERMITS Martin County Right of Way Use Permit must be obtained prior to scheduling a Pre-Construction meeting. Item #2: STORMWATER MGMT PERMITS The following permits must be submitted prior to scheduling a Pre-Construction meeting: 1. South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) 2. South Florida Water Management District (SFWMD) Dewatering Permit 3. Florida Department of Environmental Protection (FDEP) NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Item #3: Page 25 of 27

26 WATER AND WASTEWATER The applicant must provide a copy of all required Department of Environmental Protection permits prior to scheduling the Pre-Construction meeting. 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: $12, $12, $0.00 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: Istar Financial Don E. Mears, Jr West Lake Mary Blvd., Suite 1410 Lake Mary, FL Raul Ocampo & Associates LLC Raul Ocampo, Jr SW 42nd Avenue Palm City, 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 Page 26 of 27

27 NFPA... National Fire Protection Association SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement Z. Attachments Exhibit Residential Evacuation Plan Exhibit 2 Edited Site Specific Plan Page 27 of 27

28 Martin County, Florida Fire Rescue Department EMERGENCY MANAGEMENT DIVISION 800 SE Monterey Road, Stuart, FL Hurricane Action Plan Guidance This template provides for recommended actions to be considered/ incorporated into a project s site-specific plan. Additional details and protective actions may need to be addressed based on the development s location and vulnerabilities. Phase 1: Advance Preparation 1. A Hurricane Action Coordinator (HAC) shall be designated by the Property Owner s Association (POA). This person is responsible for monitoring the hurricane s path and coordinating activities of the residents of hereinafter referred to as Development when a hurricane is threatening. 2. When a hurricane threat is determined to be real and when the probability of a hurricane strike exceeds 15%, or about 60 hours before estimated time of arrival (ETA) of the hurricane, the HAC will assume responsibility for placing the hurricane action plan into effect for the Development. 3. Once a hurricane watch is issued, 48 hours before ETA, the tie down and removal of anything that cannot be secured and the board-up of all buildings shall begin for both private and common facilities. 4. When a hurricane warning is issued, 36 hours before ETA, tie downs shall be complete; utilities checked and secured, and insurance, permits, financial records, deeds, etc., should be prepared for evacuation safekeeping. The HAC or his/her designee shall be responsible for ensuring the records of the POA are prepared for safekeeping. 5. The residents of the Development shall not accept any boats for storage. Now is the time to save lives, minimize damage, and plan for recovery. 6. The final decision to evacuate or stay must be made within 24 hours., The winds will start to increase and it will be too late to evacuate. A Safe Place should be designated for those who stay. All residents shall adhere to mandatory evacuation orders of local, state, or federal emergency management personnel. 7. If the decision at 24 hours preparatory level is to evacuate, the Hurricane Action Plan enters Phase Phase 1: Advance Preparation Phase 2: 24-Hour Preparatory Level Evacuation 1. If the storm is very intense, the decision to evacuate should be made as soon as possible. Personal evacuation must occur no later than 12 hours before the storm s ETA. Vehicles should be fueled and important papers, computer records, etc., should be placed in evacuation vehicles. The decision to evacuate can be revised if the storm changes direction or loses intensity; however, the decision to prepare to Exhibit 1 to S /18/2017 Staff Report Page 1 of 2