LOCAL PLANNING AGENCY MEETING Martin County Commissioner Chambers 2401 S.E. Monterey Road Stuart, Florida MEETING MINUTES- November 5, 2015

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1 LOCAL PLANNING AGENCY MEETING Martin County Commissioner Chambers 2401 S.E. Monterey Road Stuart, Florida MEETING MINUTES- November 5, 2015 Present: Chairman Jim Moir Vice Chairperson Crystal Lucas Agency Members Donald Foley,III. Kathie Smith.Cindy Hall Staff Present: Director, Growth Management Department.. Nicki van Vonno` Principal Planner, Growth Management Department..Paul Schilling Environmental Administrator.Darryl DeLeeuw County Attorney..Michael Durham Sr. Assistant County Attorney.Krista Storey Agency Recorder.Mary Holleran 1. CALL TO ORDER The meeting was called to order at 7:00 p.m., by Chairman Moir. A quorum was noted. 2. CONSENT AGENDA A. Approval of the Consent Agenda * MOTION MOVED by Mr. Foley to approve the Consent Agenda as presented. ** SECONDED by Ms. Lucas Carried Unanimously B. Approval of the Minutes of October 15, 2015 * MOTION MOVED by Ms. Lucas to approve the Minutes of October 15, ** SECONDED by Ms. Hall Carried Unanimously

2 3. UNFINISHED BUSINESS A. Public Hearings 1. None B. Requests and Presentations 1. None 4. NEW BUSINESS A. Public Hearings 1. Avalon Ventures LLC (S )(Quasi Judicial) Request for a zoning change from the current A-1 Small Farms Agricultural District to the RM-6, Medium Density R4esidential Residential District or the most appropriate zoning district. Included in this application is a request for a Certificate of Public Facilities Exemption. The undeveloped subject property is 33.6 acres in size and is located on the east side of Federal Highway (U.S. #1) at the intersection of Seabranch Blvd. and Federal Highway between Port Salerno and Hobe Sound. Requested by: M. Troy Holloway, Gentile Glas Holloway O Mahoney & Associates, Inc. Presented by: Paul Schilling, Principal Planner, Growth Management Department *** Ex Parte Communication Disclosures - None *** Interveners a previous request for an intervener from Mariner Sands was withdrawn. No other interveners were present. Prior to Mr. Schilling s presentation, attorney David Acton, special counsel for Martin County, provided a brief outline of why this matter was before the LPA this evening. Since the Board s final action on hearing this matter, formal lawsuits were filed between the parties, which led to the retention of a mediator and to court sanctioned mediation to try and settle the cases, which became very productive. The result is the establishment of a process for settlement, which will probably be signed by the applicant and presented to the Board next Tuesday. That matter is not before the LPA tonight. However, if the matters are approved by the Board, there has to be a further hearing in front of the court, and the court s action has to approve the settlement. Tonight s hearing is the first step in the process for rezoning and final site plan. 2

3 Mr. Schilling reviewed the Avalon Ventures, LLC request for a zoning district change from the current A-1, Small Farms Agricultural District to the RM-6, Medium Density Residential District. The subject site was displayed a the Location Map, the proposed zoning change site, the current zoning surrounding the site, the Future Land Use Map and a photo of the Federal Highway-U.S. #1 site. The current A-1, Small Farms Zoning District is not consistent with the medium density land use and a mandatory rezoning is required. Surrounding and adjacent single-family residential parcels were reviewed for density and size. The rezoning options to consider to implement the policies of the CGMP and the LDRs were provided in staff s report (pg. 2/15) along with a list of permitted use categories. Selected Developments located in the vicinity of the subject property were reviewed and provided in staff s report (pg. 7/15). The LPA was advised the application is in order, and qualifies for a recommendation of approval for a zoning district change to the RM-6, Medium Density District. The Applicant: George Gentile, representing the applicant, *** provided the Return Receipts to Ms. Holleran. Mr. Gentile said staff had done a great job on the entire application, and believed the requested zoning district RM-6 is the appropriate zoning district for the use on the property. LPA Comments Mr. Moir believe the medium density RM-6 was a reasonable choice. Public Comments Robert Ryan did not support the rezoning request and opposed the non-residential uses for the construction of an Adult Living Facility (ALF) to be constructed on the site. * MOTION MOVED by Ms. Smith to approve staff s recommendation of approval for the requested zoning district change from A-1, Small Farms Agricultural District to RM-6 Medium Density Residential District. ** SECONDED by Ms. Hall Carried UNANIMOUSLY 3

4 Mr. Acton provided additional information to support the appropriate rezoning of the site. 2. Seabranch/US-1 (S ) (Quasi-Judicial) Request for a major development final site plan approval of a fifty lot single family subdivision and three story residential care facility. Included in this application is a request for a Certificate of Public Facilities Exemption. The undeveloped subject property is 33.6 acres in size and is located on the east side of Federal Highway (U.S. #1) at the intersection of Seabranch Blvd. and Federal Highway, between Port Salerno and Hobe Sound. Requested by: M. Troy Holloway, Gentile Glas Holloway O Mahoney & Associates Inc. Presented by: Paul Schilling, Principal Planner, Growth Management Department. *** Ex Parte Communication Disclosures - None *** No Interveners were present. Mr. Acton reviewed the current request, which differed from the site plan the LPA saw last year for 194 Town Homes, two to three stories in height, with no other use or ALF on the site. The current site plan is for an ALF with 160 beds and residential uses with single family attached housing on zero lot lines. Mr. Acton explained the state criteria for an with a limited number of memory care units. Mr. Moir confirmed that no information was provided on the nature of the services to be performed beyond those provided within the ALF designation. Mr. Acton indicated a limited number of memory care units are anticipated. Mr. Schilling reviewed the request and noted the zoning codes addressed the criteria for an ALF which is applicable to the Final Site Plan. That criteria has been met via settlement since the initial process. The outstanding items have been reduced to eight items that are minimized within the settlement agreement, including certain setback criteria which were identified. Mr. Acton explained the approval conditions and timeframe that are contained within the settlement agreement. A current location map of the subject site was shown in staff report, pg. 5/16. Mr. Schilling indicated other matters included environmental criteria, native upland habitats, the plantings and buffers required, and the 4 ft. wide sidewalks on both sides of the road where 6 ft. are required on one side. 4

5 Ms. Storey explained that other than modifications the terms of requirements and compliance with the CGMP have been met. Mr. Schilling noted there is a reduction in the physical buffer. Mr. Acton said the wall barrier and buffer side of the lot will be addressed and provisions must be provided in a PAMP to replant and restoration made. Mr. Moir questioned whether the reduction in the buffer allowed for fire wise PAMPs or planning, and if it reduced safety of the fire wise easements. Ms. van Vonno indicated the property is not uplands and the requirements in the Code for fire wise is not relevant. Mr. DeLeeuw said the applicant was asked to provide ½ of a type two landscape buffer on the south side of the ALF. Mr. Acton provided additional information on the exceptions provided by the applicant to preserve and enhance the wetlands. Setbacks that differed on some of the zero lot lines were identified. Mr. DeLeeuw noted restoring and creating habitat around the wetlands result in 41.5% of the existing native upland habitat to be preserved. LPA Comments Ms. Hall questioned plans for the buffer around lot #1 and the ALF. Mr. Schilling provided information on the landscaping in those zones requiring a visual barrier between uses. No traffic signal is required and turn-in lanes are Northbound right and Southbound left for stacking distance of vehicles. Ms. Lucas indicated she met with staff and reviewed her questions of interest. Mr. Foley referred to the T s for turn-around and why not use a cul de sac. Mr. Schilling indicated that decision is typically a developer s preference, and this is in compliance. There is an ability for 4 parking spaces, two in the garage and two on the driveway. Ms. Smith questioned the area for the school bus stop. Mr. Schilling said the location is provided by the School Board. She mentioned water collecting in the area at the previous meeting and confirmed it was 5

6 addressed by the creation of the lakes. Mr. Schilling agreed that after a thorough review the site was in compliance. Ms. Storey advised the LPA had access to the applicants, partners, and others attending the meeting to answer the LPA s questions. The Applicant George Gentile, representing the applicant, *** provided the Return Receipts with the first agenda item. Mr. Gentile highlighted the project, that it met all the requirements and complied with a long list for modifications, and were not detrimental to the Code Plan and CGMP. He provided comparisons with the previous plan submitted and reviewed the improvements and benefits with the new proposed site plan. The density is much less, the ALF will provide for less traffic, there is a transition from the US #1 corridor, and diversity with two different types of homes. There is a Tot Lot and pool area, wetlands, uplands and additional habitat, and the pervious area is 67%. Public Comments The following individuals spoke in support of the project: Joseph Banfi, Sharon North, John Corrigan, and Gary Nocito. They cited numerous issues that were addressed, preservation areas, wetlands, uplands and habitat is improved, it provides the least impact to the community, the single family buffers work out well, the drainage canals and lakes will improve the drainage problems, there will be less traffic from single family homes and the ALF, and it will be an asset to the community. LPA Mr. Foley agreed this was a much better plan than the LPA previously heard. Ms. Smith said the original issues that were raised have been addressed and the public s sentiment has led to the improvements that led to significantly improved modifications. Ms. Lucas said this is a really nice project. She objected to the time, effort and expense of taxpayer money for the project to be settled. The first time the plan was presented it had no hope of being approved in Martin County. She hoped that Martin County s planning 6

7 and growth standards for developments would be addressed initially as part of a developer s good planning and common sense. Mr. Moir said it would be very difficult to be supportive to remove uplands. He was unsure if there was maintenance and settlement negotiated about the ditch. Mr. Acton said it was still under PUD negotiation and is constrained to the site boundaries. The ditch has not been discussed and under the circumstances cannot be addressed. * MOTION MOVED by Ms. Hall to recommend approval for Seabranch US #1, S , for the major development final site plan. ** SECONDED by Ms. Lucas Carried UNANIMOUSLY. Mr. Moir referred to Ms. Lucas comments and asked if a PUD should have been recommended and considered. Ms. Storey said it can be suggested if the LPA feels it is more appropriate, the dilemma with a PUD is you have to have a willing partner. Ms. van Vonno recalled the workshop held on PUDs, and said another will be held for the County Commissioners along with zero lot line development. B. Requests and Presentations 1. None 5. COMMENTS A. Public None B. Staff Ms. van Vonno provided a list of the Comprehensive Plan Amendment Requests and said of there are 14, and one-half are public lands. C. Members Mr. Moir called for a motion to accept the list. 7

8 * MOTION MOVED by Mr. Foley to approve the list for CPA requests for the 2015/16 schedule. ** SECONDED by Ms. Smith Carried UNANIMOUSLY Mr. Moir asked if staff was going to try to get the parks and institutional land uses together. Ms. van Vonno provided the dates they should be addressed. The November 19 th LPA meeting was canceled and staff will call if a meeting would become necessary. The LPA meeting dates for December 3, and 17 were discussed. 9. ADJOURN There was no further business and the meeting was adjourned at 8:30 pm. Recorded and Prepared by: APPROVED Mary F. Holleran Agency Recorder _12/17/15 Date Jim Moir, Chairman Date 8