RIO TOWN CENTER (F/K/A STUART HARBOR) Revised Major Master and Phasing, 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, 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: 2018_0320_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 Issued: 08/21/2017 Joint Workshop: 08/31/2017 Resubmittal Received: 11/08/2017 Transmitted: 11/09/2017 Staff Report Issued: 12/22/2017 Joint Workshop: 01/11/2018 Resubmittal Received: 02/02/2018 Transmitted: 02/05/2018 Staff Report Issued: 03/20/2018 BCC Meeting: 05/08/2018 (Pending Applicant Confirmation) 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

2 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 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 Comply F ARDP Samantha Lovelady Done G Development Review Catherine Riiska Comply H Urban Design Santiago Abasolo Comply Page 2 of 20

3 H Community Redevelopment Santiago Abasolo Comply I Property Management Colleen Holmes Comply J Environmental Shawn McCarthy Comply J Landscaping Karen Sjoholm Comply K Transportation Lukas Lambert Comply L County Surveyor Tom Walker Comply M Engineering Michelle Cullum 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 Dan Wouters 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 Comply Staff has reviewed this application for a final site plan of a major development, for compliance with the applicable goals, objectives and policies of the Martin County Comprehensive Growth Management Plan, the Martin County Land Development Regulations and the code. The staff determination is that this application is in compliance with these laws, ordinances and policies, standards and criteria. Staff recommends approval of this application for this major development order, final site plan and concurrently revised master site plan and phasing plan, subject to any conditions as identified in this report. D. Review Board action This application, requesting approval of a Phase 1 Final Site Plan, and related Revised Master Site Plan and Revised Phasing Plan, is classified as a major development which has previously received a master site plan approval. 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 Page 3 of 20

4 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 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 Page 4 of 20

5 Figure 2: Subject Site 2017 Aerial 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 Page 5 of 20

6 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 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) Page 6 of 20

7 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 F. Determination of compliance with Comprehensive Growth Management Plan requirements - Growth Management Department The Martin County Comprehensive Growth Management Plan, Goal 4.1, Objective 4.1A., Policy 4.1A.1., states: 'The County's existing Land Development Regulations shall conform to all guidelines and standards contained in this Plan and will: (1) Regulate the use of land and water consistent with this element and the FLUM, while ensuring land use compatibility and providing open space; (2) Regulate the subdivision of land; (3) Protect environmentally sensitive lands and incorporate minimum landscape standards; (4) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; (5) Regulate signage; (6) Ensure safe and convenient on-site traffic flow and parking needs; (7) Protect potable water wellfields and aquifer recharge areas; (8) Protect endangered and threatened species and species of special concern and their habitats as defined in the Florida Fish and Wildlife Conservation Commission's official list or as determined as regionally significant by the Treasure Coast Regional Planning Council; (9) Ensure that any development orders and permits issued do not result in a level of service (LOS) below the base level of service standards adopted in the Capital Improvements Element; (10) Include provisions for the transfer of development rights to: (a) Protect environmentally sensitive areas and/or historic resources; and Page 7 of 20

8 (b) Specify those receiving zones in the Primary Urban Service District that can accept additional density and where in-fill development allows for new development and redevelopment of previously underused portions of the Primary Urban Service District. Staff has reviewed this application and finds that that it complies with the LDR, as detailed within this report. Staff recommends approval of this development application as consistent with the guidelines and standards of the applicable Comprehensive Plan goals, objectives and policies, as implemented in the LDR. G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Martin County shall manage growth and development in a fiscally efficient manner which is consistent with the capabilities of the natural and human systems and which maintains quality of life standards acceptable to its citizens. Each development application shall be consistent with the Land Development Regulations which implement the comprehensive plan goals, objectives, and policies governing land development. The LDR provide development review procedures to implement the goals, objectives and policies contained in the Martin County Comprehensive Growth Management Plan (Comprehensive Plan) by: A. Regulating the use of land and water consistent with the Comprehensive Plan and the Land Development Regulations (LDR); B. Regulating the subdivision of land; C. Providing for the permitting of development which meets the thresholds for adequate levels of service adopted in the Comprehensive Plan and the LDR; D. Establishing a legal requirement of obtaining development permits and orders for various development activities and specifying the procedure for review and approval of development permits and orders (certain activities, due to their density or intensity, may have significant effects on the community, and these are subject to public review as provided herein). (Section 10.1.A, LDR) Pursuant to Section 10.2.F, LDR: 'No development...shall be commenced or undertaken in Martin County that is inconsistent with the Comprehensive Plan, the LDR and the Code... It shall at all times be the applicant's responsibility to demonstrate consistency with the goals, objectives and policies of the Comprehensive Plan, the LDR and the Code.' Staff has reviewed this application for consistency with the LDR and code implementing Martin County Comprehensive Growth Management Plan goals, objectives and policies and the associated guidelines and standards. Staff finds that this development application is consistent with the applicable Land Development Regulations and recommends approval. Additional Information: Information #1: 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 Page 8 of 20

9 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 #2: 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) Information #3: As part of the conditions of approval for all development orders for Major applications, including PUDs, the applicant shall provide annual status reports to the County Administrator to ensure that development occurs according to the terms of the development order. The Monitoring report shall be due on the Anniversary date of the Major Master Plan Approval. MARTIN COUNTY, FLA., LDR D.13 AND E.13 (2016) H. Determination of compliance with the urban design and community redevelopment requirements Community Development Department Commercial Design The proposed development complies with the requirements of Commercial Design review. (Martin County, LDR, Art. 4, DIV. 20) Community Redevelopment Staff has reviewed this application and has determined that the project demonstrates compliance with the applicable requirements of the CRA design regulations. I. Determination of compliance with the property management requirements Engineering Department 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 requested the release of the three easements that prohibit construction of a building over the easement concurrent with the Phase I Final Site Plan Approval. The appropriate new utility easements will be conveyed to the County in order to obtain utilities for the development. 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. Page 9 of 20

10 The Applicant has provided the required due diligence for the 5 foot Right of Way Easement on Bernard Street. The Real Property Division has prepared 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 I Final Site Plan. J. Determination of compliance with environmental and landscaping requirements - Growth Management Department Environmental 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 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 182 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 178,796 sq. ft. which requires the planting of 179 trees. Seventyfive percent of the trees are required to be native species, the applicant has demonstrated compliance by proposing to utilize 138 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. Page 10 of 20

11 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. K. Determination of compliance with transportation requirements - Engineering Department The Traffic Division of the Engineering Department finds this application in compliance. Compliance with Adequate Public Facilities Ordinance: Staff has reviewed the Traffic Statement prepared by O'Rourke Engineering and Planning, dated January 22, O'Rourke Engineering and Planning stated that the site's maximum impact was assumed to be 108 directional trips during the AM peak hour. Staff finds that NE Dixie Highway is the recipient of a majority of the generated trips with a 10.8 percent impact. NE Dixie Highway is anticipated to operate at an acceptable level of service at buildout (year 2025). L. Determination of compliance with county surveyor - Engineering Department The County Surveyor's office has reviewed this development application for compliance with applicable statutes and ordinances and finds it in compliance. This division recommends approval of the application, subject to compliance with the standards for the submittal of all post-approval documents and field verification. M. Determination of compliance with engineering, storm water and flood management requirements - Engineering Department The application was reviewed for compliance with the following Divisions of the Land Development Regulations. Staff's finding is summarized after each: Division 8- Excavation, Fill, and Mining: The applicant demonstrated in the Engineer's Opinion of Probable Excavation, Fill, and Hauling that excavation of 732 cubic yards of material is proposed and only 3,145 cubic yards of material is needed to construct the proposed improvements. Fill material will be brought onto the site; therefore, hauling material from the site is not approved with this Development Order. The applicant demonstrated compliance with Division 8. Division 9- Stormwater Management: 1. The applicant has demonstrated the proposed development discharge rate is lower than the allowable discharge rate for the project. 2. The applicant is proposing the minimum finished floor elevation be set above the predicted elevation of stormwater that will stage within the development after a 100-year storm having a three-day duration and without any discharge from the development. Page 11 of 20

12 3. The applicant is proposing the minimum edge of roadway elevation be set above the predicted elevation of stormwater that will stage within the development after a 10-year storm having a one-day duration. 4. The applicant has demonstrated that the system provides water quality that meets Martin County s requirements, recovers half of the water quality volume between 24 hours and 5 days, and recovers 90% of the entire volume within 12 days. Thereby, the required attenuation, flood protection, and water quality treatment is in compliance with Division 9. Division 10 - Flood Protection: A portion of the property falls within a Special Flood Hazard Area AE with a Base Flood Elevation of 7.0-feet NAVD. The proposed minimum finish floor elevation is feet NAVD; therefore, the applicant demonstrated compliance with Division 10. Division 14 - Parking and Loading: The applicant demonstrated compliance with the parking requirements set forth in Division 14. Division 19- Roadway Design: The applicant is proposing modifications to the NE Dixie Highway. The proposed design meets the requirements in Division 19. Development Order Requirements The Public Works Department finds this application in compliance provided the Development Order includes conditions for the following: The Owner is not authorized to haul fill off of the site. The Owner must comply with all County excavation and fill regulations. 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. Adequate Public Facilities This project will provide the proposed development sufficient services based upon the adopted LOS for stormwater management facilities. N. Determination of compliance with addressing and electronic file submittal requirements Growth Management and Information Technology Departments Addressing 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. All street names are in compliance. They meet all street naming regulations in Article 4, Division 17, Land Development Regulations. Martin County, Fla. (2017). Electronic File Submittal Page 12 of 20

13 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. (2017). 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. (2017). The AutoCAD boundary survey was received and found to be in compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2017). O. Determination of compliance with utilities requirements - Utilities Department Water and Wastewater Service 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. [Martin County, Fla., LDR, Article 4, Division 6 and 7, (2016)] Wellfield and Groundwater Protection 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. [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 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: Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. [NFPA ] Please include an additional hydrant at the main entrance on Dixie Highway. Page 13 of 20

14 Emergency Preparedness The Emergency Management Agency staff has reviewed this development application for compliance with applicable statutes and ordinances and has determined that it is in compliance with the applicable standards and restrictions of the Land Development Regulations. This agency recommends approval of the application. Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General Services Department 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 The Health Department staff has reviewed the application for this project and finds it in compliance with the applicable Land Development Regulations. Additional Information: 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 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 pursuant to the school concurrency analysis provided as Exhibit 1 to this report. Page 14 of 20

15 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 Findings Comply Source - Environmental Services Department Reference - see Section O of this staff report Sanitary sewer facilities service provider Martin County Utilities Findings Comply Source -Environmental Services Department Reference - see Section O of this staff report Solid waste facilities Findings In Place Source - Growth Management Department Stormwater management facilities Findings - Comply Source - Engineering Department Reference - see Section N of this staff report Community park facilities Findings In Place Source - Growth Management Department Roads facilities Findings - Comply Source - Engineering Department Reference - see Section M of this staff report Mass transit facilities Findings In Place Source - Engineering Department Reference - see Section L of this staff report Public safety facilities Findings - Comply Source - Growth Management Department Reference - see Section P of this staff report Page 15 of 20

16 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 Positive Evaluation Source - Utilities and Solid Waste Department Reference - see Section O of this staff report Sanitary sewer facilities Service provider - Martin County Findings - Positive Evaluation 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 Positive Evaluation Source - Engineering Department Reference - see Section M of this staff report 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 - Positive Evaluation Source - Growth Management Department Public school facilities Findings - Pending Source - Growth Management Department An application for an Evaluation of Adequate Public Facilities and an Affidavit Deferring Public Page 16 of 20

17 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 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 Page 17 of 20

18 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. 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. Item #16: Transportation Resubmit revised HSC7 Intersection Analysis and Turning Movement Volume Counts: 1. Revised intersection inputs. This is an uncoordinated intersection with varying cycle lengths. Phases should match provided signal timing sheet. 2. AM In Project Trips added. SBL is the expected movement of choice for Rio Town Center bound vehicles. No NBR turning vehicles were submitted in the AM analysis. 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 Page 18 of 20

19 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: 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: $15, $15, $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 Page 19 of 20

20 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 SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement Z. Attachments Exhibit 1: Martin County School District, School Concurrency Determination Page 20 of 20

21 Martin County School District School Concurrency Determination Project: Rio Town Center Phase 1 Final Site Plan Date Received: Feb. 5th, 2018 Project #: S Owner/Applicant: istar Financial Location: SR 707 & NE Martin Ave in the Rio CRA Planned Project Units: 18 Service Area Analysis Project Unit Yield by Type of School School Type Rate Students Elementary: Middle School: High School: SGR CSA LOS 3 YR Added Capacity Total LOS Capacity Current Student Enrollment Projects w/reserved Capacity This Project Demand TOTAL Demand North Zone Elementary (Felix Williams, Jensen Beach El.) Available Capacity 79 Middle (Stuart) North Zone High (Jensen Beach High) Concurrency Availability: Pursuant to the City, County, School District Interlocal Agreement for School Planning and Siting, Section and Article 5 of the Martin County Land Development Regulations, Division 5, Section 5.83, the School District has determined that sufficient school capacity exists to serve the change in residential dwelling units proposed in this application to meet the school concurrency requirements under Florida Statute School capacity shall be reserved for the above referenced project. This Concurrency Reservation shall expire three (3) years from the date of issuance of this concurrency determination. Comments: This determination does not guarantee that the students from the above referenced project will be assigned to attend a particular school(s). Please note if capacity demand should exceed existing availability, students may be housed in relocatable units. Letter of No Objection: This School Concurrency Review serves as the Statement of No Objection from the School District. The conditions are as follows: None specified School District Contact: Kimberly Everman Date Issued: 2/21/18 Telephone: x evermak@martin.k12.fl.us Staff Report - Exhibit 1 - Page 1 of 1