staff report banyan bay pud phase 2b pud final site plan · for consistency with this phase 2b...

MARTIN COUNTY, FLORIDA

DEVELOPMENT REVIEW

STAFF REPORT

{

A. Application Information

BANYAN BAY PUD

Phase 2B PUD Final Site Plan

Applicant: Banyan Bay Macks, LLC

Property Owner: Banyan Bay Macks, LLC

Agent for the Applicant: Lucido & Associates, Morris A. Crady, AICP

County Project Coordinator: Catherine Riiska, MS, PWS, Principal Planner

Growth Management Director: Nicki van Vonno, AICP

Project Number: B082-030

Application Type and Number: D007 201700158

Report Number: 2017_0801_B082-030_DRT_Staff_FINAL.docx

Application Received: 05/17/2017

Transmitted: 05/18/2017

Staff Report: 08/01/2017

Joint Workshop: 08/10/2017

B. Project description and analysis

This application requests approval of Planned Unit Development (PUD) Phase 2B final site plan, for a

residential planned unit development located between South Kanner Highway and the South Fork of the

St. Lucie River at the intersection of Kanner Highway and SE Pomeroy Street, within the Primary Urban

Services District. The approved PUD Master Site Plan includes a total of 305 dwelling units with

associated infrastructure, wetland and upland preserve areas and recreation improvements including

waterfront amenities contained within five distinct phases (1, 2A, 2B, 2C, 3) on a 251-acre property for

a gross residential density of 1.2 units per acre.

Phase 1 originally received final site plan approval in 2005 and the plat was approved in 2008. Phase 1

improvements include the construction of the project entrance, 74 single family lots, adoption of a

Preserve Area Management Plan (PAMP) for the entire project, landscape buffers and a temporary

construction access and stockpile area to be located in the area of Phase 2C. Phase 2A is under current

review for approval of a final site plan and consists of 111 single family lots with supporting

infrastructure. Phase 2B consists of waterfront recreational improvements, Phase 2C consists of 48

duplex units and Phase 3 consists of 72 multi-family units. The construction of Phase 1 is substantially

complete. The current timetable for the project, including the recent state time extensions for Lake

Okeechobee Discharges, Zika virus and Hurricane Matthew, requires the applicant to obtain final site

plan approvals for Phases 2A, 2B, 2C, and 3, by March 28, 2022, and to complete construction of all

phases by March 28, 2024.

This application for the Phase 2B Final Site Plan proposes to eliminate a multi-slip docking facility that

Development Review Staff Report

of 25

was depicted in the previously approved master site plan, reducing the total number of vessel wet slips

from 29 to 6. The remaining six wet slips are associated with three single family docks proposed on the

shared lot lines for six single-family residential lots (Lots 61-66 in Phase 2A). These are depicted on the

current final site plan for conceptual purposes only and shall be subject to the state permitting process

for single family waterfront docks. Waterfront amenities within this phase are proposed for the sole use

of the residents of Banyan Bay and include a boat ramp, gangway, fishing pier, picnic shelter with deck,

ten vehicular parking spaces and six trailer parking spaces. Revision of the approved Master Site Plan

for consistency with this Phase 2B final site plan is already proposed in conjunction with a proposed

Seventh Amendment to the PUD Zoning Agreement, revised master site plan, revised phasing plan, and

final site plan for Phase 2A, which is being processed under Project #B082-029.

The project will be serviced by Martin County Utilities for water, wastewater, and IQ irrigation water

sources. Access is provided through the Phase 2A residential roadway known as SW Pennfield Terrace

with access to the overall development provided via a single entrance on S. Kanner Highway. This

application includes a request for a Certificate of Adequate Public Facilities Reservation.

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 288-5667 Pending

F ARDP Samantha Lovelady 288-5664 N/A

G Development Review Catherine Riiska 288-5667 Non-Comply

H Urban Design Santiago Abasolo 288-5485 N/A

H Community Redevelopment Santiago Abasolo 288-5485 N/A

I Property Management Colleen Holmes 288-5794 N/A

J Environmental Shawn McCarthy 288-5508 Non-Comply

J Landscaping Karen Sjoholm 288-5909 Non-Comply

K Transportation Lucine Martens 288-5476 Comply

L County Surveyor Michael O’Brien 288-5418 Non-Comply

M Engineering Michelle Cullum 288-5512 Non-Comply

N Addressing Emily Kohler 288-5692 Comply

N Electronic File Submission Emily Kohler 288-5692 Comply

O Water and Wastewater James Christ 320-3034 Non-Comply

O Wellfields James Christ 320-3034 Comply

P Fire Prevention Doug Killane 288-5633 Comply

P Emergency Management Dan Wouters 219-4942 N/A

Q ADA Judy Lamb 221-1396 Non-Comply

R Health Department Todd Reinhold 221-4090 N/A

R School Board Kimberly Everman 223-3105 N/A

S County Attorney Krista Storey 288-5443 Review Ongoing

T Adequate Public Facilities Catherine Riiska 288-5667 Review Pending

D. Review Board action

This application requests approval of a final site plan for Phase 2B for the Banyan Bay Planned Unit

Development (PUD) which has an approved Master Site Plan and Phasing Plan. This application is


of 25

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)

E. Location and site information

Parcel number(s) and address:

41-38-41-000-000-0004.0-00000 No Address

Nearest major road: S Kanner Highway at SE Pomeroy St

Commission district: Not Available

Community redevelopment area: Not Applicable

Municipal service taxing unit: District 2

Planning area: Not Available

Storm surge zone: Not Available

Taxing district: Not Available

Traffic analysis zone: Not Available

Gross area of site: 46,047 square feet

Figure 1: Location Map


of 25

Figure 2: Subject Site 2017 Aerial

Adjacent existing or proposed development:

To the north: Preserve area

To the south: Single Family Residential (approved Master)

To the east: Single Family Residential (approved Master)

To the west: N/A, South Fork St Lucie River

Figure 3: Local Area 2017 Aerial


of 25

Figure 4: Local Area 2017 Aerial with Site Plan and Preserve Overlay

Zoning district designations of abutting properties:

To the north: PUD-R, Residential Planned Unit Development

To the south: PUD-R, Residential Planned Unit Development

To the east: PUD-R, Residential Planned Unit Development


Figure 5: Zoning District Map


of 25

Future land use designations of abutting properties:

To the north: Medium Density Residential

To the south: Low Density Residential

To the east: Low Density Residential


Figure 6: Future Land Use Map

F. Determination of compliance with Comprehensive Growth Management Plan requirements -

Growth Management Department

Unresolved Issues:

Item #1:

Generic Comp Plan Compliance-GMD

This application cannot be deemed to be in compliance with the Martin County Comprehensive Growth

Management Plan (CGMP) until the issues identified in this report have been satisfactorily resolved.

MARTIN COUNTY, FLA., CGMP POLICY 4.1A.1. (2016)

G. Determination of compliance with land use, site design standards, zoning, and procedural

requirements - Growth Management Department

Unresolved Issues:

Item #1:

Site Plan Data

A complete site plan is required as part of the application pursuant to Section 10.2.B.5., LDR, Martin

County, Fla.


of 25

Pursuant to Section 10.2.B.5., LDR, Martin County, Fla. (2016), please provide the following data on

the site plan, in square feet and acres, to demonstrate compliance with the Martin County Code

requirements. Provide appropriate areal descriptions for all required and proposed total areas within the

categorized sections (e.g. Landscaping, Stormwater detention, Stormwater retention, Open water,

Sidewalks, Roadway, Wetland preserve, Upland preserve, etc.).

Remedy/Suggestion/Clarification:

Revised Master Site Plan:

1. Please revise the north arrow for accuracy, which appears to be pointing in a NNW direction.

2. Please move wetland and flow thru marsh areas from the pervious to the impervious data and

provide revised open space calculations, including a demonstration of compliance with Policy

4.13A.7.(1)(b). (Staff acknowledges that this change to the data tables is a methodology

correction and does not result in any reduction in open space as originally approved.)

3. Please also provide updated calculations of wetland and upland preserve areas consistent with

the conversion of flow through marsh to upland preserve within Phase 2A as proposed within the

Application B082-029.

4. Please add the proposed construction entrance, which is not currently shown on the proposed

revised Master Site Plan as proposed within the Application B082-029.

Phase 2B Final Site Plan:

1. Please dimension setbacks to preserve boundaries.

2. Please show locations of required preserve signage.

3. Please show dimensions of the preserve area located between the picnic shelter and deck and the

shoreline.

4. Please provide proposed height of shelter structure and provide elevation plan to demonstrate

compliance.

Item #2:

PUD Sustainable Design Standards

Special Condition # 16, Exhibit F, PUD Zoning Agreement, requires sustainable design standards and

includes, "Further refinements of these standards and the specific implementation thereof shall be

incorporated into the final design of the development and compliance with such standards shall be

demonstrated with each application for final site plan approval.”

Subsection A. states, "Pedestrian walkways and bicycle paths shall link neighborhood pods and shall

provide linkage to natural and manmade open spaces and recreation areas, whenever possible."

Remedy/Suggestion/Clarification: 1. Please indicate what refinements to the final site plan for the recreational elements of Phase 2B

have been incorporated to implement this zoning agreement condition.

2. Please provide pedestrian connectivity from Phase 2A to the waterfront recreational facilities in

Phase 2B.

3. Staff recommends that the applicant consider placing an outdoor monofilament recycling

collection bin at the fishing pier and designate the HOA as responsible for implementation and

maintenance of the FWC monofilament recycling program. Information on this environmental

sustainability program may be found online at http://mrrp.myfwc.com/home/ and by contacting

Ms. Elizabeth Winchester, the MRRP coordinator with FFWCC, at

http://mrrp.myfwc.com/home/


of 25

[email protected] .

Additional Information:

Information #1:

Once everyone has signed off with a comply, the project will be scheduled for the next BCC meeting

dependent upon the County's scheduling policy.

For BCC meeting, additional copies of the site plan will be requested for the distribution packets from

the applicant.

Information #2:

For any development order resolution, 8-1/2 by 11 copy of the legal description labeled as Exhibit A and

8-1/2 by 11 copy of the site plan labeled as Exhibit B from the applicant will be required.

Information #3:

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 #4:

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 $600.00 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 #5:

Timetable Of Development - Final

The timetable of development for final site plans require all permits to be obtained within one year of

approval and require all construction to be completed within two years of approval. MARTIN

COUNTY, FLA., LDR, § 10.1., 5.32

H. Determination of compliance with the urban design and community redevelopment requirements

– Community Development Department

Commercial Design

The proposed project is not located within the General Commercial, Limited Commercial, Commercial

Office/Residential or Waterfront Commercial Future Land Use Designations. Therefore, the

Commercial Design reviewer was not required to review this application. MARTIN COUNTY, FLA.,

mailto:[email protected]


of 25

LDR SECTION 4.871.B. (2016)

Community Redevelopment Area

The proposed project is not located within a Community Redevelopment Area. Therefore, the

Community Redevelopment Area reviewer was not required to review this application. MARTIN

COUNTY, FLA., LDR ARTICLE 3, DIVISION 6 (2016)

I. Determination of compliance with the property management requirements – Engineering

Department

No dedication of additional right of way is required or proposed by the Applicant pursuant to the

Roadway Classifications set forth in Section 4.843.B, Land Development Regulations, Martin County,

Fla. (2001) which includes Table 4.19.1 that lists the minimum right-of-way requirements. Therefore,

the Applicant is not required to submit due diligence materials for review by Real Property

Management.

J. Determination of compliance with environmental and landscaping requirements - Growth

Management Department

Environmental

Unresolved Issues:

Item #1:

Site Data And Habitat Mapping

Please identify the following in the site plan data table, as applicable:

a. UPLAND PRESERVE - please re-label the preserve as "UPLAND

PRESERVE/SHORELINE PROTECTION ZONE" to be consistent with Martin County code.

b. TOTAL PRESERVE ACREAGE, for this phase.

Item #2:

Site Plan Review

Please provide for the following Notes on the Final Site Plan:

1. Boundary markers will be placed at the corners of residential lots abutting Preserve Areas.

Additional preserve signs will be at least 11 x 14 inches in size and will be posted in conspicuous

locations along the Preserve Area boundary, at a frequency of no less than one (1) sign per 500 feet.

Item #3:

Upland Common And Rare Habitat

The master site plan identifies the water related facilities and shows locations for illustrative purposes

only. With this final site plan application, these facilities and structures will be more accurately

described and cited to meet code requirements. As a result, please explain if the upland preserve

acreages will require updating once the structures are cited within the SPZ. Updates to preserve acreages

are required to be shown on the master and file site plans.


of 25

Item #4:

Land Clearing Page

The following shall be included on the land-clearing page:

1. Location and limits of areas to be cleared. Please further clarify and update the limits of clearing

within the upland preserve/shoreline protection zone for allowable structures (fishing pier, boat

ramp). Clearing shall be minimized to the extent practical for construction of these structures.

2. Locations of erosion control devices. Please show the use of yellow turbidity curtains for all in-

water work.

3. Locations of any materials to be temporarily stockpiled to include land clearing debris or

excavated materials.

4. Include the text: "Authorization to install erosion control devices and preserve barricades will be

granted at the pre-construction meeting. This authorization shall be posted on the site, in the

permit box, its location shown elsewhere on this page."

5. Include the text: "No additional land clearing shall commence until a satisfactory inspection of

the required erosion control barricades has been obtained."

6. Include the text: "All construction barricades and silt fences will remain in place and be

monitored for

7. compliance by the permit holder during the permitted development activities."

8. Include the text: "Prior to scheduling a final environmental inspection for the infrastructure, all

barricades and erosion control devices shall be removed and disposed of by the contractor."

Item #5:

Land Clearing Methodology

Ensure that the plans provided document the construction practices to be employed to demonstrate

compliance with the following land clearing requirements:

Applications for land clearing shall require a land clearing plan that includes, at a minimum,

proposed dates for clearing, the proposed method of erosion and sediment control, the proposed method

of debris disposal and soil stabilization procedures to be implemented after land clearing. A statement

may be provided on the land clearing plans to confirm that these criteria and dates for clearing will be

confirmed and documented by the Engineer of Record prior to the pre-construction meeting.

Where off-site siltation becomes a problem, work on the project shall stop until an amended plan

is approved and implemented.

During construction activities, existing native vegetation shall be retained to act as buffers

between adjacent land uses, and to minimize nuisance dust, noise and air pollution. This requirement

shall be a condition of all development approvals. Please provide for phased land clearing plans, where

feasible, to comply with this requirement.

Soil stabilization. Soil stabilization such as seeding, wetting and mulching which minimize

airborne dust and particulate emission generated by construction activity shall be completed

progressively as vegetation removal occurs within a given area of a site. Excavation, fill placement,

vertical construction or soil stabilization shall begin within 15 days, and shall be completed within 30

days of vegetation removal within a given area of a site. The method chosen for soil stabilization must

be appropriate for the particular situation.

Disposal of land clearing debris. Open burning of land clearing debris in the Urban Service

District, as defined in the Future Land Use Element of the Comprehensive Plan, by any method other

than the oxygenated or pit burning technique that does not add particulate matter or smoke to the air,


of 25

shall be prohibited. Land clearing debris shall be disposed of in the following manner:

1. Chipped on-site or at a legal chipping facility and delivered for composting to a facility

approved for composting; or

2. Delivered to the chipper at the Martin County Landfill and chipped for mulch; or

3. Burned as described above.

Nonvegetative debris including construction and demolition debris shall be disposed of at an approved

landfill site.

Construction - waterfront

In addition to the standard land clearing considerations, given the sensitive location of proposed

construction, special consideration needs to be implemented to protect adjoining wetlands and surface

waters. Devices such as turbidity curtains should be employed to protect shoreline resources (e.g.,

seagrasses and mangroves). NPDES monitoring and reporting criteria need to be established to prevent

site discharges into the adjoining waterbody. The plans need to indicate that copies of NPDES

monitoring reports for this site shall be included with monthly monitoring reports submitted to Growth

Management and Engineering Departments.

Item #6:

Docks, Boardwalks And Marinas

Please document compliance with the following standards provided in MARTIN COUNTY, FLA., LDR

Section 4.5.G. (2011):

An exception from the shoreline protection zone requirements may be granted when a plan for elevated

observation boardwalks, single-family residential docks, multislip docks, boat ramps and commercial

docks has been designed and located in such a manner that the least amount of damage to the Shoreline

Protection Zone and has been approved by the County Administrator. Elevated walkways that cross over

navigable surface waters of the state shall be reviewed by the Board of County Commissioners for

compliance with the policies of the Comprehensive Growth Management Plan.

1. In accordance with this waiver provision, please provide a separate plan detailing all proposed

dock and boat ramp structures within the shoreline protection zone. Staff suggests providing

dimensional details and cross-sections showing the structures and all width allowances proposed within

the SPZ. The open deck and covered shelter as currently shown on the final site plan and within the SPZ

are not structures specified within the above referenced waiver provision. Please revise the final site plan

accordingly.

The CGMP includes criteria for boat ramp citing under Policy 8.1D.4, CGMP, Martin County, Fla.

Please document compliance with this criteria as shown below, especially in regards to the

environmental constraints under sub paragraph four.

Policy 8.1D.4. Boat ramp siting criteria. Martin County shall use the following criteria in reviewing

developments and site plans for all boat ramp projects:

(1) Utilization and public demand. The size and location of boat ramps throughout Martin County

should be determined based on population centers and projected needs. Proposed boat ramps should be

near significant population centers and offer access to large navigable bodies of water.

(2) Land use (existing and permitted).

(a) Comprehensive plan: Public boat ramps shall be located in areas delineated for institutional use

on the future land use maps of the CGMP. Private boat ramps may be located within other land use

designations if a need for such facilities can be demonstrated.


of 25

(b) Existing use: Preference shall be given to sites that have already been legally disturbed.

(3) Support facilities.

(a) Non-water-related facilities: All boat ramp facilities, such as restrooms, trash bins, pump-out

stations and parking, shall be located in upland areas and shall comply with all applicable CGMP

policies.

(b) Adequate traffic capacity: Boat ramps shall require public road access adequate for their

intended capacity, and adequate upland areas for all required facilities associated with the proposed

ramp.

(c) Sewage capacity: Larger regional boat ramp facilities shall provide adequate sewage disposal.

Such facilities shall consist of restrooms, pump-out facilities and dumping stations, where appropriate.

(4) Environmental constraints.

(a) Sensitive areas:

1) Boat ramps shall not be allowed in portions of the Loxahatchee River federally designated as

wild and scenic.

2) In the following sensitive areas, the applicant shall be required to demonstrate to the satisfaction

of Martin County that the proposed boat ramp is not contrary to the public interest, does not have any

significant adverse environmental impacts and that a more suitable site is not available:

[a] Aquatic preserves;

[b] Outstanding Florida waterways:

[c] Marine sanctuaries;

[d] Estuarine sanctuaries;

[e] Manatee sanctuaries or areas of critical manatee habitat; and

[f] Other highly productive or unique habitats.

(b) Water depth: Boat ramps shall be approved only in areas having sufficient water depths to

accommodate the type of boats projected to be used at the site. Water depth restrictions shall be clearly

posted at all boat ramps.

(c) Access dredging: Preference shall be given to sites where no dredging is required. Boat ramps

may be permitted in locations requiring only maintenance dredging.

(d) Erosion prevention: Boat ramps located in areas historically prone to shoreline erosion may

require a shoreline stabilization plan as part of their permitting procedure. Such plans will be aimed at

ensuring that erosion is not aggravated either by the boat ramp or by the anticipated increase in boating

it causes.

(e) Access markers: As authorized by the FFWCC, channel markers showing the locations and depth

limits of all County-maintained boat ramps and connecting channels shall be placed along the major

adjacent waterway.

(f) Surface water drainage: Surface water drainage in the area of boat ramps should be designed to

prevent siltation and poor quality runoff.

Landscape

Unresolved Issues:

Item #1:

Landscape Tabular Data

Landscape plans shall include a table which lists the gross and net acreage, acreage of development and

preservation areas, number of trees and tree clusters to be protected within the developed area and

within perimeter areas, and square footage of vehicular use areas (Ref. Section 4.662.A.10, LDR).


of 25


While the discrepancy is minimal and unlikely to affect landscape requirements, Site plan and

Landscape plan are not consistent regarding total site area. Please revise for consistency.

Item #2:

General Landscape Design Standards

Please demonstrate compliance with the following general landscape requirements on the provided

plans:

a. The following statement is provided: "All prohibited species shall be removed from the

entire site prior to the issuance of a certificate of occupancy." (Section 4.664, LDR)

b. Mulch material to a minimum compacted depth of three inches is provided for all

planting areas when used to supplement ground cover. Cypress mulch may not be used

as a mulching material. (Section 4.663.C., LDR)

c. The following statement is provided: "The use of cypress mulch is prohibited in all

landscaped areas."

d. No use shall be made of, and no development activity shall be permitted in, land use

buffers and perimeter landscape areas, except for:

i. Planting material approved as part of the landscape plan.

ii. Completely underground utilities and essential, specifically approved, overhead or

aboveground utilities which cross these areas and do not interfere with the mature

growth of required plant material.

iii. Grass ditches, with back slopes no steeper than 3V:1H, which can support the

required landscaping materials.


Add required notes.

Item #3:

Landscape Native Tree Protect & Survey

A tree survey is required to identify specific native trees required to be protected from development

[Section 4.666, LDR]. Please note that trees in proposed preservation areas, palm trees and non-native

species need not be identified on this survey. Existing native vegetation shall be retained to act as

buffers between adjacent land uses, and to minimize nuisance dust noise and air pollution during

construction. The following information shall be provided for trees in the developed area:

1. As a condition of the issuance of a permit for removal of a protected tree, a satisfactory plan

shall be presented by the applicant for the successful replacement of trees to be removed, based

on the schedule found in Section 4.666.D., LDRs. Such schedule may be offset by the tree

preservation schedule, for protected trees to be retained on site, as found in Section 4.664.F.,

LDRs.


Trees within a preserve area cannot be utilized for tree mitigation or to meet minimum tree requirement.

The Dahoon should not be included in tree calculations.

Item #4:


of 25

Landscape Material Standards-General

Please demonstrate compliance with the following requirements (Section 4.664, LDR):

1. The ground area within required landscaped areas which is not dedicated to trees, vegetation or

landscape barriers shall be appropriately landscaped and present a finished appearance and

reasonably complete coverage upon planting.

2. Ground covers shall be spaced so as to present a finished appearance and complete coverage

within six months after planting. Ground covers required by this division shall consist of at least

50 percent native species.

3. Irrigated turfgrass areas shall be consolidated and limited to those areas on the site that receive

pedestrian traffic, provide for recreation use, provide cover for on-site sewage disposal systems,

or provide soil erosion control such as on slopes or in swales; and where turfgrass is used as a

design unifier or other similar practical use. Turf areas shall be quantified and identified on the

landscape plan.


What is the ground treatment proposed between the retaining wall and the preserve? Please specify that

the Slash pine shall be the variety 'densa'.

Item #5:

Landscape Protection And Maintenance

Please add the following notes regarding landscape maintenance to the plans provided [Section 4.665,

LDR]:

Protection of required landscaping.

1. Encroachment into required bufferyards and landscaped areas by vehicles, boats, mobile homes

or trailers shall not be permitted, and required landscaped areas shall not be used for the storage

or sale of materials or products or the parking of vehicles and equipment.

Maintenance of required landscaping.

1. Required landscaping shall be maintained so as to at all times present a healthy, neat and orderly

appearance, free of refuse and debris. If vegetation which is required to be planted dies it shall

be replaced with equivalent vegetation. All trees for which credit was awarded and which

subsequently die, shall be replaced by the requisite number of living trees according to the

standards established in the Martin County Landscape Code.

2. All landscaping shall be maintained free from disease, pests, weeds and litter. Maintenance shall

include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance,

as needed and in accordance with acceptable horticultural practices. Perpetual maintenance shall

be provided to prohibit the reestablishment of harmful exotic species within landscaping and

preservation areas.

3. Regular landscape maintenance shall be provided for repair or replacement, where necessary, of

any screening or buffering required as shown on this plan. Regular landscape maintenance shall

be provided for the repair or replacement of required walls, fences or structures to a structurally

sound condition as shown on this plan.


Add required notes.


of 25

K. Determination of compliance with transportation requirements - Engineering Department

Findings of Compliance:

The Traffic Division of the Engineering Department finds this application in compliance.

Compliance with Adequate Public Facilities Ordinance:

This application satisfies the Adequate Public Facilities Standard; it is exempt as it is a development, a

development alteration, or an expansion that does not create additional impact on the roadway network

(Article 5, Division 2, Section 5.32.D.3.f).

Roadway capacity was reserved September 24, 2013 pursuant to an agreement between the Martin

County Board of County Commissioners and SR-76 LLC and the Fifth Amendment to the Banyan Bay

Zoning Agreement.

L. Determination of compliance with county surveyor - Engineering Department

Unresolved Issues:

Item #1:

Survey Requirements

1. The Boundary Survey and site plans for this site and all other applicable phase site plans shall

adhere to Florida Statutes Chapter 177 as it relates to establishing the Mean-High-Water and

jurisdictional line between private and state sovereign lands.

2. Applicable Boundary Survey geometry shall be reflected on the site plan(s).

M. Determination of compliance with engineering, storm water and flood management requirements

- Engineering Department

Unresolved Issues:

Item #1:

Private Road Maintenance

All interior roadways depicted on a development's Final Site Plan need to be identified on the final site

plan as being either public or private. Additionally, the General Notes on the final site plan need to

address what entity has the responsibility for maintaining the roadways in a manner acceptable to Martin

County. This information needs to be consistent with similar information contained in the Dedications

portions of the Plat. (Article 4, Division 19, Section 4.843.I)

Item #2:

Off-Street Parking

Revise the following components to document conformance with the cited references:

1. Demonstrate that the northernmost angled parking stall does not encroach into the drive aisle.

2. [MARTIN COUNTY, FLA., LDR SECTION 4.627.B (2009)]

3. Provide standard detail or label proposed FDOT ADA Accessible Ramp and standard index

[MARTIN COUNTY, FLA., LDR SECTION 4.627.E (2009)]


of 25

4. Provide a label for the existing symbol located within the proposed entrance island.

5. Provide typical section detail for proposed asphalt.

Item #3:

Consistency With Other Plans

The following components of the final site plan or construction plans are inconsistent:

1. Label landscape buffer on Construction Plans.

2. Provide boundary and annotations on Final Site Plan and Construction Plans

3. Provide Stop Bars and Stop Control Signage on Final Site Plan.

Item #4:

Stormwater Mgmt Submitted Materials

Provide the following items to document conformance with the cited references:

1. An existing conditions map including water management facilities, drainage basin boundaries,

vegetated areas, wetlands, impervious areas, adjacent wetlands, adjacent developments, all wells

and septic systems within 100 feet of the perimeter of the excavation, the FEMA flood zone(s),

the location relative to the Coastal High Hazard Area. or any other significant adjacent features

[MARTIN COUNTY, FLA., LDR SECTIONS 4.343.A.4 & 4.384.A.3 (2015)] [MARTIN

COUNTY STORMWATER MANAGEMENT AND FLOOD PROTECTION STANDARDS

FOR DESIGN AND REVIEW, SECTIONS 1.4.A.2.b & 1.4.A.3.c (2001)]

2. The basin labels and flow arrows that are light grey on the Post Development Basin Map are

difficult to read. Some of the lettering for the labels is overlapping hatched areas that also make

it difficult to read. Include the basin acreages on the Basin Map. [MARTIN COUNTY

STORMWATER MANAGEMENT AND FLOOD PROTECTION STANDARDS FOR

DESIGN AND REVIEW, SECTIONS 1.4.B.7.c (2001)]

Item #5:

Stormwater Mgmt Pre-Development

1. The narrative of the report for should adequately describe Phase 2B only (i.e. existing site

conditions, perimeter conditions, etc.). This report should demonstrate how Phase 2B is self-

sufficient.

2. Describe how the wet season water table elevation was determined within the narrative.

3. Based on the Post Development Basin Map, Phase 2B is not included within Basin E1 as

described.

Item #6:

Stormwater Mgmt Post-Development

1. The post-development analysis must be for Phase 2B only. Determination of design parameters

(perimeter berm elevation, finished floor elevation, minimum pavement elevation) should be

calculated using the proposed land uses of Phase 2B. It is unclear how Phase 2B is included

within Basins E1 and E3 as described.

2. The total areas in the drainage Analysis and Calculations must be for Phase 2b only and must be

consistent with the Final Site Plan.


of 25

Item #7:

Stormwater Mgmt Construction Plans

1. Provide detail for concrete washout on Erosion Control Plan. (4.385.A)

2. Provide erosion control measures and details for the construction of the boat ramp and floating

dock within the St. Lucie River. (4.385.A)

3. Provide a detail for the construction entrance. (4.385.A)

4. Revise limits of clearing to accurately reflect proposed construction areas.

5. Compliance with the following construction plan components cannot be determined until the

applicant addressed the comments above for the Stormwater Report:

a. The minimum roadway (10-year, 24-hour stage) elevation

b. The minimum perimeter berm (25-year, 72-hour stage) elevation

c. The minimum finished floor elevation (100-year 72-hour stage) elevation

6. The proposed swale must meet the following:

a. Side slopes not steeper than (4H:1V)

b. Minimum depth of 8 inches

c. Minimum bottom width of 1-foot

7. Construction is proposed outside the limits of the Phase 2B. Revise the Phase line to include the

driveway entrance or include the driveway entrance for the boat ramp areas in the construction of

Phase 2A.

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


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

Water and Wastewater Service


of 25

Unresolved Issues:

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]

Item #2:

Draft Agreement Submitted

The applicant has submitted a draft water and wastewater service agreement. The applicant must submit

a final, executable draft 'Water and Wastewater Service Agreement' to the Planning and Development

Services Department for review by the Legal Department prior to seeking final site plan approval.

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.

Emergency Preparedness

The proposed project for this phase of the development does not contain habitable residential structures

pursuant to Section 10.1.F, LDR, Martin County, Fla. (2016) and is not anticipated to impact Martin

County Emergency Management resources. Therefore, the Emergency Management reviewer was not

required to review this application.

Q. Determination of compliance with Americans with Disability Act (ADA) requirements - General

Services Department

Unresolved Issues:

Item #1:

ADA-Route, Site Minimum Stds

206.2.1 Site Arrival Points.

At least one accessible route shall be provided within the site from accessible parking spaces and


of 25

accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the

accessible building or facility entrance they serve.

206.2.2 Within a Site.

At least one accessible route shall connect accessible buildings, accessible facilities, accessible

elements, and accessible spaces that are on the same site.

(2014 FBC, FIFTH EDITION\ACCESSIBILITY 206.2.1)


5/22/2017 - Show accessible route to Gangway and Floating Dock.

Also show accessible route to perimeter sidewalk, if perimeter sidewalk is required by

engineering.

Item #2:

ADA-Route, Width Stds

403.5.1 Clear Width.

Except as provided in 403.5.2 and 403.5.3, the clear width of walking surfaces shall be 36 inches (915

mm) minimum.

(2014 FBC, FIFTH EDITION\ACCESSIBILITY 403.5.1)


5/22/2017 - Show the clear width and accessible route to the Gangway and Floating Dock at the boat

ramp. (per FBC Accessibility, Fifth Edition 1003.2.2 and 1003.3)**Advisory 1003.3 Clearances.

Although the minimum width of the clear pier space is 60" (1525 mm), it is recommended that piers be

wider than 60 inches (1525 mm) to improve the safety for persons with disabilities, particularly on

floating piers.***

Item #3:

ADA-Route, Egress For Emergency

207 ACCESSIBLE MEANS OF EGRESS

207.1 General.

Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition

and 2001 Supplement) or section 1007 of the International Building Code (2003 edition) (incorporated

by reference, see ¿Referenced Standards¿ in Chapter 1).

207.1.1

Barriers at common or emergency entrances and exits of business establishments conducting business

with the general public that are existing, under construction, or under contract for construction which

would prevent a person from using such entrances or exits shall be removed.

(2014 FBC, FIFTH EDITION\ACCESSIBILITY 207)


5/22/2017 - Show width of accessible route from Open Deck and Covered Shelter to concrete sidewalk.

Item #4:


of 25

Ada - Curbs

The following are required for curb ramps:

1. A curb ramp shall have a detectable warning following FDOT guidelines.

2. Curb ramps shall be located or protected to prevent their obstruction by parked vehicles. [Section

11-4.7.8, FACBC]

3. Curb ramps at marked crossings shall be wholly contained within the markings, excluding any

flared sides (see Fig. 15). [Section 11-4.7.9, FACBC]

4. Any raised islands in crossings shall be cut through level with the street or have curb ramps at

both sides and a level area at least 48 inches long between the curb ramps in the part of the island

intersected by the crossings [see Fig 15 (a) and (b)]. [Section 11-4.7.11, FACBC]

5. Ramps and landings with 'drop-off' shall have curbs, walls, railings, or projecting surfaces that

prevent people from slipping off the ramp. Curbs shall be a minimum of 2 inches high (see Fig.

17). [Section 11-4.8.7, FACBC]

6. Outdoor ramps and their approaches shall be designed so that water will not accumulate on

walking surfaces. [Section 11-4.8.8, FACBC]


5/22/2017 - If perimeter sidewalk is required by Engineering, Detectable Warnings would need to be at

vehicular crossing.

R. Determination of compliance with Martin County Health Department and Martin County School

Board

Martin County Health Department

The applicant has indicated that the proposed final site plan contains no onsite potable wells or septic

disposal systems. Therefore, the Department of Health was not required to review this application for

consistency with the Martin County Code requirements within the Land Development Regulations or

Comprehensive Growth Management Plan. [Martin County, Fla., LDR Section 10.1.F. (2016)]

Martin County School Board

The applicant has indicated that the proposed final site plan is for a non-residential phase. Therefore, the

Martin County School Board was not required to review this application for consistency with the Martin

County Code requirements for school concurrency purposes. MARTIN COUNTY, FLA., LDR

SECTION 10.1.F. (2016)

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

The following is a summary of the review for compliance with the standards contained in Section

5.32.D., LDR, Martin County, Fla. (2016), for a Certificate of Adequate Public Facilities Reservation.

Potable water facilities


of 25

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 – In Place

Source - Growth Management Department

Stormwater management facilities

Findings - Pending

Source - Engineering Department

Reference - see Section M of this staff report

Community park facilities

Findings – In Place


Roads facilities

Findings - Comply

Source - Engineering Department

Reference - see Section K of this staff report

Public safety facilities

Findings – N/A


Reference - see Section P of this staff report

Public school facilities

Findings – N/A


Reference - see Section R 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.

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.


of 25

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

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.


of 25

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 2010 - 2014 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:

Two (2) originals of the Cost Estimate, 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:

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 #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:

ENVIRONMENTAL PERMITS

The following permits must be submitted prior to scheduling the Pre-Construction meeting:

1. Florida Fish and Wildlife Conservation Commission (FWC) listed species permit or plan

Item #2:

STORMWATER MGMT PERMITS


of 25

The following permits must be obtained 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. Army Corps of Engineers (ACOE) Nationwide

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: $9,127.00 $9,127.00 $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: Banyan Bay Macks, LLC

4750 Owings Mills Blvd

Owings Mills, MD 21117

Agent: Lucido & Associates

Morris A. Crady, AICP

701 East Ocean Blvd

Stuart, FL 34994

772-220-2100

Landscape architect: Lucido & Associates

Morris Crady

701 East Ocean Blvd

Stuart, FL 34994

772-220-2100

Y. Acronyms

ADA ............. Americans with Disability Act


of 25

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

staff report banyan bay pud phase 2b pud final site plan · for consistency with this phase 2b...

Documents