mariner village square pud - martin county florida · mariner village square pud is a commercial...

MARTIN COUNTY, FLORIDA

DEVELOPMENT REVIEW

STAFF REPORT

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A. Application Information

MARINER VILLAGE SQUARE PUD REVISED PUD ZONING AGREEMENT AND REVISED MASTER SITE PLAN

Applicant: Ribbon Ventures, LLC

Property Owner: Ribbon Ventures, LLC

Contract Purchaser: KPF Capital, LLC

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

County Project Coordinator: Paul Schilling, Principal Planner

Growth Management Director: Nicki van Vonno, AICP

Project Number: M160-008

Application Type and Number: D058 201500356

Report Number: 2016_1205_M160-008_DRT_Staff_DRAFT

Application Received: 12/15/2015

Transmitted: 12/17/2015

Date of Staff Report: 04/13/2016

Joint Workshop: 04/21/2016

Resubmittal Received: 09/09/2016

Transmitted: 09/09/2016

Date of Staff Report: 12/05/2016

B. Project description and analysis

Request approval of the Fifth Amendment to the PUD Zoning Agreement, Revised Master Site Plan and

proposed Phasing Plan. The partially developed property is approximately 20 acres in size and located

on the west side of Federal Hwy (US 1) at the intersection of Mariner Sands Dr and Federal Hwy

between Port Salerno and Hobe Sound. Included in the application is a request for a deferral of a

Certificate of Public Facilities Reservation.

Mariner Village Square PUD is a commercial development that is located on the west side of Federal

Hwy (US 1) at the intersection of Mariner Sands Dr and Federal Hwy between Port Salerno and Hobe

Sound. A Master Site Plan for the Mariner Village Square PUD was originally approval by the Board of

County Commissioners on January 29, 1987. Water and wastewater service is provided by Martin

County Utilities.

The Final Site Plan for Phase 1 was approved in 1988 and the improvements completed in 1989. The

Development Review Staff Report

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Phase 1 improvements included a 15,000 square feet (sf), 2-story bank/office building with required

parking and landscaping, stormwater management system for the entire project, right and left turn lanes

on US-1, and the creation of a Preserve Area Management Plan (PAMP) for the entire project. The

bank/office building site located on the northwest corner of the intersection of US-1 and Mariner

Sands Dr, has been conveyed by way of Plat 1 of the Mariner Village Square PUD.

Over the years, four amendments have been received and approved for the project including the Fourth

Amendment which was approved on June 8, 2004. The Fourth Amendment revised the Master Site Plan,

the Phasing Plan and the timetable of development. Phase 2 provided for 27,128 sf of retail and office

space; Phase 3 included 28,050 sf of retail space and Phase 4 provided for 75,000 sf, 3-story office

building. The timetable for development of Phases 2, 3, and 4 has expired.

PROPOSED AMENDMENT

A Revised Master Site Plan and Phasing Plan with the following changes are proposed by way of the

Fifth Amendment to the Mariner Village Square PUD zoning agreement:

Proposed Changes to Master Plan and Phasing Plan

Phase 1 (Lot 1): No change to the existing 15,000 sf bank/office building or the 71 parking

spaces is proposed, however, the project entrance on US-1 and existing access tract will be

restored and enhanced as part of the proposed Phase 2 site work.

Phase 2 (Lot 2): Revise building area from a 75,000 sf, 3-story office building to a 2-story, 152-bed

residential care facility (assisted living and memory care) and add "right-in/right-out" service entrance

on US-1. (Formerly Phase 4)

Phase 3 (Lot 3A and 3B): Revise building area from 27, 128 sf retail and office space to 6,000 sf of

restaurant space and 10,000 sf of retail building. (Formerly Phase 2)

Phase 4 (Lot 4): Revise building area from 28,050 sf of retail space to a 2-story, 108-bed residential

care facility (assisted living). (Formerly Phase 3)

No changes to PUD conditions as stated in the 4th Amendment to the PUD Agreement are proposed.

The project retains the original wetland preserve and 50' buffer and includes increase upland preserve

and an updated Preserve Area Management Plan.

The improvements required for the remaining Phases have been specifically described on the Phasing

Plan and within the revised PUD Timetable for Development. The applicant intends to include all

required infrastructure to support the entire subdivision with Phase 2. The completion of all site

infrastructure and preserve area requirements shall be required prior the issuance of Certificate of

Occupancy in Phase 2.

Proposed Changes to the PUD Timetable

The revised PUD Timetable will provide a maximum of 5 years to obtain final site plan approval of the

remaining phases as follows:


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Date to obtain Final Site plan approval (on or before) Completion (on or before)

Phase 2: December 31, 2017 December 30, 2019



C. Staff recommendation

The specific findings and conclusion of each review agency related to this request are identified in

Sections F through T of this report. The current review status for each agency is as follows:

Section Division or Department Reviewer Phone Assessment

F Comprehensive Plan Paul Schilling 288-5473 Non-Comply

F ARDP Samantha Lovelady 288-5664 Done

G Development Review Paul Schilling 288-5473 Non-Comply

H Urban Design Paul Schilling 288-5473 N/A

H Community Redevelopment Paul Schilling 288-5473 N/A

I Property Management Colleen Holmes 288-5793 N/A

J Environmental Shawn McCarthy 288-5508 Comply

J Landscaping Karen Sjoholm 221-1317 N/A

K Transportation Stephanie Piche 223-4858 Non-Comply

L County Surveyor Michael O’Brien 288-5418 N/A

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 Comply

O Wellfields James Christ 320-3034 Comply

P Fire Prevention Doug Killane 288-5633 Comply

P Emergency Management Debra McCaughey 219-4941 N/A

Q ADA Judy Lamb 221-1396 N/A

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 On-going

T Adequate Public Facilities Paul Schilling 288-5473 Review Pending

D. Review Board action

This application meets the threshold requirements for processing as a major development. As such, a

review of this application is required by the Local Planning Agency (LPA) and final action by the Board

of County Commissioners (BCC). Both the LPA and the BCC meetings must be public hearings.

MARTIN COUNTY, FLA., LDR §10.1.B. (2016)

Pursuant to Section 10.1.F, LDR, 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.


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The applicant sought to address non-compliance findings from the initial staff report with its resubmittal

dated September 9, 2016. Both the initial staff report and resubmittal are incorporated herein by

reference.

The applicant is required to re-submit materials in response to the non-compliance findings within this

report. Upon receipt, the re-submitted materials will be transmitted for review to the appropriate review

agencies and individuals that participate in the County's review process. A revised staff report will be

created once the next review cycle has been completed.

Section 10.2.D.4. Land Development Regulations, Martin County, Fla., (2016) pertaining to review

cycles states,

4. Planned Unit Developments and Developments of Regional Impact shall be allowed three

(3) resubmittals without payment of a resubmittal fee. All other development applications

noted in Section 10.1.D are allowed a single resubmittal of application materials, without

payment of additional review fees. Up to two (2) additional submittals (hereinafter

referred to as "elective submittals") shall be allowed with payment of a resubmittal fee.

The resubmittal fee for elective submittals shall be established by resolution, taking into

consideration the non-substantial or substantial nature of the elective resubmittal and the

magnitude of the review required of any revised portion of the application. The applicant

shall have ninety (90) days from the issuance date of the report to resubmit. The County

Administrator may grant one (1) extension not to exceed 60 days upon a showing of good

cause.

If the applicant fails to meet the resubmittal deadline including any approved extension

period, the application shall be terminated, unless the applicant gives notice that an

elective resubmittal will be made. The elective resubmittal shall be made within 90 days

from the date the prior resubmittal was due, and shall include the resubmittal fee

established by resolution. All traffic studies, surveys and other documents that have

expired must be updated by the applicant.

The applicant's resubmittal may include a request that disputed items be transmitted to the

final decision maker for resolution.

E. Location and site information

On the west side of Federal Hwy (US 1) at the intersection of Mariner Sands Dr and Federal Hwy

between Port Salerno and Hobe Sound

Parcel number(s) and address:

31-38-42-000-014-0001.0-60000 No Address

31-38-42-000-014-0001.0-60000 6900 SE Federal Hwy

31-38-42-000-014-0001.0-60000 SE Federal Hwy

31-38-42-008-000-0000.1-80000 6860 SE Federal Hwy

31-38-42-008-000-0000.2-70000 SE Federal Hwy

31-38-42-008-000-0000.3-60000 SE Federal Hwy


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Existing Zoning: PUD-C, Planned Unit Development Commerical

Future land use: Commercial General

Commission district: 4

Municipal taxing district: C, South Central MSTU

Planning area: South County

Taxing district: C

Traffic analysis zone: 57

General features of the proposed development site:

Gross area of site: 20.28 acres

Upland Preserve Area 0.75 acres

Upland Buffer: 1.13 acres

Wetland Preserve: 0.90 acres

Current use: Phase 1 – Existing bank/office building, subdivision entrance and

portion of access tract on approximately 1.86 acres. Remainder of

subject property is vacant and undeveloped.

Adjacent existing or proposed development:

To the north: Developed as Mariner Village townhomes in accordance with the

COR-2 zoning district.

To the south: Vacant and designated for COR future land use

To the east: Federal Hwy (US 1)

To the west: Developed as Mariner Village single family subdivision


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LOCATION MAP


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AERIAL MAP


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ZONING MAP


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FUTURE LAND USE MAP


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PROPOSED REVISED MASTER SITE PLAN EXTRACT


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PROPOSED PHASING PLAN EXTRACT


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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, § 1.3

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

requirements - Growth Management Department

Unresolved Issues:

Item #1:

Master Site Plan

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

County, Fla. (2016)

1. Phase 4 (Lot 4) residential care facility on the Revised Master Plan and Phasing Plan is labeled

as a 94 bed facility. However, the parking requirements calculate the required parking with 108

beds and the Phasing Data lists 108 beds. Please revise accordingly.

Item #2:

Phasing Plan

A complete Phasing Plan is required as part of the application pursuant to Section 10.2.B.5, LDR,

Martin County, Fla. (2016)

1. The Phasing Plan does not graphically depict the Phasing Data. Provide phase lines that indicate

the areas to be constructed in each phase. For example, the existing lake and stormwater

treatment areas are located in Lot 4 which is proposed to be built in Phase 4; however, the

Phasing Data lists the lake and treatment areas in Phase 2. The phasing plan view should be a

graphical representation of the phasing data. Please revise accordingly.

2. Each Phase should be self-sufficient. Include the required supportive infrastructure and

graphically represent what will be constructed in each phase.

Item #2:

PUD Zoning Amendment

Additional revisions to the proposed Fifth Amendment to the PUD Zoning Agreement may be required.

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

– Community Development Department

Commercial Design


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N/A

The applicant has indicated that there is no construction proposed as part of this application. Therefore,

the Commercial Design reviewer was not required to review this application. A review will be required

as part of the future final site plan applications for Phases 2, 3, and 4. MARTIN COUNTY, FLA., LDR

§4.871.B.2

Community Redevelopment Area

N/A

The applicant has indicated that 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, Division 6

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

Department

N/A

The Engineering Department was not required to review this application for consistency with the Martin

County Codes for property management requirements of the Land Development Regulations.

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

Management Department

Environmental

Findings of Compliance:

The Growth Management Department Environmental Division staff has reviewed the application and

finds it in compliance with the applicable Land Development Regulations. The proposed Master Site

Plan shows the existing onsite wetland with the required fifty foot wetland buffer. In addition, the plan

provides for twenty-five percent of common upland habitat to be set aside in accordance with Martin

County code. The upland preserve is shown along the south end of the property.

Since this application is a request for Master Site approval, a Preserve Area Management Plan (PAMP)

has not been provided, but will be required prior to Final Site Plan approval. A jurisdictional wetland

determination approved by the South Florida Water Management District will also be required at time of

Final Site Plan approval. Any change to the wetland jurisdictional line must be reflected on all county

approved site plans.

Landscape

This project application is a N/A for landscaping. No landscape plans are being reviewed in association

with this application for Revised PUD Zoning Agreement and Master Site plan. Landscape plans will be

submitted and reviewed at time of Final Site Plan Review. It appears that areas provided on the Master

Plan will provide for required landscape areas.


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K. Determination of compliance with transportation requirements - Engineering Department

Unresolved Issues:

Item #1:

Traffic Impact

1. The number of beds utilized for both Land Use 254 and Land Use 620 must be consistent with

the PUD Timetable, Revised Master Plan and Revised Phasing Plan.

2. Buildout year must be consistent with Narrative and Phasing Plan (2024)

3. Table 1: Revise Generalized Service Capacity for SE Cove Road (SR-5 to CR-A1A) for

consistency with latest LOS Report. MARTIN COUNTY, FLA., LDR §5.64.C.5 (2009)

4. A worst case preliminary review that excludes internal capture has performed by staff and has

indicated that the exclusion of internal capture will not negatively affect the Level of Service in

the Build Out Year.

5. Exhibit 3 shows no west bound right turning movements. Provide count collection data.

6. A seasonal factor of 0.88 must be used for the collection date of 3/10/15.

7. Signal timing cannot be adjusted to mitigate impacts.

L. Determination of compliance with county surveyor - Engineering Department

N/A

The Engineering Department was not required to review this application for consistency with the Martin

County Codes for survey requirements contained in Article 4 of the Land Development Regulations.

MARTIN COUNTY, FLA., LDR §10.1.F

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

- Engineering Department

Unresolved Issues:

Item #1:

Rights Of Way Improvements

Remove the southern right-in right-out service driveway. The access at that location does not meet the

separation requirements between the middle driveway and eliminates the ability for the property to the

south to meet the separation requirements. MARTIN COUNTY, FLA., LDR § 4.845.B.3 (2001)

Item #2:

Off-Street Parking

1. The north residential care facility on the Revised Master Plan and Revised Phasing Plan is

labeled as a 94 bed facility; however the parking requirements calculates the required parking

with 108 beds and the Phasing Data lists 108 beds.

2. Provide the building square footage for both residential care facilities to demonstrate loading

spaces are adequate. MARTIN COUNTY, FLA., LDR § 4.626.B.4 (2009)

3. Crosswalks markings do not meet Martin County Standard Detail R-120C. Revise the mid-block

crosswalks to be consistent with the detail. MARTIN COUNTY FLA STANDARD DETAILS


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R-120C (2015)

4. Sidewalks should not end at a vehicle travel way promoting pedestrians to cross without a

crosswalk. Provide a crosswalk for the western side of the sidewalk at the entrance to the drop

off area for the southern Residential Care Facility.

5. Provide pavement markings and signage directing motorists entering and exiting the covered

drop off areas for both residential care facilities.

Item #3:

Consistency With Other Plans

1. As previously indicated, the scale on the Phasing Plan is incorrect. It seems the drawing was

printed at a 60-foot scale. The scale was changed for the Master Plan to address the comment in

the previous staff report; however, the scale was not corrected on the Phasing Plan.

2. The Phasing Plan does not graphically depict the Phasing Data. Provide phase lines that indicate

the areas to be constructed in each phase. For example, the existing lake and stormwater

treatment areas are located in Lot 4 which is proposed to be built in Phase 4; however, the

Phasing Data lists the lake and treatment areas in Phase 2. The phasing plan view should be a

graphical representation of the phasing data.

3. Show Phasing limits on the Site Improvement Plans. Each Phase should be self-sufficient.

Include the required supportive infrastructure and graphically represent what will be constructed

in each phase. Staff suggests considering how / when the final outfall will be constructed. Per

the Conceptual Stormwater Drainage Plan, the outfall structures and pipes are located in Lot 3B;

however, Lot 3B is in Phase 3.

Item #4:

Stormwater Mgmt Concept Plan

As previously stated, the proposed lake modifications on the Revised Master and Phasing Plan may not

be within 50 feet of any property line as measured from the edge of water to the property line. The

existing lake location may remain as it was constructed as previously approved; however, any

modification to the lake that shifts the edge of water closer to the property line is not permitted. The 50

feet requirement must be met from the north property line.

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 on this site plan meet all street naming requirements in Section 4.767., Land

Development Regulations, Martin County, Fla.

Electronic File Submittal


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The Information Services Department staff has reviewed the electronic file submittal and finds it in

compliance with the applicable county requirements Section 10.2.B.5., Land Development Regulations,

Martin County, Fla.

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.

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.

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.

Approval for Master.

Additional Information:

Information #1:

Martin County Code of Laws and Ordinances, Section 79.121, adopts NFPA 1 and NFPA 101 as the

county's fire prevention code. The Code is to prescribe minimum requirements necessary to establish a

reasonable level of fire and life safety and property protection from the hazards created by fire,

explosion, and dangerous conditions. This is in accordance with Chapter 633, F.S. All construction,

including, but not limited to, fire sprinklers, fire alarms and fire suppression systems, shall be subject to

these codes. All documents including specifications and hydraulic calculations are required at the time

of the application for a building permit for the property that is the subject of this application for site plan

approval.

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

Services Department


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The proposed revisions to the approved master site plan, phasing plan and PUD agreement do not

involve any areas that are anticipated to affect ADA requirements, which are applied at final site plan

review. Approval of this application will not result in any inconsistencies with requirements of Title III

of the Americans with Disabilities Act.

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

Board

Martin County Health Department N/A

The applicant has indicated that no construction is proposed and there are no proposed 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 §10.1.F

Martin County School Board

N/A

The applicant has indicated that this application is for non-residential uses only. Therefore the Martin

County School Board was not required to review this application for school concurrency evaluation.

MARTIN COUNTY, FLA., LDR §10.1.F

S. Determination of compliance with legal requirements - County Attorney's Office

Review On-going.

T. Determination of compliance with the adequate public facilities requirements - responsible

departments

Pending

U. Post-approval requirements

Approval of the development order is conditioned upon the applicant’s submittal of all required

documents, executed where appropriate, to the Growth Management Department (GMD), including

unpaid fees, within sixty (60) days of the final action granting approval.

Item #1:

Post Approval Requirements List: After approval the applicant will receive a letter and a Post Approval

Requirements List that identifies the documents and fees required. The applicant will return the Post

Approval Requirements List along with the required documents in a packet with the documents arranged

in the order shown on the list.

Item #2:

Post Approval Fees: The applicant is required to pay all remaining fees when submitting the post

approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the

development order. Checks should be made payable to Martin County Board of County Commissioners.


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Item #3:

Recording Costs: The applicant is responsible for all recording costs. The Growth Management

Department will calculate the recording costs and contact the applicant with the payment amount

required. Checks should be made payable to the Martin County Clerk of Court.

Item #4:

Six (6) copies 24" x 36"of the approved revised master site plan (Exhibit D).

Item #5:

Original approved revised master site plan on Mylar or other plastic, stable material.

Item #6:

Six (6) copies 24" x 36"of the approved phasing plan (Exhibit D-1).

Item #7:

Original approved phasing plan on Mylar or other plastic, stable material.

Item #8:

One (1) digital copy of master site plan in AutoCAD 2006 or 2007 drawing format (.dwg). The digital

version of the site plan must match the hardcopy version as submitted.

Item #9:

Original and one (1) copy of the executed approved Fifth Amendment to the PUD Zoning Agreement

V. Local, State, and Federal Permits

All the applicable Local, State and Federal Permits have been issued.

W. Fees

Public advertising fees for the development order will be determined and billed subsequent to the public

hearing. Fees for this application are calculated as follows:

Fee type: Fee amount: Fee payment: Balance:

Application review fees: $13,800.00 $13,800.00 $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.


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X. General application information

Applicant: Ribbon Ventures, LLC

Rita M. Wilson

P. O. Box 418

Boynton Beach, FL 33435

Agent: Lucido & Associates

Morris A. Crady, AICP

701 East Ocean Blvd

Stuart, FL 34994

772-220-2100

Contract

Purchaser: KPF Capital, LLC

151 Kalmus Drive, A-203

Costa Mesa, CA 92626

Attorney: Michael J. McNicholas, McCarthy, Summers Et Al

2400 SE Federal Hwy., 4th Floor

Stuart, FL 34994

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

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