staff report banyan bay pud phase 2b pud final site plan · for consistency with this phase 2b...
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MARTIN COUNTY, FLORIDA
DEVELOPMENT REVIEW
STAFF REPORT
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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
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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
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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
Development Review Staff Report
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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
Development Review Staff Report
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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
To the west: N/A, South Fork St Lucie River
Figure 5: Zoning District Map
Development Review Staff Report
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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
To the west: N/A, South Fork St Lucie River
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.
Development Review Staff Report
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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
Development Review Staff Report
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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.,
Development Review Staff Report
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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.
Development Review Staff Report
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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,
Development Review Staff Report
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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.
Development Review Staff Report
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(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).
Development Review Staff Report
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Remedy/Suggestion/Clarification:
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.
Remedy/Suggestion/Clarification:
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.
Remedy/Suggestion/Clarification:
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:
Development Review Staff Report
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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.
Remedy/Suggestion/Clarification:
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.
Remedy/Suggestion/Clarification:
Add required notes.
Development Review Staff Report
Page 15 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)]
Development Review Staff Report
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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.
Development Review Staff Report
Page 17 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
Findings of Compliance:
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
Findings of Compliance:
The Information Services Department staff has reviewed the electronic file submittal and finds it in
compliance with the applicable county requirements.
Both AutoCAD site plan and boundary survey were received and found to be in compliance with
Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016)
Both AutoCAD site plan and boundary survey were in State Plane coordinates and found to be in
compliance with Section 10.2.B.5, Land Development Regulations, Martin County, Fla. (2016)
The AutoCAD boundary survey was received and found to be in compliance with Section 10.2.B.5,
Land Development Regulations, Martin County, Fla. (2016)
O. Determination of compliance with utilities requirements - Utilities Department
Water and Wastewater Service
Development Review Staff Report
Page 18 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
Findings of Compliance:
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
Findings of Compliance:
The Fire Prevention Bureau finds this submittal to be in compliance with the applicable provisions
governing construction and life safety standards. This occupancy shall comply with all applicable
provisions of governing codes whether implied or not in this review, in addition to all previous
requirements of prior reviews.
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
Development Review Staff Report
Page 19 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)
Remedy/Suggestion/Clarification:
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)
Remedy/Suggestion/Clarification:
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)
Remedy/Suggestion/Clarification:
5/22/2017 - Show width of accessible route from Open Deck and Covered Shelter to concrete sidewalk.
Item #4:
Development Review Staff Report
Page 20 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]
Remedy/Suggestion/Clarification:
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
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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
Source - Growth Management Department
Roads facilities
Findings - Comply
Source - Engineering Department
Reference - see Section K of this staff report
Public safety facilities
Findings – N/A
Source - Growth Management Department
Reference - see Section P of this staff report
Public school facilities
Findings – N/A
Source - Growth Management Department
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.
Development Review Staff Report
Page 22 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.
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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
Development Review Staff Report
Page 24 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
Development Review Staff Report
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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