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Video-1: youtube.com/watch?v=bDznXaC7OQY

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Okay, good evening. Welcome to the LPA meeting for July 16th. Um, I think we're going to start out with our attorney giving us a lesson. >> Less of a lesson and more an admission

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of guilt. Um, item number three on tonight's agenda being the amendment to chapter 155 was mistakenly included. um this being uh an amendment to a general ordinance only requires one public hearing. So that will be at the board of

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county commissioners. So apologize for that um mistake and you will not be hearing a presentation from staff tonight on that item. >> Good. I was wondering it was a little thin. Where's the detail here? >> Well, we had all the detail. I read it

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and I'm just sorry I did now. [laughter] >> Okay. Can I get a motion to approve the minutes, please? >> I make a motion to approve the minutes. >> Can I get a second? I'll >> second it. >> All in favor? >> I I >> We had no minutes to approve. >> Okay. [laughter]

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>> Oh, that's Yeah, it's there, but we have no minutes. Okay. I apologize. We approve nothing. >> I revoke my [laughter] take. >> All right. Uh first item of business is NPH1 Paradise Lake PUD zoning agreement

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including a revised master final site plan. This is quasi judicial. Have you any exparte communication? >> I have no expert sir. >> I have not. >> Joe. >> No sir. >> No. And I have none. Okay. Do we have any interveners?

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>> No interveners. >> No interveners. All right. All right. Can all the parties who are going to testify rise and be sworn in? I count one, two, three, four, five.

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>> Okay. Please raise your right hand. Do you swear or affirm the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? [cough] >> Okay, you're on.

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Thank you, Mr. chairman. Good evening, members of the board. My name is Luis Aguilar, principal planner for the growth management department. A copy my work history has been filed with the clerk. I'm presenting a request from Heisenberg Family Financial Investments

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LLC to revise a previously approved but now expired master and final site plan for an approximately 72 acres property. Included with this application is a request for a certificate of public

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facilities reservation. The proposed development includes 11 single family lots on approximately 72 acres resulting in a gross density of 15 units per acre which is below the 0.5

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units per acre density allow by the rural density future land use. The proposed includes the dedication of approximately 1.40 40 acres of railway to Martin County along the south side of

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Southeast 138th Street as a condition of approval of the Paradise Lake master final site plan. The plan provides 94% open space, 32.38

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acres of freshwater wetland and 10 acres of restored wetland. all protected under the preserve area management plan which includes removal or of invasive species and restoration efforts.

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The subject site is located south of Southeast 138th Street approximately a quarter mile west of Southeast Kitchen Creek Road within the secondary urban service district.

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This is an enlarged area of the site. The property is undeveloped. The zoning district is already pod residential and has a rural density land use designation. This is the proposed master and final

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site plan. Access to the site is from s East 138th Street which is over here. Key features include an upland preserved,

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a 30 foot wide far defensive space all over the properties. A 70 foot wide upland buffer which is this one here. and a three mitigation area which is

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this one [clears throat] over here. The BO County Commissioners approved the Paradise Lake POD project on March 16, 2010. However, the applicant did not obtain final site plan and plot approval within the required time frame. As a

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result, the development rights in the original POD agreement have expired. The proposed project originally approved for 12 lots on 72.40 acres have been reduced to 11 lots on 70.99 acres to

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preserve specimen oak trees and maintain native upland habitat. >> [clears throat] >> The project will provide 94% open space and 32.38 acres of wetland preserve. The

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site's maximum density is 27 units while the project proposes 11 units resulting in 15 units per acre. An existing recorded flow through drainage ement lies in the eastern

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portion of the site as part of the 2010 PUD agreement. The proposed beauty benefits include increasing the upland preserve area by 2.54 acres from 14.84

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to 17.38 acres. Increase side and rear building setbacks from 30 to 35 ft. Provide 57 acres of native tree protection area that will be retained in

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existing native vegetation. The applicant agrees to prohibit guest houses on the lots and to donate $1,000 per unit, $11,000 total, to the Martin County Community Land Trust.

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As a reference, this is the QD benefit and justification statement from the 2010 application. [snorts] And this one here is uh the 2010 master plan.

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As you can see uh we had at the time 12 lots. [snorts] Development review staff have found the polarized lake application to comply with all applicable regulations and the comprehensive growth management plan as detailed in the staff report.

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Staff recommend approving the PUD signing agreement including the master and final site plan. And this concludes my presentation. The applicant is here and has prepared presentation as well and is ready to answer any questions. >> Okay. Does any do you have any questions for Mr. Aguilar?

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>> I have one quick question. So, if we approve this, then this means that there can be no further changes down the road that this these 11 sites are going to be the only ones developed on that property forever. >> Yes. Correct. >> Okay. >> Rick, any questions? >> No. No, sir.

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>> Mr. Moore, >> um the easement that was um part of the agreement that is going to be given for drainage to Martin County, was that part of the original uh 2010 PUD agreement? >> It was correct.

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>> It was. So this is not a new negotiated benefit to the county. >> Correct. >> So it's the less one law. I'm just I'm just curious what is what are the benefits in the beauty agreement for the county?

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>> So as I said before the the benefits um will be the increase in upland preserve by 2.54 acres. uh the >> the $11,000 >> the $11,000 and and the setbacks uh from

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30 to 35 ft and 57 acres of native tree protection area. >> Okay. Thank you. >> Mr. Brown and I have no questions. Mr. Troublemaker. [laughter] >> Okay. For the record, my name is Morris

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Krady. I'm senior partner with Associates >> and I do have the proof of notice to surrounding property owners. And I do have a brief presentation and I'll get, you know, go in a little more detail on the background, but [clears throat] you can leave it on that.

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[clears throat] Gotcha. Okay. Yeah. Before I get in into the background, I'm here on behalf of the Heisenberg Family Trust and particularly Michael Heisenberg who is the the father, the patriarch of the family and he wasn't able to attend the meeting tonight. I am

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here with Pat Lacanti, our civil engineer, and my partner Brian Nolan, who helped process the application. But Michael wanted me, he's he's on vacation, but he didn't want to miss this opportunity to at least read this into the record. So, let me do that verbatim real quick. My name is Michael

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Heisenberg. My wife Jamie and I have lived in Martin County for more than 30 years, where we raised our three children and now enjoy time with our five grandchildren. We love this place, its waters, wildlife, and community spirit, and spend much of our free time boating, fishing, hunting, and cheering

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on local sports. Our family businesses develop, manufacture, and install storm storm protection products for Martin County and the Treasure Coast. The name of the company is Expert Shutters. We [clears throat] currently employ over 100 people and are growing. Service is important to us. I served more than a

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decade on the board of the American Red Cross, the Martin County chapter, and our family provides monthly support to 15 local nonprofits, including Hibiscus Children's Center, Hope Center for Autism, House of Hope, and Habitat for Humanity. For the past 12 years, we've

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also hosted annual ROC camping events at at this property and for Martin County, and also for Jensen Beach High School programs. We are now relocating from Jensen Beach where they've been living for the past 30 years to Hope Sound. And the purpose of this application is to create a family compound that preserves

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our roots and allows our children and and grandchildren to remain part of Martin County for generations to come. So that was his goal 20 years ago, believe it or not, when when I first met with him. He purchased the property in 2006 and we submitted after doing some

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analysis we submitted the first application uh for a master site plan uh PUB application in 2008. It was approved as as Luis mentioned in 2010 and then uh the the dedicated uh

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rightway was was provided to the county in 2011 and then the bubble burst and we hit the big recession, the great recession and so nothing really happened and and eventually the PUD timetable expired in 2021 and he approached me in

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probably 2022 and said you know he's ready his his business has been growing and he's ready to do this deal right now. He's ready to start construction. So, we actually prepared not only the master site plan, but we also have final site plan and landscape plans here tonight. So, uh

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he's ready to hopefully get this approved and start work as soon as possible. So, this is just the overall of the project location, but I wanted to point out uh the Martin County STA, which is the Kitchen Creek Restoration Area, and that was built just to the

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norththeast of the site. Caddy corner and the the public drainage easement was provided at that time and I'll I'll I'll show you the exact location in a moment. Uh but the the the key element of this site is that it's adjacent to Jonathan Dickinson State Park and that's that

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that kind of drove how we developed the plan and how the county reapproved this project the second goound. And you can see on the current aerial that the site is heavily forested and most of those trees are oak trees that that that they managed and grew over the past 20 years

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that he owned the property. He he has managed the upland very well from exotic vegetation. The wetlands need some work and that's his next task under the preserve area management plan is to is to manage the upland. But you can see this site has looked like this for this is 1986 Ariel. I went all the way back

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to 1980 and this this feature has [cough and clears throat] been here for that long and uh the previous access to the site or to this little island they created years ago was to the uh the west and that's what was through a wetland that we're actually going to restore.

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So, the access will continue to be from the center of Southwest 138th Street. And uh and you can and you can see what 20 years of managed growth will do. And and and and we're all those trees and everything that was back then that have

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grown we now have to mitigate for and and we're doing that as part of the site development plan which has led to less development area. U so this is this is the rendering of the plan. I'll go into more detail, but the key element here is that the nearest lot now is 920 ft from

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Jonathan Dickinson State Park. So, we have a 920 ft buffer, a preserve area. And that used to be a lot. That was a lot, you know, on the previous plan. But that's one of the areas where large oak trees were were there back in uh 2010

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and and it's grown nicely. And so, the staff was very keyed on that area. and it also creates uh a wildlife corridor between those two wetland systems of upland habitat. So that was important to the staff. But and again this is the

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plan that was approved in 2010 and you can see on this is a this is a different orientation. North is to the to the right of the screen and Jonathan Jonathan Dickinson State Park is to the left of the screen. You can see the the lot and the road that was eliminated

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there to uh to to accommodate the new plan and to protect those trees. Um and this is a 2010 aerial. So you can see when they when they bought the the property um there's been a tremendous amount of growth uh of oaks and you can see at the end there uh the oaks and and

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the habitat that the county and uh we have agreed to preserve as part of this development plan. This also shows uh approximately 7 acres of area that had been impacted by the previous development on the site. This this this feature out here and it was it's been used for as a camp retreat, hunting

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retreat. That's kind of what it's been over the past 50 60 years. And this is the plan rendered. And you can see the the the uh there's a lot of green space. You know, the lots are green, too, but we we've we've reduced the development footprint significantly

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uh when all is said and done. And there is a feature out by 138th Street that Michael wanted to to put out there. And it's going to be looking like a like a miniature cracker house, and it's going to be, you know, where they can receive deliveries and mail and also store

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equipment on the property. But but the the idea is that would be, you know, a nice uh appropriate feature. Um, and this these are wetlands of special concern. So, one of the requirements is that instead of a 50-ft buffer, we provide a 75 ft buffer, which we've done

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throughout the site. And this is actually a rendering of some of the trees that we're planting. We are uh having to to to mitigate the the oaks of a certain size that are in the development footprint. Um so the the data you know we have almost

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half of the property 32 acres is wetland and all of that is being preserved plus we're we're restoring it the the previous access 54% of the property or about 38 acres is the upland area and of that amount about 31 acres is upland

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habitat but just doing the density based on the maximum density with density transfer because the density is one unit per two acres for the upland area and one unit per four acres for the wetland areas if you want to transfer density out of the out of the wetlands. Now,

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we're not doing that, but just for comparison, we did do the calculations and that's how you get the 27 units. If we if we do the density without density or yeah, the maximum density without density transfer, it would be 19 units. And again, we're only doing 11 units,

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which is 40% of the maximum density. So of that upland area 31 acres is is upland habitat. Uh the required preserve under a normal application is 77.91 acres but the preserve within the buffer

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exceeds that. That's 12.84 acres. But on top of that and again this is the the minimum buffer required. We're providing almost 5 acres of upland preserve in expanded buffer areas and in the other areas that that I I showed you. And

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that's when compared to a byite project. One of the things staff wanted us to do was evaluate the project under the under a byite application. The property is rule density. So we had the option of not doing a PUD just coming in as an administrative application under the

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RE2A zoning district. And that would allow two acre lots on the property. And we did a development plan that shows essentially we could get eight lots under this development scenario. And the minimum preserve would be the the 14.84

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acres in this scenario. Um and and we would that would be allowed under code. Uh but on this scenario, we could also do guest houses. We could do two septic tanks. We could do one for the guest house and one for the principal house. And that was one of the things that we

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agreed not to do in the in the in the current plan. So under this scenario, we could get eight 2acre lots compared to the 11 1acre lots that we're proposing, but we also looked at a different scenario where we would be hauling in field to the property. So in this scenario, we could get nine lots under

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by right zoning, but we we wouldn't have the lakes. We would have to haul in fill, which is which is which is an additional cost. But you know the point being we can get 8 to nine 2acre lots under by right re2a zoning compared to what we're asking for which is 11 1 acre

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lots and this is our our actual footprint and the in the element here is the 17.95 acres of preserve area and the I think the the minimum development footprint that we can come up with of 20.66 66 acres and then that's that

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created this this site plan. So, under uh public benefits, we've already provided the perpetual flow through drainage easement. Hopefully, the county can take advantage of that with the Kitchen Creek restoration project. We have to go in there and clean out the exotics and it's it's going to be

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hundreds of thousands of dollars of work over the time, but all that work has to be done as part of the PAMP. Uh when compared to straight zoning, we're we're we're proposing almost five acres of upland preserve, but that includes um restored areas and the tree protection

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area that we're that we're that we're proposing and the mitigation area for the trees. And uh we're agreeing to prohibit guest houses and any accessory dwelling units. We're trying to keep the it's a principal residence with one septic tank on each lot. And uh we're

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agreeing to the thousand contribution to the Martin County Community Land Trust. And uh our major benefit is the reduced lot size from two acres to one acre. Uh which would which is basically we're gaining, you know, two to three extra lots as a PUB in exchange for the public

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benefits that we're providing. And we would hope that you think that's a fair and and equal trade and and support the project as we move forward to the county commission. This is the plan that you actually have before you in black and white form if you want to discuss any details of that.

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>> Okay. >> Any questions? Jim. >> Um, >> it's quite all my people >> because of your proximity to Jonathan Dickinson um and and their requirements for fire um as part of their their sort

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of um management plan. Is there is there any effort to combine your efforts with theirs? >> Well, you know, we have the the Firewise program is really a 30foot defensible space residences. Yeah. Right. But I'm thinking about the the southern piece of

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that property. >> If you look at the map, there's a there's a house right on the property line just to the south or to the to the east of it. So, I I don't really manage that area by fire. It's too wet. And yeah, so we, you know, we don't we don't have a problem cooperating with them, but I don't think there's anything that

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we can we can provide. >> Right. >> I have a quick question. >> Well, Joe, Joe, wait, wait, wait. >> Not that I can think of very well. >> Okay, Joe, ask your question. >> Okay. I I saw in the presentation where you said it could be up to 27 units.

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Does that mean there's a possibility of adding new parcels? >> No, I think that's just a theoretical maximum density. it, you know, because you have to still if if we did that many units, we'd have to have enough upland property to put it on, you know, in the first place. And it's just it's not physically possible. Um, but that's the

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theoretical maximum density if you were calculating it under the county's comprehensive plan. But no, there's no way there'll be no further expansion. >> We're looking at 11 lots and he has no intention of of selling this project or otherwise increasing the density or doing anything other than making it a family compound.

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>> Thank you. [clears throat] >> I don't have any questions. I got a comment. And I don't know if any of you all have been down there to look at that site, but if you look at the melucas and peppers that are in there, just getting rid of the melucas and peppers. >> Yeah. >> Is a it's a great thing. And putting it under a pant where they have to do it

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continually. >> Yeah. It's perpetual. >> Cuz I don't know if anybody's tried to clear peppers and keep them down. >> I've done I've done several hundred acres and it's not an easy thing to do. you you can push them and burn them and then you you're going to spend 5 years

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spraying and keeping them beat back and melucas are a So if >> it's an annual event really it's not you know the when you stop maintaining them is that's when it becomes >> it just comes back well after about after about 5 years you you you can have them pretty well whipped but it's a

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continual so I mean I applaud what the man's doing just just to clean up because that easement >> if it's clogged up with Brazilian peppers and metalucas it's not going to drain very good right I mean it's going to hold water just as it I I I the

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project is what I I mean I really like Thank you, >> Mr. Brown. >> Yes, sir. >> Okay. I have no questions. I think it's a good project. So, okay. Is there any public comment? >> Can I make a motion?

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>> See no public comment. Back to the board. Can I get a motion? >> Make a motion to approve. >> Can I get a second? >> Second motion. >> Second. All in favor? >> I opposed. >> Passes unanimously. >> Thank you very much. Thank you very much.

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>> Thank you. >> Okay, ne take care. Next up, NPH2 Brew Horizons Reszoning D069002. >> This is also quasi judicial. Does anyone have any expartite communication?

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>> I have none. >> Do you have any, Rick? >> No, sir. >> Do you have any, Joe? Nope. >> You have and I do not either. Any interveners? >> No interveners. >> There are no interveners. Okay. All parties that are going to testify,

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please stand and be sworn in. I see one, two, three, four, five, six. >> Please raise your right hand. Do you swear or affirm the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? >> Thank you.

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>> Okay. [clears throat] All right, Mr. Aguilar, you're up. >> Thank you, Mr. Chairman. Again, good afternoon, members of the board. My name is Luis Aguilar, principal planner for the growth management department. A copy of my work history has been filed with the clerk. I'm presenting a resoning

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application for a property owned by Outback Real Estate LLC. The applicant is requesting a zoning change from the 16M1 Industrial District to the LI Limited Industrial District.

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The subject site is located at 3101 Southeast Federal Highway in Stewart, approximately 560 ft north of Southeast Indian Street and just south of Southeast Carnival Court.

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This is an enlarged area of the site. The property is built out and its current use is restaurant restaurant general. The future land use destination is industrial. The adjacent properties to

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the north, south, and east have industrial designation as well. The property west of the subject site has a commercial land use designation with the city of Stewart. The zoning district is M1 industrial

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district. The property is subject to two covenant agreements covenant 210 to limited industrial and covenant 182 to limited industrial. Therefore, this request to resone is considered

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mandatory per section 3.401B. The zoning district for the property to the west is POD commercial with the city of Stewart. The proposed res area is approximately 1.93 acres. There are three standard

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category A zoning districts available to implement the industrial land use policies of the comprehensive growth management plan which are LI limiting industrial GI general industrial and hi

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heavy industrial a new zoning is an additional option for applicants. The applicant is requesting to resone the property to the LI limited industrial district.

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For comparison purposes, the permitted uses for these suning districts are provided in detail on pages 2 through six of the staff report. And these are the development standards for the industrial districts.

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You can see um all the summoning districts for limited industrial you have the maximum [clears throat] building coverage 40%. Maximum height 30 and minimum open space is 20%.

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And these are the corresponding setbacks which are the same for every zoning district. And these are the conditions supporting the requested. >> You have to speak into I can't really hear you very well. >> Can you hear me now? >> Little better.

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>> Okay. >> We don't want softspoken people here. We don't want them loud and worse. >> You got it. >> All right. He just can't hear any support guy. [laughter] >> The old age coming out again, Tom. >> All right. These are the conditions

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supporting the requested limited industrial district. The limited industrial district is designed to minimize the potential for negative impacts on surrounding properties. The limited industrial district is the less intensive industrial district

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aligning well with the surrounding properties and zoning districts. The proposed zoning district and the industrial future land use destination align well with the character of the existing land uses in the adjacent and

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surrounding areas. Development review staff have found the Brew Horizons LLC resing application to comply with all applicable regulations and the comprehensive growth management plan as detailed in the staff report.

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Staff recommend approval to request to resone from M1 Industrial District to LI Limited Industrial District. And this concludes my presentation and the applicant is here to answer any questions.

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>> Rick, any questions? >> Nope. >> Joe. Nope. Um just just for clarity, the the biggest distinction between the limited industrial and the the next uh

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industrial category up is sale of retail um and also drive-thru. Correct. >> Correct. >> And so what we're doing by downzoning to a limited industrial is by

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permitting a drive-thru. That's that's one one of the uses that will be permitted on the limited industrial district which is a less intens less intensive >> I just wanted to put that on the record. >> Got it. >> Mr. Brown. >> No sir.

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>> I would appreciate it next time if you could put into your report what the differences are, what's allowed under these as you know another slide perhaps. I know you have it in >> I think in in the report we got we did have that. >> Yeah, I know. I mean for here so that

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the public could see what we're actually approving. If you don't mind, I would find that more helpful. >> We Paul Schilling, growth management director. For the record, we can try to refine our our uh report to reflect that. >> Yeah, >> I think if you just put the table with permitted us.

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>> Yeah, the table with permitted uses as part of the We have that in the staff report. >> I know. Okay. >> But it would be easier for us to have that. >> Yes, sir. >> Okay. If you don't mind. Thank you. >> Yes. >> Okay. Do we have do any other questions?

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No. Okay. Applicant, you're up. >> Good evening, commissioners. Darren Taylor, 119 South Monroe Street. Be make sure that I uh speak loud, but we uh we do support the uh staff recommendation. Uh I would add that the uh proposed uh

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resoning is also consistent with the existing covenants that are also included within the uh staff report as well which uh also stated the LI use as far as and I understand those covenants are still in effect as well. So commissioners any questions you have we

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have our team available to answer any questions. >> Rick, any questions? >> Sir, may I I'm sorry. I'm sorry. Just do you have an affidavit of the mailings or have you >> Oh, thank you. >> Uh I believe we do. Um

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>> so you'll turn those in on the record. >> Uh yes, sir. We will. >> Thank you. >> Okay, >> Rick. Any questions? >> This is mandatory. >> Yes, it is. Joe, any questions? >> Yeah, if it's if something's mandatory, why do we have to vote on it? [laughter] >> You told I've been saying that for a

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year. >> I mean, I I don't get that whole concept. Can you help me with that, Sebastian? >> Sure. Uh the code requires um action on the part of the board of county commissioners and a and a recommendation by the LPA for any time the zoning district is is changed. >> So if I say no, it doesn't matter. It's

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mandated anyway. Is that correct? >> No, >> not necessarily. >> You can say no, but it probably won't matter because I'll bet you there's at least three of us up here. >> It's also just a recommendation. So you're not going to >> they don't even bother with us actually. what you have to do.

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>> But if the county if if the county commission if the county commission says no >> and it's a mandatory there could be legal action that would would be really bad. So >> yeah, I'm still not clear on this whole mandated thing that happened a couple meetings ago, too. It was like it's

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mandated. Well, if it's mandated, we shouldn't have >> Half the work that you're going to do up here is going to be part of this mandatory reasoning. >> So, it's just the way it is. >> Any other questions, Mr. Brown? Yes, sir. >> Okay. I see there'll probably be no

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public comment and so it's back to the board. Can I get a motion? >> Make a motion to approve. >> Can I get a second? >> I'll second the motion. >> Okay, we have a motion. We have a second to appro to to recommend approval. All in favor? >> I

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>> I opposed. >> No. >> It passes 41 with Miss Nissam voting no. Thank you guys. I do request that when this gets to the planning stage that

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some sort of ingress egress be designed because that intersection >> is dangerous. >> Yeah. Uh Paul Schilling for the record uh duly noted however um there is an existing access there that has been there for

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decades and it facilitates the cross access u but the um the state of Florida the FDOT provides that access and and permits those changes if necessary. So but those will be duly noted a future

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site plan our team will will look at all that. It really is a very dangerous area. >> Can I ask a question? >> I have a question for you. Um, I don't think they took into consideration the fact when you add a drive-thru, then you're talking about long cues and stuff that completely changes the dynamic. Is

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there going to be a traffic impact study going forward on this? And when will we receive that information? >> Yeah, there's a couple yeses in that. One yes is there will be a traffic impact analysis that will be done by way by the future application. Um, I would point

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out also this was a full-ervice restaurant, uh, which is among the highest uses and impacts. Um, not not all that, um, different than a a bar. Uh, but however, there are code requirements to for the to address the

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queueing, uh, the the buffering and landscape requirements from the the vehicular use areas. So, all that would be studied um in the future application. Yes, certainly. >> Thank you. Thank you. >> Okay. >> Make a motion to adjourn.

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>> No, he has to talk first. [clears throat] >> Want a hearing? >> Just one more matter. Um, and I appreciate everyone being here this evening. >> So, uh, we do have an application that's been advertised for the August 6th. That'll be our next meeting. I was hoping to have full attendance at

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that meeting. I will probably be here. >> Thank you. >> I'll have to let you know in a second. Good Lord R willing and the creek don't rise. >> Thank you. I will be here president. >> I will not be here. Oh, wait. Maybe. Depends.

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Uh, if the planes are on time, I will be here. >> Thank you, sir. [clears throat] >> If the cabs load nicely, I'll be here. They don't load nicely, I won't be here. >> Thank you, sir. >> How's that? >> That's great. >> Do we have any other business for the LPA?

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>> Mr. Chairman, just a brief housekeeping item. If any of the members have not completed and turned in their form one financial disclosure, if you would please attend to that. Thank you. Roger that. >> Okay. Seeing nothing else, we are adjourned.