HomeMy WebLinkAbout04-091
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 255134102/04/2005 at 03:24 PM
OR BOOK 2153 PAGE 1536 - 1543 Doc Type: REsO
RECORDING: $69.50
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RESOLUTION 04-091
FILE NO.: MJSP-03-023
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN AS
KITTERMAN WOODS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. KMJ Apartments, LLC, throuqh aqent Culpepper & Terpeninq, Inc., has applied for
major site plan approval for the multiple-family residential project to be known as
Kitterman Woods consisting of 396-units in 17 buildings for property located on the
south side of Kitterman Woods, approximately 600 feet east of South U.S. Highway
NO.1 and at the southwest corner of the intersection of Kitterman Road and Lennard
road in the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for the
property described in Part B.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet minimum technical requirements of the St. Lucie County
Land Development Code and to be consistent with the future land use maps from
the St. Lucie County Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
6. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
7. The proposed project will be served by adequate public facilities and services.
8. The applicant has applied for and received a revised certificate of capacity, a copy of
which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie
FileNo.:MJSP-03-023
July 27,2004
Resolution 04-091
Page 1
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County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site
plan for the project known as Kitterman Woods, is hereby approved as shown on the site plan
drawings for the project prepared by Culpepper & Terpening, Inc., dated June 14,2004, and
date stamped received by the St. Lucie County Growth Management Director on June 14, 2004,
for the property described below, subject to the following conditions
1. Prior to the issuance of the first Building Permit for the proposed project, the
petitioner, his successors or assigns, shall convey to St. Lucie County, in manner
and form acceptable to the St. Lucie County Attorney, right-of-way for the future
widening of Kitterman Road. Said right-of-way dedication shall consist of the
north 20 feet of the subject property. To the extent permitted under the County's
Code and Compiled Laws, any such dedication may be considered eligible for
Road Impact Fee Credits.
2. Prior to the issuance of the first Building Permit for the proposed project, the
petitioner, his successors or assigns, shall convey to St. Lucie County, in manner
and form acceptable to the St. Lucie County Attorney, right-of-way for the future
widening of Lennard Road. Said right-of-way dedication shall consist of the north
east feet of the subject property. To the extent permitted under the County's
Code and Compiled Laws, any such dedication may be considered eligible for
Road Impact Fee Credits.
B. The property on which this Major Site Plan is being granted is described as follows:
LOT 6, BLOCK 4, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP
36, RANGE 40, LESS AND EXCEPT THE WEST 30 FEET, THE NORTH 15 FEET, AND
RIGHT-OF-WAY S FOR DRAINAGE CANALS, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA. AND,
TRACTS 1, 2, 3, 4, 5,11,12,13,14, AND 15 OF BLOCK 4 OF MODEL LAND COMPANY'S
SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 41 OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED
PARCELS ONE THROUGH EIGHT, INCLUSIVE:
PARCEL ONE: THE EAST 20 FEET OF THE WEST 50 FEET OF THE TRACT 11, BLOCK 4,
SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
FileNo.:MJSP-03-023
July 27,2004
Resolution 04-091
Page 2
1 PARCEL TWO: THAT PORTION OF THE EAST 82 FEET OF SECTION 15, TOWNSHIP 36
2 SOUTH, RANGE 40 EAST WHICH LIES WITHIN TRACT 5, BLOCK 4, IN SAID SECTION AND
3 ALSO WHICH LIES TO THE SOUTH OF THE NORTH LINE OF TRACT 15, PROJECTED
4 EASTERLY TO THE EAST SECTION LINE OF SAID SECTION 15, AND TO THE NORTH OF
5 THE SOUTH LINE OF SAID TRACT 15, PROJECTED EASTERLY TO THE EAST LINE OF
6 SAID SECTION 15.
7
8 PARCEL THREE: THAT PORTION OF THE EAST 55 FEET OF SECTION 15, TOWNSHIP 36
9 SOUTH, RANGE 40 EAST WHICH LIES WITHIN TRACTS 1 AND 2, BLOCK 4 IN SAID
10 SECTION 15 AND ALSO WHICH LIES SOUTH OF THE EAST Y4 SECTION CORNER ON THE
11 EAST LINE OF SAID SECTION 15 AND WHICH LIES TO THE NORTH OF THE SOUTH
12 BOUNDARY OF SAID TRACT 21N SAID SECTION 15, PROJECTED EASTERLY TO THE
13 EAST LINE OF SAID SECTION 15.
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15 PARCEL FOUR: THAT PORTION OF THE SOUTH 85 FEET OF SECTION 15, TOWNSHIP 36
16 SOUTH, RANGE 40 EAST WHICH LIES WITHIN TRACTS 11,12,13, AND 140F BLOCK40F
17 SAID SECTION AND WHICH LIES TO THE WEST OF THE EAST LINE OF SAID TRACT 14,
18 PROJECTED SOUTHERLY TO THE SOUTH LINE OF SAID SECTION 15 AT WHICH LIES
19 EAST OF THE WEST LINE OF SAID TRACT 11, PROJECTED SOUTHERLY TO THE SOUTH
20 LINE OF SAID SECTION 15.
21
22 PARCEL FIVE: A PARCEL OF LAND LYING IN TRACTS 2, 3,14, AND 15 OF BLOCK 4 OF
23 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE
24 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 41
25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING
26 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
27
28 BEGIN AT A POINT ON THE SOUTH LINE OF SAID TRACT 15 AND 82.00 FEET WEST OF
29 THE EAST LINE OF SAID SECTION 15; THENCE, RUN NORTH 89°56'04" WEST ALONG
30 THE SOUTH LINE OF TRACT 15 A DISTANCE OF 577.49 FEET TO THE SOUTHWEST
31 CORNER OF TRACT 15; THENCE, RUN NORTH 00°08'09" EAST ALONG THE WEST LINE
32 OF TRACT 15 A DISTANCE OF 185.39 FEET; THENCE, DEPART SAID WEST LINE OF
33 TRACT 15 AND RUN NORTH 89°56'00" WEST PARALLEL WITH AND 845 FEET NORTH OF
34 THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 138.00 FEET; THENCE, RUN
35 NORTH 00°11'01" EAST PARALLEL WITH AND 797.64 FEET WEST OF THE EAST LINE OF
36 SAID SECTION 15 A DISTANCE OF 1,084.20 FEET; THENCE, RUN SOUTH 89°48'59" EAST
37 A DISTANCE OF 670.87 FEET TO A POINT ON A CURVE AND THE PROPOSED WESTERLY
3 8 RIGHT-OF-WAY LINE OF LENNARD ROAD; THENCE, WITH A RADIAL LINE TO SAID POINT
39 BEARING SOUTH 88°27'03" WEST RUN SOUTHERLY ALONG THE ARC OF A CURVE
40 CONCAVE TO THE EAST HAVING A RADIUS OF 7,065.00 FEET AND A CENTRAL ANGLE
41 OF 04°56'59" AN ARC DISTANCE OF 610.33 FEET TO A POINT LYING 82.00 FEET WEST
42 OF THE EAST LINE OF SAID SECTION 5; THENCE, RUN SOUTH 00°11'01" WEST
43 PARALLEL WITH AND 82.00 FEET WEST OF THE EAST LINE OF SAID SECTION 15 A
44 DISTANCE OF 659.62 FEET TO THE POINT OF BEGINNING.
45
46 PARCEL SIX: ALL THAT PORTION OF TRACTS 11, 12, 13, AND 14 OF BLOCK 4 OF
47 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RAND
48 40 EAST ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 41
49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN THE SOUTH
FileNo.: MJSP-03-023
July 27, 2004
Resolution 04-091
Page 3
1 845 FEET OF SAID SECTION 15, LESS AND EXCEPT THE WEST 50 FEET OF TRACT 11
2 AND THAT PORTION OF THE SOUTH 85 FEET OF SAID SECTION 15 WHICH LIES WITHIN
3 SAID TRACTS 11, 12, 13, AND 14 AND WHICH LIES TO THE WEST OF THE EAST LINE OF
4 SAID TRACT 14, PROJECTED SOUTHERLY TO THE SOUTH LINE OF SECTION 14 AND
5 WHICH LIES EAST OF THE WEST LINE OF SAID TRACT 11, PROJECTED SOUTHERLY TO
6 THE SOUTH LINE OF SAID SECTION 15. THE ABOVE DESCRIBED PARCEL CONTAINS
7 22.13 ACRES, MORE OR LESS.
8
9 PARCEL SEVEN: A PARCEL OF LAND LYING IN TRACTS 13 AND 14 OF BLOCK 4 OF
10 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE
11 40 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
12 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING
13 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
14
15 COMMENCE AT A POINT ON THE SOUTH LINE OF TRACT 15 OF SAID BLOCK4AND82.00
16 FEET WEST OF THE EAST LINE OF SAID SECTION 15; THENCE, RUN NORTH 89°56'04"
17 WEST ALONG THE SOUTH LINE OF TRACT 15 A DISTANCE OF 577.49 FEET TO THE
18 SOUTHWEST CORNER OF TRACT 15; THENCE, RUN NORTH 00°08'09" EAST ALONG THE
19 WEST LINE OF TRACT 15 A DISTANCE OF 185.39 FEET; THENCE, DEPART SAID WEST
20 LINE OF TRACT 15 AND RUN NORTH 89°56'00° WEST PARALLEL WITH AND 845 FEET
21 NORTH OF THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 138.00 FEET TO THE
22 POINT OF BEGINNING AT THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE
23 NORTH 89°56'00" WEST PARALLEL WITH AND 845 FEET NORTH OF THE SOUTH LINE OF
24 SAID SECTION 15 A DISTANCE OF 443.00 FEET; THENCE, NORTH 45°07'31" EAST A
2 5 DISTANCE OF 627.14 FEET; THENCE, RUN SOUTH 00°11'01" WEST PARALLEL WITH AND
2 6 797.64 FEET WEST OF THE EAST LINE OF SAID SECTION 15 A DISTANCE OF 443.00 FEET
27 TO THE POINT OF BEGINNING.
28
29 PARCEL EIGHT: A PORTION OF LOTS 11 AND 12, BLOCK 4 OF MODEL LAND
30 COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
31 BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING
32 IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA,
33 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
34
35 COMMENCE AT A FOUND 4" CONCRETE MONUMENT MARKING AT THE SOUTHEAST
36 CORNER OF THE SOUTHEAST % OF SAID SECTION 15; THENCE, SOUTH 89°46'23" WEST
37 ALONG THE SOUTH LINE OF SAID SOUTHEAST % A DISTANCE OF 1,927.39 FEET;
38 THENCE, NORTH 001" WEST A DISTANCE OF 85.00 FEET TO THE POINT OF
39 INTERSECTION OF THE NORTHERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE
40 NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 28, AND THE
41 EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE FLORIDA DEPARTMENT OF
42 TRANSPORTATION NEW CANAL; THENCE, CONTINUE NORTH 001" WEST ALONG SAID
4 3 EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE NEW CANAL, A DISTANCE
44 OF 760.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE NORTH 00°14'49"
45 WEST ALONG SAID EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE A DISTANCE OF
46 473.95 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 11; THENCE, NORTH
47 89°_" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 11 AND 12, A DISTANCE OF
48 485.00 FEET; THENCE, SOUTH 00°14'49" EAST A DISTANCE OF 474.00 FEET; THENCE,
49 SOUTH 89°46'23" WEST A DISTANCE OF 485.00 FEET TO A POINT ON SAID EASTERLY
FileNo.:MJSP-03-023
July 27,2004
Resolution 04-091
Page 4
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EXISTING CANAL RIGHT-OF-WAY LINE FOR THE NEW CANAL AND THE POINT OF
BEGINNING.
SAID DESCRIBED PARCELS CONTAIN 51.838 ACRES, MORE OR LESS.
(TAX ID#: 3415-501-0058-000/2)
(Location:
South side of Kitterman Road, approximately 600 feet east of South U.S.
Highway No.1 and at the southwest corner of the intersection of Kitterman
Road and Lennard Road.)
C. The approvals and authorizations granted by this Resolution for the purpose of obtaining
building permits on this property, shall expire on July 27, 2006, unless the developer has
obtained building permits for the site plan described in Part A or an extension has been granted
in accordance with Section 11.02.06, St. Lucie County Land Development Code.
D. The Final Site Plan approval granted under this resolution is specifically conditioned to
the requirement that the petitioner, KMJ Apartments, LLC, including any successors in interest,
shall obtain all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to; the United
States Army Corps of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part B.
E. A copy of this resolution shall be attached to the site plan drawings described in Part A,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as
this order. If this order expires or otherwise terminates, the certificate of capacity shall
automatically terminate.
G. A copy of this Order shall be mailed, return receipt requested to the developer and agent
of record as identified on the site plan applications.
H. A copy of this Order shall be attached to the site plan drawings described in Section A,
which plan shall be on file with the St. Lucie County Growth Management Director.
I. This Order shall be recorded in the Public Records of St. Lucie County.
FileNo.: MJSP-03-023
July 27, 2004
Resolution 04-091
Page 5
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After motion and second, the vote on this resolution was as follows:
Chairman Paula A. Lewis
AYE
Vice-Chairman John D. Bruhn
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Doug Coward
AYE
Commissioner Cliff Barnes
AYE
PASSED AND DULY ADOPTED this 2ih Day of July 2004.
BOARD OF COUNTY COMMISSIONERS._.._,,,.,
ST. LUCIE COUNTY, FL~Rì~.t<Ç~;)~~.>x Q")
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BY
ATTEST:
APPROVED AS TO FORM
AND CORR TNESS:
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FileNo.:MJSP-03-023
July 27, 2004
Resolution 04-091
Page 6
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Exhibit A
Certificate of Capacity
FileNo.:MJSP-03-023
July 27, 2004
Resolution 04-091
Page 7
St Lucie County
Certificate of Capacity
Date 7/27/2004 Certificate No. 1702
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Major Site Plan
Number of units 396
Number of square feet
2. Property legal description & Tax ID no.
3415-501-0058-000/2
S side Kitterman Rd, 600 ft E of S US 1
Kitterman Woods
3. Approval: Building
Resolution No. 04-091
Letter
4. Subject to the following conditions for concurrency:
See Resolution
Owner's name
KMJ Apartments, LLC
Address
7440 South Federal Highway
Port St. Lucie FL 34952
6. Certificate Expiration Date 7/27/2006
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development or (s) ssu r the same property, use and size as described herein.
Date: 7/27/2004
Signed
Growt Management Director
St Lucie County, Florida