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RESOLUTION 03-230
FILE NO,: MJSP-03-007
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A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN AS
KNOWN AS KEY WEST BAY
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. Greqq Wexler throuqh aqent Henry Kave. Esquire, has applied for major site plan
approval for the project to be known as Key West Bay consisting of 77 multiple-
family units in 11 buildings for property located on the south side of Weatherbee
Road, approximately 1,500 feet west of South U.S. Highway NO.1 and 1,000 feet
east of Oleander Avenue in the RM-11 (Residential, Multiple-Family - 11 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 minimally 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. The proposed project has taken steps to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening. The project has been determined to meet minimum
technical standards.
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.
FileNo.:MJSP-03-007
December 9, 2003
EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 268549908110/2005 at 02:03 PM
OR BOOK 2329 PAGE 776 - 782 Doc Type: RESO
RECORDING: $61,00
Resolution 03-230
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8. The applicant has applied for and received a certificate of capacity, a copy of which
is attached to this order as Exhibit A, as required under Chapter V, St. Lucie 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 Key West Bay, is hereby approved as shown on the site plan
drawings for the project prepared by Mosby & Associates, Inc., dated September 15, 2003, and
date stamped received by the St. Lucie County Community Development Director on September
15, 2003, for the property described below, subject to the following conditions:
1. Prior to issuance of the first Certificate of Occupancy for the proposed 77-unit
multiple-family project, the petitioner, his successors or assigns, shall convey to St.
Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the
north 10 feet of the parcel, for the future widening of Weatherbee Road. 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. Any road impact fee credits that may be collected from the developer shall be
directed toward the costs of the signalization of South U.S. Highway NO.1 and
Weatherbee Road.
3. The developer, his successors or assigns, shall coordinate with the St. Lucie County
Environmental Resources Division for the mitigation of the loss of trees on-site. All
remaining native trees measuring 2.5 inches Diameter at Breast Height (DBH) and
greater located on-site shall be preserved and counted to satisfy mitigation
requirements. The proposed plan removes 2,617 inches DBH, preserves 2,488
inches DBH, and plants 2,748 inches DBH. The required mitigation balance for the
project is, therefore, zero.
4. Prior to the issuance of a land clearing permit, the developer, his successors or
assigns, shall install protection barricades around each individual trees or groups of
trees including the entire outer perimeter of the 1.44 acre preserve area, to be
inspected by Environmental Resource Division staff. Exotic removal and planting of
the landscape buffers shall be completed prior to the issuance of a Certificate of
Occupancy for the final unit.
5. Within 60 days of Board of County Commission approval, the applicant, his
successors or assigns, shall provide a conservation easement to St. Lucie County
for the 1.44-acre preserve. Such easement shall be in perpetuity, in favor of St.
Lucie County, include a Habitat Management Plan, and provide for the long term
maintenance of the preserve area.
FileNo.: MJSP-03-007
December 9,2003
Resolution 03-230
Page 2
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6.
The developer, his successors or assigns, shall be responsible for maintaining and
managing the Preserve Area in its existing natural condition with the periodic
removal of invasive exotic vegetation and other activities as outlined in the
Management and Maintenance Plan. This effort shall be coordinated with and
inspected by the County's Environmental Resource Division.
7.
St. Lucie County shall enforce the provisions of the Habitat Management Plan.
Restoration of habitat and other remedies shall be required of any person or
corporation found in violation of any of the provisions of the Habitat Management
Plan or the St. Lucie County Land Development Code.
8.
Prior to the removal of any vegetation for the construction area of the site, the
applicant's representative shall identify any gopher tortoises located in the
proposed construction area. The applicant's representative shall provide the
Environmental Resource Division with a map clearly indicating any active or inactive
gopher tortoise burrows found on the site. Any gopher tortoises found shall be
relocated by the applicant's representative, in accordance with all state regulations
to the preserve area located on site. Under no circumstances shall the gopher
tortoises be subject to an incidental take permit.
9.
Any trees designated to be preserved that are damaged during construction
activities shall be mitigated for at a ration of 4:1.
10.
Burning of any kind shall be prohibited on the site. All vegetation removed from the
preserve area shall be done manually using such methods as hand pulling, hand
spading, cutting with hand or chain saws. Thinning techniques will be allowed to
remove understory fuel and to open ground cover. Thinning will only be allowed
using manual labor methods. No mechanical equipment will be allowed in the
Preserve Area. All dead or diseased plant material removed from the preserve area
will be disposed of using appropriate methods. No debris, including dead plants,
plant clippings, or wood scraps will be allowed in the Preserve Area.
11.
The developer, his successors or assigns, shall coordinate with the St. Lucie County
Engineering Division to improve the drainage ditch which extends southward from
Weatherbee Road. Said drainage ditch is located in the general vicinity of St. Lucie
County's cross drain beneath Weatherbee Road east of the subject property.
Improvements shall include, but not be limited to: vegetation removal, grading, and
sod. Positive drainage shall be achieved to the satisfaction of the County Engineer.
12.
Prior to the issuance of the first building permit, the applicant developer, his
successors or assigns, shall provide a minor site plan revision to St. Lucie County
Planning staff. Such revision shall relocate Buildings 4 and 5 in order to increase
the distance between Buildings 4 and 5 to meet the County's building setback
requirements. Such minor revision shall be processed at no charge to the applicant.
FileNo.:MJSP-03-007
December 9, 2003
Resolution 03-230
Page 3
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B. The property on which this Major Site Plan is being granted is described as follows:
SECTION 3, RANGE 36 SOUTH, RANGE 40 EAST. WHITE CITY SID, LOT 7.
(TAX ID #: 3403-502-0016-000/2)
(Location:
South side of Weatherbee Road, approximately 1,500 feet west of
South U.S. Highway No.1 and 1,00 feet east of Oleander Avenue)
C, The approvals and authorizations granted by this Resolution for the purpose of obtaining
building permits on this property and the approvals granted under the resolution shall remain
effective for the remaining validity period of the Key West Bay major site plan.
D. The Final Site Plan approval granted under this resolution is specifically conditioned to the
requirement that the petitioner, Gregg Wexler, 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 Community Development Director.
F. The revised 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 Community Development Director.
I. This Order shall be recorded in the Public Records of St. Lucie County.
FileNo.:MJSP-03-007
December 9,2003
Resolution 03-230
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After motion and second, the vote on this resolution was as follows:
Chairman Paula A. Lewis
Vice-Chairman John D. Bruhn
Commissioner Frannie Hutchinson
Commissioner Doug Coward
Commissioner Cliff Barnes
AYE
AYE
AYE
AYE
ABSENT
PASSED AND DULY ADOPTED This 9th Day of December 2003.
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BOARD OF COUNTY COMMISS~9N,'1i§]Y:f¡Çi~:¡,::
ST. LUCIE COUNTY, FLORIOÄ'r~~~;1'"
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FileNo.:MJSP-03-007
December 9, 2003
Resolution 03-230
Page 5
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Exhibit A
Certificate of Capacity
FileNo.:MJSP-03-007
December 9, 2003
Resolution 03-230
Page 6
St Lucie County
Certificate of Capacity
Date 5/21/2004 Certificate No. 1612
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 77
Number of square feet
2. Property legal description & Tax ID no.
3403-502-0016-000/2
South side of Weatherbee Rd, west of U.S. I
Key West Bay
3. Approval: Building
Resolution No. 03-230
Letter
4. Subject to the following conditions for concurrency:
Owner's name
Gregg Wexler
Address
1663 South Congress Avenue
West Plam Beach FL 33406
6. Certificate Expiration Date 12/9/2005
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 order(s) issued for the same property, use and size as described herein.
Signed J,J f~, b, j;,
Date: 12/9/2003
Growth Management Director
St Lucie County, Florida