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Home My WebLink About20-044Resolution No. 2020-044 File No.: MJSP5201915523 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN CONSISTING OF 82 RESIDENTIAL UNITS FOR A PROJECT TO BE KNOWN AS ST. LUCIE GARDENS APARTMENTS ON A +/- 9.71-ACRE PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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. St. Lucie Gardens Apartments, LLC presented a petition for a Major Site Plan to be known as St. Lucie Gardens Apartments consisting of 81 residential dwelling units on 9.71 acres with amenities (swimming pool, office, mail kiosk) in St. Lucie County, Florida, for the property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On March 17, 2020, this Board held a public meeting on the petition. 3. The St. Lucie County Development Review Committee has reviewed the Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. 4. 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. 5. 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. 6. 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. 7. 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. 8. The proposed project will be served by Port St. Lucie Utilities for potable water and wastewater. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: MJSP-5201915523 FILE# 4693593 0410112020 08:58:21 AM lution No. 2020-044 DR BOOK 4403 PAGE 906 - 912 Doc Type: RESO Page 1 RECORDING: $61.00 A. The recitals set forth above are true and correct and expressly incorporated here within. B. The property on which the Major Site Plan is being granted is described as follows: LOT 13, BLOCK 1, MODEL LAND COMPANY SUBDIVISION, OF THE SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 10 FEET THEREOF CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1166, PAGE 2977, OF PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel ID No.: 3415-501-0016-000-6 Parcel Area: +/- 9.71 ACRES C. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan for the project known as St. Lucie Gardens Apartments is hereby approved as shown on the site plan drawings for the project prepared by Scott Montgomery, PE, dated February 5, 2020, and date stamped received by the St. Lucie County Planning & Development Services Department on February 7, 2020, as depicted on the attached Exhibit "B", subject to the following conditions: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, an updated tree mitigation plan shall be provided to the Environmental Resources Department for all impacted existing native trees meeting mitigation thresholds outlined in LDC 6.00.05(D). 2) Prior to issuance of a Vegetation Removal Permit or Exemption, updated species -specific surveys, including but not limited to gopher tortoises, per appropriate state and federal protocols. 3) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement over all onsite wetlands, along with the approved Preserve Area Monitoring and Management Plan (PAMMP), with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) Prior to issuance of a Development Permit (Site Work or Building Permit), the applicant shall finalize a school bus collection plan acceptable to the St. Lucie County School District. A bench and additional sidewalk link may be appropriate to provide safety for the selected option. 5) Prior to issuance of a Certificate of Occupancy, an eight (8) ft. opaque fence/masonry wall with accompanying landscaping per LDC 7.09.04(E) shall be provided along the entire west perimeter of the parcel, less a signed and File No.: MJSP-5201915523 Page 2 Resolution No. 2020-044 notarized administrative wall waiver submitted from the adjacent property owner, and the required subsequent landscaping per LDC 7.09.04(B). 1 6) Prior to issuance of a Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. 7) Prior to the issuance of a Certificate of Occupancy, the property owner(s), the developer, his successors or assigns, shall convey to St. Lucie County in a manner or form acceptable to the St. Lucie County Attorney, a ten (10) ft. strip of land totaling +/- 3,307.5 square feet of right-of-way along Kitterman Road (Parcel 3415-501-0016-000-6), as depicted on the project site plan. The required sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. D. The approvals and authorizations granted by this Resolution shall expire on March 17, 2022 unless a building permit is secured or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. E. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. F A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on March 17, 2020. G. A recorded 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 Planning & Development Services Department Director. H. This Resolution shall be recorded in the Public Records. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice Chair AYE File No.: MJSP-5201915523 Page 3 Resolution No. 2020-044 Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 17th day of March, 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA ATTEST: f DEPUTY K m a TY, 0 10O�`�'P APPROVED AS TO FORM AND CORRECTNESS/ — COUNTY A File No.: MJSP-5201915523 Resolution No. 2020-044 Page 4 Exhibit A Site Location Map File No.: MJSP-5201915523 Page 5 Resolution No. 2020-044 Exhibit B Site Plan s?f g �i 6 INN I' w�uv rose w �- i € aig a qA fr Q Tri .�1Is. It ' I 1o1m1HIM ti milliR $ ' ✓ R i g. Z�41 9 1-14 rIf Iffifib � �f gee Fxs � ■■■� Y iTH Mad -51111 Id / q aa- x 04 -ter a� �r AAAAA IMP AAA Cl rrrrr rrrrr r A�� ' i z qK meativzwwtwu�row. r eu�mrrouprmraumuct we $T. LUCE GARDENS APARTMENTS rwvRc�ruw o.r oT...�w b.e�anwa,m @01�II1II� i000v�m0000� o0a�0��m�m0� a� File No.: MJSP-5201915523 Page 6 Resolution No. 2020-044 I Exhibit C Certificate of Concurrency St Lucie ('ourty Certificate or( aparfl.% Date Cortif Icate No. This document certifies that concarrency will be met and that adequate public facility capacity exists to rrialritain the standards for levels of service as adopted in the St Lucile County Comprehensive Plan for! 1. Type of development mummer of units Number of square feet 2. Property legal description & Tax 10 no. 3. Approval. BUflCI1T1q Resolution No. 1, 1-1 Letter 4. Subject to the following conditions for conctirrericy: Owner's name I ! ilt, ,, ( I 1I Address G. Certificate Expiration Date 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 herel", The expiration date can be extended only Linder the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development ordpr(s) issued for the same property, use and size as described herein. 0 Planning and Development Services Director St Lticie County, Florida File No.: MJSP-5201915523 Page 7 Resolution No. 2020-044