The URL can be used to link to this page

Home My WebLink About22-089MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5058736 06/21/2022 04:38:04 PM DR BOOK 4846 PAGE 810 - 819 Doc Type: RESO RECORDING: $86.50 RESOLUTION 2022-89 File No. MJSP-5202126033 & VW-5202126034 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN AND A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2 TO DEVELOP A TWENTY-FOUR (24) THREE-STORY MULTI -FAMILY CONDOMINIUM UNITS, FOR A PROJECT TO BE KNOWN MAJESTIC BAY, WITHIN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT ON 11.11 ACRES OF 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 findings in the staff report and traffic analysis review, has made the following determinations: 1. Richard Ladyko, PE, Ladyko Design Group, presented a Major Site Plan application with an concurrent Category I Wetland Waiver to develop a twenty- four (24), 3-story multi -family condominium units with a boardwalk leading out to a twelve (12)-slip boat dock within the Indian Rover Lagoon with associated parking, drainage, and utility infrastructure, within HIRD (Hutchinson Island Residential District) Zoning for the project to be known as Majestic Bay, located at 10251 S. Ocean Drive in Jensen Beach, approximately one (1) mile north of the Martin County border, as legally described in Paragraph B and depicted on the attached map as Exhibit "A". 2. On May 17, 2022, this Board held a public meeting on this petition. 3. The Development Review Committee has reviewed the Major Site Plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 4. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Majestic Bay Major Site Plan (MJSP- 4202126008) dated May 5, 2022. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. Resolution No. 2022-89 MJSP-5202126033 & VW-5202126034 Page 1 03714050.v 1 6. The proposed Major Site Plan, with conditions therein, 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. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Ladyko Design Group, LLC, dated March 29, 2022, and date stamped by the Planning & Development Services Department on April 4, 2022, for the property described in Part "B" below, subject to the following conditions. - Planning & Development Services: 1. Pursuant to LDC Section 3.01.03(AA), the first five (5) units of this project will be subject to the standard road impact fee for the type of proposed construction. The remaining nineteen (19) units will be subject to the Alternate Development Fee of $13,697. Dwelling units will be subject to all other required impact fees and any other fee or assessment that St. Lucie County May lawfully assess. 2. The proposed docking amenity shall be exclusively utilized as accessory to condominium unit owners within the subdivision. The elements of the dock shall not include auxiliary services of a marina, such as a fuel facility, sewage pump -out station, commercial land -to -water boat hoist, etc. 3. Utilization or Improvements for the eastern beach access amenity will require a Minor Site Plan Adjustment and shall demonstrate safe pedestrian access. 4. Staff has administrative authority to approve a minor change to delete one (1) guest parking space without applying for an amendment to the Major Site Plan. Any other deviations to the Major Site Plan are subject to an adjustment to the Land Development Code Section 11.02.02. Environmental Resources Department: 5. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, revise the Environmental Impact Report (EIR) to include the Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 2 03714050. v 1 corrected area values in the introduction of page 2, as there are still discrepancies between the EIR, site plan, and landscape plan, etc., including but not limited to wetland and associated wetland buffer acreage. Ensure all labeling, pavement, sidewalks, and deck impacts, etc. are also consistent. All plans and reports must be consistent with each other. 6. Prior to issuance of a Vegetation Removal Permit or Exception, whichever occurs first, clarify the discrepancies between the conservation easement recorded in OR Book 2843, Page 2474, which is documented as 6.66 acres in size, and the submitted documents. For example, the previous boundary survey listed it as 5.62 acres in size (no boundary survey was provided for the current submittal), the current site plan also lists it as 5.62 acres; however, the current landscape plan lists it as 6.21 acres, and the EIR doesn't provide for it at all. All plans and reports must be consistent with each other. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide a landscape plan addressing the following comments: a. Depict the north and south landscape buffers, as well as the underground and overhead utility buffers on all sheets of the landscape plan to ensure adequate space for the landscaping and it will not interfere or conflict with these services. b. Where adjacent to resident zoning (i.e., HIRD), describe the material (wood/vinyl/metal) used for the six (6) foot tall opaque fence/masonry wall or provide an illustration on the plans. c. Describe the material (concrete block/wood/vinyl/metal) being used for the four (4) foot wall along A1A on all applicable plans in compliance with Land Development Code, Section 7.09.04.A, as all plans shall be consistent. Provide an illustration on the plans if possible. d. Describe the material being used for the eight (8) foot wide multipurpose path on all applicable plans, especially where the path will traverse over Wetland A. Any proposed impacts to this section of Wetland A will need to be accounted for. All plans and reports must be consistent with each other. e. Ensure the L.S. (Lift Station) Easement will not be placed within the landscape buffer and that it will be appropriately screened from the adjacent property to the north per Land Development Code, Section 7.09.04. 8. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide applicable documentation (i.e., permits, jurisdictional determinations, etc.) from all outside agencies, including U.S. Resolution No. 2022-89 MJSP-5202126033 & vW-5202126034 Page 3 03714050M Army Corps of Engineers (ACOE), as the wetland is jurisdictional to both state (SFWMD) and federal agencies, and therefore, establishment of the jurisdictional limits both agencies are required. Per Comprehensive Plan Policy 6.1.4.15 the more stringent of the two lines will be applied, which may require a site plan adjustment. 9. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide documentation from South Florida Water Management District (SFWMD) supporting any proposed development impacts to the existing conservation easement deeded to SFWMD, as Environmental Resources Department (ERD) cannot authorize these impacts without agency approval. 10. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide the Universal Mitigation Assessment Method (UMAM) scores to offset wetland impacts to onsite wetlands within the EIR. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide documentation of payment to mitigation bank to offset wetland impacts to onsite wetlands, if applicable. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, provide all applicable documentation for the proposed dock, from outside agencies, including but not limited to Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of Environmental Protection (DEP), ACOE, SFWMD, etc. Additionally, the shoreline buffer shall be represented on all plans per Land Development Code, Section 6.02.02.C. 13. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, per Land Development Code, Section 6.02.01 provide all applicable documentation for all coastal development (e.g. proposed beach access), which shall include avoidance and minimization of impacts to the dune preservation zone and compliance with Land Development Code, Section 6.04.02, including submittal of a Sea Turtle Protection Plan (STPP). 14. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, listed species surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result these updated surveys appropriate permits from state and federal agencies shall be required. 15. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) to include all onsite wetlands and their associated buffers, as well as the shoreline Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 4 03714050.v1 buffer along the Indian Rover Lagoon, with an attached affidavit and cashier's check (payable to the Clerk of Court for recording fees) to the County Attorney. 16. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the applicant, or their successor or assigns, shall submit an erosion control plan and conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, to verify vegetation and preserve area protection measures have been installed. 17. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. Public Works Department: 18. Any required adjustments may result in site plan modifications and associated process for such approval. B. The property on which this Major Site Plan is being granted is described as follows.. Legal Description: A Parcel of land being a part of Parcel "H", F.E. Englar Survey Plat, according to the plat thereof, recorded in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida, more particularly described as: Start at the Northwest corner of Government Lot 1, Section 11, Township 37 South, Range 41 East, St. Lucie County, Florida; thence run North 89 degrees, 25 minutes, 00 seconds West, along the North line of said section 11, a distance of 176.8 feet to the Northeast corner of the aforesaid Parcel "H"; thence run South 21 degrees, 03 minutes, 00 seconds East along the easterly line of said Parcel "H", a distance of 168.71 feet to the POINT OF BEGINNING; thence continue to run South 21 degrees, 03 minutes, 00 seconds East along said Easterly line to the Southeast corner of said Parcel "H", a distance of 480.79 feet; thence run North 89 degrees, 35 minutes, 00 seconds West along the South Line of said Parcel "H" to the Easterly shoreline of the Indian River, a distance of 1,462.3 feet, more or less; thence meander with a line that bears North 89 degrees, 35 minutes, 00 seconds West from the Point of Beginning, a distance of 570 feet, more or less; thence run South 89 degrees, 35 minutes, 00 seconds East along lastly said line a distance of 1,003.61 feet, more or less, to the POINT OF BEGINNING; LESS HOWEVER, all roads rights of way. TOGETHER with an easement for the purpose of pedestrian access to the Atlantic Ocean over the South 5 feet of Tract "C" and "D", according to the survey of the South one-half (S Y2) of Government Lot 5 of Section 2, Township 37 South, Range 41 East and the North 605.23 feet of the Government Lots 1 and 2 of Section 11, Township 37 South, Range 41 East, as shown in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida. Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 5 03714050. v 1 Containing 11.112 acres, more or less. Parcel ID#: 4502-801-0011-0002 Address: 10251 S. Ocean Drive C. This Major Site Plan for Majestic Bay shall expire within twenty-four (24) months of the effective date of this order unless a building permit is issued, or an extension is granted in accordance with the provision of Land Development Code Section 11.02.06. D. The developer is advised as part of this Major Site Plan approval that the property owner(s), developer, etc. 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. E. The conditions set forth in Part "A" are an integral non -severable part of the Site Plan approval granted by this Resolution. If any condition set forth in Part "A" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Site Plan approval granted by this Resolution shall become null and void. 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 June 10, 2022. 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 Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 6 03714050.v1 I. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 17th day of May 2022. ATTEST: J444, - "'n 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNEaS: COUNTY ATTO, Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 7 03714050.v ] Exhibit "A" Location Map Bay 26033 Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 8 03714050.v 1 Exhibit "B" Site Plan Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 9 03714050.v1 Exhibit "C" Certificate of Capacity SI Lucie Couuty Certificate of C`aitacily Date h+liir 02_ Certificate No. 1187 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 Migw Site Plan Number of units 24 Number of square feet 2. Property legal description & Tax ID no. 4502-801-001I-W02 10'51 S. Ckcan Di4C Maieslic Day 3, Approval: Building Resolution No. 20:_1-89 Lester 4. Subject to the following conditions for concurrency: Subject to 18 Cundiliom as Contained in RESCILUTION 2021-81) Owner's name Cicitel➢a LLC Address 7901 4th Sirret N, Suite 360 St. I'ctcrsbura Fl. 33702 S, Certificate Expiration Date May 17, 2024 This Certificate Of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the some terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development arderissued with this certificate, or for subsequent development order($) issue for the same property, use and size as described herein, i Sicncd I..� r j ° ' �(t 4�_ - r �— U.tc: 6r110022 Planning and Developm t Services Director St Lucie County, Florida Friday„ Inns IU, 24112 Resolution No. 2022-89 MJSP-5202126033 & WV-5202126034 Page 10 03714050.v1