The URL can be used to link to this page

Home My WebLink About23-143 - Majestic Bay RESOLUTION 2023-143 File No. MJSP-2212-000017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR ADJUSTMENT TO THE MAJESTIC BAY MAJOR SITE PLAN AND THE ASSOCIATED CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2 FOR THE TWENTY-FOUR (24) UNIT, THREE-STORY MULTI-FAMILY CONDOMINIUM PROJECT, 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, has made the following determinations: 1. Richard Ladyko, PE, of Ladyko Design Group, presented a Major Site Plan Adjustment, with a concurrent adjustment to the existing Category I Wetland Waiver, to expand the building footprint for twenty-four (24) by 3ft. each, integrate an amenity center inclusive of a 1,600 sq. ft. gym / storage building, 1,200 sq. ft. social room, and 800 sq. ft. pool and a modified pile-supported bridge design for pedestrian, golf cart and emergency vehicle access to the amenity center, for the project known as Majestic Bay, within HIRD (Hutchinson Island Residential District) Zoning located at 10251 S. Ocean Drive in Jensen Beach, approximately one (1) mile north of the Martin County border, as legally described in Part B and depicted on the attached map as Exhibit "A". 2. On May 17, 2022, the Board of County Commissioners approved Resolution 2022-89, granting a Major Site Plan and a concurrent Category I Wetland Waiver to develop a twenty-four (24), 3-story multi-family condominium project, with a boardwalk leading out to a twelve (12)-slip boat dock within the Indian River Lagoon with associated parking, drainage, and utility infrastructure on the subject property. 3. On September 5, 2023, this Board held a public meeting on this petition. 3. The Development Review Committee has reviewed the Major Site Plan Adjustment and associated Wetland Waiver revision 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. Resolution No. 2023-143 CLERK OF 7HE CIRCUIT COURT M J S P-2212-000017 MICHELLE R-MILLER, Page 1 s NT LUCIE COUNTY 2671 Da:Type RESO FILE# 5252289 10l GE 02662 254:55 PM OR BOOK 5054 85 0 RECORDING: 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 Adjustment (MJSP-2212-000017) & Wetland Waiver Modification dated August 25, 2023. 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. 6. The proposed Major Site Plan Adjustment, 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, as amended, 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 Adjusted Site Plan is hereby approved as shown on the drawing prepared by Ladyko Design Group, LLC, dated August 10, 2023, and date stamped by the Planning & Development Services Department on August 10, 2023, for the property described in Part "B" below, subject to the following conditions: Planning Department: 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 per dwelling unit, including the required road impact fee (where greater than the base RIF). All twenty-nine (24) 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 Site Plan Adjustment (Atlantis III by The Sea), complying with applicable land development code and Comprehensive Plan policies, and shall demonstrate safe pedestrian access. Resolution No. 2023-143 MJSP-2212-000017 Page 2 4. The final building design shall comply with the maximum 35ft. height limit (LDC 2.00.00. — Definitions). Environmental Resources Department: 5. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, provide applicable documentation (i.e., permits, jurisdictional determinations, no permit required [NPR], etc.) from all outside agencies, including U.S. Army Corps of Engineers (ACOE), as the wetland is jurisdictional to both state (SFWMD) and federal agencies. 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. 6. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, provide documentation from SFWMD supporting any proposed development impacts to the existing conservation easement deeded to SFWMD. 7. Provide all applicable surveys for listed species and any additional supporting 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. 8. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, address the following inconsistencies between the site plan, landscape plan, boundary survey, and other supporting documents (i.e., ensure all labeling, pavement, sidewalks, deck impacts, etc.), as all plans and supporting documents shall be consistent: a. On the site plan, depict and call out the landscape buffers along the northern and southern perimeters per LDC 7.09.04.B, as well as the underground and overhead utility buffers to ensure adequate space for the landscaping and it will not interfere or conflict with these services. b. On the landscape plan, depict and call out the landscape buffers per LDC 7.09.04.A & LDC 7.09.04.B, as well as the underground and overhead utility buffers to ensure adequate space for the landscaping and it will not interfere or conflict with these services. c. The 12 ft-wide permeable paver section and bridge shall be for use by pedestrians, golf carts and emergency vehicles only, and shall not contain organic turf. The Homeowners Association shall prevent use by passenger vehicles. d. Clarify the discrepancies between the wetland conservation easement recorded in OR Book 2843, Page 2474, which is documented as 6.66 acres in size, and the submitted plans documents. For example, the boundary survey lists it as 5.62 acres in size, the current site plan, landscape plan, and EIR lists it as 5.63 acres. 9. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, provide a Resolution No. 2023-143 MJSP-2212-000017 Page 3 typical of the piling bridge section so that staff can review for potential impacts, including but not limited to minimum land width and length of the bridge, call out location of bridge abutment, type of material, pedestrian track/deck, MHWL, spacing of pilings, etc. 10. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, listed species surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 11. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) to include all onsite preserves, (i.e., wetlands and their associated buffers, shoreline buffer along the Indian River Lagoon, etc.) in favor of St. Lucie County, with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. 12. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the developers, 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. 13. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 14. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant shall include the following information within the recorded Homeowners Association documents: a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas per Comprehensive Plan Policy 6.1.8.5. b. Restrictions on any traversing of passenger vehicles other than golf carts and emergency vehicles to the onsite amenities. c. References to the Preserve Area Management Plan (PAMMP) d. Disclosure regarding the COBRA zone designation for this property, as applicable. 15. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. Resolution No. 2023-143 MJSP-2212-000017 Page 4 Public Works Department: 16. Any required adjustments may result in Site Plan modification and associated process for such approval. B. 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, 35 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 Northerly along said Easterly shoreline of the Indian River to the intersection 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 '/2 of Government Lot 5 of Section 2, 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. Parcel ID#: 4502-801-0011-0002 C. This Major Site Plan Adjustment 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 Adjustment 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, Resolution No. 2023-143 MJSP-2212-000017 Page 5 South Florida Water Management District, the St. Lucie County Fire 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 B. 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 and shall remain valid for the term of this resolution unless otherwise modified or revoked in accordance with applicable law. 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. 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: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE Resolution No. 2023-143 MJSP-2212-000017 Page 6 PASSED AND DULY ADOPTED this 5th day of September, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA B CHAIR ATTEST: APPROVED AS TO FORM AND ORRECTNESS: DEPUTY CLERK N41Y COM�, COUNTY ATTOy N Y o03, Ci UNTY,FLOW) Resolution No. 2023-143 MJSP-2212-000017 Page 7 Exhibit "A" Location Map Majestic Bay Location I 7 c : E w Resolution No. 2023-143 MJSP-2212-000017 Page 8 iF.':'•'''' ...-.. ----.=•...r.:::.--.f..NW.L.L...N VilT11...IS,J..d...I - I 4i UM Iiii . . ...14...ii-P, _ fiiii Lei _L.,..•In,.M.... -• . ''''''.-.. An a ibl71 -....-...1 7 n. -..-.. SKU.Wil;MAIM.]!.1310Na 1.111-1.11.7 11'LI 1,1 .1.9.12 714 49., ..t..14'......Ytet,.9P.4.ifn': ......4.1114.1. V.44,144-ilAr l'irt',:— VI =.. ..•aerietti.VVI--,\ - -- •.er r r. -. -..-..— .-.—. •-•-v.,...F-#..4,... --..........r- ,--.-z--. ...i- -‘,-.., --/- -1- -.2- ....41-...-:-..z.v_.70:,..7,-77-"2--.111 ! -,..4 . P. •trhattl............ ....,, Nill..141.4ZIS AU 'I.Vilki Zikii-E ............;=,-...t.:-...V.....a..2,1:2.q...r.'.. 1,,,;0,..,::\.„,rx f Salt;-mar eiannirillat --- ,' \ '..---• .1.-T.... ,....r.: ---- .. -_ .. ....- i::'. i...:,:; I i '''''''--- \ '7' . ••••,. -- __ ._ •=.-__AVY a-XL. • M lir4, Ls -;n71.—,i I I I .4 :,aNi 1r-k.. ---—---• ', i 1 ,1 i, ..... ,‘ \\‘-' '''‘'''''',..'i,::,''''''''..'s.''' 1 \- 1 c•D cr-• .‘ ,,,,. mai, 13 p: ....._.- .- \4\.:.,4.2 - ---• --..... . . ___---1, - r4.;:;„... rto•wif.,-,...,__.....---", _ -• ...,, WU•2•igei"NOE ....,, -\-.., ‘.....''',' ,,r. r, • 11,..\.„ k -, ---- - , ,...,‹ . --,_......- . ., '''''C''.;-_-:'"•:'' i = CO — —. ....-.=%.....- ........ ,7.----=.2—=?.....E. \ „ s.‘ ,. \ •.7.474::-.: — ..2r. - nir \''':;.4t, V. -'_lit.,3.:?..V.,\-1,. \ 1 . ..-- — -.., , ,,r, i 1-. r" r•A‘ 1.4•1:-'-iiii —.• 1=4,:t'-' A„ ,, ..- A., • f:',;\ /_.1 ., .st" 17.- ' , ..............__ ..... .2,s,..., .. ,,,,..,. k-ck, --- 4.; \ 4-..--47-• •_ — — i.vr.i ..q.us , dYft.401.1N301 alas e • ij 1 ''.0 '\•-• i.,.,„,i,•„: 1 ,,,,,,,,y, zr...rve' '--.,it,;:-.1. 7.::-..,""c•-.-:`,--.2.T..". (1) 1 \ .•,•,11:,\':,..A L.:lt,„-, aralonanamo E „,........„,.. .......n... or,. I.API (i) 0 ....t...t..................s.rfir.r.r.3."41.44 sauna 6.411.11: I MO n) r\D , c) 7 0) ND OD c) C.,) co o , CD 0 -- 4-, (D --4 co a Exhibit "C" Certificate of Capacity St Lode County Certificate o1Cnpa*eiiy Date 64104:021 CA/theater No. 3167 This document certifies that concrtrranty will be met and that adequate public facility capacity casts to maintain the standards for ionic of service se adopted In the St Lucie County Comprehensive Plan for; 1.Typo of development Major Sits plan Number at units 24 Number r,f square foot 2.Property legal description& Tax ID no. 1A:51 S.Ocean Drihc M i esiic Day 3 Approve$ Building Resolution No. M 249 L.edter 4.SubjcCtto tholollawinD conditions forconeurroner 5talkjsct to 18 Conditions a3 Cerualard in RESOLUTION 202249 ° rnars nano atitella LLC Address 79O 4 h Stuart.Ssire 900 St-Menhir; f]. )3)2 6.Matthaei.Expiration Date May 17.2024 This Certificate of Capacity Is transferable only to subsequent owners of the same parcel,end Is subject to the Game term.,conditions and expiration date listed heroin, • The expiratlthl date can be extended only under the sew Were and conditions as the underlying development crderissuod with this certificate.or forsubsoquent development older( -[sa hfor the saxtte property,use and'Ica as:described heroin. a srd C1L a/Lean Phienino and Deniaprn t Services Director St LUCID County,Florida Vridry,her le,NM Resolution No. 2023-143 MJSP-2212-000017 Page 10