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RESOLUTION 02-150
FILE NO.: MJSP-02-006
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN
AS MAJESTIC BAY SUBDIVISION IN THE HIRD
(HUTCHINSON ISLAND RESIDENTIAL
DISTRICT) ZONING DISTRICT FOR PROPERTY
LOCATED IN ST. LUClE 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:
Don Polletta, presented a petition for Major Site Plan Approval to allow a 13-1ot
residential subdivision to be known as Majestic Bay Subdivision on 11.37 acres of
land on the west side of State Road A-l-A, approximately 110 feet north of the
entrance to Baytree PUD Subdivision (Pepper Lane), in the HIRD (Hutchinson Island
Residential District) Zoning District for the property described in Part B below.
The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet all technical requirements and to be consistent with the
future land use maps of the St. Lucie County Comprehensive Plan, subject to certain
conditions set forth in Part A.
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.
With the conditions imposed pursuant to this Resolution, 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.
All reasonable steps have been taken to minimize any adverse effect on the proposed
project on the immediate vicinity through building design, site design including upland
and wetland buffers, landscaping and screening.
With the conditions imposed in Part A of this Resolution, 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.
Fort Pierce Utility Authority will provide water service to the proposed project and St.
Lucie County Utilities will provide sewer service to the proposed project.
The applicant has demonstrated that water supply, evacuation facilities and emergency
access are satisfactory to provide adequate fire protection.
File No.: MJSP-02-006
September 11,2002
Resolution 02-150
Page 1
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A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on September 11,2002.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site
plan for the project to be known as Majestic Bay Subdivision, is hereby approved as
depicted on the site plan drawings for the project prepared by Thomas Lucido and
Associates, dated 5/2/02, last revised 8/6/02, and date stamped received by the St.
Lucie County Community Development Director on September 9, 2002, for the property
described in Section B, subject to the following conditions:
Prior to the issuance of any Land Clearing Permits for the Majestic Bay Subdivision Site,
the developers shall clearly delineate all areas to be preserved and/or protected.
Delineation shall be by either the placing of silt fencing, safety fencing or similar type of
materials. Flagging shall not be used except to guide the installation of the fencing
materials. All land clearing activities shall be in accordance to the specific
conditions/standards outlined in the Land Clearing Permit.
The proposed wetland mitigation/preservation area depicted on the project site plan is
recognized as conceptual in nature and subject to Federal and State agency approval. If
any agency approvals are not obtained or if an alternative plan is found to be more
appropriate, the project mitigation plan depicted in the site plan submittal shall be
amended accordingly.
As part of the platting for this project, the developer shall establish through specific Plat
Dedications the area to be set aside for wetland preservation.
As part of the Platting of this property, all conservation easements and environmental
dedications shall include St. Lucie County as a signatory or entity that must approve any
release, in part or total, of any portion of any conservation easement or dedication.
As part of the Platting of this property, the strand of oak trees located along the eastern
property line adjacent to the project entrance shall be dedicated as upland preservation
and shall not be removed, altered or otherwise modified, except for routine maintenance.
These restrictions shall be set forth in the Final Plat Dedications.
No encroachments shall be permitted within the preserved wetland. This shall include
walkways, boardwalks or boat docks. If the developers desire in the future to install such
facilities they may only do so as a major adjustment to the site plan subject to approval by
the Board of County Commissioners.
Prior to the issuance of the first Certificate of Occupancy (CO) for the first structure, the
developer shall provide a concrete sidewalk, having a minimum width of five (5') feet,
along the west side of State Road A-l-A, from the northern project limits to the point of
connection with the sidewalk to the south.
The Majestic Bay Subdivision shall only be developed with Single-family residential units.
No duplex or multi-family units shall be permitted to be constructed within the project
boundaries.
File No.: MJSP-02-006 Resolution 02-150
September 11,2002 Page 2
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The property on which this Major Site Plan approval is being granted is described as
follows:
DESCRIPTION
Start at the Northwest corner of Government Lot 1, Section 11, Township 37 South, Range
41 East, St. Lucle county, Florida, thence run North 89°35, Wast 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 21003, 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 °03' East along said easterly
line to the southeast corner of said Parcel "H", s distance of 480.79 feet, thence run North
89035' West along the south line of said Parcel "H" to the easterly shore line of the Indian
River, a distance of 1462.3 feet, more or leee~, thence meander northerly along said easterly
shore line of the Indian River to the Intersection with a line that bears North 89°35' West
from the Point of Beginning, a distance of 57.0 feet, more or less, thence run South 89°35'
East, along lastly said line, a distance of 1003.61 feet, more or less, to the Point of
Beginning, less, however, all road rights-of-way. Together with all riparian and littoral rights
thereunto belonging or in anywise appertaining.
(Location:
West side of South State Road A-l-A, approxlmataly 110 feet north of the entrance to
Baytree PUD subdivision (Pepper Lane))
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining future site plan/building permit approvals and shall expire on September 11,
2004, unless the developer has obtained final plat approval for this subdivision and the
final record plat for this subdivision has been recorded in the land records of St. Lucie
County, or an extension has been granted in accordance with Section 11.02.06, St.
Lucie County Land Development Code. Once final plats for this development has been
recorded in the land records of the County, no further site plan extension will be required
provided that development activities in the subdivision proceed in manner consistent
with this approved site plan.
The Major Site Plan approval granted under this Resolution is specifically conditioned to
the requirement that the petitioner, Don Polletta, including any successors in interest,
shall obtain all necessary development permits and construction authorizations form the
appropriate State and Federal regulatory authorities, including but not limited to: the
United States Army Corp 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.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on September 11, 2002, which certificate shall
remain valid for the period of Site Plan approval. Should the Site Plan approval granted
by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of
the St. Lucie County Land Development Code, a new certificate of capacity shall be
required.
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.
File No.: MJSP-02-006 Resolution 02-150
September 11,2002 Page 3
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After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward AYE
Vice-Chairman Cliff Barnes AYE
Commissioner John Bruhn AYE
Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 11th day of September 2002.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
APPROVED AS TO FORM
AT~ECTNESSCoun~ A~or~
File No.: MJSP-02-006 Resolution 02-150
September 11,2002 Page 4
St Lucie County
Certificate of Capacity
Date 9/12/2002 Certificate No. 959
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 Sire Plan
Number of units 13 Number of square feet
2. Property legal description & Tax ID no.
4511-801-0011~000/2
110 FT. N OF BAYTREE SUBDIVISION
MAJESTIC BAY MAJESTIC BAY
3. Approval: Building Resolution No. 02-150 Letter 09/12/02
4. Subject to the following conditions for concurrency:
DEVELOPMENT OF A 13-LOT SINGLE-FAMILY RESIDENTIAL SUBD1VSION
Owner's name
DON POLETTA
Address
3660 NE 18TH TERRACE, STE. 206
POMPANO BEAC FL 33064
6. Certificate Expiration Date 9/10/2004
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 develo merit orderissued with this certificate, or for subsequent
development-qrde '(s) issued for the same property, use and size as described herein.
Signed ~/~ Date: 9/12/2002
Comm~' ~ Development\ Director
St Lucie Countv, Floridl~
Thursday, September 12, 2002 Page 1 of I