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RESOLUTION 03-243
BCC No.: BCC-03-012
A RESOLUTION GRANTING A VARIANCE FROM SECTION
6.02.02(B)(2), SHORELINE PROTECTION, TO PERMIT THE
ENCROACHMENT OF A ROADWAY WITHIN 100 FEET OF THE
REQUIRED 300 FOOT SHORELINE SETBACK ZONE, THE
CONSTRUCTION OF THREE BUILDINGS WITHIN 30 FEET OF
THE REQUIRED 300 FOOT SHORELINE SETBACK ZONE AND
THE CONSTRUCTION OF ONSITE STORMWATER FACILITIES
WITHIN 50 FEET OF THE NORTHFORK/TEN MILE CREEK FOR
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
SOUTH 25TM STREET AND THE NORTHFORK OF THE ST.
LUCIE RIVER/TEN MILE CREEK
WHEREAS, the Board of County Commissioners of St.
testimony and evidence, including but not limited to the
determinations:
Lucie County, Florida, based on the
staff report, has made the following
Robert Smiegel, Centerline Homes, presented a petition for a variance from the provisions
of Section 6.02.02(B)(2), Shoreline Protection, to permit the encroachment of a roadway 100
feet of the required 300 foot shoreline setback zone, the construction of three buildings
within 30 feet of the 300 foot shoreline setback zone and the construction of onsite
stormwater management facilities within 50 feet of the shoreline of the Northfork/Ten Mile
Creek for property located at the southwest corner of South 25th Street and the Northfork of
the St. Lucie River/Ten Mile Creek, and more particularly described in Part A below.
On December 2, 2003, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property.
After consideration of the testimony presented during the October 7, 2003, public hearing,
including staff comments and the standards of review for granting variances set out in
Section 10.01.30, St. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
The variance requested arises from a condition that the particular
physical surroundings, the shape, or topographical condition of the
specific parcel of land involved, would result in unnecessary hardship for
the owner or developer, as distinguished from a mere inconvenience, if
the provisions of this Section are literally enforced, and the condition is
created by the regulations of this Section, and not by an action or actions
of the owner, developer or applicant;
File No.: BCC-03-012 '~~,4,, ~' (~ /8r-~- Resolution 03-243
December 2, 2003 "' '/- Page 1
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As indicated on the petitioner's site plan and variance application, the
requested variance is the minimum necessary to provide access and utilization
of the subject site. The configuration of the property is such that access to it
cannot be acquired without encroaching into the required 300-foot setback
zone
The granting of the variance will not impair or injure other property or
improvements in the neighborhood in which the subject parcel of land is
located;
The granting of the requested variance, in and of itself, has been determined
not to have an undue effect on adjacent properties. The purpose of this
variance request is to permit the property owner to have access his property
and allowing the stormwater area to be located in an impacted area on the site.
The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structures; and
The requested variance represents the minimum necessary to effectively
provide County required access to the southern portion of the petition property.
No matter the use of the property, whether it is single family or multi-family,
access to the site is restricted to this one location and, as a consequence, is
the minimum necessary required to meet County Codes and Standards.
As indicated in the attached graphic, the petitioner has submitted a
development plan that provides for the stabilization of the impacted shoreline
areas so that there will not be increased erosion or siltation from this site into
the lO-Mile Creek.
The variance desired will not be opposed to the general spirit and
intent of this ordinance or the St. Lucie County Comprehensive Plan.
The requested variance is not opposed to the general intent of the County's
Land Development Code and Comprehensive Plan. Although the general
standards of the County's Comprehensive Plan provide for the preservation
and protection of the County's coastal resources, and specific policies in the
Coastal Management, Conservation and Future Land Use Elements
reference the necessity to provide for a minimum 300 foot wide buffer along
the shoreline of the St. Lucie River, including its tributaries, there is also the
necessity to recognize that there are instances where the literal application of
these rules, without consideration to specific unique circumstances, could
result in a potential compensable taking situation and denial of property
rights and usage. Accordingly, in developing the implementing standards for
the general shoreline protection policies referenced above, the County has
included a process for the consideration of variances to these minimum
standards where it can be shown that no other reasonable alternative exists
in order to provide for reasonable use or access on, or to, a particular
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property. Noting the above referenced information, the requested variance
represents the minimum necessary, in this particular instance, to provide
access to the southern portion of the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
The petition for a Variance from the Provisions of Section 6.02.02(C)(1 ), St. Lucie County
Land Development Code, St. Lucie River minimum buffer requirement, submitted by
Centerline Homes is granted for the property described below, subject to the following
condition:
1.)
The area granted a shoreline setback variance is as generally depicted
in the attached Exhibit A. No other restricted use or encroachment
into the 300-foot shoreline setback may be permitted unless varied in
accord with the applicable standards of the County's Land
Development Code.
2.)
As part of the submission of any construction plans for any activity in
the area of authorized encroachment, full and complete mitigation/
restoration plans shall be required demonstrating compliance with all
applicable County and State standards for the areas impacted by
development activities.
3.)
As part of the site plan approval the applicant shall dedicate to the
County a 50-foot strip of land, immediately adjacent to 10-Mile Creek
that runs the entire length of the northern property line. Such
easement shall be utilized as part of the St. Lucie County Greenways
and Recreational Trail system.
The property on which this variance is granted is described as follows:
A PARCEL OF LAND LYING IN PART OF SECTION 29 AND 32, TOWNSHIP 35 SOUTH, RANGE
40 EAST, ST. LUClE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRINED AS
FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 32, RUN SOUTH 02o46'06'' WEST
ALONG THE SECTION LINE, 1458.58 FEET; THENCE RUN NORTH 87013'54., WEST 25 FEET
TO THE WEST RIGHT OF WAY LINE FOR HAWLEY ROAD FOR THE POINT OF BEGINNING;
THENCE RUN NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, (SAID
CURVE HAVING A CENTRAL ANGLE OF 90 DEGREES AND A RADIUS OF 266.55 FEET) A
DISTANCE OF 418.70 FEET; THENCE RUN NORTH 02046'06'' EAST, 175.96 FEET; THENCE
RUN NORTH 77017'28.' WEST, 537.78 FEET; THENCE RUN SOUTH 87°54'16.' WEST, 1225.8
FEET; THENCE RUN NORTH 00055'06'' EAST, 1188 FEET TO THE TOP OF THE SOUTH BANK
OF CANAL NO. 71; THENCE RUN SOUTHEASTERLY ALONG THE TOP OF THE BANK 2457
FEET TO THE WEST RIGHT OF WAY LINE FOR HAWLEY ROAD. THENCE RUN SOUTH
File No.: BCC-03-012 Resolution 03-243
December 2, 2003 Page 3
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02°46'06" WEST ALONG SAID RIGHT OF WAY LINE 584 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION THEREOF CONVEYED TO ST.
LUClE COUNTY, FLORIDA BY DEEDS RECORDED IN OFFICAL RECORDS BOOK 734, PAGE
2463 AND OFFICIAL RECORDS BOOK 735, PAGE 1629 OF THE PUBLIC RECORDS OF ST.
LUClE COUNTY, FLORIDA.
PARCEL 21
A STRIP OF LAND LYING IN THE NORTHEAST Y4 OF SECTION 32. TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUClE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHEAST Y4; THENCE NORTH
89055'42'' WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST lA, A DISTANCE OF 25.02
FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT OF WAY LINE OF
SOUTH 25TH STREET; THENCE NORTH 02°31'39" EAST, PARALLEL WITH THE EAST LINE
OF SAID SECTION 32 AS SET FORTH BY STATE ROAD DEPARTMENT RIGHT OF WAY MAP,
SECTION 94504-2605, A DISTANCE OF 1442.23 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE NORTH 02°31 '39" EAST, ALONG SAID WEST RIGHT OF WAY LINE OF
SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 32 AS SET
FORTH BY S.R.D., A DISTANCE OF 584.00 FEET TO THE TOP OF BANK OF TEN MILE
CREEK; THENCE NORTH 46°28'21" WEST, ALONG SAID TOP OF BANK, A DISTANCE OF
26.50 FEET TO A POINT ON A LINE 45.00 FEET WEST OF AND PARALLEL WITH SAID EAST
LINE OF SECTION 32 AS SET FORTH BY S.R.D.; THENCE SOUTH 02°31'39" WEST, ALONG
SAID LINE 45.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 32 AS
SET FORTH BY S.R.D., A DISTANCE OF 600.63 FEET TO THE INTERSECTION OF SAID LINE
45.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 32 AS SET FORTH
BY S.R.D. AND A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.55
FEET, A CHORD DISTANCE OF 20.01 FEET AND A CHORD BEARING OF SOUTH 85°19'15'.
EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04°18'11" SOUTHEASTERLY A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINS 42.07 ACRES MORE OR LESS.
Tax ID#: 2429-431-0060-000/5)
Location: West side of South 25th Street, directly across from Sweetwater Drive (southwest corner of
25t~ Street and the Northfork of St. Lucie River/Ten Nile Creek)
This variance will allow for the encroachment of a roadway within 100 feet of the required
300 foot shoreline setback zone, the construction of three units 30 feet into the required
300 foot shoreline setback zone and the construction of onsite stormwater management
facilities within 50 feet of the shoreline of the Northfork/-I'en Mile Creek for property located
at the southwest corner of South 25th Street and the Northfork of St. Lucie River/Ten Mile
Creek as depicted in the attached Exhibit A.
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining site plan/building permit approvals on this property, and shall expire on
December 2, 2004, unless the developer has obtained a site plan approval for the
proposed Shadow Oaks residential project consistent with the representations made as
part of this variance application. If site plan approval for the Shadow Oaks residential
File No.: BCC-03-012 Resolution 03-243
December 2, 2003 Page 4
122
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project has not been obtained by December 2, 2004, the approvals and authorizations
granted by this resolution shall expire and become void. If site plan approval for the
Shadow Oaks residential project has been successfully obtained by December 2, 2004,
the variances granted through resolution shall remain in force and effect as long as the
development orders for the Shadow Oaks Residential project remain in effect.
After motion and second, the vote on this resolution was as follows:
Chairman Paula Lewis
Vice-Chairman John Bruhn
Commissioner Frannie Hutchinson
Commissioner Doug Coward
Commissioner Cliff Barnes
AYE
ABSENT
AYE
AYE
AYE
PASSED AND DULY ADOPTED This 2nd Day of December, 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA-,
ATTESTs:
D~;~utyClerk - ~' ~'~
DJ M/cs
H:projects\shadow oaks\shoreline variance\R03243
BY
APPROVED AS TO FORM'
AND CORRECTNESS:
File No.: BCC-03-012 Resolution 03-243
December 2, 2003 Page 5
Zon'
Robert Smiegel
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BCC 03-012
~"~~~2 This pattern indicates
subject parcel
Map prepared October 23, 2003
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F.L.U. = RS (Residential Suburban)
ZONING = AR - 1
(Undeveloped, Former Groves)
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F.L,U. = RS (R~esidential Suburban)
(Scattered :~lca Family Homes)
Julian Bryan ~ Associates
/ ST. LUCIE COUNTY, FLORIDA
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urban design site planning rezoning property analysis market feasibility governmental processing~
MASTER SITE PLAN
SHADOW OAKS
CENTERLINE HOMES
MATCH LINE SEE SHT. 4 OF 5
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MASTER ,SITE PLAN
ST. LUClE COUNTY, FLORIDA
MATCH LINE SEE SliT. 4 OF 5
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ST. LUCIE COUNTY, FLORIDA
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MASTER SITE PLAN
SHADOW OAKS
CENTERLINE HOMES
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SHADOW OAKS
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MASTER SITE PLAN ; J
ST. LUCIE COUNTY, FLORIDA CENTERLINE HOMES
MATCH LINE SEE SHT. 3 OF 5
Julian Bryan & Associates
SHADOW OAKS
MASTER ~ITE PLAN
ST. LUClE COUNTY, FLORIDA CENTERLINE HOMES
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