HomeMy WebLinkAbout03-179 JOANNE HDLffiAN CLERK OF THE ~iRCUIT COURT o~IN, LUCIE COUNTY
]¢'i ' ' ....... File Number: 2267513 OR BOOK 17.°,4 PABE 1712
l~lM.,Q[~ ILV__. Recorded:0.9/!0/03 10:28
hESOLUT ON 03-179
2 -- BCC No.: BCC-03-008
3 FILE NO.: SLR-03-003
5
6 A RESOLUTION GRANTING A VARIANCE FROM SECTION
? 6.02.02(C)(1), ST. LUCIE COUNTY LAND DEVELOPMENT CODE-
8 INDIAN RIVER LAGOON SHORELINE SETBACKS FOR
9 HUTCHINSON ISLAND STORAGE
I0
11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
12 testimony and evidence, including but not limited to the staff report, has made the following
13 determinations:
15 1. Hutchinson Island Storaqe, (Hutchinson) presented a petition for a variance from the
~_6 provisions of Section 6.02.02(C)(1), St. Lucie County Land Development Code, Indian
17 River Lagoon buffer requirements, for property located on South Hutchinson Island at
18 9751 S. Ocean Drive, Jensen Beach, in unincorporated St. Lucie County.
20 2. On August 19, 2003, this Board held a public hearing on the petition, after publishing a
2 z notice of such hearing and notifying by mail all owners of property within 500 feet of the
22 subject property.
23
24 3. After consideration of the testimony presented during the August 19, 2003, public hearing,
25 including staff comments and the standards of review for granting variances set out in
26 Section 10.01.30, St. Lucie County Land Development Code, the Board of County
27 Commissioners has made the following determination:
28
2 9 a. The variance requested arises from conditions that are unique and peculiar to
30 the land, structures, and buildings involved; that the particular physical
31 surroundings, the shape, or topographical condition of the specific property
32 involved would result in unnecessary hardship for the owner, lessee, or
33 occupant, as distinguished from a mere inconvenience, if the Provisions of
34 Section 6.02.02(C)(i), are literally enforced; that they are conditions that are
35 not ordinarily found in the same Zoning District, and the conditions are
36 created by the regulations of Section 6.02.02(C)(1), of this Code, and not by an
37 action or actions of the property owner or the applicant.
38
39 Hutchinson is requesting a variance from Section 6.02.02(C)(1) in order to permit
,lo construction 25 feet away from the landward extent of state waters (wetland.
,[1 jurisdiction line). The upland portions o f the site, located at 9751 S. Ocean Drive, in
`[2 unincorporated St. Lucie County, have previously been cleared and is currently being
43 utilized for recreational vehicle storage with onsite improvements of chain link
4,[ fencing, a trailer, gravel and asphalt drive, and asphalt parking. Outside of the
`[5 cleared areas, in the northwestern and western portions of the site, is a mangrove
`[6 swamp that extends north and is associated with the Indian River Lagoon.
File No.: SLR-03-003 Resolution 03-179
August 19, 2003 Page 1
OR BOOK i794 PAGE 1713
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
The provisions of Section 6.02.02(C)(1), of the Land Development Code establish
setbacks from the shoreline of the Indian River Lagoon in which development
activities are either prohibited or restricted. This section specifies that no
development activity that would alter the native vegetation of the shoreline of the
Lagoon and its tributaries shall be permitted within 50 feet of the mean high water
line or landward extent state waters, whichever is greater. For this site, it has been
determined that the landward extent of state waters, or wetland jurisdiction line, is
the greater of the two, and is therefore the point from which the buffer distance
should be measured.
The requested variance arises from conditions, which are unique to the property
involved. The purpose of the 50-foot buffer is to protect any native vegetation
located within this setback, however, due to the extensive previous onsite clearing
and current use of the property outside of the mangrove swamp, no native
vegetation is located within the setback area. The granting of this 25-foot variance,
subject to the conditions below, would allow the applicant to construct improvements,
including buildings, dry retention, and pavement without negatively impacting the
adjacent mangrove swamp associated with the Indian River Lagoon.
The granting of this variance will not impair or injure other property or
improvements in the neighborhood in which the subject property is located.
The reduction of the buffer zone has been determined to have no significant impact
upon the water quality and shoreline protection needs of the Indian River Lagoon.
The subject property already has been impacted through previous clearing activities
and storage of recreational vehicles and, therefore, no degradation of native
vegetation would be expected to occur if the setback is reduced from the current 50
feet to the proposed 25 feet.
The required conditions to revegetate this area will actually enhance the water quality
in this area be providing for additional natural filter areas before any site waters are
allowed into the adjoining mangrove areas and ultimately the Indian River Lagoon.
The variance is the minimum that will make possible the reasonable use of the
land.
The requested variance is the minimum variance required in order to allow the
reasonable use of the site.
The variance will not be opposed to the general spirit and intent of this Code
or the St. Lucie County Comprehensive Plan.
The proposed variance is not opposed to the general spirit and intent of the St. Lucie
County Land Development Code or Comprehensive Plan. The granting of the
requested variance would not be in conflict with the intent of Goal 7.1, its attendant
Objectives and Policies and Policy 8.1.4.3 and 8.1.4.4 of the St. Lucie County
Comprehensive Plan of the County's Comprehensive Plan in that the required
conditions to revegetate this area will actually enhance the water quality in this area
be providing for additional natural filter areas before any site waters are allowed into
File No.: SLR-03-003 Resolution 03-179
August 19, 2003 Page 2
OR BOOK 1794 PAGE 1714
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
the adjoining mangrove areas and ultimately the Indian River Lagoon.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
That the petition for a Variance from the Provisions of Section 6.02.02(C)(1), St. Lucie
County Land Development Code, Indian River Lagoon minimum buffer requirement,
submitted by Hutchinson Island Storage is hereby granted for the property described
below, subject to the following conditions:
A minimum upland buffer distance of 25 feet shall be provided and maintained
from the landward extent of state waters (wetland jurisdiction line). No
additional land clearing, filling or grading activities shall encroach within the
required buffer setback.
As part of the final site plan review for this project, the petitioner, his successor
or assigns, shall provide for the revegetation of this 25-foot wide buffer area.
All plantings within this upland buffer area shall consist of plant species native
to the coastal barrier island plant community and shall include canopy,
understory, and ground cover. The petitioner, his successor or assigns, shall
as part of any final site plan review process for the Hutchinson Island Storage
Center, include a management plan for the preservation and long term
maintenance of this revegetated buffer area.
Prior to the issuance of any local site development permits, the wetland
jurisdiction line shall be verified based on field review and approval by the
appropriate jurisdictional agencies. The wetland line as shown on the site plan
provided (signed and sealed 8/7/03) maybe subject to change.
The property on which this variance is granted is described as follows:
TAKE AS THE POINT OF BEGINNING THE INTERSECTION OF THE WESTERLY
RIGHT OF WA Y LINE OF STATE ROAD A lA AND THE NORTH LINE OF NETTLES
ISLAND AS RECORDED IN PLA T BOOK 16, PAGE 1, ST. LUClE COUNTY, FLORIDA,
THENCE RUN N 22°59'01" W ALONG THE WESTERLY RIGHT OF WA Y LINE OF A lA
A DISTANCE OF 303.50 FEET; THENCE RUN S 88°20'29'' WA DISTANCE OF 433.99
FEET; THENCE RUN S 1°39'31'' E A DISTANCE OF 160.00 FEET; THENCE RUN S
88°20'29'' WA DISTANCE OF 500.91 FEET; THENCE RUN S 1°39'31" E A DISTANCE
OF 200. O0 FEET; THENCE RUN S 88020'29'' WA DISTANCE OF 476.00 FEET, MORE
OR LESS TO THE SHORE OF THE INDIAN RIVER, THENCE MEANDER
SOUTHEASTERL Y ALONG THE SHORE OF THE INDIAN RIVER A DISTANCE 0F380
FEET MORE OR LESS TO THE SAID NORTH LINE OF NETTLES ISLAND, THENCE
RUN N 72o40'50'' E ALONG SAID NORTH LINE OF NETTLES ISLAND A DISTANCE
OF 1334.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINING 10.6 ACRES MORE OR LESS.
File No.: SLR-03-003 Resolution 03-179
August 19, 2003 Page 3
OR BOOK 1794 PAGE 1715
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Tax ID#: 4502-231-0001-000/7
Location: 9751 S. Ocean Drive
This variance will allow for improvements, including buildings, dry retention, and pavement
associated with the proposed Hutchinson Island Storage site plan project, to be
constructed within 25 feet from the landward extent of state waters (wetland jurisdiction
line) of the Indian River Lagoon on the above described property.
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
September 19, 2004, unless the developer has obtained a site plan approval for the
Hutchinson Island Storage project. If site plan approval for the Hutchinson Island Storage
project has not been obtained by September 19, 2004, the approvals and authorizations
granted by this resolution shall expire and become void. If site plan approval for the
Hutchinson Island Storage project has been successfully obtained by September 19,
2004, the variances granted through resolution shall remain in force and effect as long as
the development orders for the Hutchinson Island Storage project remain in effect.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
AYE
Vice-Chairman Paula A. Lewis
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Doug Coward
NAY
Commissioner John D. Bruhn
PASSED AND DULY ADOPTED This 19th Day of August 2003.
AYE
BOARD OF COUNTY COMMICC$iONEFiS;
ST. LUCIE COUNTY, FLORIDg
BY
File No.: $LR-03-003 Resolution 03-179
August 19, 2003 Page 4
OR BOOK 1794 PABE 1716
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
'~""-~' " ,' "Coun5
as
C:\WORD\ BCC Shoreline Waivers\lRL-Hutchinson Island Storage
File No.: SLR-03-003 Resolution 03-179
August 19, 2003 Page 5
OR BOOK 1994 PAGE 1717
9
10
11
12
13
14
15
16
17
18
Exhibit A
· Vicinity Maps
· Site Location Map
File No.: SLR-03-003 Resolution 03-179
August 19, 2003 Page 6
(1)
..Q
0
rT'
OR BOOK 1794 P~GE 1718
~ '~ L£
s sl~ .[
A.I. NigOO
S 9[ 1
3380H033>10
OR BOOK 1794 PAGE 1919
l/
/
/
/
CC)
OR BOOK 1794 PAGE 1720