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Home My WebLink About20-133 RESOLUTION NO. 2020-133 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2 FOR LOTS 4 AND 5, BLOCK 12, UNIT TWO OF RIVERDALE YACHT CLUB ESTATES, 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 the staff report, has made the following determinations: 1. John Evanisko has requested a waiver per Comprehensive Plan Policy 6.1.14.2 to impact a total of 0.23 acres (10,018 square feet) of Category I wetlands as depicted on the attached Exhibit B to allow for the development of single family residence and associated improvements on the property depicted on the attached map Exhibit A, and described in Part B below. 2. On April 26, 2019, the Environmental Resources Director approved an administrative shoreline variance via ERD 18-002 for allowance of an aerobic treatment unit within the 300 ft. Zone B shoreline buffer. 3. After consideration of staff comments and the standards of review for granting waivers adapted from Section 10.01.02 of the St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: The requested waiver meets the standards of review as set forth in Section 10.01.02 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: 1. The granting of the requested waiver allows for the development of this platted lot of record established as of 1926. 2. The granting of the requested waiver will not adversely affect neighboring properties, as it is an existing lot of record and the proposed use is consistent with the surrounding existing neighborhood. 3. The granting of the requested waiver is the minimum necessary for reasonable use of the property. The extent and location of the wetland in conjunction with the riverine protection setback per Land Development Code 6.02.02 would not allow for development of the subject platted lot without the granting of a waiver in accordance with Comprehensive Plan Policy 6.1.14.3. 4. The requested waiver is not entirely in conflict with the general spirit and intent of the Land Development Code and the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The applicant has minimized impacts to preserve 0.12-acres of the onsite wetland and the 50-foot shoreline protection JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Resolution No. 2020-133 June 16, 2020 FILE# 4724832 07/02/2020 10:10:52 AM OR BOOK 4440 PAGE 870-875 Doc Type:RESO Page 1 RECORDING: $52.50 zone along the North Fork of the St. Lucie River. Further, mitigation to offset the 0.23-acres of unavoidable impacts is provided via purchase of 0.2 credits from the Bluefield Ranch Mitigation Bank. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Petition of John Evanisko for a Category I Wetland Waiver in accordance with Comprehensive Plan Policy 6.1.14.3 pursuant to Section 10.01.02 Standards of Review of the Land Development Code, for lots 4 and 5 of Riverdale Yacht Club Estates- Unit 2 Block 12 is hereby approved/denied as depicted on the exhibit prepared by Compass Surveying dated 5/26/2016 as depicted in Exhibit B, for the property described below, subject to the following conditions: 1) Prior to issuance of a Vegetation Removal Permit, the applicant shall provide the required Conservation Easement over the onsite preserves, the approved Preserve Area Monitoring and Management Plan (PAMMP), with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval. The applicant shall also provide a shapefile of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be obtained from the St. Lucie County Environmental Resources Department. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre-construction meeting with construction personnel and Environmental Resources Department staff to verify vegetation and preserve area protection measures have been installed. 3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. 4) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state, federal agency or any other County approvals and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5) All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this waiver is being approved is described as follows: LOTS 4 & 5, BLOCK 12, UNIT TWO RIVERDALE YACHT CLUB ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE(S) 40, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Resolution No. 2020-133 June 16, 2020 Page 2 C. The waiver approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to commencement of development activities on the property described in Part B. D. A copy of this resolution shall be attached to the plan exhibit described in Part A, which plan shall be placed on file with the St. Lucie County Environmental Resources Director. E. The conditions set forth in Part A are an integral nonseverable part of the waiver 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 waiver approval granted by this resolution shall become null and void. F. The Order shall become effective upon the date indicated below. An appeal from 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. G. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair NAY Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 16th day of June 2020. Resolution No. 2020-133 June 16, 2020 Page 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Ch ATTEST: APPROVED AS TO FORM AND E RRECTNE D PUT C COUNTY ATT NE coM�� * ai .,„ fe, fG r � �j►C}y- Resolution No. 2020-133 June 16, 2020 Page 4 Exhibit A General Location Map MALLARI T(JPEL ) )/ RUSS LONE PINE co 7 IY t- (7) Subject Property r. , OSCEOLA-0 � , � SEMINOLE o 1 I/ PARK AND 5 .iik :....L._, WHITE OAK CORAL ECHO, SAEGE k. w C z a IL 0 0 EIC4 / Resolution No.2020-133 June 16,2020 Page 5 Exhibit B FsrA ax"ar;Try-ewoconeIntimte Yl ' ' —• MmwgArE,;...a vNtr"A'meCRe00a110, IN -Proposed Wetland Fill(0.23 Ir CEOFP'JKY,MAGA. oPac) rat Rr me ®State and Federal Jurisdictional Wetlands(0.35 ac) . `-- -0 n Subject Property Boundary(0.45 ac) olurtuc xua;,.b 7'^.e) 1 1 ,I�tlAaFS1ffi:D,CI °Lr- i' ll -&13 1 t Viar"I,Mal ir we l ��6NN � S�' k, .. CDUIXA t tic NORTH Pa1e i W 4 J.CJla R µ t t-tr,s:,' terc J Y .,,, S CLRof a fr mr . y W.. r.i, 1r o % ' t RObMr-1 •gp# '1 gII r ---_— --- ——- —._ i „,, ' was = RO eMRR N MIMi UIIT I. U IAN FLL LOLL AL>a7 �i �� NO Mal WiNIN Sur• O4 f3 YlrstA 8O17m PROPEtm JI,E l a1LOT Il CR RE NLDCKN , 7°" i'9.0t4H144:114.1:.NSE (' N.. LINE TAM POR RlNsic..„ \ o+f,+n. aL*;x/„llel WEttAKDCELNATIOR ,,rporTwat:m,w,WARM MN NW CIPANv' rAtteS l;i1er >X - lb ID L BESOEICtSKSIENN�% 1.2 lex Brcelsr ,y��wsuw m,FA, or,,6,,t o,e ." nm.,+v 1R6r2LCTW'Y�10'AFAH II 1' 1LF tlYINNINV 2 Ii.V1eE,1sTLAN7�I. TCN UE Resolution No. 2020-133 June 16,2020 Page 6