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Home My WebLink About21-356 RESOLUTION NO. 2021-356 File No. AV-1202125936—WW-1202125937 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2 FOR LOTS 6 AND 7, 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. Crisanto Gamboa has requested a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow direct impact for a total of 0.04 acres (1,742 square feet) of Category I wetlands and 0.12 acres (5,227 square feet) the associated required 50 ft. upland buffer (which totals 0.17 acres) as depicted on the attached Exhibit B 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 December 1, 2004 Florida Department of Environmental Protection (FDEP) issued Permit 56-0240161-001 to allow fill of 1,960 square feet of wetlands onsite for development of a single-family residence, creating adequate buildable uplands onsite without further direct wetland impacts. 3. After consideration of staff comments and the standards of review for granting waiver adopted 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 will allow the development of a single-family residence that will be in compliance with all applicable building setbacks located within the RS-3 (Residential, Single-Family — 3 du/ac) zoning district. 2. The granting of the requested waiver is not anticipated to adversely affect neighboring properties, as the remaining portion of the wetland and a natural fifty- foot shoreline buffer along the river are provided to maintain open space and natural water attenuation and filtration onsite, consistent with the surrounding existing neighborhood. 3. Historic approvals from 2004 (FDEP Permit 56-0240161-001) allowed for fill of 1,960 square feet of wetlands onsite for development as a single-family residence. September 21, 2021 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT OIUtIOn No. 202 1 356 SAINT LUCIE COUNTY Page 1 FILE# 4937238 10/13/2021 11:13:28 AM OR BOOK 4702 PAGE 1120-1125 Doc Type.RESO RECORDING $52 50 4. A waiver from the 50 ft. associated wetland upland buffer is necessary for reasonable use of the property and therefore does meet the avoidance and minimization criteria for impacts as it precludes reasonable use of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Petition of Crisanto Gamboa 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 6 and 7 of Riverdale Yacht Club Estates- Unit 2 Block 12 is hereby approved 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 6 & 7, 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.2021-356 September 21, 2021 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. This waiver shall expire twelve months from the date of adoption unless a building permit is approved, or an extension is granted in accordance with Section 10.01.06 of the St. Lucie County Land Development code. G. 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. H. 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: Chris Dzadovsky, Chair NAY Sean Mitchell, Vice-Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner AYE Resolution No. 2021-356 September 21, 2021 Page 3 PASSED AND DULY ADOPTED this 21th day of September 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY e.0725.1 ' Chair ATTEST: APPROVED AS TO FORM AND C RE TNESS: A)ILI cillijit) s DEPUTY CLERK Vo. �o COUNTY ATTOR EY y < . a- 9 lit le.c°-NTy,,FLOC,°' Resolution No. 2021-356 September 21, 2021 Page 4 Exhibit A General Location Map RS-2 i I ..',f AR-1 I' il PUD 2 is ` K (S r ' T»t . Subject Property I i Osceola y �' 4 �' .,, CPUB �i N i� ▪ r n N .t� • m co co F--Seminole,4 _. . 0 R;:y 63 0 i t TqM f I Y --. RO17 —{-, .--Parkland--}-<--1-------i RE L \ • ' ' r RS-3 I • - ' � ;-j----WhR -ea k- -- r: Rveriand — 46111 Eoral I ----echo ' • i, .,;' ',----Saeger b'!ir f ' :t"atiUc y ' C tad�' i U Resolution No- 2021-356 September 21, 2021 Page 5 Exhibit B LOT AM 12 1? ill O • , r 9 pp��y� tic FFE- S.14 ,I 2Z25 I ••CV1 i 11,7LADM c, td ;Y I. 'PTT IR6C SET.tC sFIOP 91 a o:0 VOTNE N .50'52'E 158, 5' O.e3'N 0.40• g + 1/I.DY P.,- w SO _p_y .* n1AE' 7 2 ; J1I p wt \‘711 s:a EALINt .stv, ..... . 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