HomeMy WebLinkAbout22-015 RESOLUTION NO. 2022-15
File No.WV-9202025837
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING
A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY
6.1.14.2 FOR A PARCEL OF LAND LOCATED ON SOUTH OCEAN DRIVE,
APPROXIMATELY 260 FEET NORTH OF MIDDLE COVE COUNTY BEACH
ACCESS, 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. Christine Kay requested a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow
direct impact to the Indian River Lagoon and Mangrove Forest for a total of 0.073 acres
(3,188 square foot) of Category I mangrove wetland 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 October 8, 2015 Florida Department of Environmental Protection (FDEP) issued
Permit 56-0282260-003 to construct a 1,374 square foot single-family dock, comprised
of a 343.6 ft. by 4 ft. pier, including a 10 ft. by 4 ft. step down loading platform, with two
(2) associated 10.5 ft. by 25 ft. (262.5 square feet) wet and dry mooring areas, within
the landward extent of Indian Rove, and fill approximately 0.073 acres of a 0.26 acres
of wetlands to a construct a driveway areas measuring 123 ft. by 26 ft. (3,198 sq. ft./383
cubic yards including 1.5:1 side slopes)with two (2) 24-inch diameter equalizer culverts,
to access the uplands areas of the property for a single-family home. The dock activities
include the construction and use of 1,636.9 square feet of preemption of state-owned
sovereignty submerged lands, 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 does meet 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
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE# 5005401 03/09/2022 09-15.28 AM
OR BOOK 4786 PAGE 1184-1189 Doc Type:RESO
RECORDING: $52.50
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3. 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.
4. The requested waiver for direct Category I wetland impacts is 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 due to the previously
allowed 1,960 square feet of approved direct fill area, which provided adequate
buildable uplands for a single-family residence without additional direct wetland
impacts.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Petition of Christine Kay 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 Lot 4, located on South Ocean Drive, approximately
260 feet north of Middle Cove Beach access 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 or Exemption, whichever comes first,
an executed Conservation Easement over all unimpacted onsite wetlands and their
associated buffer along the Indian River Lagoon and the coastal dune preservation zone
within the parcel boundaries will be placed under conservation easement along the
approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration
Plan, and Sea Turtle Protection Plan with an attached affidavit and cashier's check
(payable to the Clerk of the Court for recording fees) to the County Attorney. The
applicant shall also provide georeferenced GIS shapefile or CAD file of the conservation
easement boundaries to St. Lucie County.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
provide documentation of wetland mitigation purchase to the Bear Island point Mitigation
Bank.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first,
provide coastal construction control line (CCCL) permit from Florida Department of
Environmental Protection (DEP) per LDC 6.05.00.
4) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
listed-species surveys shall be supplied to ERD prior to any soil disturbance or initiation
of development activity for the site plan.
5) Prior to issuance of a Vegetation Removal Permit for the single-family residential dock,
provide an approved native vegetative plan for the Indian River Lagoon Shoreline Buffer
in accordance with the minimum planting requirements in LDC 6.02.02.E.
Page 2
6) Prior to issuance of a Vegetation Removal Permit to allow for a dune crossover, provide
a permit from the appropriate agencies prior to access being established. All
development shall comply with the requirements and criteria outlined and LDC
6.02.01.H in order to protect the functions and values of the estuarine and beach-dune
shoreline areas.
7) Prior to the issuance of a Certificate of Occupancy, all seaward and shore-perpendicular
facing windows and doors shall be fitted with tinted glass or film with a visible light
transmittance value of forty-five (45) percent or less. A registered Florida architect or
engineer shall conduct a nighttime survey with all of the beachfront lighting turned on
and provide a report of the inspection to the Environmental Resources Department as
outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle
lighting code are identified, a Certificate of Occupancy shall not be issued until all
violations have been corrected.
B. The property on which this waiver is being approved is described as follows:
THE SOUTH 100.00 FEET OF THE NORTH 220 FEET OF THE SOUTH 440 FEET
OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH RANGE 41
EAST; ALSO DESCRIBED AS THE NORTH 100 FEET OF THE SOUTH 320 FEET
OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41
EAST, LESS ROAD RIGHT-OF-WAY FOR STATE ROAD A-1-A.
SAID LAND CONTAINS 1.52 ACRES, MORE OR LESS.
PARCEL ID#2529-343-0002-000-8
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.
Page 3
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:
Sean Mitchell, Chair AYE
Frannie Hutchinson, Voce-Chair AYE
Chris Dzadovsky, Commissioner AYE
Linda Bartz, Commissioner AYE
Cathy Townsend, Commissioner NOT PRESENT
PASSED AND DULY ADOPTED this 25th day of January 2022.
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
22Zr:KL.),
BY
Chair
ATTEST: APPROVED AS TO FORM
AND CO RECTNE
44tet_ IS J�lI °441,0
DEPUTY CLERK V� , iA COUN Y ATTO N Y
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