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Home My WebLink About23-036 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5178847 04/13/2023 10:35:10 AM OR BOOK 4975 PAGE 622-627 Doc Type:RESO RECORDING: $52.50 RESOLUTION NO. 2023-36 File No.WTLW-000019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.3 FOR TBD N HIGHWAY A1A (PARCEL ID 1423-120-0020-000-7), NORTH HUTCHISON ISLAND, 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. Brock Mason has requested a waiver from the Comprehensive Plan Policy 6.1.14.3 to allow direct impact for a total of 0.09 acres (3,947 square feet) of Category I wetlands and 0.008 acres (363 square feet) of the associated required 50 ft. upland buffer(which totals 0.098 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. 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 arises from conditions unique to the land, no other reasonable alternative exists and allows for reasonable use of the property. 2. 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-4 (Residential, Single-Family —4 du/ac)zoning district. 3. The granting of the requested waiver is not anticipated to adversely affect neighboring properties, as the remaining portion of the wetland and upland buffer along the northern and eastern portion of the property are provided to maintain open space and natural water attenuation and filtration onsite, consistent with the surrounding existing neighborhood. 4. The remaining onsite wetland area and wetland buffer will be restored and maintained via an approved Preserve Area Monitoring and Management Plan (PAMMP). 5. 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 Resolution No. 2023-36 April 4,2023 Page 1 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 Brock Mason 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 TBD N Highway A1A (Parcel ID 1423-120-0020- 000-7), North Hutchinson Island is hereby approved as depicted in Exhibit B, for the property described below, subject to the following conditions: 1) The current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of providing wastewater system on North Hutchinson Island. 2) The current and future owners and their heirs/assigns agree to connect to a governmental or governmentally approved and certificated central wastewater collection system ("system")within 90 days after notification by mail or by publication that such a system's collection lines, force mains or lift stations have been installed immediately adjoining or across an easement which abuts the property served by the on-site sewage disposal system or is within 200 feet of the property. 3) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) as applicable 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 a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, 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. 5) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, documentation reflecting the utilization of a higher functioning wastewater disposal system such as a municipal sewer system for the proposed residence shall be provided. 6) Prior to commencement of development, including, but not limited to clearing, filling, Resolution No.2023-36 April 4,2023 Page 2 excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 7) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. 8) 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. 9) 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: 23 34 40 FROM INT OF W RNV LI OFA1A AND N LI OF N 100 FT OF S 1700FT OF GOV LOT 1 RUN S 89 DEG 49 MIN W ALG SD N LI 850 FT FOR POB, TH CONT WLY 100 FT, TH S 80 FT, TH ELY 100 FT, TH N 80 FT TO POB (TRACT J) 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. Resolution No. 2023-36 April 4, 2023 Page 3 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: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE Larry Leet, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of April 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA B air ATTEST: APPROVED AS TO FORM AND C RRECTNESS• 14,4 _ O#1Y COM4i sp DEPUTY CLERK a i�� Z COUNTY ATTO 74 it. rn • Resolution No. 2023-36 April 4. 2023 Page 4 Exhibit A General Location Map II sl. +�1 2 lR 1IIIi�?r t ry0 1 {. _ i ,1 1 • .\ A '1 \ - yr•1 :,- `.,i R1 -t�: !1 t 't . /S m1 j, �swiec ,1 -1 j' J ' Vf o . 1110, ir N , \ 1 J f ' A 1 .Z. .� i - Z is 14041 d-'� :.i; '25 .'j''., • g$ ' ' w•c" Rd Regal Rd .. .-=� r V. J .. .. f Repa Rd t T'1 i fn.' Resolution No. 2023-36 April 4, 2023 Page 5 Exhibit B - y rO O OPMOP[O uME O"n O O 0 100 O a O 0 ON"n OpEy 0""O '"'"O O 0 PRESERVED i RE.UNTED J n i ��—PRESERVED I RE-PLANTED SE yQ WETLANDR I WETLAND o SON OM " 0 c i -I 7 a 20' r_ .'... O,1NG*u.'..',' .i — 2�—'''" I 0o_ sid+ Z, STEMOUSE AGNMSs I �• D? _. WEILAND BYM.riOr...M J To ¢}l' /AN I See Pffeci _Et AW 0Et a.'SETS CS OUTDOOR oe` es COURTYARD ( 6• I a in W MM. <0 I• 20 I DL.— _ JIsert2 Di BUILDING 35'x 63' 60 z 0g Q++ —scM D& —rwm ! Suffer Preserve bi¢ / To De Premed Q s / Sw YP / O DRIVE PARKING J/ 28'x 25' wTTINo Lairs1 UPLAND n 11 ■ot ro to toPn-..Mpt.e for O.n..U.. •' D \4` l: \ RCTNIMIG W L 100 Q • PROPERTY LINE s,c?--.-013 U 1'=12' SITE PLAN sr., Brent Montgomery Envlronnlental Consultant Proposed Mason Residence at Ft. Pierce 141 21stAvenue Vero Beach,Florida 32962 North Huchinson Island, St. Lucie County, FL Parcel I.D.#1423-120-0020-000-7 20:< ;x, montgomorybrent2@gmaU,com Resolution No. 2023-36 April 4, 2023 Page 6