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Home My WebLink About23-219 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE* 5283641 12/29/2023 02:38:51 PM OR BOOK 5089 PAGE 1899-1904 Doc Type:RESO RECORDING: $52.50 RESOLUTION NO. 2023-219 SLV-2309-000013—WTLW-2309-000031 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: A. Crisanto Gamboa has requested a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow direct impacts for a total of 0.04 acres (1,742 square feet)of Category I wetlands and 0.12 acres (5,227 square feet) of 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. B. On September 21, 2021, the Board of County Commissioners approved a waiver from the Comprehensive Plan Policy 6.1.14.2, Resolution 2021-356, to allow direct impacts for a total of 0.04 acres(1,742 square feet)of Category I wetlands and 0.12 acres(5,227 square feet) of the associated required 50 ft. upland buffer (which totals 0.17 acres). This waiver expired twelve months from the date of adoption, as a building permit was not approved, nor was an extension requested and granted in accordance with Section 10.01.06 of the St. Lucie County Land Development Code. C. 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. D. 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: 1. The requested waiver meets 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. 2. The granting of the requested waiver will allow the development of a single-family residence to comply with all applicable building setbacks located within the RS-3 (Residential, Single-Family— 3 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 a natural fifty- Resolution No.XXXX-XXX November 14,2023 Page 1 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. 4. The requested waiver for direct Category I wetland impacts is not 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, which provides adequate buildable uplands for a single-family residence. 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. Resolution No.XXXX-XXX November 14,2023 Page 2 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. 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 shall be placed on file with the St. Lucie County Environmental Resources Director. E. The conditions set forth in Part A are an integral non-severable 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. Resolution No.XXXX-XXX November 14,2023 Page 3 After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 14th day of November 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA C ATTEST: APPROVED AS TO FORM AND RECTNES . GOMMA94> O DEPUTY CLERK J Z COU TY ATTO EY n 4 en t t ol- cie CoUNr.f Resolution No.XXXX-XXX November 14,2023 Page 4 Exhibit A General Location Map I RSZ x I I I A"--,' 1 --1 i >----- --------L-one Pine--i FU D I in 2 U i I r i Subject Property I 1 1 ;---Osceola---( I i 1 CPU6 cD, o y Y K L Q 1 N m m i---Seminole- c c a c U m a, i T�>d 1 i n � -I RE-2 ---�o',, —i,,- ------Parkland---��----- ----- / 1 I r i i l 1 RS R.,yerlan d r' ---------Wh ite-Oak 1 r----Coral .--Echo i 1 `-----Saeger '114 Resolution No. XXXX-XXX November 14, 2023 Page 5 Exhibit B a P `J k > LOT 8 BLOCK 12 F' J 4 41 FFE- 5.14 %m (NO WELL) 4pp Q�ta'/C�.O,'Eere Q,F '' N6=_ I T INC SET INC OZ> W1 TNES � N:'='50.52"E 16$. 6' 0.83N 0.401 S 7.-> , -a� :O;,� :. -. ,l .. , ,aD 177.87• a a.A9 S �i-+ `` M 30 . a. M y u @ � 1% naa �.� _ F -_ L Y= I AY-- eicio n.aY ( J'L1 y� 3�,, z M',:R.' F. 2 to C ll + WFFt[ r 7 'K A z 1-22-i 4.80' '• (iaill E WATER srnvcE _ A Fri IP O 139�52 W 199.79 FNO IP 30. {�Z., 035"W x w_. wots - I HEIR Z�1X SS LOT VACANTK 12 ;4 0 NOT' epe980.F, $ 9,, `� OOTAOE OF BUFFER REA 91 3. TGKBOURE FOOTAFF OF FISTING NATIVE WOE AND BYY DOCK ACCESS I I - (REA SUBTRACTED FROM I LANNMG C ALCUUTIONS) 366000.F1 DI STINOVRE ESwENINBUFFER-LIVE OR(WFRCUS MO,WNr),CABBAR PALM(SAM I RCAF TIA SS 3 10IA1 SQUARE FOOTAGE FOR PLANTING 609 SO.FT CROPY101ALS FPPROY.,,IW SO.FT. B. A. PLANTING NOT ILL SNOWN0OR CURITY 40 6. PLF%ORO VEGETATION TO EE REMOVED FROM PRESERVE RER PRIOR TO RE PUNTING CWNTIE PALM(}A MIA CLOP.RLCOCOPWM(CFWYS09ALAHLIS.COAANDDRVNLO COFFEE(PSCNYOTR6 NERVOSA) 6. PROPOSED PLANTING VMTNIN PRESERVE RE AS CONSISTS OF IN E FOILOVANG - (40)343AlLON COONIIE FAL14(IAMM FLO/40AM.000OPWM(CNRYSOB<4MIS.0O3 MOOR MD COFFEE(PSCIHOMM MERVOSO MUNLY ORRS(MUMF.....CAP.-.R.,ANDAMWIREOPAW IA....'''M.) (t.BRF ROOT OR UNFERR5SU N91IU E MIMOSAP(MMOSAS'TRAMI. ,WIC A6.13 OG UM.00 I I (PLUM2A OOSGADEMB), 811u6NINE MM108A(MMIOSA STR.roINIOOF WILD PW IA)PF IHUNSAB 1tJ0 4Mt),MUNLY ORRB(/UMEA6ERGM GPIIURs, MUHLYORRS(MUMEASFFd4 u.., ymEORR6(A snal SIRICTR),AND/OR PEPEROMIA(PEPEROMN OSNSWOLN) VRR.EASEI SP,.STR/CT),ANOOR PEPEROMIA O.,ERWM CSTVSFC.) I SPECIES PLANTED MU DEPE ND UPON AVAILABILITY.°PLANT NUMBERS INDICATED RE INTENDED TO BE TOTAL PLAN7160S WHICH MnY CONSIST OF ANY COMBINATION OF THE PLANTS IDENTIFIED Resolution No.XXXX-XXX November 14, 2023 Page 6