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Home My WebLink About25-021 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5437535 01;30/2025 02:36:51 PM OR BOOK 5264 PAGE 1696-1703 Doc Type:RESO RECORDING: $69.50 RESOLUTION NO. 2025-021 File No. WTLW-2402-000039 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 3/4 OF ONE MILE SOUTH 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. Ryan Brown requested a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow direct impact for a total of 0.152 acres (6,650 square foot) to Category I mangrove wetland and 0.003 acres (154 square feet) 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. Permits from FDEP 56-0431895-002-El, issued 1/18/2024 and ACOE SAJ-2023-01958 (NW-JMB), issued 1/22/2024, were obtained which allows for a filled and culverted driveway access through the wetlands in the amount of 0.104 acres to allow access to the upland area for construction of a single-family residence. The wetland area to be filled is comprised of a mixed forested mangrove community dominated by red mangroves. Due to the wetland being contiguous along the frontage of the eastern parcel, unavoidable impacts were required for the access drive. The applicant further minimized direct impacts to the wetland by restricting the driveway to no greater than 30 ft. in width and the utilization of this driveway as a shared driveway with the adjacent property to the south. Additionally, all proposed development for the single-family residence was restricted to the buildable uplands and an eastern portion of the upland buffer. Impacts to the wetland and its associated buffer were offset through the purchase of 0.2 credits from the County's Bear Point Mitigation Bank, and any available greenspace onsite was utilized as relocated wetland buffer. The proposed single-family residence will be constructed on the east portion of the parcel east of Highway Al A. 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: Resolution No. 2025-021 January 21,2025 Page 1 1. The granting of the requested waiver will allow the development of a single-family residence that shall comply with all applicable building setbacks located within the HIRD (Hutchinson Island Residential Development) 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 associated upland buffer will be placed under conservation easement and is consistent with the surrounding existing neighborhood. 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 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Petition of Ryan Brown 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, THE NORTH 187.234 FEET (188.67 FEET MEASURED) OF THE NORTH 440 FEET OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, LESS THE NORTH 98.67 FEET THEREOF AND LESS RIGHT-OF-WAY FOR HIGHWAY U.S.A-1-A, located on South Ocean Drive, approximately IA of one mile 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 commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, an executed Conservation Easement over all unimpacted onsite wetlands and their associated buffers, and the shoreline buffer along the Indian River Lagoon and the coastal dune preservation zone within the parcel boundaries will be placed under conservation easement along with 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 a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 2) 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, provide all appropriate outside agency permits including but not limited to Florida Department of Environmental Protection (FDEP), Army Corps of Engineers (ACOE), etc. Resolution No. 2025-021 January 21, 2025 Page 2 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, provide documentation of wetland mitigation purchase to the Bear Point Mitigation Bank. 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, provide the coastal construction control line (CCCL) permit from Florida Department of Environmental Protection (FDEP) per LDC 6.05.00. 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, listed-species surveys shall be supplied to ERD. 6) 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, for the single- family residential dock west of Highway A1A, if applicable, 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. 7) 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, to allow for the elevated/raised 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 8) 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 lift station shall include the following precautions to prevent contamination of the wetland in the event of a system failure (Comprehensive Plan Policy 6.1.14.2.c), shall be provided: a. The top of wetwell and electrical components will be sited sufficiently above the flood elevation of concern. b. A permanent emergency generator to ensure functionality of the station in the event of a power outage shall be provided. c. An appropriate alarm (high level, pump failures, etc.) and a means of notification (e.g. autodialer) to notify of problems at the lift station so utility personnel can respond in a timely manner shall be installed. d. Routine maintenance to preventing a failure at a lift station shall be performed. 9) 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. Resolution No. 2025-021 January 21, 2025 Page 3 10)Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. B. The property on which this waiver is being approved is described as follows: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ST. LUCIE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: THE NORTH 187.234 FEET (188.67 FEET MEASURED) OF THE NORTH 440 FEET OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, LESS THE NORTH 98.67 FEET THEREOF AND LESS RIGHT-OF-WAY FOR HIGHWAY U.S. A-1-A, SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 3 INCH BY 3 INCH CONCRETE MONUMENT MARKING THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE NORTH 187 .234 FEET OF SAID GOVERNMENT LOT 4, (SAID CONCRETE MONUMENT BEING 188.67 FEET AS MEASURED SOUTH OF AND PERPENDICULAR TO A 3 INCH BY 3 INCH CONCRETE MONUMENT MARKING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 4), WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD A- 1-A(OCEAN DRIVE)A 100 FOOT RIGHT OF WAY, SAID RIGHT OF WAY LINE BEING THE SAME SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 9405-107; THENCE N89°47'42"E, ALONG SAID SOUTH LINE A DISTANCE OF 638 FEET MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN NORTHERLY ALONG SAID WATER LINE TO A POINT IN A LINE 98.67 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE OF GOVERNMENT LOT 4; THENCE S89°47'42"W ALONG SAID PARALLEL LINE A DISTANCE OF 653 FEET, MORE OR LESS TO A POINT IN THE EAST RIGHT OF WAY LINE OF SAID STATE ROAD A-1-A, SAID POINT ALSO BEING N29°28'59"W A DISTANCE OF 103.18 FEET FROM THE POINT OF BEGINNING; THENCE CONTINUE S89°47'42"W A DISTANCE OF 114.64 FEET TO A POINT IN THE WEST RIGHT OF WAY FINE OF SAID STATE ROAD A-1-A; THENCE CONTINUE S89°47'42"W A DISTANCE OF 537 FEET, MORE OR LESS TO THE EAST MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE RUN SOUTHERLY ALONG SAID WATER LINE TO A POINT IN SAID SOUTH LINE OF THE NORTH 187.234; THENCE N89°47'42"E, ALONG SAID LINE A DISTANCE OF 577 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF SAID SOUTH LINE WITH THE WEST RIGHT OF WAY LINE OF SAID STATE ROAD A-1-A; THENCE CONTINUE N89°47'42"E A DISTANCE OF 114.64 FEET TO A THE POINT OF BEGINNING. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED LAND LYING WITHIN THE RIGHT OF WAY OF SAID STATE ROAD A-1-A.. Resolution No. 2025-021 January 21, 2025 Page 4 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. Resolution No. 2025-021 January 21, 2025 Page 5 After motion and second, the vote on this resolution was as follows: Jamie Fowler, Chair Yea Larry Leet, Vice-Chair Yea James Clasby, Commissioner Yea Erin Lowry, Commissioner Yea Cathy Townsend, Commissioner Yea PASSED AND DULY ADOPTED this 21st day of January 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS. EPUTY CLER COUNTY ATTOR EY GOM Aga. J2 1 ' ;\ 44.1 •, Resolution No. 2025-021 January 21,2025 Page 6 Exhibit A - General Location Map J >A7k 4.. `A :.� sr . . .!...1„ ,eiegl*.kt:il-t.),kfe -'r- .., :-:.• -:.,...-,-.:,.,-,!:,', ,/1....,, ,. Subject property • Subject property Indian ,tg +y z. k " vAti River ,, s v.:. Lagoon _?'fig Resolution No. 2025-021 January 21 2025 Page 7 • Exhibit B - Site Plan am cum — - lt 4 3. W .I i { :i y,Ei, �z j 4 --- - +„ /ma's' }psi,.. __,1 MI! F Ti J t'i riim , /'-1 Mg of r j, �Ta: I ,. i.p, i If r: `.I /'"': 1 iiEi � •♦ t • x 1g IMF) • ••••�•� 1 ►f !t�s gi: t' •�• •' 1 s, q ••• • ; i .� •s• , r I!! ` Resolution No. 2025-021 January 21, 2025 Page 8