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Home My WebLink AboutBOA Agenda Packet 11.18.2020LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, November 18, 2020 9:30 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIR ROBERT LOWE SR. VICE -CHAIR CHIEF DEREK FOXX COMISSIONERS ALEXANDER TOMMIE STEWART MENCER KEVIN GRIFFIN Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 57 Regular Meeting Wednesday, November 18, 2020 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the October 28, 2020 BOA Regular Meeting Minutes 5. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Lot 31 Watersong Variance 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. 2 I :i i' a g e Page 2 of 57 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting October 28, 2020 Convened: 9:37 AM Adjourned: 10:40 AM 1. CALL TO ORDER The meeting was called to order at 9:37AM by Chairman Lowe. 2. PLEDGE OF ALLEGIANCE Chairman Lowe led the pledge. Mr. Mencer led the invocation. 3. ROLL CALL Present Chair Bob Lowe, Stewart Mencer, Kevin Griffin Excused 4. APPROVAL OF MINUTES A. Approval of the September 23, 2020 BOA Regular Meeting Minutes RESULT: APPROVE MOVER: Board of Adjustment Council Member Kevin Griffin SECONDER: Stewart Mencer AYES: Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None Page 3 of 57 Board of Adjustment Wednesday, October 28, 2020 9:30 AM B. Approval of the October 6, 2020 BOA Workshop Minutes RESULT: APPROVE MOVER: Kevin Griffin SECONDER: Stewart Mencer AYES: Chairman Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None S. SWEAR IN STAFF MEMBERS Madame Secretary swore in staff as follows: 1. Benjamin Balcer, Asst. Director, Planning 2. Linda Pendarvis, Manager, Planning 3. Tahir Curry, Associate Planner, Planning 4. Kori Benton, Asst. Manager, Planning 6. PUBLIC COMMENTS 01L67= 7. AGENDA ITEMS A. Joseph Branca Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision BOARD DISCLOSURES None. STAFF PRESENTATION Kori Benton, Assistant Manager, Planning presented the variance request to first allow for an existing pole barn to encroach 10.7 ft. into required 15 ft. rear yard setback, and; to allow for an existing 10'x10' metal 2 1 p„ Page 4 of 57 Board of Adjustment Wednesday, October 28, 2020 9:30 AM shed to encroach 14.3 feet in the required 15-foot rear yard setback, and encroach 5.2 feet into the required 7.5 foot side yard setback. Public Notices, Aerial Map, Zoning map, Boundary Survey, Pole Barn detail, Mail in notice responses were all presented. Staff recommend denial as per strict interpretation of the LDC. BOARD DISCUSSION Mr. Mencer inquired about the pole barn and shed request. Mr. Benton replied that applicant are requesting to retain both. Mr. Mencer also requested the total acreage of property. Mr. Benton provided that total to be 1.04 acres in size. Mr. Griffin inquired when the shed was built. Mr. Benton replied that the applicant acquired the property with the existing shed. The pole barn was built by the applicant when property was acquired. Mr. Griffin inquired about the dimensional standards of the LDC. Mr. Benton stated it would most likely be 1990. Katherine Barbieri, Assistant County Attorney, clarified that it was about 30 years ago and that it does not make this property non -conforming. Chairman Lowe clarified that the pole barn was built by the applicant and the shed was pre-existing. APPLICANT PRESENTATION Joseph Branca, 4960 Conley Place, Fort Pierce, FL 34951. Mr. Mencer asked about the reason the pole barn was built without a permit. Mr. Branca stated he was not aware and that the hardship is with the cost of the demolition of the pole barn. BOARD DISCUSSION Mr. Griffin inquired about the age of the shed. The applicant replied he does not know. Mr. Griffin inquired about the affidavit for neighbors to the north. The applicant responded that he did not have affidavits signed on the shed as the shed came up as a required variance later on in the process. Chair Lowe asked if the applicant designed the pole barn. Applicant replied that he did not, that it came with a kit. Mr. Lowe inquired about the slant of the pole barn. Applicant replied that he did not have a survey of his property to know where his property line was. It was parallel to the county fence. Chair Lowe inquired if he realized that he needed a permit. The applicant responded that he did not. Mr. Lowe inquired if the property has septic and well. The applicant responded that it is connected to County. PUBLIC COMMENT None. BOARD DISCUSSION Mr. Tommie inquired about responses that were not in favor from surroundings for variance from neighbors. Mr. Benton stated that the responses were mailed in. Mr. Griffin inquired about the response for a specific respondent that was a response in opposition. Presentation reflects 21 in opposition 7 in favor responses. Mr. Griffin inquired if the applicant followed up to request a permit from building department and if it was inspected. Mr. Benton responded that he suspects that building has not inspected shed. Chairman Lowe, reiterated that the relocation of the shed was acceptable to the applicant. Ms. Barbieri responded that the board as authority to make reasonable conditions for the shed. Mr. Mencer stated his concerns regarding setbacks and not obtaining permits originally. Mr. Griffin asked if the pole barn is on a concrete slab. Mr. Benton replied he believes its shell rock. Ms. Barbieri added that the board may choose to approve the variance for the pole barn with reasonable conditions and deny the shed. Mr. Tommie inquired regarding the presentation of the variance request. Mr. Mencer inquired if he motioned to approve but conditioned for applicant to comply with setbacks. Ms. Barbieri responded that would be equivalent to a denial because a variance is not required for complied setbacks. Mr. Tommie inquired if variance is approved the applicant wouldn't have to obtain the permit? Mr. Benton replied that if approved the applicant can proceed with building permit request to obtain the permit and have building inspect both structures. Mr. Mencer withdrew his motion. 3 1 p„ Page 5 of 57 Board of Adjustment Wednesday, October 28, 2020 9:30 AM MOTION Mr. Griffin moved to deny the shed variance as it violates the Land Development Code . Mr. Griffin motioned to approve the variance for the pole barn with conditions for mitigation to get it permitted and inspected with the county with appropriate fees. Mr. Tommie seconded. RESULT: APPROVE MOVER: Board of Adjustment Council Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: Bob Lowe, Alexander Tommie, Kevin Griffin NAYS: Stewart Mencer EXCUSED: None B. Richard James Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION Tahir Curry, Associate Planner, Planning, St. Lucie County, Florida made presentation of the variance. The request is to allow construction of a screen enclosure 0.5 feet within the required minimum 15-foot rear yard setback and existing 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet into the required minimum 15-foot rear yard setback. Public Notification, Aerial Map, Zoning District Map, Survey, Photo of existing conditions, Mail Notice Reponses 6 responses in favor. Staff recommends denial of the requested variance as per strict interpretation of Land Development Code. :i0L1ilk] 019]6Y41111*11Is] ►1 Chairman Lowe, inquired regarding placement and details of the enclosure. Mr. Curry responded that it will go on top the existing wall, has a roof and shed will remain. Mr. Tommie inquired if the wall can support the weight of the screen enclosure. Mr. Curry responded that the screen is going on the wall but the truss will remain the same and is not going to affect the wall. Mr. Mencer inquired if current wall was previously approved by a board. Mr. Curry responded that it is. Mr. Tommie asked the number of feet the enclosure was from property line. Mr. Curry responded 0.5 feet from property line. Mr. Griffin asked if home was built before 1984. Mr. Curry responded that the home was built in 1968. APPLICANT PRESENTATION Richard James, 4017 Greenwood Drive, Fort Pierce, FL 34982. The applicant explained that 4 1 p„ Page 6 of 57 Board of Adjustment Wednesday, October 28, 2020 9:30 AM because of the location brings forward gnats and mosquitoes are a hardship for the applicant. BOARD DISCUSSION Chairman Lowe inquired regarding view obstruction from the home. The applicant responded only the existing wall for back neighbors view. Mr. Griffin inquired if responses were received. Mr. Curry replied that 6 responses in favor were received. No objections. PUBLIC COMMENT Madame secretary read virtual comment into the record. Sandra & Marvin Bethune, 1806 West Boothe Drive, Ft. Pierce, FL 34982. Greetings this email is sent to opine on the variance request for Richard James BA-8202025830 regarding the rear yard set back. We have no issues with the requested variance at 4017 Greenwood Drive, Fort Pierce. We trust this email will suffice. Thank you, be safe and be Blessed; Sandra & Marvin Bethune, 1806 West Boothe Drive, Ft. Pierce, FL 34982. BOARD MOTION Mr. Griffin motioned to approve the variance with the condition of the acquiring required permits for the enclosure so that it does not further encroach the setbacks. Seconded by Mr. Mencer. RESULT: APPROVE MOVER: Board of Adjustment Council Member Kevin Griffin SECONDER: Stewart Mencer AYES: Chair Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None 8. OTHER BUSINESS None. 9. ANNOUNCEMENTS Mr. Mencer wanted to express gratitude to staff for the Workshop. Chairman Lowe was in agreement and shred his gratitude. Chairman Lowe inquired about whether or not there will be a November meeting. Linda Pendarvis, Planning Manager, Planning, St. Lucie County Florida responded that there will be a BOA meeting held November 18th. We will have a variance and possible appeal. 5 1 III: �:: p„ Page 7 of 57 Board of Adjustment Wednesday, October 28, 2020 9:30 AM Mr. Tommie inquired on the appeal and variance. Ms. Pendarvis responded the appeal is a county administrative decision. 10. ADJOURN Motioned to adjourned by Chairman Lowe and Seconded by Mr. Tommie at 10:40 am. 6 1 p„ Page 8 of 57 S51�o' L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Lot 31 Watersong Variance BACKGROUND: ITEM NO. (ID # 2020-50642) DATE: 11/18/2020 RES NO: BOA-2020-013 Petition of Mario Arbucci for a Variance from the minimum building setback requirements in the Watersong PUD for a proposed single-family residence to encroach 13 feet, respectively, into the required 40 foot rear yard setback for the property located at 4800 Watersong Way, Fort Pierce. PREVIOUS ACTION: N/A RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 9 of 57 41�01X ljlllr� Date: November 13 2020 Linda Pendarvis, Planning Manager Katherine Barbieri, Assistant County Attorney III Date: November 16, 2020 Page 10 of 57 PLANNING T DEYELOPM]ENT S]ER'VIC EIS ' . BOARD OF AD JTJ STMENT J1 MEMORANDUM TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: November 12, 2020 SUBJECT: Petition of Mario Arbucci for a Variance from the minimum building setback requirements in the Watersong PUD for a proposed single-family residence to encroach 13 feet, respectively, into the required 40 foot rear yard setback measured from the 1978 Coastal Construction Control Line (CCCL) for the property located on South Hutchinson Island at 4800 Watersong Way, Fort Pierce. ITEM NO.: 7.A. (2020-50642) Applicant: Mario Arbucci 4832 Watersong Way Fort Pierce, FL 34949 Location: 4800 Watersong Way, Fort Pierce, FL 34949 Parcel ID Number: Project Size: Zoning District: Future Land Use 2532-500-0045-000-2 0.12-acres PUD (Planned Unit Development) RU (Residential, Urban) Purpose: The purpose of this variance is to allow for a maximum 13-foot encroachment into the minimum 40-foot required rear yard setback measured from the 1978 Coastal Construction Control Line for a proposed single-family. Existing Use: Undeveloped Property Utilities: Fort Pierce Utilities (FPUA), Water St. Lucie County Utilities (SLCU), Wastewater Page 11 of 57 (2018) Site Aerial The applicant, Mario Arbucci, is requesting a Variance from the minimum building setback requirements, as approved by the 2003 Watersong Planned Unit Development (PUD) Site Plan, for a proposed three-story, single- family residence to encroach 13 feet, respectively, into the required minimum 40 foot rear yard setback measured from the 1978 CCCL. The development regulations for the Watersong PUD requires principle structures to be 40 feet from the 1978 CCCL. This 40' rear yard setback is designated as an accessory use area. Permitted accessory uses include pools, decks, and screen enclosures. The undeveloped subject 0.12-acre corner lot is located on South Hutchinson Island at 4800 Watersong Way, Fort Pierce. The subject property is zoned Planned Unit Development (PUD), with a consistent RU (Residential, Urban) Future Land Use designation. August 14, 2020, the applicant received a Consultation Letter for the subject development, issued by the Florida Department of Environmental Protection (FDEP), stating that "In general, structures should be located as far landward as practicable to the local front yard setback....". August 20, 2020, St. Lucie County provided a Letter of No Objection to the Florida Department of Environmental Protection (FDEP). The letter was based on a review of a conceptual site plan with the assumption that the eastern segment, depicted on the conceptual plan, was a balcony projection and not the foundation and/or structural walls of the single-family residence. September 28, 2020, FDEP issued a Notice to Proceed and Permit for Construction and Other Activities for development seaward of the 1988 Coastal Construction Control Line (CCCL). Page 12 of 57 Background The Environmental Resources Department (ERD) is in receipt of the October 21", 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum building to rear property line setback of 40-ft, which was originally specified in the PUD's approved master site plan from 2003. The proposed rear property line setback would measure 27.1-ft. The subject site consists of a vacant 0.20-acre lot (Parcel ID 2532-500-0045-000-2) located at 4800 Watersong Way in Fort Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts as the lot has been previously filled and impacted. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The variance does not arise from conditions that are unique and peculiar to the land and physical surroundings and is not the result of an unnecessary hardship for the property owner as distinguished from a mere inconvenience. The applicant has still not demonstrated a special circumstance. The conflict is created by the actions of the property owner who desires to construct a single-family residence on Lot 31 in such a manner that it will encroach within the 40-foot rear yard setback measured from the 1978 CCCL. The subject property has no unique environmental conditions, nor are there any known regulatory conditions that would prevent the single-family residence from being placed in such a manner that would comply with the approved PUD Site Plan. The snapshot below shows the potential shift of the single-family residence satisfying the minimum setback requirements. Page 13 of 57 Exhibit 1: Proposed vs. Setback Compliant Building Footprint 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase thedanger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The surrounding properties are all within the Watersong PUD and are subject to the same setback requirements. The approved Watersong PUD site plan requires all single-family residences located on Ocean Front Lots to be setback a minimum of 40 feet from the 1978 CCCL. This Variance will allow this home to be placed farther east than the existing homes and future homes to be constructed thereby possibly obstructing the view and property values. The granting of the requested variance is not expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. Upon the permitting process, the single-family residence will be required to meet all applicable building and fire codes. The Watersong Architectural Review Board (ARB) has submitted a letter of support for the subject Variance request. The Watersong PUD consists of 45 second tier lots and 44 ocean front lots. The lots are compact in nature and accessed via an internal private roadway. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not the minimum needed to make possible the reasonable use of land, building, 4 Page 14 of 57 and structures. It is the action of the property owner to design this three-story residence in a manner that does not comply with the minimum rear setback established by the approved Watersong PUD Site Plan. The property owner has not demonstrated any encumbrances that would limit the ability to shift the placement of the home, to comply with the minimum setback requirements. The proposed front setback is greater than the minimum required by the PUD and could be shifted in the southeastern direction. As per the August 2020 FDEP Letter of No Objection, by not locating the structure "as far landward as practical, it is contradictory to the consultation and recommendation. Minimum Dimensional Requirements — Ocean Front Lots (Lots 31-75) Setbacks Ocean, Front Lod (Lois 31-75) Approved Proposed Front 10, 15.5' Setbacks Side 6' 27.3' (south) 12.6' (north) Rear 40' 27.1' Exhibit 2, below, presents the proposed building footprint and reduced rear setback in comparison to the approved PUD dimensional criteria for ocean front lots. Rxhihit 2: Prnnosed vs_ Anrn•oved Ruildinu Fnntnrint ` � J COASTAL CONSTRUCTION CONTROL LINE G LS { " 27.1' 0' .. .... I C2 q " « ____ ACCESSORY I ' � 40' REAR USE AREA W SETBACK c ' ' v 0 c UJ r { p � I I � a 2$ x r'd, 6 C3) G G5 � MINIMUM V BUILDING fl ENVELOPE 2,156 S.F. C" SIDE— 6' SIDE rm� I SETBACK 10" FRONT SETBACK w, SETBACK 4+%G6ai '0 nwq ar 661tK OCEAN FONT LOT DETAIL 5 Page 15 of 57 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). Pursuant to LDC Section 7.01.03.C, Planned Unit Developments establish their own minimum building setbacks for structures at the time of Preliminary and Final Development Plan approval. Planning staff does not find that a 13-foot encroachment into the required 40-foot rear yard setback is consistent with the purpose of the approved site plan and FDEP letter. This variance conflicts with the adopted zoning standards approved by the Board of County Commissioners. Authorizing an exception for one home would set a negative precedent and potentially allow other variances for setback encroachments in this subdivision, as it is predominantly undeveloped at this time. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02.; therefore, Staff is recommending denial of the requested variance. Page 16 of 57 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF MARIO ARBUCCI FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE WATERSONG PUD FOR A PROPOSED SINGLE-FAMILY RESIDENCE TO ENCROACH 13 FEET, RESPECTIVELY, INTO THE REQUIRED 40 FOOT REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 4800 WATERSONG WAY BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF MARIOARBUCCI FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE WATERSONG PUD FOR A PROPOSED SINGLE-FAMILY RESIDENCE TO ENCROACH 13 FEET, RESPECTIVELY, INTO THE REQUIRED 40 FOOT REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 4800 WATERSONG WAY BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 7 Page 17 of 57 p OROS 111:k>0 0 s p v 0 W I a - y- Jm -t- I -ole- "w Ir ir v gy o UK Hio, so? SRI MRru I& I N. 01 1. M. 1 up sm e" OR CERTIFICATIONS MARIO ARSUCCI COASTAL CONSTRUCTION AND DESIGN, INC. E-13 -in I j ........... RNOLD SURVEYING, INC ......................... L MWENIOU1 SURVET010 & MAPPM . . ..... ..... 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Page 24 of 57 I M Ilk A acm MW FM A PRWATE RESEDENCE =Q.n 0 E Jame's Hushouse, Page 25 of 57 A QATW P= FM IlliflA PRIVATE RESIDENCE a 0 21 m as ftushouse,,lno—, ELEVATIONS Page'26 of 57 (NaNiT) 89 DQWAOlVOV ST. LUCIE COUNTY Servims, Planning & Development Services Department CT 2 12020 Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 RECEIVED bgpL//www.stlucieco.oAr�/la DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment, Submittal Tvve rcheck each that applies Site Plan Rezoning 3 El Major Site Plan El Rezoning (straight rezoning) n Minor Site Plan n Rezoning (includes PUD/PNRD/PMUD) Li Major Adjustment to Major Site Plan Ei Rezoning with Plan Amendment Ej Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 0 Major Adjustment to PUD/PNRD/PMUD El Future Land Use Map Change q Minor Adjustment to Major Site Plan El Comprehensive Plan Text Amendment El Minor Adjustment to Minor Site Plan 0 Minor Adjustment to PUD/PNRD/PMUD Planned Development D Planned Town or Village (PTV) El Planned Country Subdivision (PCS) ii Planned Retail Workplace (PRW) o Prelim. Planned Unit Develop. (PUD) Ei Prelim. Planned Mixed Use Develop, (PMUD) n- Prelim. Planned Non -Res. Develop. (PNRD) o Final Planned Unit Develop. (PUD) [I Final Planned Mixed Use Develop, (PMUD) 0 Final Planned Non -Res. Develop. (PNRD) Conditional Use' * Conditional Use * Major Adjustment to a Conditional Use Ei Minor Adjustment to a Conditional Use Variance 2 El Administrative Variance Variance Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other 0 Administrative Relief El Class A Mobile Home 5 E) Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants El Extension to Development Order n Historical Designation/Change 6 Ei Land Development Code Text Amendment 7 0 Plat E:1 Post Development Order Change El Re -Submittal #_ 8 Ei Shoreline Variance El Stewardships — Send ing/Receiving El Telecom Tower (Submit per LDC 7.10.23) Fi Transfer of Development Rights Ei Waiver to LDC/Comp. Plan Requirements 9 11 Appeal of Decision by Administrative Official" Ei Eminent Domain Waiver" Application Supplement Packaaes 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp, Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 27 of 57 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: V Az) (kk Al e- Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: ❑ CONCURRENCY FEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER (A) $ (B) $ (C) $ (D) $ (E) $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3'd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire is ict and proof of payment will be required prior to project approval. Pre -Application Meeting "AlbRequ 8 v� Applicant Name (Printed) Sign re of applicant (For office use only) INTAKE REVIEWER -SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File #: Receipt #: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 28 of 57 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map --- property outlined (electronic copy not required) ❑ Survey (24x36) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5,08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey (2436) — Signed and Sealed (12 originals) ❑ Topographic Survey (2436) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 29 of 57 Project Information Project Name: oz: X-1 Site address: Parcel ID Number(s): Legal Description. (Attach additional sheets if necessary — also must be provided in MS Word format on CD) WAFEIX'-.SOMe, PP29 Pz,.X7-`NZ). CWE7 r 1-3 2— 3 4"Y L .1 Property location — Section/Township/Range: Property size — acres: -a 2 lqe-Ar-- Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): El Commercial Total Square Footage: Existing EI Industrial Total Square Footage: Existing D Residential No. of residential units: Existing No. of subdivided lots: Existing El Other Please specify: Number and size of out parcels (if applicable): Proposed: Proposed: Proposed: Proposed: Page 4 of 6 Revised March 15, 2016 Page 30 of 57 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Name: AJ&)o fibI16.01) Name: U -7 Address:/ o 3 A- w, Address: L (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: %= Phone: Fax: Fax: Email: 13 1) d, ("4 J CAell,-1 � 9 1- Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement ill not be considered complete without the notarized signature of all property owners of record, w ich shall serve as an acknowledgment of the submittal of this application for approvo). /Yhe property owne ig ature below shall also serve as authorization for the above applicant or agent t7wo/50n,136fialf of said rt owner. -Z L V L Property Owner Signature Property Owner Name (Printed) Mailing Address: Phone: 2- 2 6 0 If more than one owner, please submit additional L lt�44 elE-- F*Z1 '19 9 pages STATE OF R c) n'dq , COUNTY OF Si, (LC The foregoing instrument was acknowledged before me this day of 10 20 Q0 by_MGri' n fir bQ CCI who is personally known to me or who has produced cy, V1 as identification. Signature of Notary Type or Print Name of Notary NADEGE M. PIERRE C mmission Number (Seal) ,,41 EXPIRES: Apd 2,2023 WXWThru!o!gpubuc Page 5 of 6 Revised March 15, 2016 Page 31 of 57 Required Document Namina List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchEiev. df Boundary 1 Topographic Survey PDF BoundaryTopo.pdf Drainage 1 Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact PDF or Word EIR. df or EIR.doc -Report Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. pdf Site Plan PDF SitePlan. df Traffic Impact Re ort PDF or Word TIR. pdf or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliit . df Vegetation Removal Application I PDF Ve etation. df Page 6 of 6 Revised March 15, 2016 Page 32 of 57 Variance Application Supplement 2 Answers 1. The variance I seek is to alter the rear setback from 40 feet to 27 feet. This will not lengthen the structure but, add some additional space in the front setback area. 2. The purpose of the variance is to move the home back for a more reasonable utilization of the subject property. 1 A, The larger (than any other Watersong lot of this type) comer lot is hindered by the radius of the private Watersong road making the center placement of the home impossible without reducing the rear setback. B. The pending development of "Tract B to the no side of the property has already been given approval for permitting with a 20 foot rear setback from the FDr3P. This site plan will be submitted to the County soon. When the adjacent home in "Tract B" is constructed the home will impact this property. C. The County property appraiser values this property at 25% higher value for tax assessments than all other Watersong lots of this type. Without this variance this lot has nothing more of value to substantiate this assessment. 4. A. My purpose for choosing this lot was to place my home further from my neighbor to the south. The variance is needed to do this. B. All other Watersong lots of this type are about 40 foot wide and 130 feet long, rectangular in shape and have the private road on just the front side. The Subject lot is the only lot of this shape and size and has the private road rounding one front comer. C. The I'DEP shore study is what initially determines what rear setback is possible. The shoreline study at the north side of Watersong where the subject property is located allows for a 20 rear setback. Watersong as a whole and to have just one rear setback needed 40 feet. That is why this was used in the lot detail on the RIJ.D.. Watersong "Tract B" shows a planned setback of just 20 feet. 5. A. Ibis variance presents no impact to the Watersong community. As a point of fact, there is already a borne located at. 4844 Watersong Way (Lot 42) at about the same setback as this variance request. B. My neighbor to the south currently has a home just 12 feet away on his south side. This variance will put n-ty home 1.3 feet further back but, he will get the benefit of 34 feet between our homes, G. This variance will cause no increase to traffic, danger of fire or impair property value. It will. improve the fire departments ability to combat a fire to both the subject property and the neighboring property by allowing more space fear fire trucks to access them. 7. The designed home within the allowed square footage and the placement is in excess of the other three setbacks with the exception of the front right corner because of the radius of the road. The placement of the home shows reasonable use of the land 8 '11is is the same model home built several times already in the community of Watersong. It is consistent with all their architectural guidelines. It has no negative impacts on the I. or St. Lucie County Comprehensive Plan. 9. Yes. 10. Watersong.l.forneowners Association, inc.. 11. Yes. A letter from the Watersong IIOA approving it is attached and signed by the Board president. 11 A letter flrom the Watersong POA approving it is attached and signed by the Board president. 13. It should also be noted that this planwas submitted and approved by Zoning on 8/20/20. See "Letter of Local Approval". Legal Description Lot 31 Watersong RU.D. Plat No. One, according to the maps or plat thereof as recorded in Plat Book 42, Page 34, Public Records of Saint Lucie County, Florida. Page 33 of 57 I` I AAS M 41 f �'.% 0 *'J Z.3 Vilt bAJuk% AAqnq wt.uz zi.ui, twaorcica uije,,.L/zu;dij tj: I yK L)OC TAX! $39SS.0o llfls Qocuintva Ptopswed fly and Reaur w� Chr6slop1w J,'Twolwy, PA 844 S13 Ocean ad SURC A Stourt, OmWo 34994 POWITDN-mb— 2532-11"-0645-0002 hi v 1040were, dw4 seals 3wh de W' JWy Ano All B"w"n Nrwhorws4). Wrnwu aiiii, ixAm-y oMomof VWrW& BUOnAubweel wjiwfit,, #%Mro,.ojjsz -4832 Watersang W)%, Fwa PjgM,ar, pl, t4q4q of,014 Cooney or 811lnv 1,41'ew Stoic of F'forldm witivessuch IIPM the nRANjY))t' for 44sd Ntw offlj't 'U", Of IMN OULLAns win) and otha good and VOIUMAV C=1WvM6H to ORANTOR in kesid pahl try 4;dRvt1%,V[Gr4,, the rv.,dipt wheveor 4 hwdty 40010"0144904- k0l OMMIA bwIMMA aml W to Av obt ORANTER and GKANTF' R,S Mill, ftuccellots IN ftw1psit f*MWN R MO wWwk4ft 010*00'Radd W& SAW dY'htv wid tmw% In the Couwx of 'Aw4ko Itwcw on W"wwx to "ic AA1 J111, w"Iffroome PALV. plat Nwt, Ono. Actordles to the xuap ov plint, thoprout'as teewdud N Inni Doak dl P090 14, VUbHv Near& of skint Lucie ("'ounty. MOW RUWKCTTQ C','raxax Vor live Ivar ZU20. and N " mbsequent yemn� 1® Rowal M11=66tot, prahlbillwot und u0sur rkispoh,vonvoos 3" UnJ i141nums up"admil On Ow POW 01" 0%1M'w$&0 VOMMOrw 00 14v 30WAIVItNipa; opid 4, Viobtle 134flity eavernowt of p4wakd' if okqy, dawe p"Opn0y, herilin (;(Onrove. yod D(A-"S NOT umv=u Me f(ONPIRS11"iAr) proporiy oraste OrAwntor. The CrAntor'o U10?4 ITSTRAD n0bess is I S44 6 YV Snhd Ambews Ch, F%h" Cy pl,. 3490. ood Gao im,untior dat4w� howtW AAW wanmi &a Sk ko add Im"L and vwM defwW ohm zmnv yaw lawRA clAn, afan pwomys WN00,01104VA01', "WHOWNY'VV110M)t Qb Vwmr M"Mono see Wmnd and vvM Ow dW md "m Vvu Mom wMpaill, W, "alt'd mad wdod www it In wit eves we"", 4 9 A'�... . .. ...... . . .. . ... mawdu pro, Siaiv'"dwf Florida County of 1"Ailill 11te f0fogabig, VqZ'301#014 1W j�,( R1 phyxNA1 peukunrvi isA . . ... nowmetwN ou a 4 V 4" of my tq W1 Nkhmn 01 hollmll f 40 MwInIces MODFINI its$ 6 VAR RAMIR I Printod Nnew Nowy PA0C , Ell) 1"Ay K0 Page 34 of 57 C/O Campbell Property Management 525 NW Lake Whitney Place, Suite 202 Port St. Lucie, L. 34986 MEIRMEHIM lJOI-M. 3 M E M =* The Watersong ARB has approved your variance for a 27 foot rear setback for your home being built on lot #31, 4800 Watersong Way, Fort Pierce, FL. 34949. Please contact Rodney Vick, Campbell Property Management, with any questions regarding this matter. (772) 218-5405 =4= Watersong property Owners Associati 525 NW Lake Whitney Place, Suite 202 Port St. Lucie, FL 34986 1 Page*wR7 STATE L 1 COUNTY OF St. Lucie Mario r i being first duly sworn: w 1. 1 am the owner or the agent for the project knowns Lot 31� w t r o for the following petition: File No.-BA-10202025867 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.. of the St. Lucie County Land Development Code for the 1111812020 public hearing to be conducted by the SLC Planning Divison on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division o 1 following required cu t do is attached: A. Dated Photo submitted electronically (Close up) X B. Dated Photo submitted electronically (Distant) X Further affiant sayeth not. Sl nay alit STATE VFL COUNTY OF S� Thy foregoing instrument was acknowledged before me this day of „1 J0\e_"bI64/_. 2020 by 'Atnrnri��r_pN La Saitl person is personally known tome, - a driver's lirianaa kci,iarl kv a cfnfa of tho I Initad Cfnfac within +ho Inc* five MI vcdre me Public Hearing Date: Wednesday, November 18, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Mario Arbucci 4832 Watersong Way Fort Pierce, FL 34949 Proiect Location 4800 Watersong Way Fort Pierce, FL 34949 Future Land Use RU (Residential, Urban-5 du/ac) Zoning District PUD (Planned Unit Development) Stairs Recommendation Denial Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org 0 Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The petitioner has requested a Variance from the minimum building setback requirements for LOT 31, an ocean front lot, in the Watersong Planned Unit Devel- opment (PUD) for a proposed three- story, single-family residence to en- croach 13 feet, respectively, into the required minimum 40 foot rear yard set- back. This 40' rear yard setback is desig- nated as an accessory use area. Acces- sory uses shall include pools, decks, and screen enclosures. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend are encouraged to wear masks or similar devices, which cover the nose and mouth. If residents are concerned about COVID -19 or have health concerns, please refrain from coming to public meetings in person. You can contact Bethany Grubbs, Project Manager, via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: Gii Ili or Email:.Ilntullllu; a>pnuini llllluua uw? a a gµ'i Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Date Mailed November 6, 2020 Page 39 of 57 PLANNING AND DEVELOPMENT (77 ;J 1 � SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)_stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Public Hearing of Mario Arbucci's request for a Variance from the minimum building setback requirements for Lot 31, an ocean front lot, in the Watersong Planned Project Unit Development (PUD) for a proposed three-story, single-family Description: residence to encroach 13 feet, respectively, into the required minimum 40 foot rear yard setback. This 40' rear yard setback is designated as an accessory use area. Accessory uses shall include pools, decks, and screen enclosures. Project Location: F4800 Watersong Way, Fort Pierce, FL 34949 LOT 31 — Watersong PUD Current Zoning: PUD (Planned Unit Development) I File No: BA-10202025867 If you wish to comment, please check only one of the three following statements and return no later than Monday, November 16, 2020. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. Page 40 of 57 ParcallD , Cuo1LastNamei Cuo1FirstNama,' Cuo2LastNume Cu02FirutName . C.uMtrood CuMtrost2 Cu4City Cuostate CuoPostali 2532-500-0053-000-1 Amucci Mario 4832 Watersong WAY Fort Pierce FL 34949 2532-500-0051-000-7 Amucci Mario 850 NW Federal HWY Ste 461 Stuart FL 34994 2532-500-0016-000-0 Baigorria Gabriel Omar Mazzarolo Gloria Andrea 13920 SW 14th ST Miami FL 33184 2532-500-0017-000-7 Caruso Jean Sidey Wayne B 17 Beach AVE Patchogue NY 11772 2532-500-0049-000-0 Clausen Maura N 400 Main St Ste 202 Stamford CT 06901 2532-500-0025-000-6 Delsol Isaias O Delsol Sarah A Two Aces Holdings 17225 S Dixie Hwy Ste 200 Palmetto Bay FL 33157 2532-500-0050-000-0 Destache Connie L 1607 Hagler Blvd Lake Park FL 33403 2532-500-0046-000-9 Ferrero (TR) Michael J 6601 Lyons RD Ste Cl Coconut Creek FL 33073 2532-500-0024-000-9 Green Jr (TR) Gilbert J 3244 S Emerald Ave Chicago IL 60616 2532-500-0014-000-6 Hutchinson Oceanside Investment LLC % Hiten Patel 220 Barden Rd Bloomfield Hills MI 48304 2532-500-0045-000-2 Iannotti Nicholas O 1544 SW Saint Andrews DR Palm City FL 34990-2236 2532-500-0023-000-2 Kabler Gail 4833 Watersong Way Fort Pierce FL 34949 2532-500-0055-000-5 Kern Sheri D 12737 S Indian River DR Jensen Beach FL 34957 2532-500-0057-000-9 Lopiccolo (TR) Susan 11 Sage CT Middletown NY 10940 2532-500-0054-000-8 Marchesani (TR) Mark S Marchesani (TR) Cathy Mary 334 Vizczayz Or Palm Beach Gardens FL 33418 2532-500-0021-000-8 MILK LLC 103 Lands End Rd Wilmington DE 19807 2532-500-0058-000-6 MLR REALTY GROUP LLC 18764 NW 89th CT Miami Lakes FL 33018 2532-500-0015-000-3 Moniblog 2402 Inc 5805 Blue Lagoon DR Ste 200 Miami FL 33126 2532-500-0018-000-4 Potts Thomas J Potts Rosemary N 1679 Waterglen Or West Chester PA 19382 2532-500-0022-000-5 SAMGE LLC 483 18TH ST # 3315 Miami FL 33132 2532-500-0011-000-5 SOUTH FLA WATER MGMT DIST ATTN: Land Management PO Box 24680 West Palm Beach FL 33416 2532-500-0056-000-2 Tossas-Ruiz Ezer Tosses Linda 6910 Appaloosa TRL Southwest Ranches FL 33330-3813 2532-500-0047-000-6 Wagner John W Wagner Jodi 4808 Watersong WAY Fort Pierce FL 34949 2532-500-0048-000-3 Wagner John Wagner Jodi 837 NE Bay Cove ST Boca Raton FL 33487 2532-500-0001-000-2 Watersong POA %The Sunrise Companies 1061 E Indiantown Rd Ste 200 Jupiter FL 33477 2532-500-0013-000-9 Watersong POA Inc 543 NW Lake Whitney PL Ste 101 Port St Lucie FL 34986-1604 2532-500-0020-000-1 Willson Thomas Willson Barbara 2840 NW St Lucie Lin Stuart FL 34994 2532-500-0019-000-1 Wolff Fatima Wolfe Eric 1040 Biscayne BLVD Apt 2405 Miami FL 33132 Mail Out.)ds Page 41 of 57 N f► +,, 0 U- co N Q OJ U � U 0 `2 0 N ♦i/ O coo Y/ L. N Q) _ N m c> CD N day o pr c� a_ O i ate�s°�g a 5 ocean► QM m � � J a� m � Q - O U > a O r- 0 O_ U) a-• � O > 70 L O N O O C- U m O o N 0 � QC U U n ;, Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road h, W—N-0 Tallahassee, Florida 32399-24ai'l., Vratersong c/o Darwin Stubbs, P.E. lzimi ix"r & Qtubbs Engineering, Inc. 649 US Highway 1, Suite 9 North Palm Beach, FL 33408 Dear Mr. Smith: Xlff�� Noah Valenstein Secretary Via E'lectronic Transmittal CNS File Number: CNS-SL-0085 Property Owner Name: Watersong (Phase I) Location of Subject Property: Between 188 feet and 248 feet south of Department reference monument R-64, in St. Lucie County Project Address: Lot 31, Watersong Way, Fort Pierce. This is in response to your email dated July 29, 2020 requesting comments on the permitting requirements for a single-family residence seaward of the Coastal Construction Control Line (CCCL) at the subject property. The following information was submitted to the Department along with the letter: Survey from Arnold Surveying,Inc. dated 7/3/2020, a proposed site plan sheet C I from James Bushouse, Inc. dated 7/13/2020, and an aerial Exhibit I from Erickson Engineers, Inc. dated January 2011. Pursuant to subparagraph 62B-33,005(3)(a), Florida Administrative Code, the Department may not authorize any construction. or activity whose cumulative impact will threaten the beach and dune system, dune vegetation, or its recovery potential following a major storm event. The extent of encroachment of a structure seaward of the control line is determined on a site -specific basis. In general, structures should be located as far landward as practicable to the local front yard setback !W sufficient distance landward of the dune crest or dune bluff to allow for natural dune processes to occur. The lines on construction as proposed for major structures and ancillary (i.e. minor) structures on the Site Plan received with your July 29 letter appear acceptable because they appear to match the lines for similar structures for Phase I of the development to the imi-nediate south, which was previously approved by the Department. The line of construction for major structures varies from 165 feet seaward of the CCCL on the northernmost lot 31 (per email but listed as 47 on the exhibit). This distance should be verified with a survey. The proposed distances on Lot 3 1 shown on the site plan page I are acceptable and within the line of construction. These comments are based upon the information provided and represent my assessment. You are also advise,41 that you must meet all the requirements of Chapter 62B-33, F.A.C. This consultation does not constitute th@ approval of the Department-, shall not bind the staff, the Division, or Secretary; and shall not relieve any person Page 46 of 57 H M- Page 47of57 FUNIMMUNM Mlva�# � c/o Darwin Stubbs, P.E. Isiminoer & Stubbs Engineering, Inc. ramMINJIM M - M ILI Med ITO, ®rmim. NO now-= IMMUM R9101 ft The proposed major structure(s) is to be located landward of the 30-year erosion projection and the existing line of construction established by major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities P" ON." "_WW 711"TUSO 1111,,#1dAJS Lill UIC *CUC1lhtUJJC UIVUS Of LlXMtJdUCllL voFol�- impact nesting sea turtles, their batchlings, or their habitat; that the work is expendable in. nature and/or is i appropriately designed in accordance with Section 62B-33.005, Florida Administrative ("ode. The direct awo "., * walw". W1; "M .J�.UMJCI MIMI *1 UIC 'firoposeft L;UlJSLrtULlVl1 re "CL Lilt: 11JUX111MIll �5JMI 1111,fUCLS LHUL kile aUCIOPLUOIC L.111 111C Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward of, or increase the shore -parallel coverage occupied by, the proposed structures approved pursuant to this pen -nit. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes. 11111111MUS Ion MMIUF� Pa�ge J)f 57 PERMITTEE: Mario Arbucci PERMIT NUMBER: SL-369 PAGE 2 1 Exterior dimensions: 77.67 feet in the shore -normal direction by 30 feet in the shore -parallel direction. Excavation/Fill L Total volume of excavation: Approximately 82.5 cubic yards. Volume of net excavation: None; excavated material to be placed as fill. on the project site, See Special Permit C ondition 3. • 4' Volume of fill. to be placed: Approximately 399 cubic yards, including 316.5 cubic yards of imported fill. See Special Permit Condition 4. 5. Location of fill to be placed: From Ofeet to 170,22 -feet seaward of the control line, SON 1 Landscaping planting is to be located up to approximately 1. 8 5 feet seaward of the control line, See Special Permit Condition 6. 1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Sydney Wilson at (561) 681-6675 to schedule a conference. Page 49 of 57 sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative of the Department during the preconstruction conference for 5. Prior to completion of construction activities authorized by this permit, the pennittee shall plant a mix of a minimum of three native salt -tolerant species to restore the frontal dune and any disturbed areas seaward of the authorized structures. Dune restoration plantings shall consist of salt -tolerant species indigenous to the native plant communities existing on or near the site or with other native species approved by the Department. Sod composed of non-native grasses is not authorized seaward of a major structure or decks. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of Category I and. 11 Invasive Species. 6. All lighting shaIl be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. 7. Porraittee shall submit compliance reports as specified in Special and GeneralPermit Conditions of this permit. General Pen -nit Conditions l(q) and l(r) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. The forms for the reports: I (q) Foundation Location Certification (DEP Form 73 -11413) and 1. (r) Final C ertification (DEP Form 73-11513) are available at the website: h //www, d /beaches/`,fornis.fitti,t#CC(.'I,,. Each form may be submitted electronically. GENERAI, PERMIT CONDITIONS: (1) The following general permit conditions shall apply, unless waived by the Department or modifi by the permit: (a) The permittee shall carry out the construction or activity for which the permit was granted accordance with the plans and specifications that were approved by the Department as part of the permi Deviations therefrom, without written approval from the Department, shall be grounds for suspension the work and revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessme civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other constructio or activities shall be conducted. No modifications to project size, location, or structural design authorized without prior written approval from the Department. A copy of the notice to proceed shall conspicuously displayed at the project site. Approved plans shall be made available for inspection by Department representative. (b) The permittee shall conduct the construction or activity authorized under the permit using extre adjacent property and structures. Page 5Uof57 (c) The permittee shall allow any duly identified and authorized member of the Department to ent-" upon the premises associated with the project authorized by the permit for the purpose of ascertaini compliance with the terms of the permit and with the rules of the Department until all construction activities authorized or required in the permit have been completed and all project performance report certifications.. or other documents are received p the Deotartment and determin,,Nd to bx consisfient with permit and approved plans. (d) The permittee shall hold and save the State of Florida, the Department, and its officers or property that might result from the construction or activity authorized under the permit and from any all claims and judgments resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data, and oth intirmati.t. ivi InD -tu�h necessary except where such use is otherwise specifically forbidden by law. (f) Construction. traffic shall not occur and building materials shall not be stored on vegetated are f h n r I fln nI if, II A7 v rM construction or otherwise — shall be of species indigenous to Florida beaches and dunes, such as sea oat sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, an grown from stock indigenous to the region in which the project is located. (k) All topographic restoration and revegetation work is subject to approval by the Department, and t status of restoration shall be reported as part of the final certification of the actual work performed. (1) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the mari turtle nestina season. The marine turtle nesting season is May I through October 31 in all counties exce Brevard, hidian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback tart nesting occurs during the period of March I through October 3 1. Page 51 of 57 PERMITTEE: Mario Arbucci PERMIT NUMBER: SL-3 69 PAGE 5 Now- M-MIMIN i AIL U44119-ILUVII Otull FCJ*1(9,fL SHMI 1141 rencTe L11C PICHRILLM 1111 L11C PF of paragraph 62B-33.0155(l)(a), F.A.C. If none of the permitted work is perfortned, the permittee sh inform, the Department in writing no later than 30 days following expiration of the permit. The report shal be provided on the form entitled "Final Certification" DEP Form 73-115B (Revised 9/05), which is hereb adopted and incorporated by reference. Copies of the "Final Certification" form are available at following website: https://floridadep.gov/water/coastal-construction-control-line/content/coasta constraction-control-line-cccl-fonns, Page 52 of 57 (s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering roe-vde-w zxi ZVI unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with rule 6213-33.013, F.A.C. (2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the [termittee has received from the Board of Trustees of the Internal Inicyrovement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use, (3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or rnunicipal law. (4) This permit does not authorize trespass onto other property. (5) In the event of a conflict between. a general. permit condition and a special permit condition, the special. permit condition shall prevail.. (6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at fattps:Hfloridadep.gov/water/coastal-construction-control-line/content/coastal-constraction-control-line- cccl-fon-ns or by telephoning (850)245-8336. Tfl, JrV#--0�-UrC-Y11T1r construction seaward of the coastal construction control line. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Deyartment. Because the administrative hearing yrocess is designed to formulate final agenqul action., the hearing process may result in a modification of the agency action or even denial of the application. 4 Pietition for Administrative H� , ' I F*NRWM4 "Wal proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; Page 53 of 57 (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; kf) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and ,g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition. must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency__Clerk.@dep. state. flus. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing, Tin,ie Period I Petition Jim t M bit Pi only at the discretion of the presiding officer upon the filing of a motion in compliance with le 2 Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Page 54of57 2 %1 1 1 UHUAAE#J •� 111111HUT IVECROJUV UJXMU�§ Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F. S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department, .11,1111, V 0XIM301 C, 011M.�I-F Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 1#1W I V31 MGM= I ffi r K'AlUd PJW4 I I WN I E I U-70 I I I I fft%$ r, r4o 1 CAN 0144 141,11"AUNI 1 14A 1011 LUTAIJ I I [a 11-101, 2 1Q) = Name, company, email address Darwin Stubbs, Agent Lstul, a.stal-en2jneer Mario Arbu.cci, Property owner Melissa Brubaker, St. Lucie County Building Official hiLtibakerinCq)s lucieco., gy Sydney Wilson, CCCL Field Inspector Svdnev.e,wi,lso�ti(ii,)floridadep.,&ov FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. 144'e"C' 9/28/2020 Clerk Date Page 55 of 57 BEN VIRONM ENTA-L RESOURCES FINAL REPORT TO: Bethany Grubbs, Planning & Development Services THROUGH: Jennifer McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian Arbeiter, Environmental Planner DATE: October 23'6, 2020 SUBJECT: Lot 31 Watersong Variance BA-10202025867 Backuround The Environmental Resources Department (ERD) is in receipt of the October 21', 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum building to rear property line setback of 40-ft, which was originally specified in the PUD's approved master site plan from 2003. The proposed rear property line setback would measure 27.1-ft. The subject site consists of a vacant 0.20-acre lot (Parcel ID 2532-500-0045-000-2) located at 4800 Watersong Way in Fort Pierce. Findines The proposed variance is not anticipated to result in any adverse environmental impacts as the lot has been previously filled and impacted. Recommendation ERD has no objection to the proposed variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 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