HomeMy WebLinkAbout09-0941
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RESOLUTION NO. 09-094
MNSP - 720071270
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY RESCINDING
RESOLUTION NO. 09-010 AND GRANTING A WAIVER
WITH CONDITIONS FROM THE REQUIREMENTS OF
SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE
REQUIRING PAVED ACCESS TO NEW SUBDIVISIONS
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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:
Barol LLC petitioned for a 7-lot Minor Site Plan for the project known as
"Horseshoe Grove" on 40.61 acres of land located along the western
frontage of FFA Road approximately 3000 feet north of Orange Avenue in
the AG-5 (Agricultural - 1 du/5 acres) Zoning District. A map depicting the
proposed subdivision and the access road (North FFA Road) is attached as
Exhibit "A."
2. The applicant has applied for a request for a waiver from the requirement of
paving the access road known as North FFA Road and paying a fair share
contribution pursuant to Section 7.05.07, a copy of which is attached to this
Resolution as Exhibit "B."
3. On March 3, 2009, this Board held a public hearing after publishing a public
notice of such hearing in the St. Lucie News Tribune at least 10 days prior to
the hearing and notifying by mail all owners of property within 500 feet of the
subject property at least 10 days prior to the hearing and adopted Resolution
No. 09-010 denying the requested waiver.
4. On March 10, 2009, the Board voted unanimouslyto reconsiderthe adoption
of Resolution No. 09-010 for the purpose of clarifying the Board's intent.
5. On June 16, 2009, this Board held a public hearing to reconsider the
adoption of Resolution No. 09-010 after publishing and mailing notice. This
Board, by a vote of 3 to 2, granted approval of a waiver, with conditions, from
the paving requirement for the access road.
6. Under the provisions of Section 7.05.07 B.4, the applicant is required to
provide a fair share contribution toward the cost of paving North FFA Road.
June 16, 2009 Resolution No. 09-094
Pa e 1 ~10SEPH E. SMITH, CLERK OF THE CIRGUIT COURT File No. MNSP 720071270
g SAINT LUCIE COUNTY
FILE # 3367719 07/16/2009 at 10:53 AM
OR BOOK 3109 PAGE 120 - 133 Doc Type: RESO
RECORDING: $120.50
1 7. The County Engineer recommends that the Board grant the paving waiver
2 request on condition that the developer contributes a fair share amount to
3 pave North FFA Road. The estimated cost to pave all of FFA Road to the
4 north side of the subject property is $1.5 million. The Engineering Division
5 analysis for the appropriate fair share contribution for Horseshoe Grove on
6 North FFA Road is $205,638.
7
8 8. The proposed development is a small traffic attractor/generator as defined in
9 Section 7.05.07 B.4.a. of the Land Development Code. The funds shall be
10 held in escrow by the County for ten (10) years to only be used for the design
11 and construction of North FFA Road accessing the development. Any funds
12 not expended or encumbered by the end of the calendar quarter immediately
13 following ten (10) years from the date the funds were submitted to the
14 County shall, upon application of the fee payer, be returned with interest to
15 be determined based upon the average rate of return to the County for the
16 time the funds were held. Any required submission of escrow funds shall
17 include an escrow agreement acceptable to the County Attorney.
18
19 9. Should the County establish an MSBU for the future paving of North FFA
20 Road, all lot owners within Horseshoe Grove Plat shall participate at the then
21 established fair share contribution and shall be considered a"yes" vote for
22 the establishment of the MSBU. These costs would include, but not be
23 limited to design, permitting and construction and any other costs associated
24 with this improvement.
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26 10. Unpaved roads generally cost more to maintain and can negatively impact
27 emergency vehicle access.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
30 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
31
32 A. Resolution No. 09-010 is hereby rescinded.
33
34 B. Pursuant to Section 7.05.07 of the Land Development Code, the requested
35 waiver to pave North FFA Road providing access to the property described
36 below is hereby granted on the property described as follows:
37
38 THAT PORTION OF THE EAST ONE-HALF OF THE EAST ONE-
39 HALF OF THE SOUTH-EAST ONE-QUARTER OF SECTION 4,
40 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
41 FLORIDA, LYING SOUTHERLY AND WESTERLY OF THE
42 SUNSHINE STATE PARKWAY, LESS RIGHT-OF-WAY FOR F.F.A.
43 ROAD AND CANAL RIGHT-OF-WAY.
June 16, 2009 Resolution No. 09-094
Page 2 File No. MNSP 720071270
1
2 TOGETHER WITH:
3
4 THAT PART OF THE WEST ONE-HALF OF THE EAST ONE-HALF
5 OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP
6 35 SOUTH, RANGE 39 EAST, LYING SOUTHERLY OF THE RIGHT-
7 OF-WAY OF F.F.A. FRONTAGE ROAD AND LYING AND BEING IN
8 ST. LUCIE COUNTY, FLORIDA; LESS THE SOUTH 100 FEET
9 THEREOF, AND ALSO LESS AND EXCEPTING THEREFROM THE
10 FOLLOWING DESCRIBED PARCEL OF LAND:
11
12 COMMENCE AT THE SOUTHEAST CORNER OF THE
13 NORTHWEST QUARTER OF THE SOUTHEAST ONE-QUARTER
14 OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST.
15 LUCIE COUNTY, FLORIDA; THENCE RUN NORTH, ALONG THE
16 EAST LINE OF SAID NORTHWEST QUARTER OF THE
17 SOUTHEAST QUARTER, A DISTANCE OF 492.40 FEET TO THE
18 POINT OF BEGINNING; THENCE CONTINUE NORTH, A
19 DISTANCE OF 672.50 FEET TO THE SOUTHWESTERLY RIGHT-
20 OF-WAY LINE OF F.F.A. ROAD; THENCE RUN SOUTHEASTERLY,
21 ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 341.75 FEET;
22 THENCE RUN SOUTHWESTERLY 483.03 FEET, TO THE POINT
23 OF BEGINNING, AS CONVEYED IN O.R. BOOK 397, PAGE 748,
24 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
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26 ALL LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL:
27 A PORTION OF THE EAST HALF OF THE SOUTHEAST ONE-
28 QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH RANGE 39
29 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
30 PARTICULARLY DESCRIBED AS FOLLOWS:
31
32 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION
33 4, THENCE NORTH 89°53'25" WEST, ALONG THE SOUTH LINE
34 OF THE SOUTHEAST QUARTER OF SAID SECTION 4, A
35 DISTANCE OF 40.00 FEET; THENCE NORTH 00°04'02" EAST,
36 ALONG A LINE 40 FEET WEST OF AND PARALLEL WITH THE
37 EAST LINE OF SAID SECTION 4, A DISTANCE OF 100.00 FEET TO
38 THE POINT OF BEGINNING, THENCE NORTH 89°53'25" WEST,
39 ALONG A LINE 100.00 FEET NORTH AND PARALLEL WITH SAID
40 SOUTH LINE, A DISTANCE OF 649.19 FEET; THENCE NORTH
41 01°53'56" WEST, A DISTANCE OF 313.27 FEET; THENCE NORTH
42 86°43'31" EAST, A DISTANCE OF 661.06 FEET; THENCE SOUTH
43 00°04'02" WEST, ALONG A LINE 40.00 FEET WEST OF AND
June 16, 2009 Resolution No. 09-094
Page 3 File No. MNSP 720071270
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PARALLEL WITH SAID EAST LINE, A DISTANCE OF 352.10 FEET
TO THE POINT OF BEGINNING.
SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA, AND
CONTAINING 40.614 ACRES, MORE OR LESS.
(TAX ID#: 2304-412-0020-000/0)
(Location: Located along the western frontage of FFA Road
approximately 3000 feet north of Orange Ave.)
C. The approval granted here in for the requested waiver is subject to the
following conditions:
1. Prior to recordation of the final plat, the property owner, his successor '
or assigns, shall submit a fair share contribution in the amount of
$205,638.00 as approved by the County Engineer.
2. All lot owners within the Horseshoe Grove subdivision agree to
participate in the establishment of an MSBU should one be created to
pave North FFA Road.
D. A copy of this Resolution shall be attached to the approved minor site plan
drawings described in Part "A" which shall be placed on file with the St. Lucie
County Growth Management Director and mailed, return receipt requested to
the developer and agent of record as identified on the site plan applications.
June 16, 2009
Page 4
Resolution No. 09-094
File No. MNSP 720071270
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E. ADOPTION:
This Resolution shall be recorded in the Public Records of St. Lucie County.
Paula A. Lewis, Chair NAY
Charles Grande, Vice Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner poug Coward AYE
Commissioner Chris Craft NAY
PASSED AND DULY ADOPTED this 16t" day of June 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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BY ~ ~.~ '~~
Chairman `
ATTEST:
UTY CLERK
June 16, 2009
Page 5
APPRC~VED AS TO FORM AND
` C~RRECTNESS:
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COUNTY ATTORf~Y"
Resolution No. 09-094
File No. MNSP 720071270
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MNSP - 72D07~ 27~D
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Map prepared February 2D, 2~09
MNSP - 72D07127~ Future Land us
Barol LLC (Horseshoe Grove)
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Map prepared February 24, 24~9
7.05.07 ~ PROVISIONS FOR ACCESS TO_NEW DEVELOPMENT ACTII/ITIES -
A. GEt~IERALkY -
All new coad and street construction, public or private, shall be paved according to standard count~l
specifications. - .
B. PAVING REOUIREMENTS FOR ROADS THAT AGCESS DEVELOPMENTS RE(~UIRiNG SiTE
PLAN APPROVAL THA7 UTILtZE UNPAVED PUBLIG AND PRIVATE ROADS FOR ACCESS
The following paving requirements shali apply to developments requiring site plan approval that
utitize unpaved public or private roads and roadways for access:
1. Access Roads ~ •
Provis.ions for the paving of unpaved access roads that access 3he development shall be
- required .as speciiied below under general requirements. Coun#y road design and
- construction standard speeifieations shall apply to all paving improvements.
2. Waiver ....
a. Paving requirements and provisions shall be waived by ttie Board of Counry
Gommissioners, following a public hearing, if the Board determines:
(1) That the road paving is not sssential to pro~ride adequate access to the
proposed development and through the surro~nding area, or
(2) That the road will be paved as part af the County's five-year road program
or an approved municipal service taxin.g or benefit unit, or ~~
(3) That the access road does not have adequate rightof-way in which ~o
aonstruct the neeessary paving irriprovements in accordance with County
standards.
- ' b. If paving requirements are waived, the Baard may attach. conditions deemed
necessary to minimize the impacts of the road on the surrounding area including,
but not limited to, payment by #he deveioper of-ihe development's iair share of
paving costs tor the unpaved public or pr.ivate road providing access to the
development prior to issuance of fina) record plat approval pursuant to the
procedures set out in Section 11.03.00.
3. Scenic and Historic Roads
Paving tequirements and provisions ior developments utilizing unpaved scenic or historic
routes, as designated by the Board of County Commissioners, shall be addressed on a
case-by-case basis. The requirements specified below under general requirem.ents shall
appty. Paving requirements and provisions shall be waived by the Board of County
Commissioners if the Board determines:
- a. That the scenic or historic value or significance of the road would be adversely
SL Lix'ie Courdy Land Devefoprt~ett4_Coda 7- 66 Reviseil Ttuough 05(.?-_
qdopted /4igust 1. 1990
impacted by road paving.
b_ That road paving is not essential to provide adequate access to the particular
development and ihrough the surrounding area, and
c: That the preservation of scenic or historic values outweighs the impacts of
permitting a particular use to develop without paved access. =
if pav'ing requirements are waived, ihe Board may attach any eonditions deemed necessary
to minimize impacts on the road and surrounding area.
4: Generai Requirements
Paving requirements are established to ensure that adequate road improvements are
provided to adequately serve the development. County road design and construciion.
standards shall apply to ail paving improvements. Mixture of residential and non-residential
irafiic shatl be avoided where possibie. Persons apptying for plat approval of developmenis_
utilizing access roads shall, as part oi their application, include the appropriate provision for
paving, as specified below.
The County Engineer shall determine the estimated average daily traffic of the development
in accordance with accepted standards and good traffic engineering practice.
a. Small Traffic Attractors/Generators
Developments determined io be small traffic attractors/generaiors, defined as
~ developments generaiing less than one hundred (100} average daily trips, shall
provide ior road paving as follows_
(1) Access road frontage: - . .
For the paving of a road(s)~accessing the development, the applicant shall
submil funds in the amount of the deve{opmeni's fair share of paving costs
as determined bythe Board of County Commissioners priortothe issuance
` of final plat'.~pproval_ The fair share contribution shall be determined and
protaled according to front footage or by such other lawful and~equitable
method as the Board may prescribe. Said funds shall be held by the
~ Counfy for a period not to exceed ten (10) years to be used for the paving
of the roacl(s) accessing the development. Any tunds not expended or
encumbered by the end of the calendar quarter immediately following ten
(10) years from the date the funds were submitted to the County shall>
upon application of the feepayer, be returned to him with interest to be
determined based upon the average rate ot return to,the County ior the
time period the funds were he4d_ The road segment io be funded and later ~
paved shall include all oi the deve{opment's ironiage on the road_ -
Any required submission of escrow iunds shall include an .escrow
agreement acceptable to the Gounty Attomey_ Such agreement shall
include provisions necessary to accomplish and tacilitate tuture road
paving.
St. Lucle Caunty Larrc1 Development Code 7- 67 Revised Through o5J1S~o4
Rd~4ed Atigust i,1990
(2)
(3)
(4)
Paving option:
in lieu of submitting funds for paving.under 4(a)(1) above, the developer
may propose to pave or arrange for. paving the development's access road
froniage notwithstanding requirements for roads designated on the
Thoroughfare Network Right-of-Way t?rotection Plan; if such paving would
connect 1o a paved public road..li such a paving option is utilized, no final
plat approval shall be issued for all or any portion of the development until
all paving has been completed,. and improvements are inspected and
approved by the County. Ai the option oi : the Board ot County
Commissioners, the developer may furnish the County security in the
amount of 115% of the estimated cost of providing the:paving improvement
at the time o# final plat approval: The County Engineer shalt approve the
amount of security to be. furnished. ..
Multi-phase projects:
For purposes of determining if a:mutti-phase development is a smaU traffic
attractor/ generator, the total number of project trips.shall be compared to
the small trafific project definition criteria_
Cumulaiive. effect:
No final plat approval shall be iss.ued for any development uti{izing access
on an unpaved pub)ic or private road that exceeds two hundred (200)
average daiky trips as determined by the County Engineer until the road
accessing the development .is paved _ from the development's access
point(s} to a paved public road. For. ihe .purpose of this Code and
determination of this cumulative efifect, all access roads in the
unincorporaied County are assumed tQ-have a zero (0) average daily irip
count as of the eifective date of the ordinance. Provisions specified below
under 4b (2) and (3) shall apply. The County Ehgineer's decision may be
appealed to the Board of County Commissioners.
In_ considering the cumulative effect ot small traffic attracting/generating
cievelopments on . a road(s) or. on an area, the Board oi " County
~~ Commissioners may determin.e the need fior a municipal service taxing or
~ benef.it unit, or assessment for road paving purposes in developed or
developing areas, and may:unpose such an assessment_
b: Large Traffic Attraetors/Generators .
Developments d~termined to be iarger t~affic attractors/ generators, defined as
developments generating one hundred (100) or more average daity trips, shall
provide 1or road paving as :follows:
~1~
Access road frontage to acc.ess point{s):
St Lucie CotxdY -a~i Deve-oprr~em Code 7- 68 : f-1ev~sed ~T1Th:o~ipti oSr~ 510~4
p~ppted qup~t 1 ~ 1990 . ~ . . .
The unpaved pu6lic or private road accessing the development shall be
paved from ihe development's access point(s) to a paved public road_ The
design of ihe connection sha-I tie in accordance with County design
standards. Said paving shall be completed, and improvements inspected
and approved by the County, prior to the issuance of final piat approval.
At the option of the Board of County Commissioners, the developer may
furnish the County security in the amouni of 115% oi the estimated cost of
providing the paving improvement at the time-of final plat approval. The
County Engineer shall approve the amouM of security to be iurnished.
(2) Developer Agreements/MSBU Options:
In considering the effect of large traffic attracting/generating deveFopments
on a road(s) or on an area, the Board of County Commissioners may enter
into a development agreement wilh the developer pursuant to Section
11.08.00 to ensure the refund of monies expended by the developer on the
paving of the unpaved access road pursuant to 4.b(4), above the
developer's tair share contribution as monies are made available by other
development that uses the unpaved road as access to a paved public road.
The Board may also create a municipal service taxing or benefit unit or.
assessment for road paving purposes in developed or developing areas,
and may impose such an assessment.
(3) Remaining access road froniage:
For the paving of portions of a developmenYs access. road fronfage not
covered in the above paving requirement 4(b)(1), the developer shall
submit funds in the amount of the development's fair share of paving costs
prior to the issuance of final plat approvat_ Said funds shall be held by the
County for a period not to exceed ten (10) years to be used for the paving
of the road accessing the development. Any funds not expendsd or
encumbered by the end of the calendar quarter immediately following ten
(10) years irom the date the funds were submitted to the County shall;
upon application of the feepayer, be returned to him with interest to be
determined based upon the average rate of return to the County' for the
time period the funds were held. The road segment to be funded and later
paved shaU include al) of the development's fcontage on the road. Any
required submission ot escrow funds shall include an escrow agreement
acceptable fo the County Attorney. Such agreement shall include .
provisions necessary to accomplish and facilitate tuture road paving.
(4) Paving option:
ln lieu oi submitting funds ior paving specified under 4(b)(3) above, the
developer may propose to pave or arrange for paving the development's
remaining access road frontage, notwithstanding requirements for roads
designated on the Thoroughfare Plan, if such paving connects to a paved
public road. If such a paving option is utilized, no final plat approval shall
be issued for all or any portion of the development until said paving is
completed, and improvements are inspected and approved by the Couniy.
7-69
Re~Saa?t,i«;~r, osn~oa
S& Lc~cia C.wmty Land Devebpmerd Code
~eod August 1, t9so