HomeMy WebLinkAbout09-010 1 ~ Resolution 09-010
2 MNSP- 720071270
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4 A RESOLUTION OF THE BOARD OF COUNTY
5 COMMISSIONERS OF ST. LUCIE COUNTY DENYING A WAIVER
6 FROM SECTION 7.05.07(6)2 OF THE LAND DEVELOPMENT
7 CODE
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11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
lz on the testimony and evidence, including but not limited to the staff report, has made
13 the following determinations:
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15 1. Barol LLC petitioned fora 7-lot Minor Site Plan for the project known as
16 "Horseshoe Grove" on 40.61 acres of land located along the western
17 frontage of FFA Road approximately 3000 feet north of Orange Avenue in the
le AG-5 (Agricultural - 1 du/5 acres) Zoning District.
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20 2. The applicant has applied for a waiver request pursuant to Section
21 7.05.07(6)2, a copy of which is attached to this Resolution as "Exhibit A."
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23 3. On March 3rd, 2009, this Board held a public hearing after publishing a public
z4 notice of such hearing in the Ft. Pierce Tribune at least 10 days prior to the
z5 hearing and notifying by mail all owners of property within 500 feet of the
z6 subject property at least 10 days prior to the hearing.
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zs 4. Pursuant to Section 7.05.07(6)2 of the Land Development Code, the
z9 Engineering Division of the Public Works Department does not support the
3o waiver request from paving requirements for North FFA Road and the internal
31 road and requires a fair share contribution for the paving of FFA .Road
3z pursuant to Section 7.05.07(B)4a .
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34 5. The Development Review Committee has reviewed the Site Plan for the
35 proposed project and found it does not meet minimum technical requirements
36 of Section 7.05.7(6)2.
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3 s 6. The project is not consistent with the general purpose, goals, objectives, and
39 standards of the St. Lucie County .Comprehensive Plan and the St. Lucie
4o County Land Development Code.
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42 7. The project will have an undue adverse effect on adjacent property, the
43 character of the neighborhood, traffic conditions, parking, utility facilities, or
44 other matters affecting the public health, safety, and general welfare.
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File No.: MNSP- 720071270 Resolution No.: -09-010
March 3ro, 2009 .30SEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 of 5
SAINT LUCIE COUNTY
FILE # 3389668 09/16/2009 at 04:54 PM
OR BOOK 3127 PAGE 2221 - 2227 Doc Type: RESO
RECORDING: $61.00
~ The project is to be served by adequate well and septic systems approved by
z the St. Lucie County Health Department.
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5 NOW, THEREFORE, BE IT ORDERED:
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~ A. Pursuant to Section 7.05.07 (B)2 of the Land Development Code, the
a requested waiver on the property described below is hereby denied.
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to THAT PORTION OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF
11 THE SOUTH-EAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35
lz SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING
13 SOUTHERLY AND WESTERLY OF THE SUNSHINE STATE PARKWAY,
14 LESS RIGHT-OF-WAY FOR F.F.A. ROAD AND CANAL RIGHT-OF-WAY.
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16 TOGETHER WITH:
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is THAT PART OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE
19 SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH,
20 RANGE 39 EAST, LYING SOUTHERLY OF THE RIGHT-OF-WAY OF F.F.A.
21 FRONTAGE ROAD AND LYING AND BEING IN ST. LUCIE COUNTY,
as FLORIDA; LESS THE SOUTH 100 FEET THEREOF, AND ALSO LESS AND
z3 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF
24 LAND:
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26 COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST
27 QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 4,
28 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA;
z9 THENCE RUN NORTH ,ALONG THE EAST LINE OF SAID NORTHWEST
3o QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 492.40
31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH, A
32 DISTANCE OF 672.50 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY
33 LINE OF F.F.A. ROAD; THENCE RUN SOUTHEASTERLY, ALONG SAID
34 RIGHT-OF-WAY LINE, A DISTANCE OF 341.75 FEET; THENCE RUN
35 SOUTHWESTERLY 483.03 FEET, TO THE POINT OF BEGINNING, AS
36 CONVEYED IN O.R. BOOK 397, PAGE 748, PUBLIC RECORDS OF ST.
37 LUCIE COUNTY, FLORIDA.
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39 ALL LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL;
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41 A PORTION OF THE EAST HALF OF THE SOUTHEAST ONE-QUARTER
42 OF SECTION 4, TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. LUCIE
43 COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
44 FOLLOWS;
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File No.: MNSP- 720071270 Resolution No.: -09-010
March 3`tl, 2009 Page 2 of 5
1 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4,
2 THENCE NORTH 89°53'25" WEST, ALONG THE SOUTH LINE OF THE
3 SOUTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 40.00
4 FEET; THENCE NORTH 00°04'02" EAST, ALONG A LINE 40 FEET WEST
5 OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 4 , A
6 DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE
7 NORTH 89°53'25" WEST, ALONG A LINE 100.00 FEET NORTH AND
s PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 649.19 FEET;
9 THENCE NORTH 01°53'56" WEST, A DISTANCE OF 313.27 FEET;
to THENCE NORTH 86°43'31" EAST, A DISTANCE OF 661.06 FEET; THENCE
11 SOUTH 00°04'02" WEST, ALONG A LINE 40.00 FEET WEST OF AND
12 PARALLEL WITH SAID EAST LINE, A DISTANCE OF 352.10 FEET TO THE
13 POINT OF BEGINNING.
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15 SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA, AND CONTAIN
16 40.614 ACRES, MORE OR LESS.
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la SAID LAND CONTAINS 6.89 ACRES, MORE OR LESS.
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20 (TAX ID#: 2304-412-0020-000/0)
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22 (Location: Located along the western frontage of FFA Road approximately
23 3000 feet north of Orange Ave.)
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26 B. A copy of this Resolution shall be attached to the site plan drawings described
27 in "Part A,"which plan shall be placed on file with the St. Lucie County Growth
2e Management Director and mailed, return receipt requested to the developer
29 and agent of record as identified on the site plan applications.
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31 C. This Resolution shall be recorded in the Public Records of St. Lucie County.
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34 Chair Paula Lewis AYE
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36 Vice Chair Charles Grande AYE
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3a Commissioner Chris Dzadovsky AYE
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4o Commissioner Doug Coward AYE
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42 Commissioner Chris Craft AYE
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File No.: MNSP- 720071270 Resolution No.: -09-010
March 3rd, 2009 Page 3 of 5
i PASSED AND DULY ADOPTED This 3rd Day of March 2009.
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3 BOARD OF COUNTY COMMISSIONERS
4 ST. LUCIE COUNTY, FLORIDA
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9 BY
io Chairman
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Via, .
"§:.~r:.~'t.
13 ~ti~~ 3
14 ATTEST: '~~``'~r PPROVED AS TO FORM AND
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15 k'}'~ ~ ~ y~f. t°a CORRECTNESS:
xT~'I IYS 4~CfJ ~Q 5~' i~,
17 w K ~"'~~}1~'a ~ ~ .~1~u+
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zl p Clerk O ~ CounttyAttomey
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2 7 as
2 8 G:\PLANNING\Project Files\Horseshoe Groves\BOCC\Horseshoe Resolution.doc
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File No.: MNSP- 720071270 Resolution No.: -09-010
March 3`tl, 2009 Page 4 of 5
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6 Exhibit A
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10 Waiver Re uest
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File No.: MNSP- 720071270 Resolution No.: -09-010
March 3'", 2009 Page 5 of 5
RI I ~ ~ n 145 NW CENTRAL PARK PLAZA
U ' + SUITE 200
' ` , I O? ~ PORT ST. LUCIE, FLORIDA 34986
M y (772)873-5900
FAX: (772)873-3111
JOHNATHAN.FERGUSON~RUDEN.COM
September 16, 2008
Aneela Ansar, Senior Planner
Growth Management Department
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982.
Re: Horseshoe Grove
File No.: MNSP 720071270
Dear Ms. Ansar:
This letter constitutes the applicant's request pursuant to Section 7.05.07.B.2., Land
Development Code, to have the Board of County Commissioners ("Commission") waive the
requirement for this project to pave North FFA Road and the internal road shown on the plat as
Tract R-1 and to be known as Horseshoe Grove Road. In support of this request the applicant
offers the following for the Commission's consideration.
In certain circumstances the County allows site plans to be approved where unpaved
roads are utilized for access. Specifically, Section 7.05.07.B.2.a., LDC, states in relevant part
that "[p]aving requirements and provisions shall be waived by the Board of County
Commissioners, following a public hearing, if the Board determines: (1} That the road paving is
not essential to provide adequate access to the proposed development and through the
surrounding area, or (2) that the road will be paved as part of the County's five-year road
program or an approved municipal service taxing or benefit unit." Based on this provision, the
applicant is requesting that the requirement to pave North FFA Road and Horseshoe Grove Road
be waived by the Commission.
The Horseshoe Grove project is a proposed 7 lot subdivision located on the west side of
North FFA Road, which is an unpaved public road that runs north from Orange Avenue to Angle
Road. The southeast corner of the project is approximately 3,180 feet north of Orange Avenue
and the northeast corner is approximately 5,257 feet north of Orange Avenue (2,077 feet of
frontage on North FFA Road). There are approximately 17 houses currently fronting on North
FFA Road between Orange Avenue and Angle Road. North FFA Road is a public road
maintained by the County.
PSL:47040:1
RUDEN McCLOSKY SMITH HUSTER & RUSSELL P.A.
,SC ,
BOU RATON • URACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. IUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA WEST PALM BEACH
Letter to Aneela Ansar
September 16, 2008
Page 2
Paving North FFA Road at this time is not necessary in order to provide adequate access
to the 7-lot subdivision. Such a small incremental increase in traffic will not adversely impact
the road or increase the County's maintenance costs. Furthermore, it would be prohibitively
expensive for this project to pay the full cost of paving more than a mile of North FFA Road in
order to provide paved access to the proposed lots. (Somewhere between $200,000 and
$300,000 per lot). The applicant proposes that a condition be imposed that would require each
lot owner to participate in a MSBU if one is formed to pay for paving the road. In that way, the
Horseshoe Grove lot owners are in the same position as the 17 existing lot owners on North FFA
Road.
In addition, the applicant requests that the Commission waive the requirement for paving
Horseshoe Grove Road, which is shown on the plat as Tract R-l. Horseshoe Grove Road
provides legal access to Lot 1 and Lot 7. However, there is an existing house on Lot 1 and it
uses the canal right of way for access and it will, in all likelihood, never use Horseshoe Grove
Road. Therefore, Horseshoe Grove Road will only provide access to Lot 7 and it does not need
to be paved in order to provide adequate access to Lot 7. The applicant will provide a 20 foot
wide stabilized access to Lot 7 within the right of way of Horseshoe Grove Road. Such
stabilized access satisfies the Fire District's concerns for adequate access in the event of an
emergency.
In summary, the applicant respectfully requests that the Commission: 1) waive the
requirement to pave North FFA Road with the agreement that the Horseshoe Grove lot owners
will be required to participate in a MSBU if one is ever formed to fund the paving costs of North
FFA Road; and 2) waive the requirement to pave Horseshoe Grove Road. Thank you for
processing this request and if you need any further information, please do not hesitate to contact
me.
Sincerely,
Johnathan A. Ferguso~~/~
Cc: Heather Young, Asst. County Attorney
Mike Powley, County Engineer
Kristin Tetsworth, Planning Manager
Brian Nolan
Nathan Ohren
PSL:47040:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH