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RESOLUTION NO. 10-087
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A
WAIVER TO MOUNT BETHEL MINISTRY, LLC WITH
CONDITIONS FROM THE REQUIREMENTS OF SECTION
7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRING
PAVED ACCESS TO NEW DEVELOPMENTS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. Mount Bethel Ministry, LLC received approval for the project known as Mount
Bethel Baptist Church from the City of Fort Pierce Commission on November 2, 2009. The
project is comprised of 5.3 acres of land located along the eastern frontage of South 37t"
Street approximately 3000 feet north of Okeechobee Road and 1200 feet south of Peterson
Road.. A map depicting the proposed development site and access road (South 37t" Street)
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 South 37t" Street due to sub-standard right-of-way.
3. On April 20, 2010, this Board held a public hearing to consider the adoption of
Resolution No. 10-087 after publishing and mailing notice. This Board granted approval of a
waiver, with conditions, from the paving requirement for the access road.
4. Pursuant to Section 7.05.07 B.2, the Board may require the applicant to provide
a fair share contribution toward the cost of paving South 37'" Street.
5. The County Engineer recommends that the Board grant the paving waiver
request on condition that the developer contribute a fair share amount to pave South 37t"
Street. The estimated cost to pave all of South 37t" Street to the north side of the subject
property is $328,209.51. The Engineering Division has reviewed the analysis prepared by the
Developer's engineer and approves the fair share contribution for Mount Bethel Baptist
Church on South 37t" Street in the amount of $41,620.89.
6. The funds shall be held in escrow by the County for ten (10) years to only be
used for the design and construction of South 37t" Street accessing the development. Any
funds not expended or encumbered by +ho o_nd of the calendar quarter immediately following
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3470105 OSIOS/201D at 08:12 glyl
OR BOOK 3193 PAGE 48S - 487 Doc Type: RESO
RECORDING: $27.00
a ten (10) years from the date the funds were submitted to the County shall, upon application
of the fee payer, be returned with interest to be determined based upon the average rate
of return to the County for the time the funds were held. Any required submission of escrow
funds shall include an escrow agreement acceptable to the County Attorney.
7. Unpaved roads generally cost more to maintain and can negatively impact
emergency vehicle access.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
A. Pursuant to Section 7.05.07 of the Land Development Code, the requested
waiver to pave South 37t" Street providing access to the property described below is hereby
granted on the property described as follows:
THE SOUTHWESTQUARTER OF THE NORTHEASTQUARTER
OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FLORIDA; LESS THEREFROM THE NORTH 445 FEET AND
THE WEST 40 FEET; AND THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 40 EAST,
ST. LUCIE COUNTY, FLORIDA, LESS THEREFROM THE
SOUTH 500 FEET AND THE WEST 40 FEET.
SAID PARCEL CONTAINING 5.30 ACRES, MORE OR LESS.
B. The approval granted herein for the requested waiver is subject to the
following condition:
1. Within 90 days after receiving development approval from the City of
Fort Pierce, the property owner, his successor or assigns, shall submit a fair share
contribution in the amount of $41,620.89 as approved by the County Engineer.
C. A copy of this Resolution shall be forwarded to the City of Fort Pierce Planning
Department and mailed, return receipt requested to the developer and agent of record as
identified herein.
E. ADOPTION.
This Resolution shall be recorded in the Public Records of St. Lucie County.
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After motion and second, the vote on this Resolution was as follows:
Chairman Charles Grande Aye
Vice-Chairman Doug Coward Aye
Commissioner Paula A. Lewis Aye
Commissioner Chris Craft Aye
Commissioner Chris Dzadovsky Aye
PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie
County, Florida, on this 20th day of April, 2010.
BOARD OF COUNTY-COMMISSIONER.a
ATTEST: ST. LUCIE COUNTY, FL RIDA
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APPROVED AS TO FC7RM ANp
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