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Home My WebLink About10-2661 RESOLUTION NO. 10-266 2 FILE NO.: CU: 620104070 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY, FLORIDA, GRANTING A WAIVER WITH CONDITIONS FROM THE ~ REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE s REQUIRING PAVED ACCESS TO NEW DEVELOPMENT FOR THE PROJECT TO 9 BE KNOWN AS SL2623 BETH'S SONG TELECOMMUNICATION TOWER to 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence, including but not limited to the staff report, has made the following 13 determinations: 14 15 1. PJ Development, LLC, has applied for a request for a waiver from the requirement 16 of paving the segments of Russakis Road and Russos Road that provide access to 17 the proposed development and paying a fair share contribution to the future is improvement of the roads, pursuant to Section 7.05.07 of the Land Development 19 Code. 20 21 2. PJ Development, LLC, presented a concurrent petition for a Conditional Use Permit 22 to allow the construction and operation of a 130-foot monopole telecommunication 23 tower and wireless communication equipment compound in the AG-1 (Agricultural - 24 1 du/ac) Zoning District for the property described in Part A below. 25 26 3. On November 9, 2010 this Board held a public hearing after public notice of such 27 hearing was published in the St. Lucie News Tribune at least 10 days prior to the 2a hearing and notifying by mail all owners of property within 500 feet of the subject 2 9 property. 30 31 4. In accordance with the provisions of Section 7.05.07(6)(4), the applicant is required 32 to provide a fair share contribution toward the cost of paving the affected segments 33 of Russakis Road and Russos Road. 34 3 5 5. The County Engineer recommends that the Board grant the paving waiver request 36 on the condition that the developer contributes a fair share amount to pave 3 ~ Russakis Road and Russos Road. The estimated cost of paving these segments 3s from the northern property line of the subject property, south and east to Emerson 39 Avenue, is $1,590,000. The Engineering Division analysis for the appropriate fair 4o share contribution for the proposed project is $25,742.30. 41 42 6. The proposed development is a small traffic attractor/generator as defined in 43 Section 7.05.07(B)(4)(a) of the Land Development Code. The funds shall be held in 44 escrow by the County for ten (10) years to only be used for the design and 45 construction of Russakis Road and Russos Road accessing the development. Any 46 funds not expended or encumbered by the end of the calendar quarter immediately 4 ~ following ten (10) years from the date the funds were submitted to the County shall, 4 s upon application of the fee payer, be returned with interest to be determined based November 9, 2010 Resolution No. 10-266 Page 1 of 4 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No. CU620104070 SAINT LUCIE COUNTY FILE 1t 3535521 11/18/2010 at 12:53 PM OR BOOK 3247 PAGE 997 - 1000 Doc Type: RESO RECORDING: 535.50 1 upon the average rate of return to the County for the time the funds were held. Any 2 required submission of escrow funds shall include an escrow agreement acceptable 3 to the County Attorney. 4 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 6 County, Florida: s A. Pursuant to Section 7.05.07 of the St. Lucie County Land Development Code, the 9 requested waiver to pave the affected segments of Russakis Road and Russos to Road providing access to the property for the Conditional Use Permit for PJ 11 Development, LLC for the project to be known as SL2623 Beth's Song 12 Telecommunication Tower, is hereby granted for the property described as follows: 13 14 PARENT TRACT 15 16 THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 17 OF THE NORTHWEST 1/4, LESS THE EAST 70 FEET FOR CANAL RIGHT-OF- ls WAY, IN SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE 19 COUNTY, FLORIDA. 20 21 Property Owner: Russakis Investments, LLC 22 23 Location: West side of Russakis Road, approximately 2,900 feet north of 24 Russos Road. 25 26 Parcel ID Number: 1303-243-0001-000/7 27 2s B. The approval granted herein for the requested waiver is subject to the following 29 conditions: 30 31 Within 60 days of the approval of the Conditional Use Permit, known as SL 2623 32 Beth's Song Telecommunication Tower and approved under Resolution No. 10- 33 109, the applicant, PJ Development, LLC, the property owner, his successor or 34 assigns, shall submit a fair share contribution in the amount of $25,742.30 as 35 approved by the County Engineer. 36 37 C. A copy of this Resolution shall be attached to the SL 2623 Beth's Song 3s Telecommunication Tower Conditional Use Permit and site plan drawings date 39 stamped by the Director of Planning and Development Services on October 25, 4 0 2010, which will be placed on file with the St. Lucie County Planning and 41 Development Services Department. 42 43 D. The condition set forth in Part B is an integral non severable part of the paving 44 waiver approval granted by this Resolution. If the condition set forth in Part B is 45 determined to be invalid or unenforceable for any reason and the developer declines 46 to comply voluntarily with that condition, the waiver granted by this resolution shall 47 become null and void. 48 49 E. A copy of this resolution shall be mailed, return receipt requested, to the property 50 owner and petitioner of record. This resolution shall be recorded in the Public November 9, 2010 Resolution No. 10-266 Page 2 of 4 File No. CU620104070 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements, must be met to the satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman AYE Doug Coward, Vice-Chairman AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Chris Craft AYE PASSED AND DULY~D this 9~' day of November- 2010 4~C~{`~~ thf~ . 1 ~ ~ ~' r ~ / r ` ~~ ~. ~i :*: ~; t _ - s. ~~ ~ >. ,:/ ~. .;' ~~ ~. ATTEST: ~ - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN~f~ FLO#tIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK G:~Planning~PROJECT FILES~SL 2623 Beth's Song Telecommunication Tower CU 620104070~B000V2esolution No. 10-266 November 9, 2010 Page 3 of 4 Resolution No. 10-266 File No. CU620104070 Exhibit A ~~ ,_. ~ RP ERCE BL , AG-1 • IFE• PUD ,-------- m ~ ~ / ~ ~A r ~ 1 r A `. ~ ~ RS-4 -..r ~ K D. = Z PCS AG- 1 W ~ ORT W Tip vE -, ¢ Q OE~CN i~ ~_ x ~: y W BAYAR-.R h ~ w RS-4 AG -1 RUSSOS RD RIBISCUS'RD Parent rcel t: Roads ments su ect to Map prepared oaoeer zs,~q~o pa eg bl paving waiver AG-1 -Agricultural, 1 du/ac IV Lease parcel Russakis Road: 3,018 ft t RSA -Residential, 4 dulac PCS -Planned Country Subdivision ~- - !500 ft. notification area Russos Road: 2,662 R t PUD -Planned Unit Development November 9, 2010 Resolution No. 10-266 Page 4 of 4 File No. CU620104070