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Home My WebLink About13-193RESOLUTION 13-193 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A PAVING WAIVER TO CLYDE AND LAURIE O'BRIEN 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. The applicants, Clyde and Laurie O'Brien applied to the St. Lucie County Planning and Development Services Department on July 17, 2012 for a Minor Site Plan to be known as O'Brien subdivision consisting of five (5) single family residential lots on 4.3 acres in the RS-3 (Residential, Single Family - 3) Zoning District for the property described in Part A below. 2. The applicants have made application to request a waiver from Section 7.05.07.B.2.a.(3) of the St. Lucie County Land Development Code that requires the paving of access roads for new residential development known as Dame Road and Yates Road due to sub-standard right-of-way conditions. 3. On October 1, 2013 this Board held a public hearing to consider the adoption of this Resolution after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. Pursuant to Section 7.05.07.6.2, the Board may require the applicant to provide a fair share contribution toward the cost of paving Dame Road and Yates Road. 5. The County Engineer recommends that the Board grant the paving waiver subject to the condition that the developer contributes a fair share amount to pave Dame Road and Yates Road. The estimated total cost to pave these roads is $815,496. The Engineering Division has reviewed the analysis prepared by the Developer's engineer and recommends a fair share contribution in the amount of $131,114.10. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 7.05.07 of the St. Lucie County Land Development Code, Board of County Commissioners approves the requested paving waiver and elects to waive the Fair Share Contribution based on the location of the local roads and the minimal traffic impacts generated by the proposed development for the property described as follows: October 1, 2013 O'Brien Subdivision Paving Waive Page 1 Resolution No. 13-193 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3901341 11/25/2013 at 03:50 PM OR BOOK 3582 PAGE 712 - 716 Doc Type: RESO RECORDING: $44.00 Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East; St. Lucie County, Florida and run Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the West right-of-way of Yates Road and the Point Of Beginning; thence run North along the West right-of-way of Yates Road a distance of 450.36 feet more or less to the Southeast corner of the parcel of land as described in Deed recorded in Official Record Book 1360, page 2275; thence run South 89°59'50" West along the South boundary line of said parcel of land a distance of 263.42 feet to the Southwest corner of said parcel of land described in Deed recorded in Official Record Book 1360, page 2275; thence run North 00°38'23" East along the Westerly boundary line of the parcels of land described in Deeds recorded in Official Record Book 1360, page 2275 and Official Record Book 743, page 98, a distance of 202.9 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 743, page 98; thence run South 89°59'50 West along the Westerly extension of the North line of a parcel of land as described in Deed recorded in Official Record Book 743, page 98 to the East right-of-way of Dame Road; thence run South along the East right- of-way line of Dame Road to the South line of said Section 19, Township 35 South, Range 40 East; thence Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the East right-of-way of Yates Road and the Point Of Beginning; less therefrom the South 44.50 feet for right-of- way of the N.S.L.R.D.D. Canal No. 39. Also, less therefrom the following described parcel of land: Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida, and run Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50 East to the West right-of-way of Yates Road; thence North along the West right- of-way of Yates Road a distance of 44.5 feet to the Point Of Beginning; thence continue North along the West right-of-way of Yates Road a distance of 202.91 feet to the Northeast corner of the parcel of land as described in Deed recorded in Official Record Book 695, page 943; thence run South 89°59'50" West along the Northerly boundary line of said parcel of land a distance of 263.42 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 695, page 943; thence run South 00°38'23" West along the Westerly boundary line of said parcel of land 202.91 feet to the North right-of-way of N.S.L.R.D.D. Canal No. 39; thence run East along the North right-of-way of N.S.L.R.D.D. Canal No. 39 a distance of 263.56 feet more or less to the Point Of Beginning. Also, less therefrom the following described parcel of land: Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida, and run Easterly October 1, 2013 Resolution No. 13-193 O'Brien Subdivision Paving Waiver Page 2 along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the East right-of-way of Dame Road; thence run North along the East right-of-way of Dame Road a distance of 44.5 feet to the Point Of Beginning; thence continue North along the East right-of-way of Dame Road a distance of 101.46 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 702, page 610; thence run North 89°59'50 East along the Northerly boundary line of said parcel of land a distance of 263.42 feet to the Northeast corner of the parcel of land described in Deed recorded in Official Record Book 702, page 610; thence run South 00°38'23 West along the Easterly boundary line of said parcel of land a distance of 101.46 feet to the North right-of-way of N.S.L.R.D.D. Canal No. 39; thence run West along the North right-of-way of N.S.L.R.D.D. Canal No. 39 a distance of 263.42 feet to the Point Of Beginning. Section 19 /Township 35S /Range 40E A. The approval granted herein is subject to the following condition: 1. Current or future lot owners and their heirs/assigns within the platted O'Brien subdivision agree to participate in any lawfully established MSTU, MSBU, or other special assessment district created for the purpose of providing for paving and drainage improvements to Dame and/or Yates Roads. B. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman YEA Frannie Hutchinson, Vice-Chair YEA Chris Dzadovsky, Commissioner YEA Paula A. Lewis, Commissioner YEA Kim Johnson, Commissioner YEA October 1, 2013 O'Brien Subdivision Paving Waiver Page 3 Resolution No. 13-193 PASSED AND DULY ADOPTED this 1st day of October, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ~'~d i Chairman APPROVED AS TO FORM AND CORRECTNESS: 1 rj j ,~ COUNfiY ATTO October 1, 2013 O'Brien Subdivision Paving Waiver Page 4 Resolution No. 13-193 ATTEST: Exhibit A Site Location Map N ~ Y ~ ~ ~~ HOME P U ~ r- `n ~~ o LgCE LN ~ a ~ = Y T J J W Z U ~ J ~ O 2 L D G o a ~ ~ SEARS ST w ~ J Q Y o w O I T THOU I ES DR Subject o property Ds Z ~ Z ~ J Y ~ a N ~_ ~ HI KORY LN w > W ~ ~ J Z W S J H W r October 1, 2013 O'Brien Subdivision Paving Waiver Page 5 Resolution No. 13-193