HomeMy WebLinkAbout15-108RESOLUTION NO. 15-108
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A WAIVER TO HAYS SUBDIVISION,
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. Pete and Linda Hays propose to develop a project known as Hays Subdivision.
The proposed project is located along the eastern frontage of Brocksmith Road, approximately
5200 feet south of Orange Avenue. The project is comprised of two residential lots and a road
right-of-way tract to be dedicated to St. Lucie County. A map depicting the proposed
development site and is attached as Exhibit "A."
2. The applicant has applied for a paving waiver and entered into an agreement to
pay a Fair Share Contribution towards the paving of Brocksmith Road.
3. On July 7, 2015, this Board held a public hearing to consider the adoption of a
Resolution after publishing and mailing notice. This Board granted approval of a waiver, with
conditions, from the paving requirement.
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 Brocksmith Road.
5. The County Engineer recommends that the Board grant the paving waiver
request on condition that the developer contribute a fair share amount towards the paving of
Brocksmith Road. The Engineering Division has reviewed the analysis prepared by the
Developer's engineer and approves the fair share contribution in the amount of $48,154.
6. The funds shall be held in escrow by the County for ten (10) years to only be
used for the paving of Brocksmith Road accessing the development. Any funds 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 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 Brocksmith Road providing access to the property described below is hereby
granted on the property described as follows:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP
35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00 DEGREES 21' 37"
WEST, ALONG THE NORTH -SOUTH 1/4 SECTION LINE A DISTANCE OF 2620.00 FEET, TO A POINT
33.42 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST % OF SAID SECTION 17;
THENCE RUN NORTH 89 DEGREES 38' 23" EAST, A DISTANCE OF 43.50 FEET, TO THE EAST
RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN
NORTH 00 DEGREES 21' 37" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF
33.02 FEET, TO THE EAST -WEST Y. SECTION LINE; THENCE RUN NORTH 00 DEGREES 21' 50"
WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 676.98 FEET; THENCE RUN
SOUTH 85 DEGREES 51' 22" EAST, A DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION LINE;
THENCE RUN SOUTH 00 DEGREES 16' 26" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A
DISTANCE OF 586.87 FEET, TO THE EAST -WEST Y. SECTION LINE; THENCE RUN SOUTH 00
DEGREES 16' 48" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET;
THENCE RUN SOUTH 89 DEGREES 38' 23" WEST, A DISTANCE OF 855.85 FEET; THENCE RUN
NORTH 00 DEGREES 21' 37" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89
DEGREES 38' 23" WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF WAY LINE OF
BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
SAID PARCEL CONTAINING 23.48 ACRES, MORE OR LESS.
B. ADOPTION.
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:
Chair Paula A. Lewis
AYE
Vice -Chairman Kim Johnson
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Tod Mowery
NAY
PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie
County, Florida, on this 7th day of July, 2015.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: '
Chair
APPROVED AS TO FORM AND
mm
County AttorKey