HomeMy WebLinkAbout20-029RESOLUTION NO. 2020-29
RPW 11201925647
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY GRANTING A WAIVER TO MASTEC, INC. 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. Kim ley -Horn submitted an application on behalf of MasTec, Inc. for a waiver request regarding
the fair share contribution requirements for the proposed improvements located at 1809
and 1819 Totten Road, Fort Pierce. The proposed improvements consist of placing
approximately a 1500 square foot utility contractor modular office on the site and removing
the existing onsite structures and utility shed. A map depicting the proposed development
site is attached as Exhibit A.
2. The subject matter was advertised and scheduled on the agenda for the January 14, 2020
BOCC meeting as a public hearing item. A written request was submitted that day by the
applicant for a continuance until a later date. The item was opened for the public hearing and
then continued by the Board to the February 18, 2020 meeting
3. Staff has performed a detailed analysis of the project and determined it to be consistent with
the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in
the Public Works Memorandum for the Totten Road Paving Waiver Request, dated January 31,
2020.
4. On February 18, 2020, the Board consider the adoption of a paving waiver. After reviewing the
staff report and considering public comment at the public hearing, this Board granted approval
of the paving waiver subject to the following condition:
The developer, heirs and assigns agree to participate and shall be a "yes" vote in any
lawfully established MSTU (Municipal Service Taxing Unit), MSBU (Municipal Service
Benefit Unit) or other special assessment district created for providing paving and/or
drainage improvements. Additionally, developer will agree to consider any other
collective local measure to provide roadway surface treatment to Totten Road.
RPW 11201925647
Resolution 2020-29 dOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY RESO
FILE # 4683701 03I0512020 04,16:57 PM
OR BOOK 4392 PAGE 756 - 758 Doc Type
RECORDING: $27 00
r
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 St. Lucie County Land Development Code, the proposed
paving waiver for the project known as MasTec, Inc., is hereby approved as shown on the
aerial exhibit for the project prepared by Kimley-Horn, dated September 4, 2019, and date
stamped received by the St. Lucie County Planning and Development Services Department on
November 22, 2019.
B. The property for which this paving waiver is granted approval is described as follows:
1819 Totten Rd:
17 35 40 TRACT IN NE COR OF NE 1/4 OF NW 1/4 OF SW 1/4 OF SW 1/4 294 FT ON N LI 320 FT ON S
LI 244.16 FT ON W LI AND 244.4 FT ON TOTTEN RD (59) (1.72 AC)
1809 Totten Rd:
17 35 40 BEG AT SE COR OF SW 1/40F NW 1/4 OF SW 1/4 TH RUN N 220FT, TH W 150 FT, TH S 220
FT, TH E 150 FT TO POB-LESS RD- (56) (0.63 AC)
Parcel ID's: 2417-323-0004-000/6 & 2417-332-0001-000/3
C. The developer is advised as part of this paving waiver approval that the developer or any
successor in interest shall obtain all applicable development permits and construction
authorizations from the appropriate State and Federal and local regulatory agencies including,
but not limited to, the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, and South Florida Water Management District, and the St. Lucie
County Environmental Resources and Building Departments prior to the commencement of
any development activities on the property described in Part B. Issuance of this approval by
the County does not in any way create any rights on the part of the developer to obtain a
permit from a state or federal agency and does not create any liability on the part of the
County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertake actions that may result in a
violation of state or federal law.
D. The condition set forth in Section 4 is an integral nonseverable part of the paving waiver
approval granted by this Resolution. If any condition set forth in Section 4 is determined to
be invalid or unenforceable for any reason and the developer declines to comply voluntarily
with that condition, this Resolution shall become null and void.
E. This Resolution shall be recorded in the Public Records of St. Lucie County.
Resolution 2020-29
RPW 11201925647
Page 2
F. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chair Cathy Townsend AYE
Vice -Chair Chris Dzadovsky AYE
Commissioner Sean Mitchell AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 18th day of February, 2020.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chair
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
DE UTY CLERK iY Co
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RPW 11201925647
Resolution 2020-29 Page 3