HomeMy WebLinkAbout20-154 RESOLUTION NO. 2020-154
File No.: RPW 9201925596
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY GRANTING A WAIVER TO EMMA VIAMONTES 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. Culpepper& Terpening, Inc. submitted an application on behalf of Emma Viamontes, for a
waiver request regarding the fair share contribution requirements for the proposed
improvements located at 3606 S. Brocksmith Road, Fort Pierce. The applicant desires to
subdivide the property into five (5) parcels. The proposed site plan provides for a single
access to four (4) of the lots from S. Brocksmith Road. The remaining lot has existing
access from SR 70. The property legally described in Paragraph "B" and depicted on the
attached map as Exhibit "A".
2. 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 titled Paving Waiver Request — Proposed
Viamontes Subdivision, dated June 11, 2020.
3. On July 7, 2020, the Board held a public hearing on the petition, 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.
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 Viamontes Subdivision, is hereby
approved, subject to the following condition:
1. The current and future owners and their heirs/assigns agree to participate and shall
be a "yes" vote in any lawfully established MSTU, MSBU or other special
assessment district created for the purpose of providing paving and/or drainage
improvements to S. Brocksmith Road.
B. The property for which this paving waiver is granted approval is described as follows:
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY Resolution No. 2020-154
Page 1 FILE# 472946907/15/20200913:59AM RPW 9201925596
OR BOOK 4446 PAGE 968-971 Doc Type:RESO
RECORDING: $35.50
Legal Description
S/D OF ALL 29-35-39 LOT 18 AND THAT PART OF LOTS 23 AND 26 LYG NLY AND
WLY OF OKEE RD-LESS CANAL R/W AND LESS OKEE RD WIDENING AS IN OR 312-
2569 AND LESS ADDN RD R/W MPDAF:FROM SE COR OF SEC RUN N 00 11 15 E
1997.96 FT,TH S 76 14 12 W 32.90 FT,TH N 13 45 48 W 66 FT,TH S 76 14 12 W 917.44
FT TO CURVE CONC SE,R OF 2930.79 FT,TH SWLY ALG ARC 399.03 FT TO POB;TH
CONT ALG CURVE 1504.60 FT,TH S 51 56 40 W 7.49 FT,TH N 52 50 16 W 82.04 FT,TH
N 00 27 56 E 312.03 FT,TH N 89 46 43 E 43.71 FT,TH S 00 13 17 E 21.74 FT TO CURVE
CONC E,R OF 340 FT,TH SLY ALG ARC 117.52 FT,TH S 43 49 52 E 87.66 FT,TH S 87
49 17 E 18.77 FT TO CURVE CONC SE,R OF 3019.79 FT,TH NELY ALG ARC 222.01
FT TO CURVE CONC SE,R OF 3105 FT,TH NELY ALG ARC 1143.79 FT TO E LI OF
LOT 23,TH S 00 19 32 W ALG E LI 28.86 FT TO POB SUBJ TO ESMT AS IN OR 3446-
2007- AND LESS ADDL RD R/W AS IN OR 4211-614- (32.271 AC - 1,405,724 SF) (OR
1404-1557)
Location: 3606 S. Brocksmith Road, Fort Pierce, FL 34945
Parcel ID: 2329-501-0018-000-3
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 conditions set forth in Part A are an integral non-severable 'art of th- .- •• - - p s
approval granted by this Order. If the condition set forth i Soctiaa. A is determined to be /�
invalid or unenforceable for any reason and the developer declines to comply voluntarily
with that condition, the paving waiver approval granted by this Order shall become null and
void.
E. A copy of this Order shall be placed on file with the St. Lucie County Planning and
Development Services Department and mailed to the developer and agent of record as
identified on the paving waiver application.
F. This Resolution shall be recorded in the Public Records.
Resolution No. 2020-154
Page 2 RPW 9201925596
G. After motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair AYE
Chris Dzadovsky, Vice-Chair AYE
Commissioner Sean Mitchell AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED This 7th day of July 2020.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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BY
Chair
ATTEST: APPROVED AS TO FORM
AND C•"ECTNESS:
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Resolution No. 2020-154
Page 3 RPW 9201925596
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