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HomeMy WebLinkAbout20-181JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4743945 08/19/2020 09:33:16 AM DR BOOK 4463 PAGE 2278 - 2281 Doc Type: RESO RECORDING: $35.50 RESOLUTION NO. 2020-181 File No.: RPW 7202025779 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A WAIVER 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: I Engineering Design & Construction, Inc. submitted an application on behalf of Carlos Vergara and Muller Road, LLC, for a waiver request regarding the fair share contribution requirements for the proposed improvements located on the south side of Muller Road, approximately Y2 mile east of the intersection of Muller Road and Eleven Mile Road. 2 The applicant desires to subdivide 96 acres into four (4) parcels. A proposed site plan has been reviewed and has been deemed appropriate for continued processing towards a plat for the subdivision to be known as Muller Road Ranches into four (4) parcels, each in excess of twelve (12) acres in size. The plan proposed provides for individual access to each of the four (4) lots from Muller Road. The property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 3. On August 4, 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. 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 conditions of approval outlined in Part A of this Resolution. 4. 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 Muller Road Subdivision, dated July 21, 2020. 5. 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 Muller Road. 6. 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 Muller Road. The Engineering Division has reviewed the analysis prepared by the Developer's engineer and approves the fair share contribution in the amount of $128,012. Resolution No. 2020-181 Page 1 RPW 7202025779 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 Board of County Commissioners approves the requested paving waiver and elects to waive the fair share contribution based on the minimum traffic impacts generated by the proposed development, subject to the following conditions: 1. The developer shall include language on the final plat stating that the owners, heirs and assigns of the lots indicated on the proposed plat known as Muller Road Ranches Subdivision 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 Muller Road. 2. Within 90 days after receiving final site plan approval, the developer shall convey the required 20 feet of additional right-of-way for Muller Road at no cost to the County as a condition of Site Plan approval to meet the County's minimum right-of-way standards. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. B. The property for which this paving waiver is approved is described as follows: Legal Description Parcel 2: The NW 1/4 of the NE 1/4 of the SW 1/4, Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida. LESS the East 550.00 feet of the NW 1/4 of the NE 1/4 of the SW 1/4, Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, less the North 25 feet for road right of way. AND The East 3/4 of the NW 1/4 of the SW 1/4, LESS the following: From the NE corner of the NE 1/4 of the NW 1/4 of the SW 1/4, run West along the North line 180 feet; thence South parallel to the East line of the NE 1/4 of the NW 1/4 of the SW 1/4, 275 feet; thence run East parallel to the North line 180 feet; thence run North along the East line of the NE 1/4 of the NW 1/4 of the SW 1/4, 275 feet, to the point of beginning, lying and being in Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida. Parcel 3: West 1/2 of the West 1/2 of the NW 1/4 of the SW 1/4, LESS AND EXCEPTING THEREFROM that part deeded to Frank P. Wolf, Jr. and Joan Marie Wolf by Warranty Deed recorded in O.R. Book 178, Page 842, in Section 34, Township 35 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. Together with, The SW 1/4 of the SW 1/4 of Section 34, Township 35 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. Resolution No. 2020-181 Page 2 RPW 7202025779 Parcel 5: The North 1/2 of the NW 1/4 of the NW 114 of Section 3, Township 36 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. Location: Muller Road, Fort Pierce, approximately t/z mile east of the intersection of Muller Road and Eleven Mile Road Parcel ID(s): 2334-312-0000-000-0, 2334-322-0002-000-5, 3303-221-0000-000-8 C. 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. D. This Resolution shall be recorded in the Public Records. E. 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 4th day of August 2020. ATTEST: D puty le v coM,�� Page 3 rr, sW�`O' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROV D AS TO AND C R ECTIN County A Resolution No. 2020-181 RPW 7202025779 Exhibit A RPW-7202025779 b Muller Road Ranches Owners Mailout r�—.YI' T �- �, �+� .. r� A ♦♦ it t--- � _ � ry p s■T -°� �-� '� k,,»-�,'-r,: � �¢� .,,sil. .40 ...._.._ .. f /f --- - : ! ■■ w-PRICE RU -e �G .. jam -"--STETSON RD -- _ ■ 2 r '-.i' j:.. ♦/ - i ( I ....♦ 5..:. . IN N!IDWAY - .t ANN* , t♦� .. Y. ......... + ♦- - - ------------ ----- : eR�..! ... ♦ `l �. .._ :.....'NE VELLRi7_ film Subject Property 0 2,500 5,000 rr500 ft Notification Area W.E Map 7123l2020 Lam, Parcels within 500ft Notification Area Feet prepared Resolution No. 2020-181 Page 4 RPW 7202025779