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HomeMy WebLinkAbout20-191RESOLUTION NO. 2020-191 File No.: RPW-4202025725 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 Drawdy Brothers' Investments, LLLP, for a waiver request regarding the fair share contribution requirements for the proposed improvements located at 5075 Header Canal Road. 2 The applicant desires to subdivide the property into five (5) parcels. A proposed site plan has been reviewed and has been deemed appropriate for continued processing towards a plat for the subdivision into five (5) parcels, each in excess of five (5) acres in size. The plan provides for individual access to each of the five (5) lots from Header Canal Road. The property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 3. Staff has performed a detailed analysis of the project and determined it to not 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 S. Header Canal Road North Subdivision, dated August 11, 2020. 4. On August 18, 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 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 condition: 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 Drawdy — North Header Canal agree to participate and shall be a "yes" vote in any lawfully JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT elution No. 2020-191 SAINT LUCIE COUNTY Page 1 FILE # 4747592 08/28/2020 11:46:19 AM RPW-4202025725 OR BOOK 4468 PAGE 113 - 116 Doc Type: RESO RECORDING: $35.50 established MSTU, MSBU or other special assessment district created for the purpose of providing paving and/or drainage improvements to South Header Canal Road. B. The property for which this paving waiver is approved is described as follows: LEGAL DESCRIPTION THE EAST 1/2 OF THE SOUTHEAST 1/4, LYING SOUTH OF STATE ROAD NO. 70, LESS THE SOUTH 49 FEET AND THE EAST 143 FEET, IN SECTION 2, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. LESS PORTION CONVEYED TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1 727, PAGE 2973, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 47.06 ACRES, MORE OR LESS. PARCEL ID No.: 3202-411-0039-000-3 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 Resolution No. 2020-191 Page 2 RPW-4202025725 PASSED AND DULY ADOPTED This 1811 day of August 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY air ATTEST: APPROVED AS TO FORM AND RECTNESS: Deputy CI County Atto ey, r'oMAf11ss�oy tl1 tGCtF COUN'f�•F��O Resolution No. 2020-191 Page 3 RPW-4202025725 Exhibit "A" I I lo Midway Rd m Rd c case w 0 eech - __ Subject — _ Parcel s O O III. II 1 Resolution No. 2020-191 Page 4 RPW-4202025725