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HomeMy WebLinkAbout20-193RESOLUTION NO. 2020-193 File No.: RPW-4202025724 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: L 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 on the west side of Header Canal Road, approximately 2,000 feet south of the intersection of SR 70 (Okeechobee Road) and Header Canal Road. 2. The applicant desires to subdivide property into six (6) parcels. A proposed site plan has been reviewed and has been deemed appropriate for continued processing towards the subdivision into six (6) parcels, each in excess of twenty (20) acres in size. The plan provides for individual access to each of the six (6) 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 South 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 site plan stating that the owners, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 2020-193 Page 1 SAINT LUCIE COUNTY KPW-4202025724 FILE # 4747M 08/28/2020 11:46:19 AM OR BOOK 4468 PAGE 117 - 120 Doc Type: RESO RECORDING: $35.50 heirs and assigns of the lots indicated on the proposed plat known as Drawdy — South Header Canal 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 South Header Canal Road. B. The property for which this paving waiver is approve is described as follows: LEGAL DESCRIPTION: PARCEL 2: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LESS RIGHT-OF-WAY FOR PUBLIC ROADS AND DRAINAGE CANALS, ST. LUCIE COUNTY, FLORIDA. PARCEL 3: THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LESS THE WEST 475 FEET, LESS THE EAST 143 FEET AND LESS THE SOUTH 49 FEET, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM ANY OF THE ABOVE LANDS AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 314, PAGE 1992, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; ALSO LESS AND EXCEPTING THEREFROM ROAD AND CANAL RIGHTS -OF -WAY CONTAINING 152.29 ACRES, MORE OR LESS. PARCEL ID NO.: 3211-111-0004-000-6 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 Resolution No. 2020-193 Page 2 RPW-4202025724 PASSED AND DULY ADOPTED This 181h day of August 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m ATTEST: APPROVED AS TO FORM AND CORRECTNESS:_--, Deputy C rk County �►'� GOMM/ss,�' v � '�► Qr coumv.,V P� Resolution No. 2020-193 Page 3 RPW-4202025724 Exhibit "A" Resolution No. 2020-193 Page 4 RPW-4202025724