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HomeMy WebLinkAbout21-021 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY • FILE# 4829934 03/10/2021 04:44:43 PM OR BOOK 4569 PAGE 55-60 Doc Type:RESO RECORDING: $52.50 RESOLUTION NO. 2021 -21 File No.: RPW - 8202025828 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING 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: ti Happy Foods, LLC submitted an application for a road paving waiver request regarding the access to new development, public, or private, to be paved according to county specifications to permit the development of an Agricultural Labor Housing facility to be located at 29800 Orange Avenue. A map depicting the proposed development site is attached as Exhibit "A". 2. Happy Foods LLC intend to construct an Agricultural Labor Housing facility for their workers in the citrus industry. Concurrent applications for a Major Site Plan and Conditional Use have been reviewed and has been deemed appropriate for continued processing towards approval by the Board of County Commissioners. The site plan provides for access via private easement from Orange Avenue to the 7.7-acre site to be developed. The property is legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 3. On February 2, 2021, 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. 4. Staff has performed a detailed analysis of the project and determined it 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— Happy Food Housing Development, dated January 13, 2021. 5. The Board consider the adoption of a road paving waiver. After reviewing the staff report and considering public comment at the public hearing, this Board granted the paving waiver subject to the following condition(s): 1. The developer, heirs, and/or assigns agree that the private access Resolution No. 2021-21 Page 1 RPW-8202025828 • easement to the labor housing may only be used for direct agricultural operations of the site. Any changes in the site from agricultural operations and/or revisions of the labor housing will be subject to review of conditions and requirements consistent with County codes at that time. 2. Any future expansion of the Agricultural Labor Housing Conditional Use Petition and Major Site Plan shall require the Road Paving Waiver to be brought before the Board of County Commissioners for additional review and determination. 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 requested paving Waiver for the project known as Happy Foods Agricultural Labor Housing, is hereby approved based on the minimum traffic impacts generated by the proposed development, subject to the conditions of approval referenced in Paragraph 5. B. The property for which this paving Waiver is approved is described as follows: LEGAL DESCRIPTION PARCEL 1 ALL OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4, BEAR NORTH 00 DEGREES 08 MINUTES 03 SECONDS WEST ALONG AN EXISTING FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 33, A DISTANCE OF 5724.51 DEET; THENCE BEAR NORTH 00 DEGREES 14 MINUTES 07 SECONDS WEST ALONG SAID FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 5388.33 FEET; THENCE BEAR NORTH 00 DEGREES 29 MINUTES 12 SECONDS WEST ALONG THE EXISTING FENCE LINE TO THE INTERSECTION WITH THE WEST LINE OF SECTION 28, A DISTANCE OF 4426.14 FEET TO THE END OF SAID LINE; AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: Resolution No. 2021-21 Page 2 RPW-8202025828 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A FOUND 4"X4" CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89° 58'53" EAST ALONG THE SOUTH LINE OF SAID SECTION 4 A DISTANCE OF 5371 .68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8" DIAMETER REBAR WITH CAP STAMPED "RLS 2084"; THENCE RUN NORTH 00°30'59" WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88°57'56" WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 88°57'56" WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00°30'59" WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88°57'56" EAST A DISTANCE OF 736.68 FEET; THENCE UN SOUTH 00°30'59" EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED SURVEYED PARCEL CONTAING 30,445,370.88 S.F. OR 698.93 ACRES MORE OR LESS. DESCRIPTION OF PARCEL `B': (AREA OF DEVELOPMENT) A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A FOUND 4"X 4" CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89°58'53" EAST ALONG THE SOUTH LINE OF SECTION 4 A DISTANCE OF 5371.68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8" DIAMETER REBAR WITH CAP STAMPED "RLS 2084"; THENCE RUN NORTH 00°30'59" WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88°57'56" WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; Resolution No. 2021-21 Page 3 RPW-8202025828 FROM SAID POINT OF BEGINNING, RUN THENCE NORTH 88°57'56" WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00°30'59" WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88°57'56" EAST A DISTANCE OF 736.68 FEET; THENCE RUN SOUTH 00°30'59" EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE SURVEYED PARCEL CONTAINING 335,513.24 S.F OR 7.70 ACRES, MORE OR LESS. PARCEL ID No.: 2104-111-0001-000-3 C. The conditions set forth in Paragraph 5 is an integral nonserverable part of the paving Waiver within this Resolution. If any condition set forth in Paragraph 5 is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with the condition, this Resolution shall become null and void. D. This Resolution shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02(F), of the St. Lucie County Land Development Code. 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. G. After motion and second, the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice-Chair AYE Commissioner Cathy Townsend AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Resolution No. 2021-21 Page 4 RPW-8202025828 PASSED AND DULY ADOPTED This 2nd day of February 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: APPROVED AS TO FORM AND Ce -RECTNES • `-101/4 LAI\ 4kta/ Deputy Clerk ounty A or -y O `res V z u %f % m 4cOUMTY,FLOc6O♦ Resolution No. 2021-21 Page 5 RPW-8202025828 „ . Exhibit "A” _1_ I , , ,, : _ \ . - - 7.; - --] rn , ., u i -, :`add i It ll,' 1- L _ G I -II '',j 7-'': -I; _T I Ll 'A'¢ I I " i I T1- i g [.-- i _ Area of i L- o Development 1 Y - I ' ' ' LI1 I I I O c, 11 J I-- - 'Orange Ave_ ILL I I J I , 1 I_L- - i I f I / L . 1r -i _ _ _Li_ 1 PI I I - ----1, ! \ - I iI - - - s 11, Resolution No. 2021-21 Page 6 RPW-8202025828