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HomeMy WebLinkAbout21-304 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4896289 07/19/2021 01:44:23 PM • OR BOOK 4650 PAGE 2314-2317 Doc Type:RESO RECORDING: $35.50 RESOLUTION NO. 2021 -304 File No.: RPW-2202125969 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: 1. Velcon Engineering & Surveying, Inc. submitted on behalf of Robert Johnson and Peter Hays, an application for a waiver request regarding the fair share contribution requirements for the proposed improvements located along the east side of S. Brocksmith Road, approximately 1-mile south of Orange Avenue. 2 The applicant desires to subdivide a 50.23-acre parcel that has 362.50 linear road frontage along S. Brocksmith Road into seven (7) parcels . A proposed site plan has been reviewed and deemed appropriate for continued processing towards a plat for the subdivision into seven (7) parcels, each exceeding five (5) acres in size. The plan provides for a single access to the seven (7) of the lots from S. Brocksmith Road. The property is 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 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. Brocksmith Road Subdivision, dated June 9, 2021. 4. On July 6, 2021, the Board held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing. 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 approved 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 S. Brocksmth Road 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 S. Brocksmith Road. Page 1 Resolution No. 2021-304 July 6,2021 RPW-2202125969 B. The property for which this paving waiver is approved is described as follows: LEGAL DESCRIPTION TRACT 9 LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN N 00° 21'37" W, ALONG THE NORTH-SOUTH 1/4 SECTION LINE, A DISTANCE OF 2057.50 FEET, TO A POINT 595.92 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN N 89° 38' 23" E, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN N 00° 21' 37"W, ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 362.50 FEET; THENCE RUN N 89° 38' 23" E, A DISTANCE OF 1291.45 FEET, TO THE NORTH-SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00° 16'46"W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET, TO THE EAST-WEST 1/4 SECTION LINE; THENCE RUN S 89° 50' 26" E, ALONG THE SAID EAST-WEST 1/4 SECTION LINE, A DISTANCE OF 1286.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 52; THENCE RUN S 00° 11' 54" E, ALONG THE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1332.15 FEET; THENCE RUN S 89° 38' 23" W, A DISTANCE OF 1284.39 FEET; TO THE NORTH-SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00° 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 760.00 FEET; THENCE RUN S 89° 38' 23" W, A DISTANCE OF 1290.94 FEET, TO THE EAST RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 50.23 ACRES, MORE OR LESS. LOCATION: East side of S. Brocksmith Road, Fort Pierce, FL 34945 PARCEL I.D. NO.: 2317-411-0000-000-1 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. Page 2 Resolution No. 2021-304 July 6,2021 RPW-2202125969 • E. 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 PASSED AND DULY ADOPTED This 6th day of July 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY air ATTEST: APPROVED AS TO FORM AND COR ECTNESS: 4111 ir Deputy Clerk '$ County Attor4,4 0 r �` -,*` 0Vr,f1e*. 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