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Home My WebLink About21-411 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4963151 12/08/2021 12:05:03 PM OR BOOK 4734 PAGE 618-621 Doc Type:RESO RECORDING: $35.50 RESOLUTION NO. 2021-411 File No.: RPW-8202126134 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY REGARDING A WAIVER WITH CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED ACCESS TO NEW DEVELOPMENTS FOR A PROJECT KNOWN AS MULLER ROAD - TOTH ACRES 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. Tod Mowery, AICP of Retail Design Group, applied on behalf of Daniel J. & Gessica Toth, for a waiver request regarding the fair share contribution requirements for the proposed improvements located on the south side of Muller Road, approximately one-quarter mile east of Eleven Mile Road., Fort Pierce. The applicant desires to subdivide the property into four(4)parcels. The proposed site plan provides for multiple access points on Muller Road. The property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. 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— Muller Road— Toth Acres, dated October 26, 2021. 3. On November 16, 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. 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 proposed paving waiver for the project known as MULLER ROAD - TOTH ACRES, is hereby approved, subject to the following condition: 1. The current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit(MSBU)or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road that serve the subject property. Resolution No. 2021-411 Page 1 RPW-8202126134 B. The property for which this paving waiver, and proportionate share contribution, is granted approval is described as follows: Legal Description LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. SITUATE IN THE COUNTY OF SAINT LUCIE, STATE OF FLORIDA. CONTAINING: 1,621,229 SQUARE FEET OR 37.218 ACRES, MORE OR LESS. Location: South side of Muller Road, east of Eleven Mile Road, Fort Pierce, FL 34945 Parcel ID: 2333-411-0000-000-1 C. The developer is advised as part of this paving waiver action that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. D. The conditions set forth in Part A are an integral non-severable part of the paving waiver approval granted by this Order. If the condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the paving waiver approval granted by this Order shall become null and void. 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: Sean Mitchell, Chair, Chair AYE Resolution No. 2021-411 Page 2 RPW-8202126134 Frannie Hutchinson , Vice-Chair AYE Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED This 16th day of November 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 6)' 7 — Chair ATTEST: APPROVED AS TO FORM AND C9R ECTNESS: 444/1( 41/11A oY C04� Deputy Clerk County Attor ey ! .4 n1 rG • * Co r F Loa�40r Resolution No. 2021-411 Page 3 RPW-8202126134 Exhibit A r b�e�ad 'R:iii --\,' ` \ Ok• /____\\ �JI 1 e_ r J I — i _. ►, // T d / , .4. .._ f.„.,_ , _ . 1 .,....„ _ ea, , _ —1111HSubject - — T Parcel --T J I :' I - , _1- A____ _i II l�T ti Midway Rd .c` i_______„i__ i \ ii . . ,. , .,. __ .. ,,,,,, , ....._ 1 ty( . .,_, }-yj - - - .___Algri." Resolution No. 2021-411 Page 4 RPW-8202126134