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HomeMy WebLinkAbout22-221MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5140773 01/09/2023 03:56:10 PM OR BOOK 4936 PAGE 509 - 512 Doc Type: RESO RECORDING: $35.50 RESOLUTION NO. 2022-221 File No.: SPMj-2202226276 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: Engineering Design & Construction, Inc., submitted an application on behalf of Drawdy Brothers Investments LLP and Drawdy Properties LLC, for a waiver request regarding paving and the associated fair share contribution requirements for waiving paving requirements for access to a proposed Major Site Plan for property located approximately 2,036 feet south of Okeechobee Road and west of South Header Canal Road in St. Lucie County, Florida. 2. On August 18, 2020, the Board of County Commissioners granted approval through Resolution 2020-139 of a Road Paving Waiver and elected to waive the fair share contribution based on the minimal traffic impacts generated by the proposed development. 3. On September 22, 2020, the Planning & Development Services Director approved PDS Order 2020-018 for a six (6) lot subdivision to be known as Drawdy - South Header Canal site plan. 4. The applicant desires to amend the Lynn Ranch South Header Canal (formerly known as Drawdy Header Canal South) site plan to include ten (10) lots (subdivide two (2) parcels totaling 55.66 acres) whereas the Drawdy Header Canal South site plan was approved for six (6) lots. A proposed Major Site Plan and Plat, to subdivide the property, are being reviewed by County staff for compliance with the St. Lucie County Land Development Code. The overall site plan is legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 5. 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, with the Condition of Approval depicted in Paragraph "A" below. The analysis is found in the Public Works Memorandum titled Paving Waiver Request — Proposed South Header Canal Road Subdivision, dated November 4, 2022. Resolution No. 2022-221 Page 1 SPMj-2202226276 6. On December 6, 2022, 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 criteria found in Land Development Code Section 7.05.07.B.2.a.(1) and the minimal traffic impacts projected by the project, 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 MSTU, MSBU or other special assessment district created for the purpose of providing paving and/or drainage improvements to South Header Canal. B. The property for which this paving waiver is approved is described as follows: OVERALL SITE PLAN 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. ADDRESS.: Approximately 2,036 feet south of Okeechobee Boulevard and west of South Header Canal Road in St. Lucie County Florida. PARCEL ID NUMBERS AFFECTED.: 3211-411-0001-000-6 and 3211-131-0001-000-7. 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. Resolution No. 2022-221 Page 2 SPMj-2202226276 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 Linda Bartz, Vice -chair AYE Larry Leet, Commissioner AYE Jamie Flower, Commissioner AYE Chris Dzadovsky, Commissioner AYE PASSED AND DULY ADOPTED This 61h day of December 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 0�g Chair ATTEST: APPROVED AS TO FORM AND CO ECTNESS: coMi�,��� Deputy Clerk G p County Atto ey " m a c�VNrX F4��`�' Resolution No. 2022-221 Page 3 SPMj-2202226276 Exhibit "A" Resolution No. 2022-221 Page 4 SPMj-2202226276