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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4239076 10/18/2016 10:27:04 AM
OR BOOK 3922 PAGE 2387 - 2392 Doc Type: RESO
RECORDING: $52.50
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RESOLUTION 2016-159
MJSP 820144802
A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL
FOR THE PROJECT TO BE KNOWN AS NOBLE OAKS ESTATES
FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA.
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. Aurelio and Maria Pereira, presented a petition for a Major Site Plan approval for a
15 lot residential subdivision to be known as Noble Oaks Estates, located on the east"
side of South 25th Street, approximately 320 feet south of Midway Road, within the
RS -2 (Residential, Single Family-2du/ac) Zoning District and described in Part B.
2. The Development Review Committee has reviewed the Major Site Plan for the
proposed project and found it to meet all technical requirements of the St. Lucie
County Land Development Code and to be consistent with the future land use maps
of the St. Lucie County Comprehensive Plan.
S
3. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property,
the character of the neighborhood, traffic conditions, parking, utility facilities, or
other matters affecting the public health, safety and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping,
and screening, subject to compliance, with the wetland waiver.
6. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
7. The proposed project will be served by adequate public facilities and services.
File No.: MNSP 820144802
October 4, 2016
Resolution 2016-159
Page 1
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8. The applicant has applied for and received a Certificate of Capacity, a copy of which
is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County
Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the
Major Site Plan for the project to be known as Noble Oaks Estates, is hereby approved
as shown on the site plan drawings for the project prepared by Boggs Planning and
Landscaping Architect dated October 12, 2015, revised through September 8, 2016,
and date stamped received by the St. Lucie County Planning Division on September 14,
2016, subject to the following conditions:
1. Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the
applicant shall either construct or bond all required improvements prior to
recordation of the final plat. Should the applicant choose to bond the required
improvements, a Subdivision Improvement Agreement together with the
appropriate surety supported by an engineer's opinion of probable cost shall
be required. The engineer's opinion of probable cost shall be approved by the
County Engineer. The form of surety shall be approved by the County
Attorney. The final plat shall not be recorded until the County Administrator or
designee approves and signs the Subdivision Improvement Agreement.
2. Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a
detailed development plan for the area proposed for vegetation removal shall be
submitted to determine compliance with LDC 6.00.05A&B. Detailed development
plans may include a site plan or building plan, as required by the St. Lucie County
Land Development Code.
3. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the
required executed St. Lucie County conservation easement and the Environmental
Resources Department -approved Preserve Area Monitoring and Management Plan
(PAMMP) with an attached affidavits, and a cashier's check, payable to the Clerk of
the Court for the appropriate recording fees, to the County Attorney for review
and approval. A shapefile or CAD file of the proposed conservation easement
boundaries shall also be provided to the Environmental Resources Department. A
copy of the standard Conservation Easement document can be obtained by visiting
the St. Lucie County Environmental Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
File No.: MNSP 820144802
October 4, 2016
Resolution 2016-159
Page 2
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4. Prior to the issuance of a Vegetation Removal Permit or Exemption, the
developers, their successors or assigns, shall satisfy the balance of 146.5 inches of
tree mitigation through the donation of trees, shrubs, and groundcovers to be
determined by the ERD Director.
5. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of
the site, the developers, their successor or assigns, shall conduct a pre -
construction meeting with construction personnel addressing required tree
protection measures. I
6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
provide a copy of the Homeowners Association guidelines (Homeowners/Property
Owners Association or Declaration of Covenants documents) for ERD review. The
guidelines, at a minimum, should specify restrictions on removal of trees
preserved for overall project mitigation, any encroachment into the open space,
preserve, and lake management tracts, prohibitions within Zone A and Zone B
Shoreline Protection Zones, and lay out the rights and responsibilities for
maintenance of the conservation areas.
7. Prior to issuance of a Building Permit, all invasive exotic vegetation located within
the property boundary shall be removed (Land Development Code Section
7.09.05).
8. Prior to the issuance of a Certificate of Occupancy, the developers, their
successors or assigns, shall provide ERD with an as -built landscape plan indicating
the location of the 100 cabbage palms.
9. All native vegetation, including understory, shall be preserved in the 75' shoreline
protection zone.
10. All development within the Noble Oaks Subdivision shall conform to the residential
landscape requirements that are effective at the time of Building Permit issuance.
Prior to the issuance of any Certificate of Occupancy for any individual home, the
parcel shall conform to the residential landscape requirements of the St. Lucie
County Land Development Code.
11. The issuance of County development permit does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the County if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
File No.: MNSP 820144802
October 4, 2016
Resolution 2016-159
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12. All other applicable state or federal permits must be obtained before
commencement of the development.
13. Pursuant to the State of Florida Department of Health, Chapter 64E-6, Florida
Administrative Code, Section 64E-6.0019(5), a voluntary inspection of individual
septic systems by the Homeowner shall be required and written into the Noble
Oaks Estates Homeowners Association Documents. Inspection shall commence 5
years from the date of Certificate of Occupancy, and every 5 years thereafter.
B. The property on which this site plan approved is being granted is described as follows:
Part of the nw 1/4 of the sw 1/4 of Section 4, Township 36 South, Range 40 East, St.
Lucie County, Florida, more particularly described as follows:
The north 340 feet of the south 983 feet of the nw 1/4 of the sw 1/4 of said section 4,
and land abutting same on east to river containing ten acres more or less, excepting
however the south ten feet thereof.
Less and except: a triangular shaped parcel lying in the northwest 1/4 of the
southwest 1/4 of Section 4, Township 36 South, Range 40 East, St. Lucie County,
Florida, and being more particularly bounded and described as follows:
Commence at the southwest corner of said Section 4; thence north 89`40' 12" east,
along the south line of said Section 4 a distance of 45.00 feet to the intersection of
said south line of Section 4 and the east right-of-way line of South 25th Street; thence
north 0012' 58" west, along said east right-of-way line and parallel with the west line
of said Section 4 a distance of 1975.54 feet to the north line of the south 653.00 feet
of the northwest 1/4 of the southwest 1/4, said point being the point of beginning;
thence north 0315' 08" east, a distance of 330.60 feet to the intersection of a line
65.00 feet east of said west line of section 4 and the north line of the south 340.00
feet of the north 1/2 of the northwest % of the southwest 1/4; thence south 00`12'
58" east, parallel with said west line of section 4, a distance of 330.00 feet to said
north line of the south 653.00 feet of the northwest 1/4 of the southwest 1/4; thence
south 8947' 36" west, along said north line a distance of 20.00 feet to the point of
beginning.
Parcel id# 3404-312-0001-000/4
C. The approvals and authorizations granted by this Resolution for the purpose of
obtaining plat approval on this property, shall expire on October 4, 2018, unless the
plat has been recorded in public records or an extension has been granted in
accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code.
D. The conditions set forth in Part B are an integral nonseverable part of the site plan
approval granted by this Resolution. If any condition set forth in Section B is
determined to be invalid or unenforceable for any reason and the developer declines
File No.: MNSP 820144802
October 4, 2016
Resolution 2016-159
Page 4
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to comply voluntarily with that condition, the site plan approval granted by this
resolution shall become null and void.
E. A copy of this Resolution shall be attached to the site plan drawings described in
Section A, which plan shall be placed on file with the St. Lucie County Planning and
Development Services Director.
After motion and second, the vote on this resolution was as follows:
Chair Kim Johnson AYE
Vice -Chair Chris Dzadovsky NAY
Commissioner Tod Mowery AYE
Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 4th day of October, 2016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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ATTEST APPROVED AS TO FORM AND CORRECTNESS
File No.: MNSP 820144802
October 4, 2016
Resolution 2016-159
Page 5
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St Lucie County
Cerdficate of Capacity
Date 10,(512016 Certificate No. 2976
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
4. Type of development IfmrSiteMm
Number of units IS Number of square feet
2. Property legal description & Tax ID no.
3404-312-0001-00014
E -at side of 25& 5 3211 ft so uffi of A H dw:*-
WL MM MOMMI
3. Approval: Building Resolution No. 2016-159 Letter
4. SubjerAto the folloydrig conditions for concurrency:
owner's. name
Aumeho andManaPemm
Address
1425 SE -W-1][12ge GMM IhiVe
Fort SL lade FL 34952
S. Certificate Expiration Date I4SI.1017
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development o issued with this. certificate, or for subsequent
developinent or r(s) iss for the same property, use and size as described herein.
te: 10SM16
W
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PIanninu and De4opment Services Director
St Lucie Comrwly, Florida
Uleftisday, Odaber 05, 2016
File No.: MNSP 820144802
October 4, 2016
Pap I Gf2
Resolution 2016-159
Page 6