HomeMy WebLinkAboutPDS-19-029 - Noble Oaks Estates Major Site PlanI
PDS Order 19-029
File No. EDO 6201925538
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY SECTION 252.363 FLORIDA STATUTES
TO THE SCHEDULED EXPIRATION DATE FOR THE
PROJECT KNOWN AS NOBLE OAKS ESTATES MAJOR
SITE PLAN.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the request for a development order extension timely submitted by Yvonne P.
Dudley, and has made the following determinations:
1. On October 4, 2016, the Board of County Commissioners approved a Major Site Plan
to allow for a 15 lot residential subdivision, 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.
2. On October 4, 2018, the Planning and Development Services Director granted PDS
Order 18-054 a development order extension due to the threat of Hurricane Maria.
3. On May 3, 2017, the Governor issued Executive Order 17-146 for 60 days due to the
opioid epidemic threat to the State of Florida. The Governor further extended this
order eleven (11) times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329,
18-47, 18-110, 18-177, 18-235, 18-279, 18-362, and 19-36 on February 1, 2019,
concluding April 2, 2019, due to the continual opioid epidemic threat to the State of
Florida residents. The total amount of time allowed for this extension request is 549
days plus six (6) months.
4. Section 252.363, Florida Statutes provides that any local government issued
development order or permit may be extended, from the period remaining, for the
duration of the emergency declaration plus six months.
5. Section 252.363, Florida Statutes requires that a specific written notice be filed with
the issuing authority within ninety days after the termination of the declaration of
emergency. The applicant applied for this extension on June 3, 2019.
6. Planning Staff performed analysis of the project and determined that the extension is
consistent with the original St. Lucie County development order granting approval.
Further analysis is found in the memorandum titled Noble Oaks Estates, LLC
Executive Orders 17-146 (Opioid Epidemic) Extensions, dated July 29, 2019.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE tt 4604358 08/12/2019 10:53:23 AM
OR BOOK 4307 PAGE 441 - 445 Doc Type: ORD
RECORDING: $44.00
File No.: EDO 6201925538
PDS Order No. 19-029
Page 1
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and
Development Services of St. Lucie County, Florida:
A. Pursuant to Section 252.363, Florida Statutes of the State of Emergency Act the
approval for the project known as Noble Oaks Estates has been found to be
eligible for a statutory extension. The statutory extension granted though PDS
Order 18-054 is extended from its last scheduled date of expiration; September 1,
2019, and now shall expire September 1, 2021, for the property described in Part
B, is hereby approved with the following conditions:
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. Condition A-3 of Resolution No. 2016-159, has been satisfied.
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.
4. Condition A-4 of Resolution No. 2016-159, has been revised.
Prior to the issuance of a Vegetation Removal Permit or Exemption associated with
a Building Permit, the developers, their successors or assigns, shall satisfy the
remaining balance of 70 inches of tree mitigation through the donation of trees,
shrubs, and groundcovers to be determined by the ERD Director."
File No.: EDO 6201925538 PDS Order No. 19-029
Page 2
5. Condition A-5 of Resolution No. 2016-159, has been satisfied.
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.
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.
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
File No.: EDO 6201925538 PDS Order No. 19-029
Page 3
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 statutory extension is being granted is described as
follows:
LEGAL DESCRIPTION:
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 89040' 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 00012' 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 03015' 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 1/4 of the
Southwest 1/4; thence South 00o12' 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 89047' 36" West, along said
North line a distance of 20.00 feet to the Point of Beginning.
Parcel Identification Number: 3404-312-0001-000-4
C. The approvals granted by this administrative order shall expire on September 1,
2021, unless a building permit is issued and active or an extension has been
granted in accordance with Section 11.02.06, St. Lucie County Land Development
Code.
D. The conditions set forth in Part A are an integral nonseverable part of the site plan
approval granted by this Resolution. If any 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 site plan approval granted by
this resolution shall become null and void.
E. The Certificate of Capacity granted by the Planning and Development Services
Director shall be valid for the period of this Development Order. If this order expires
or otherwise terminates, the Certificate of Capacity shall automatically terminate.
File No.. EDO 6201925538 PDS Order No. 19-029
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F. A copy of this extension shall be placed on file with the St. Lucie County Planning
and Development Services Director.
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the lQ, day of , 2019.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Leslie Olson, A irector
APPROVEDAS TO FORM
AND CORRE¢TNESS:. /)
unty AVbn)ey
File No EDO 6201925538 PDS Order No. 19-029
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