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M FRY Jr CLERK OF THE CIRCUIT COURT
EDWIN. ,"
SAINT LUCIE CO~;2~ at 02046 PM
FILE # 2877600 O6IAGE 844 _ 852 Doc Type: RESO
OR BOOK 2586 P
RECORDING: $78.00
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RESOLUTION NO. 06-009
FILE NO: PUD-04-029/RZ-04-032
A RESOLUTION GRANTING PRELIMINARY PLANNED
UNIT DEVELOPMENT APPROVAL FOR THE PROJECT
TO BE KNOWN AS WHISPERING OAKS - PLANNED
UNIT DEVELOPMENT
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. EH Building Group II, Inc.. presented a petition for Preliminary Planned Unit
Development approval for the project to be known as Whispering Oaks for the
construction of a total of 372 units consisting of 145 single-family lots, 143 townhouse
units with a one car garage, and 84 townhouse units with no garage to be located on
67.18 acres on the east side of South Jenkins Road, approximately 1/3 mile south of
Orange Avenue.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
3. On March 16, 2006, the St. Lucie County Planning and Zoning Commission held a public
hearing, of which due public notice was published and mailed to all property owners
within 500 feet at least 10 days prior to the hearing, and recommended that the Board of
County Commissioners deny the Preliminary Planned Unit Development approval for the
project to be known as Whispering Oaks - PUD, for the property depicted on the
attached Maps as Exhibit "A" and described in Part B below.
4. On March 21,2006, the St. Lucie County Board of County Commissioners held a public
hearing, of which due public notice was published and mailed to all property owners
within 500 feet at least 10 days prior to the hearing, and granted Preliminary
Development Plan approval for the project to be known Whispering Oaks - PUD.
5. 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.
6. 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.
File No,: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 1
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7. 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.
8. 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.
9. The proposed project will be served by adequate private facilities and services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
Preliminary Site Plan for the project to be known as Whispering Oaks - A Planned Unit
Development be, and the same is hereby approved as shown on the site plan drawings for the
project prepared by Jones Jordan & Goulding, Inc., dated February 13, 2006, and date stamped
received by the St. Lucie County Growth Management Director on February 22, 2006, for the
property described below, subject to the following conditions:
1. Prior to the recording of any Final Plats of the Whispering Oaks Planned Unit
Development, the developer, his successors or assigns, shall pay Road Impact
Fees to St. Lucie County in the amount of $2,616.00 per single-family lot and
$1,902.00 per multiple-family (townhouse) unit. The developer, his successors or
assigns, shall not be responsible for any additional Road Impact Fee payments to
St. Lucie County. Should the Board of County Commissioners approve a Road
Impact Fee adjustment more than or less than the agreed to payment schedule
described above, the above described schedule shall apply.
2. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall pay the amount of $500,000.00 to St. Lucie County to
offset any and all impacts of the Whispering Oaks PUD on St. Lucie County's
transportation network. This contribution shall be used by the County as follows:
a) a portion of the contribution shall first be used to pay for the proportionate
share of the impacts of the Whispering Oaks - PUD on the intersection of Kings
Highway and Orange Avenue, and b) the remainder of the contribution shall be
applied toward the cost of the preparation of a Realignment and Widening Study
for roadway improvements for South Jenkins Road from Okeechobee Avenue to
Orange Avenue. This contribution, along with payment of the impact fees and the
required specific site related improvements, shall satisfy all impacts of the
Whispering Oaks - PUD on St. Lucie County's road network.
3. As a part of any Final Plat of the proposed project, the petitioner, his successors
or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 20 feet of
the subject property along South Jenkins Road for additional right-of-way. To the
extent permitted under the County's Code and Compiled Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No, 06-009
Page 2
1
2 4. Prior to the recording of any Final Plats for the project, the developer, his
3 successor or assigns, shall either construct or submit sufficient security in
4 accordance with Section 11.04.00 of the St. Lucie County Land Development Code
5 for the construction of a southbound left turn lane into the project entrance on
6 South Jenkins Road.
7
8 5. Prior to the recording of any Final Plats for the project, the developer, his
9 successor or assigns, shall either construct or provide sufficient security in
10 accordance with Section 11.04.00 of the St. Lucie County Land Development Code
11 for the construction of a northbound right turn lane into the project entrance on
12 South Jenkins Road.
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14 6. Prior to the recording of any Final Plats for the project, the developer, his
15 successor or assigns, shall either construct or provide sufficient security in
16 accordance with Section 11.04.00 of the St. Lucie County Land Development Code
17 for the construction of a left turn lane into the project entrance on Peterson Road.
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19 7. Prior to the recording of any Final Plats for the project, the developer, his
20 successor or assigns, shall either construct or provide sufficient security in
21 accordance with Section 11.04.00 of the St. Lucie County Land Development Code
22 for the construction of a 6-foot wide sidewalk along the project's frontage on
23 South Jenkins Road.
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25 8. The developer, his successors or assigns, shall be required to provide a Bus
26 StoplTransit Stop at the entrance to the project on South Jenkins Road.
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28 9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
29 developer, his successors or assigns, shall provide to the St. Lucie County
30 Environmental Resources Department an executed and recorded copy of the
31 conservation easement for the 10.01 acres of uplands to be preserved.
32
33 10. Prior to Final Planned Unit Development Approval, the developer, his successors
34 or assigns, shall submit and have approved adequate littoral planting plans to the
35 St. Lucie County Environmental Resources Department. Said landscape plan shall
36 include the exact littoral zone locations around a portion of each lake constructed
37 on site along with the proposed plant sizes, quantities, and spacing.
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39 11. The Homeowners Association guidelines provided with the Final Planned Unit
40 Development shall include or reference the Preserve Area Management and
41 Monitoring Plan.
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43 12. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, all
44 preserve areas shall be barricaded per the approved Preserve Area Management
45 and Monitoring Plan.
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47 13. No two adjoining single-family homes shall have the same front architectural
48 elevation.
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 3
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14. The irrigation system within this project shall be designed to accept reuse water
from the Ft. Pierce Utilities Authority (FPUA) as the preferred method of irrigation.
15. The hours of operation for construction activities shall be limited from 6 A.M. to 6
P.M., Monday through Saturday.
B. The property on which this Preliminary Planned Unit Development approval is being
granted is described as follows:
PARCEL 1
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE WEST 1/2
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL IN
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE RIGHT -OF-
WAY FOR CANAL NO. 35 OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT
DISTRICT.
PARCEL 2
THE WEST 3/4 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
AND THE NORTH 132 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND
EXCEPT THE RIGHT-OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
PARCEL 3
THE SOUTH 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE
RIGHT-OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY PURPOSES ONLY OVER, UNDER,
AND ACROSS THE EASTERLY TWENTY-FIVE FEET OF THE FOLLOWING DESCRIBED
LAND:
BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 35
SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHTS-OF-WAY
FOR ORANGE AVENUE AND JENKINS ROAD, AND ALSO LESS THE SOUTH 541.85 FEET,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SUBJECT TO AND AS SHOWN IN THE OVERLAP AREA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
File No.: PUD-04-028/RZ-04-030
March 21,2006
Resolution No. 06-009
Page 4
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COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE
RUN NORTH 89°42'05" EAST ALONG THE NORTH LINE OF THE SAID NORTHWEST
QUARTER, A DISTANCE OF 1329.82 FEET TO THE NORTHEAST CORNER OF THE SAID
NORTHWEST QUARTER; THENCE RUN SOUTH 00°13'04" WEST ALONG THE EAST LINE
OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 46.50 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD 68) AND THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 00°13'04" WEST, A DISTANCE OF 615.18 FEET
TO A 1/2" IRON ROD WITH A CAP STAMPED RLS 2391; THENCE RUN SOUTH 89°43'10"
WEST, A DISTANCE OF 13.07 FEET TO A POINT THAT IS SOUTH 00°22'23" WEST, A
DISTANCE OF 7.92 FEET FROM A 5/8" IRON ROD TO A 1/2" IRON ROD WITH A CAP
STAMPED RLS 2391; THENCE RUN NORTH 00°22'23" EAST, A DISTANCE OF 615.19 FEET
TO THE SAID SOUTH RIGHT-OF-WAY LINE OF ORANGE AVENUE AND A 1/2" IRON ROD
WITH A CAP STAMPED RLS 2391; THENCE RUN NORTH 89°42'05" EAST, A DISTAII!CE OF
11.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.173 ACRES, MORE OR LESS, ALL LYING AND BEING IN SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES, MORE OR LESS.
(Tax ID#'s: 2407-321-0001-000/8; 2407-331-0001-000/9; and, 2407-313-0001-000/3)
(Location:
East side of South Jenkins Road, approximately 1/3 mile south of
Orange Avenue)
C. This Preliminary Planned Unit Development approval sha.1I expire on March 21, 2008,
unless an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County
Land Development Code or Final Planned Unit Development approval has been granted.
D. A copy of this resolution shall be attached to the site plan drawings described in Part A,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
E. A copy of this Order shall be attached to the site plan drawings described in Section A,
which plan shall be on file with the St. Lucie County Growth Management Director.
F. This Order shall be recorded in the Public Records of 51. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
Vice-Chairman Chris Craft
NAY
Commissioner Paula A. Lewis
AYE
File No.: PUD-04-028/RZ-04-030
March 21 , 2006
Resolution No, 06-009
Page 5
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Commissioner Joseph E. Smith
NAY
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 21st Day of March 2006.
BOARD OF COUNTY COMMISSIONERS'
ST. LUCIE COUNTY, FLORIDA
=lJltLj
Chair n .
BY
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
"m County Attorney
hI
H:\WORD\Petitions\BCC\FINISHED.06\WhisperingOaksPreliminaryPUD.PD\WhisperingOaksPreliminaryPUD-RES.doc
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 6
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EXHIBIT "A"
General Location Map
Area Subject to Preliminary Planned
Unit Development Approval
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No, 06-009
Page 7
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A petition of EH Building Group for Preliminary Planned Unit Development
Approval for the Project to be known as Whispering Oaks.
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PETERSON RD
PUD 04-028
& RZ 04-030
Legend
~ Subject property
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Map prepared September 23, 2005