HomeMy WebLinkAbout06-053
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RESOLUTION NO. 06-053
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FILE NO: PUD-04-028/RZ-04-030
A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-3
(RESIDENTIAL, SINGLE-FAMILY - 3 DUlACRE) ZONING DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT - WHISPERING OAKS)
ZONING DISTRICT, AND FINAL PLANNED DEVELOPMENT SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN AS WHISPERING OAKS
_ PLANNED UNIT DEVELOPMENT, AND A CHANGE IN ZONING FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, has made
the following determinations:
CHANGE IN ZONING
1, EH Buildinq Group, presented a petition for a Change in Zoning from the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District to the PUD (Planned Unit
Development - Whispering Oaks) Zoning District for certain property in SI. Lucie County,
Florida as depicted on the attached maps as Exhibit "A" and described in Parts "B"
below,
2, On March 16, 2006, the SI. 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,
3, On March 21,2006, the SI. 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,
4, On April 18, 2006, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property and granted Final Planned Unit Development approval.
5, The proposed change in zoning is consistent with the SI. Lucie County Comprehensive
Plan and meets the requirements of Section 11,06,03 of the SI. Lucie County Land
Development Code, EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 2921501 09/01/2006 at 03:46 PM
OR BOOK 2647 PAGE 1494 - 1507 Doc Type: RESO
RECORDING: $120.50
File No,: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No, Uö-Ub;j
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SITE PLAN
The petitioner is proposing the construction of 374 units consisting of 145 single-family
lots, 143 townhouse units with a one car garage, and 86 townhouse units with no garage
for property located on the east side of South Jenkins Road, approximately 1/3 mile
south of Orange Avenue north side of Orange Avenue.
The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
On March 16, 2006, the SI. 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.
On March 21, 2006, the SI. 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.
On April 18, 2006, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property, and granted Final Development Site Plan approval for the property
described below.
Whispering Oaks PUD is consistent with the general purpose, goals, objectives, and
standards of the SI. Lucie County Land Development Code, the SI. Lucie County
Comprehensive Plan, and the Code of Ordinances of SI. Lucie County.
Whispering Oaks PUD 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,
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,
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.
The proposed project will be served by adequate public facilities and services.
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 2
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI.
Lucie County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the Final
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
Jordan Jones & Goulding, dated April 17, 2006, and date stamped received by the SI. Lucie
County Growth Management Director on April 18, 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 ofthe impacts ofthe 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. The Final Plat for the Whispering Oaks PUD shall not be recorded until
constructible engineering plans are approved, and all common
improvements are either:
a) built and accepted or approved by St. Lucie County; or
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 3
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b) appropriate security is provided to St. Lucie County in a form
approved by the County Attorney and an amount approved by the
County Engineer, including an amount necessary to cover the
period of maintenance required by the Land Development Code.
4.
No final site plan construction Development Permits order shall be issued
by the County until complete sets of sealed constructible final engineering
plans, supporting calculations and survey data for all site work and offsite
improvements are submitted to the County and approved by the Public
Works Department, Utilities Department, Environmental Resources
Department, Growth Management Department, St. Lucie County Fire
District, and any other agency or County Department that may be
determined by the Director of Growth Management to be necessarily
involved in the review and approval of the constructible final engineering
plans for the site work and offsite improvements. The determination of
whether or not plans submitted by the applicant constitute a complete set
of constructible plans shall be made by the departments involved in the
plan review within five business days of the date the plans are received in
the Department of Growth Management.
5.
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.
6.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or submit sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land
Development Code for the construction of the following off-site
improvements:
a. A southbound left turn lane into the project entrance on South
Jenkins Road;
b. A northbound right turn lane into the project entrance on South
Jenkins Road;
c. A left turn lane into the project entrance on Peterson Road;
d. A 6-foot wide sidewalk along the project's frontage on South
Jenkins Road.
7.
The developer, his successors or assigns, shall be required to provide a
Bus StoplTransit Stop at the entrance to the project on South Jenkins
Road.
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resoiution No, 06-053
Page 4
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15.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
developer, his successors or assigns, shall provide to the Sl Lucie County
Environmental Resources Department the following:
a. An executed and recorded copy of the conservation easement
for the 10.01 acres of uplands to be preserved;
b. A revised landscape plan illustrating the exact littoral zone
locations around a portion of each lake constructed on site
along with the proposed plant sizes, quantities, and spacing.
Prior to the issuance of the last required Certificate of
Occupancy, the littoral plantings shall be required to be
installed;
c. Homeowners Association guidelines that include or reference
the Preserve Area Management and Monitoring Plan;
d. Assurance that all preserve areas shall be barricaded per the
approved Preserve Area Management and Monitoring Plan.
No two adjoining single-family homes shall have the same front
architectural elevation.
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, if available.
The hours of operation for construction activities shall be limited to the
time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M.
to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take
place on Federal Holidays. The hours of operation restrictions do not
apply to sales activities. In the event the County adopts uniform hours of
operation for construction activities that apply county wide, then such
hours of operation shall supersede the hours of operation set forth herein.
Lots 5 through 9 and 55 through 65, inclusive, shall be limited to one story
single family units.
All construction traffic shall use the South Jenkins Road entrance and no
construction traffic shall use the Peterson Road entrance.
All perimeter walls, fences and berms shall be completed within ninety (90)
days of receipt of the Vegetation Removal Permit. All references to wall,
fence and berm heights shall be measured from finished grade.
The wall shown on the site plan along the northern property line between
lots 5 through 9 and the properties along U Vista Court shall be seven (7)
feet high measured from finished grade.
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 5
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The property on which this Final Planned Unit Development Site Plan 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:
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
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 6
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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 DISTANCE 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 Final Planned Unit Development Site Plan approval shall expire on April 18, 2008,
unless an extension is granted in accordance with Section 11.02.06(B)(3), SI. Lucie County
Land Development Code or building permits have been issued.
D. The Final Planned Unit Development Site Plan approval granted under this Resolution is
specifically conditioned to the requirement that the petitioner, EH Building Group, including any
successors in interest, shall obtain all necessary development permits and construction
authorizations from the appropriate State and Federal regulatory authorities, including, but not
limited to: the United States Army Corp of Engineers, the Florida Department of Environmental
Protection, and the South Florida Water Management District, prior to the issuance of any local
building permits or authorizations to commence development activities on the property described
in Part B.
E. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit "B",
was granted by the Director of Growth Management on April 18, 2006, which certificate shall
remain valid for the period of Site Plan approval or any extension granted thereto.
F. 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 SI. Lucie County Growth Management Director.
G. The SI. Lucie County Growth Management Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Map of SI. Lucie County,
Florida, and to make notation of reference to the date of adoption of this resolution.
H. The Director of Growth Management shall coordinate the issuance of further site
Development Permits. No final site construction authorizations or site Development Permits
shall be issued until all requirements for such permits are met.
File No.: PUD-04-028/RZ-Q4-030
April 18, 2006
Resolution No. 06-053
Page 7
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I. A copy of this resolution shall be mailed, return receipt requested to the developer and
agent of record as identified on the site plan applications.
J. This resolution shall be recorded in the Public Records of SI. Lucie County. The
recording of this resolution does not authorize the commencement of anyon-site development
activities without obtaining such further development permits as may be required. All applicable
conditions of approval as set forth above, and all applicable code requirements must be met to
satisfaction of the County before final site construction permits are issued.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
Vice-Chairman Chris Craft
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joseph E. Smith
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 18'h Day of April 2006.
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BOARD OF COUNTY COMMISSIONERS
:: LUCIEC~¿
C irman
ATTEST:
APPROVED AS TO FORM AND
CORRE NESS:
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H :IWORDlPetitionsIBCCIFI N ISHED. 061 WhisperingOaks. POI WhisperingOaksFinaIPD-RES-FinaIVersion.doc
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 8
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Exhibit A
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Maps
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9 . General Location Map
10 . Area Subject to the Final Planned
11 Unit Development Approval
12 . Site Plan Graphics
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16
File No.: PUD-04-028/RZ-04-030
April 18, 2006
Resolution No. 06-053
Page 9
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Exhibit "B"
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Certificate of Capacity
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File No.: PUD-Q4-028/RZ-04-030
April 18, 2006
Resolution No, 06-053
Page 13
8t Lucie County
Certificate of Capacity
Date 8/3/2006 Certificate No. 2468
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:
1. Type of development
Number of units 374
Number of square feet
2. Property legal description & Tax ID no.
240732100020006;240733100010009;240731300010003
East of Jenkins Road, 1/3 mile south Orange A
Whispering Oaks
3. Approval: BuildinQ
Resolution No. 06-053
Letter
4. Subject to the following conditions for concurrency:
See Resolution 06-053
Owner's name
EH Building Group
Address
4227 North Lake Blvd
Palm Beach Garden FL 33410
6. Certificate Expiration Date 8/3/2008
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 orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed
75:0# 4I~
Date: 8/3/2006
Growth Management Director
St Lucie County, Florida
Thursday, August 03, 2006
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