HomeMy WebLinkAbout14-209JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4026001 12/24/2014 at 04:06 PM
OR BOOK 3702 PAGE 2121 - 2129 Doc Type: RESO
RECORDING: $78.00
1 RESOLUTION 2014-209
2 FILE NO.: SPMJ 620144775
3
4 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE
5 WHISPERING OAKS PLANNED UNIT DEVELOPMENT
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7 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
8 testimony and evidence, including but not limited to the staff report, has made the following
9 determinations:
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11 1. Capital Tract, LLC, presented a petition for a Major Adjustment to an existing Planned Unit
12 Development (PUD) Site Plan known as Whispering Oaks PUD to reconfirm the existing
13 entitlement and to convert 86 townhouse units without garages to 86 townhouse units with
14 garages located on the east side of South Jenkins Road approximately 1/3 mile south of
15 Orange Avenue, as described in Section B. The Whispering Oaks PUD major adjustment
16 consist of 144 single family lots and 230 townhomes with garages for a total of 374
17 residential units.
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19 2. On April 18, 2006, this Board adopted Resolution 06-053, granting Final Planned Unit
20 Development Site Plan approval and a change in zoning to PUD (Planned Unit Development
21 —Whispering Oaks).
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23 3. On November 18, 2014, this Board held a public hearing on this petition for which public
24 notice was published in the St. Lucie News Tribune, a sign was erected on the property, and
25 a notice was mailed to all property owners within 500 feet at least 10 days prior to the
26 hearing.
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28 4. Pursuant to Land Development Code Section 11.02.05(F), this Board has determined that
29 approving the proposed Major Adjustment to the Final PUD Site Plan is in substantial
30 conformity with the original approval and meets the standards of review, subject to the
31 conditions set forth in Part A of this Resolution.
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33 5. The proposed project is consistent with the general purpose, goals, objectives and
34 standards of the St. Lucie County Land Development Code, the St. Lucie County
35 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.
7. The Certificate of Capacity, issued on August 3, 2006, remains valid and demonstrates
compliance with the requirements under Chapter V, St. Lucie County Land Development
Code.
SPMJ 620144775
November 18, 2014
Resolution 2014-209
Page 1
1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
2 County, Florida:
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4 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Whispering
5 Oaks PUD Site Plan is hereby approved as depicted on the site plan drawings for the project
6 prepared by Cotleur & Hearing, dated May 8, 2014, last revised on September 29, 2014, and
7 date stamped received by the Planning and Development Services Department on October 2,
8 2014, for the property described in Section B, subject to the following conditions:
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10 1. All previous conditions of approval applicable to the subject property, as contained in
11 Resolution No. 06-053 granting Final Planned Unit Development approval have been
12 consolidated as contained herein. The property owner shall comply with all previous
13 conditions of approval and deadlines established by Chapter 11 of the Land Development
14 Code and the Board of County Commissioners, unless expressly modified herein.
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16 2 Condition A-1 of Resolution No. 06-053, deleted.
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20 iR the am9unt ef $2,616.00 peF GiRgle family let and $1,902.00 peF multiple family
21 (townhouse) unit. The develepeF, his SUGGesse, - -1 ass shall Rot be FeSPORSible for aRY
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26 3. Condition A-2 of Resolution No. 06-053, deleted.
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29 a%igRS, shall pay the aFA96111t Of $500,000.00 t9 St. LUGie GOURty to offset aRY and all
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31 GORtFibUtiOR shall be used by the GGURty as follewsL
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34 A -venue, and
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38 the iFnpaGt fees and the FeqUiFed GpeGifiG site Felated iFnPFGV9FneRt6, shall Satisfy
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SPMJ 620144775 Resolution 2014-209
November 18, 2014 Page 2
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4. Condition A-3 of Resolution No. 06-053, remains.
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
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.
5. Condition A-4 of Resolution No. 06-053, is hereby amended as follows.
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, Planning and Development Services Department, St.
Lucie County Fire District, and any other agency or County Department that may be
determined by the Director of GrevAh Management Planning and Development Services 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 day6 of the Ante the plans
6. Condition A-5 of Resolution No. 06-053, remains.
As a part of any Final Plat of the proposed project, the petitioner, his successors or assigns,
shall convey or 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.
7. Condition A-6 of Resolution No. 06-053, is hereby amended as follows.
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.
Notwithstanding the above, the developer, his successors and assigns agrees to correct the
deficiencies set out in the letter from Craig A. Hauschild, P.E. to Michael Schorah, P.E.
SPMJ 620144775
November 18, 2014
Resolution 2014-209
Page 3
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dated January 28, 2011 and updated as per the email sent from Patrick Dayan to Dan
Sorrow on July 11, 2014. The Developer agrees to enter into a Reimbursement agreement
with the County that would allow the Developer to be reimbursed by the County for the cost
of correcting the deficiencies up to the maximum amount of $110,000.00 (which is the
amount received by the County from the prior developer's surety). If the cost to correct the
deficiencies exceeds $110,000.00, the Developer agrees to pay the additional cost.
8. Condition A-7 of Resolution No. 06-053, remains.
The developer, his successors or assigns, shall be required to provide a Bus Stop/Transit
Stop at the entrance to the project on South Jenkins Road.
9. Condition A-8 of Resolution No. 06-053, is hereby amended.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the developer, his
successors or assigns, shall provide to the St. Lucie County Environmental Resources
Department the following:
i pland to he preseNed;
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.
10. Condition A-9 of Resolution No. 06-053, remains.
No two adjoining single-family homes shall have the same front architectural elevation.
11. Condition A-10 of Resolution No. 06-053, remains.
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.
12. Condition A-11 of Resolution No. 06-053, remains.
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.
SPMJ 620144775
November 18, 2014
Resolution 2014-209
Page 4
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13. Condition A-12 of Resolution No. 06-053, remains.
Lots 5 through 9 and 55 through 65, inclusive, shall be limited to one story single family
units.
14. Condition A-13 of Resolution No. 06-053, remains.
All construction traffic shall use the South Jenkins Road entrance and no construction traffic
shall use the Peterson Road entrance.
15. Condition A-14 of Resolution No. 06-053, remains.
All perimeter walls, fence 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.
16. Condition A-15 of Resolution No. 06-053, has been satisfied.
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17. Prior to the recording of the Final Plat all deficiencies associated with the required off-site
improvements shall be completed and final certification documents shall be submitted to St.
Lucie County Engineering for review and approval. The following documentation is required
for the final certification package; two signed and sealed certificates of completion by a
Florida licensed engineer; two signed and sealed sets of record drawings by a Florida
licensed surveyor and all supporting geo-technical test data.
18. Prior to the commencement of the off-site construction the developer, successor or assignee
shall obtain a St. Lucie County Right -of -Way Permit.
19. Prior to the issuance of a Right -of -Way Permit, the developer, successor or assignee shall
execute a Road Improvement Agreement with St. Lucie County and submit a surety for the
required off-site public improvements within Jenkins Road. The amount of surety shall be
115% of the engineer's estimate of probable cost. Form of surety shall be approved by the
County Attorney. The Agreement shall be approved and signed by the County Administrator
or designee.
20. Prior to Final Plat approval final on-site construction plans shall be submitted to St. Lucie
County Engineering of Review and approval.
21. Prior to the recording of the Final Plat, the County Surveyor shall verify that all required
survey markers have been placed in accordance with the requirements of Chapter 177, FS,
Part I and the St. Lucie County Land Development Code. The developer's surveyor shall
notify the County Surveyor when all required survey markers have been set and flagged.
SPMJ 620144775
November 18, 2014
Resolution 2014-209
Page 5
2 22. Prior to the recording of the Final Plat all internal improvements indicated on the site plan
3 and final engineering plans shall be constructed. A final certification of completeness shall
4 be delivered to St. Lucie County Engineering for review and approval. The final certification
5 shall include two signed and sealed certificates of completion by the engineer of record
6 together with two sets of record drawings signed and sealed by a Florida licensed surveyor
7 and all supporting geo-technical test data.
9 23. Prior to recordation of the Final Plat pursuant to chapter 11.04 of the St. Lucie County Land
10 Development Code, the developer, successor or assignee shall either construct or bond all
11 required on-site improvements. Should the developer choose to bond the required
12 improvements, a Subdivision Improvement Agreement (SIA) together with the appropriate
13 surety supported by an engineer's opinion of probable cost shall be submitted for review.
14 The engineer's opinion of probable cost shall be approved by the County Engineer. The
15 form of surety shall be approved by the County Attorney.
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24. Prior to issuance of a Veaetation Removal Permit the applicant shall provide the
required executed Conservation Easement over the onsite preserve areas, approved
Preserve Area Monitoring and Management Plan (PAMMP) with an attached
affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to
the County Attorney for review and approval. A copy of a standard Conservation
Easement can be found on the St. Lucie County Environmental Resources Department
website at: httpi//www.stiucieco.qov/pdfs/Conservation Easement Forrn.p f.
25. Prior to issuance of a Vegetation Removal Permit an updated gopher tortoise survey shall
be provided.
26. Prior to issuance of a Vegetation Removal Permit the developers, their successor or
assigns, shall conduct a pre -construction meeting with construction personnel and
Environmental Resources Department staff, to verify vegetation protection measures have
been installed.
27. Within 90 days of site plan approval all invasive exotic vegetation located within the preserve
areas shall be removed (Land Development Code Section 7.09.05).
28. The issuance of Countv development permit does not in anv wav create anv riahts 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 obliqations imposed by a state or federal aaencv or undertakes actions that result
in a violation of state or federal law.
29. All other applicable state or federal permits must be obtained before commencement of the
development.
30. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first the
developer, successor or assignee shall submit a preliminary record plat submission in
SPMJ 620144775
November 18. 2014
Resolution 2014-209
Page 6
1 accordance with the provisions of Section 11.03.Procedure for Platting of the Land
2 Development Code, including copies of all internal homeowners or property owners
3 association documentation describing the responsibilities/liabilities of the property
4 purchasers for review and approval by County staff.
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6 31. Prior to Final Plat approval for this project, the developer, successor or assignee shall have
7 provided documentation satisfactory to the Planning and Development Services Director
8 that ensures water and wastewater service will be available to service the proposed
9 residential development.
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11 32. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first the
12 developer, successor or assignee shall submit a preliminary record plat submission in
13 accordance with the provisions of Section 11.03 Procedure for Platting of the Land
14 Development Code, including copies of all internal homeowners or property owners
15 association documentation describing the cross access agreement for future connection to
16 the adjacent property to the north.
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18 33. Prior to the first Certificate of Occupancy for any residential building permit the developer,
19 his successor or assigns shall remit the sum of $100,000.00 for his contribution for the future
20 sidewalks along Jenkins Road. Fifty percent (50%) of this contribution shall be considered
21 to be non -site related and therefore qualify for a road impact fee credit in the amount of
22 $50,000.00. The developer shall enter into a written impact fee credit agreement which
23 shall provide that no credits shall be granted until the Developer had paid the sidewalk
24 construction set out above.
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26 34. Prior to the first Certificate of Occupancy for any residential building permit the developer,
27 successor or assignee shall enter into a Road Impact Fee Credit Agreement for $50,000.
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29 B. The property on which this Major Adjustment is being granted is described as follows:
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31 ALL OF THE PROPOSED PLAT OF "WHISPERING OAK, P.U.D." TO BE
32 RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE
33 PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: THE SOUTHWEST 1/4
34 OF NORTHEAST 1/4 OF SOUTHWEST 1/4, AND THE NORTHWEST 1/4 OF
35 SOUTHEAST 1/4 OF SOUTHWEST 1/4, AND THE WEST 1/2 OF SOUTHWEST 1/4
36 OF SOUTHEAST 1/4 OF SOUTHWEST 1/4, AND THE EAST 1/2 OF EAST 1/2 OF
37 SOUTHWEST 1/4, OF SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35
38 SOUTH, RANGE 40 EAST. LESS AND EXCEPT THE RIGHT OF WAY FOR CANAL
39 NO. 35 OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT.
40 PARCEL ID:2407-313-0001-000-3 PARCEL 2: THE WEST 3/4 OF THE NORTH 1/2 OF
41 THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 132 FEET OF
42 THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL
43 IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST. LESS AND EXCEPT THE
44 RIGHT OF WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE
45 COUNTY, FLORIDA. PARCEL ID:2407-331-0001-000-9 PARCEL 3: THE SOUTH
SPMJ 620144775 Resolution 2014-209
November 18, 2014 Page 7
1 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7,
2 TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM
3 THE RIGHT OF WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE
4 COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY
5 PURPOSES ONLY OVER, UNDER, AND ACROSS THE EASTERLY TWENTY-FIVE
6 FEET OF THE FOLLOWING DESCRIBED LAND: THE NORTHWEST 1/4 OF THE
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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. PARCEL ID:2407-331-0002-000-6 SUBJECT PARCEL
CONTAINING 67.18 ACRES, MORE OR LESS.
Location: East sides of South Jenkins Road, approximately 1/3 mile south of Orange
Avenue.
Parcel ID Numbers: 2407-313-0001-000/3, 2407-331-0001-000/9 and 2407-331-0002-
000/6
C. The approvals granted by this Resolution shall expire on November 18, 2016, unless a building
permit is obtained or an extension is granted in accordance with the provisions of Section
11.02.06 of the St. Lucie Land Development Code.
D. The developer is advised as part of this Major Adjustment approval for Whispering Oaks PUD,
including any successors in interest, the developer shall obtain all applicable development
permits and construction authorizations from the appropriate state and federal and local
regulatory agencies including, but not limited to, the United States Army Corps of Engineers,
the Florida Department of Environmental Protection, and South Florida Water Management
District, and the St. Lucie County Environmental Resources and Building Departments prior to
the commencement of any development activities on the property described in Part B. Issuance
of this permit by the County does not in any way create any rights on the part of the developer
to obtain a permit from a state or federal agency and does not create any liability on the part of
the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertake actions that may result in a
violation of state or federal law.
E. The Certificate of Capacity granted on August 3, 2006, shall remain valid for the period of
Development Plan approval. Should the Development Plan approval granted by this resolution
expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land
Development Code, a new certificate of capacity shall be required.
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 Planning and Development Services Director.
SPMJ 620144775
November 18, 2014
Resolution 2014-209
Page 8
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After motion and second, the vote on this resolution was as follows:
Commissioner Paula Lewis, Chair AYE
Commissioner Kim Johnson, Vice -Chair AYE
Chris Dzadovsky, Commissioner AYE
Tod Mowery, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED this 18th Day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST: APPROVED AS TO FORM
AND C RRECTNESS:
PUTY C ERK CO NTY ATTORNEY
GAPlanning\PROJECT FILES\Whispering Oaks SPMj 620144775\AGENDA BOCC
SPMJ 620144775
November 18. 2014
Resolution 2014-209
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