HomeMy WebLinkAboutPDS-16-049 - Whispering Oaks PUDJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4251459 11/23/2016 10:49:17 AM
OR BOOK 3935 PAGE 1943 - 1950 Doc Type: ORD
RECORDING: $69.50
1 PDS ORDER 16-049
2 FILE NO.: EDO 1020165074
3
4 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
5 SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
6 EXPIRATION DATE TO THE APPROVED WHISPERING OAKS
7 PLANNED UNIT DEVELOPMENT
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WHEREAS, the Planning and Development Services Director has reviewed the request for
development order extension timely submitted and in accordance with the provisions of Section
252.363, Florida Statues on behalf of Capital Tract, LLC, and has made the following
determinations:
1. On April 18, 2006, the Board of County Commissioners granted approval through Resolution
06-053, Planned Unit Development Site Plan for 375 residential units to be known as
Whispering Oaks PUD. The project consists of 67.18 acres located on the east side of
South Jenkins Road approximately 113 mile south of Orange Avenue.
2. On November 18, 2014, the Board of County Commissioners granted approval through
Resolution 2014-029 for a Major Adjustment to the existing Planned Unit Development
(PUD) Site Plan known as Whispering Oaks to reconfirm the existing entitlement and to
convert 86 townhouse units without garages to 86 townhouse units with garages.
3. On November 4, 2016, the Planning and Development Services Director granted through
PDS Order 16-048 a development order extension due to Executive Order 16-204.
4. On October 3, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-230
declaring a State of Emergency for Florida due to the threat of Hurricane Matthew.
5. 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.
6. 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 prior to the termination of the declaration on October
20, 2016.
7. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County development order granting approval. The
analysis is found in the memorandum titled Whispering Oaks PUD EO 16-230 Extension,
dated November 4, 2016.
EDO 1020165074
November 4, 2016
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4255355 12/13712016 02:05:07 PM
OR BOOK 3940 PAGE 215 - 222 Doc Type: ORD
RECORDING: $69.50
PDS 16-049
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NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St.
Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Planned
Development Site Plan approval for the project known as Whispering Oaks has been found
to be eligible for an extension. The approval granted under this PDS Order is extended for
60 days and six months and is now scheduled to expire January 18, 2019, for the property
described in Part B, is hereby approved with the following conditions.
All previous conditions of approval applicable to the subject property, as contained in
the above referenced development orders have been consolidated as contained herein.
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.
2. No final site plan construction Development Permits 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 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.
3. 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.
4. 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 southbound left turn lane into the project entrance on South Jenkins Road;
A northbound right turn lane into the project entrance on South Jenkins Road;
A left turn lane into the project entrance on Peterson Road;
A 6 -foot wide sidewalk along the project's frontage on South Jenkins Road.
EDO 1020165074
November 4, 2016
PDS 16-049
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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.
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.
5. 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.
6. 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:
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;
a. Homeowners Association guidelines that include or reference the Preserve Area
Management and Monitoring Plan;
b. Assurance that all preserve areas shall be barricaded per the approved Preserve Area
Management and Monitoring Plan.
7. No two adjoining single-family homes shall have the same front architectural elevation.
8. 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.
9, 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 countywide, then such hours of operation
shall supersede the hours of operation set forth herein.
10. Lots 5 through 9 and 55 through 65, inclusive, shall be limited to one story single family
units.
11. All construction traffic shall use the South Jenkins Road entrance, and no construction traffic
shall use the Peterson Road entrance.
12. 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.
E DO 1020165074
November 4, 2016
PDS 16-049
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2 13. Prior to the recording of the Final Plat all deficiencies associated with the required off-site
3 improvements shall be completed, and final certification documents shall be submitted to
4 the St. Lucie County Engineering Department for review and approval. The following
5 documentation is required for the final certification package: two signed and sealed
6 certificates of completion by a Florida licensed engineer; two signed and sealed sets of
7 record drawings by a Florida licensed surveyor and all supporting geo-technical test data.
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9 14. Prior to the commencement of the off-site construction the developer, successor or assignee
10 shall obtain a St. Lucie County Right -of -Way Permit.
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12 15. Prior to the issuance of a Right -of -Way Permit, the developer, successor or assignee shall
13 execute a Road Improvement Agreement with St. Lucie County and submit a surety for the
14 required off-site public improvements within Jenkins Road. The amount of surety shall be
15 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the
16 County Attorney. The Agreement shall be approved and signed by the County Administrator
17 or designee.
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19 16. Prior to Final Plat approval, final on-site construction plans shall be submitted to the St.
20 Lucie County Engineering Department for review and approval.
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22 17. Prior to the recording of the Final Plat, the County Surveyor shall verify that all required
23 survey markers have been placed in accordance with the requirements of Chapter 177, FS,
24 Part I and the St. Lucie County Land Development Code. The developer's surveyor shall
25 notify the County Surveyor when all required survey markers have been set and flagged.
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27 18. Prior to the recording of the Final Plat all internal improvements indicated on the site plan
28 and final engineering plans shall be constructed. A final certification of completeness shall
29 be delivered to the St. Lucie County Engineering Department for review and approval. The
30 final certification shall include two signed and sealed certificates of completion by the
31 engineer of record together with two sets of record drawings signed and sealed by a Florida
32 licensed surveyor and all supporting geo-technical test data.
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34 19. Prior to recordation of the Final Plat, pursuant to Chapter 11.04 of the St. Lucie County Land
35 Development Code, the developer, successor or assignee shall either construct or bond all
36 required on-site improvements. Should the developer choose to bond the required
37 improvements, a Subdivision Improvement Agreement (SIA) together with the appropriate
38 surety supported by an engineer's opinion of probable cost shall be submitted for review.
39 The engineer's opinion of probable cost shall be approved by the County Engineer. The
40 form of surety shall be approved by the County Attorney.
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42 20. Prior to issuance of a Vegetation Removal Permit the applicant shall provide the required
43 executed Conservation Easement over the onsite preserve areas, approved Preserve
44 Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's
45 check (payable to the Clerk of the Court for recording fees) to the County Attorney for
46 review and approval. A copy of a standard Conservation Easement can be found on the
EDO 1020165074 PDS 16-049
November 4, 2016 Page 4
1 St. Lucie County Environmental Resources Department website at:
2 http://www.stlucieco.govlpdfslConservation_Easement—Form.pdf.
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4 21. Prior to issuance of a Vegetation Removal Permit, an updated gopher tortoise survey shall
5 be provided.
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7 22. Prior to issuance of a Vegetation Removal Permit, the developers, their successor or
8 assigns, shall conduct a pre -construction meeting with construction personnel and
9 Environmental Resources Department staff, to verify vegetation protection measures have
10 been installed.
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12 23. Within 90 days of site plan approval, all invasive exotic vegetation located within the
13 preserve areas shall be removed (Land Development Code Section 7.09.05).
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15 24. The issuance of County Development permit does not in any way create any rights on the
16 part of the applicant to obtain a permit from a state or federal agency and does not create
17 any liability on the part of the County if the applicant fails to obtain requisite approvals or
18 fulfill the obligations imposed by a state or federal agency or undertakes actions that result
19 in a violation of state or federal law.
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21 25. All other applicable state or federal permits must be obtained before commencement of the
22 development.
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24 26. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first, the
25 developer, successor or assignee shall submit a preliminary record plat submission in
26 accordance with the provisions of Section 11.03., Procedure for Platting of the Land
27 Development Code, including copies of all internal homeowners or property owners
28 association documentation describing the responsibilities/liabilities of the property
29 purchasers for review and approval by County staff.
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31 27. Prior to Final Plat approval for this project, the developer, successor or assignee shall have
32 provided documentation satisfactory to the Planning and Development Services Director
33 that ensures water and wastewater service will be available to service the proposed
34 residential development.
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36 28. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first the
37 developer, successor or assignee shall submit a preliminary record plat submission in
38 accordance with the provisions of Section 11.03 Procedure for Platting of the Land
39 Development Code, including copies of all internal homeowners or property owners
40 association documentation describing the cross access agreement for future connection to
41 the adjacent property to the north.
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43 29. Prior to the first Certificate of Occupancy for any residential building permit, the developer,
44 his successor or assigns shall remit the sum of $100,000.00 for his contribution for the future
45 sidewalks along Jenkins Road. Fifty percent (50%) of this contribution shall be considered
46 to be non -site related and therefore qualify for a road impact fee credit in the amount of
EDO 1020165074 PDS 16-049
November 4, 2016 Page 5
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$50,000.00. The developer shall enter into a written impact fee credit agreement which
shall provide that no credits shall be granted until the Developer has paid the sidewalk
construction set out above.
30. Prior to the first Certificate of Occupancy for any residential building permit the developer,
successor or assignee shall enter into a Road Impact Fee Credit Agreement for $50,000.
B. The property on which this extension is being granted is described as follows:
EXHIBIT "A"
ALL OF THE PROPOSED PLAT OF 'WHISPERING OAK, P.U.D." TO BE
RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTHWEST 1/4OFTHE NORTHEAST 1/4 OF THE SOUTHWEST 114,
AND THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE
SOUTHWEST 114, AND THE WEST 112 OF THE SOUTHWEST 114 OF THE
SOUTHEAST 114 OF THE SOUTHWEST 114, AND THE EAST 112 OF THE
EAST 112 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114, 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 ID: 2407-313-0001-000-3
PARCEL 2:
THE WEST 314 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE
SOUTHWEST 114 AND THE NORTH 132 FEET OF THE SOUTHWEST (114)
OF THE SOUTHWEST 114 OF THE SOUTHWEST 114, ALL IN SECTION 7,
TOWNSHIP 35 SOUTH, RANGE40 EAST, LESS AND EXCEPT THE RIGHT-
OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
PARCEL I D: 2407-313-0001-000-9
PARCEL 3:
THE SOUTH 541.85 FEET OF THE NORTHWEST 114 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 DESCRIBEDLAND:
EDO 1020165074
November 4, 2016
Pas 16-049
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THE NORTHWEST 114 OF THE SOUTHWEST 114 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 113:2407-313-0001-000-6
CONTAINING 67.18 ACRES, MORE OR LESS.
Location: East sides of South Jenkins Road, approximately 113 mile south of Orange
Avenue.
Parcel ID Numbers: 2407-313-0001-00013, 2407-331-0001-00019 and 2407-331-0002-
000/6
C. This Planned Development Site Plan statutory extension approval shall expire on January
18, 2019 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 non -severable part of the site plan approval
as granted by this administrative extension. if any condition set forth in Part A is determined
to be invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, this development order extension approval granted by this
resolution shall become null and void.
E. The Certificate of Capacity granted by the Planning and Development Services Director
shall remain valid for the period of this development order. If this order expires or otherwise
terminates, the Certificate of Capacity shall automatically terminate.
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
EDO 1020165074
November 4, 2016
PDS 16-049
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This ORDER is effective the 411 day of November, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTYA FLORIDA
M
MW
APPROVED AS TO FORM
AND CORRECTNESS:
GAPlanning\PROJECT FILES1Whispering Oaks
E D O 1 02 01 65074
November 4, 2016
PDS 16-049
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