HomeMy WebLinkAboutPDS-21-013 - Whispering Oaks PUD - Statutory Extension IIICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
IAINT LUCIE COUNTY
FILE# 4866393 05/20/2021 08:21:18 AM
DR BOOK 4613 PAGE 2655-2662 Doc Type:ORD
RECORDING: $69.50
PDS ORDER 2021 -013
FILE NO.: EDO-2202125943
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
FLORIDA STATUTES SECTION 252.363 TO THE APPROVED
PLANNED UNIT DEVELOPMENT FOR THE PROJECT KNOWN AS
WHISPERING OAKS PUD
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for an extension timely submitted by Cotleur & Hearing on behalf of the property owner,
and made the following determinations:
1. 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. The
project consists of 144 single-family lots and 230 townhomes with garages for a total of
374 residential units. The site contains 67.18 acres and is located on the east side of
South Jenkins Road, approximately 1/3 mile south of Orange Avenue.
2. On March 9, 2020, the Governor issued Executive Order 20-52 for 60 days due to the
threat of COVID-19 to the State of Florida. The Governor further extended this Order
through Executive Orders 20-114 on May 8, 2020, 20-166 on July 7, 2020, 20-213 on
September 4, 2020, 20-276 on November 3, 2020, 20-316 on December 29, 2020, and
21-45 on February 26, 2021, due to the ongoing COVID-19 pandemic.
3. 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 (6) months.
4. Section 252.363, Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the Declaration of
Emergency. The applicant applied for this extension on February 1, 2021.
5. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County development orders granting extensions
depicted on the attached Exhibit B. Further analysis is found in the memorandum titled
Whispering Oaks PUD Executive Order Extension, dated May 3, 2021.
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 approval
for the project known as Whispering Oaks PUD has been found to be eligible for an
File No.: EDO-2202125943 PDS 2021-013
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extension. The approval granted under PDS 19-046 is extended from its last scheduled
date of expiration, November 18, 2021, and shall now expire July 12, 2023, 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.
1. 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.
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
File No.: EDO-2202125943 PDS 2021-013
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a
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.
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13. 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
the St. Lucie County Engineering Department 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 sea!ed sets of
record drawings by a Florida licensed surveyor and all supporting geo-technical test data.
14. Prior to the commencement of the off-site construction the developer, successor or
assignee shall obtain a St. Lucie County Right-of-Way Permit.
15. 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.
16. Prior to Final Plat approval, final on-site construction plans shall be submitted to the St.
Lucie County Engineering Department for review and approval.
17. 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.
18. Prior to the recording of the Final Plat all internal improvements indicated on the site plan
and final engineering plans shall be constructed. A final certification of completeness shall
be delivered to the St. Lucie County Engineering Department for review and approval.
The final certification shall include two signed and sealed certificates of completion by the
engineer of record together with two sets of record drawings signed and sealed by a
Florida licensed surveyor and all supporting geo-technical test data.
19. Prior to recordation of the Final Plat, pursuant to Chapter 11.04 of the St. Lucie County
Land Development Code, the developer, successor or assignee shall either construct or
bond all required on-site improvements. Should the developer choose to bond the
required improvements, a Subdivision Improvement Agreement (SIA) together with the
appropriate surety supported by an engineer's opinion of probable cost shall be submitted
for review. 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.
20. Prior to issuance of a Vegetation 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
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St. Lucie County Environmental Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation_Easement_Form.pdf.
21. Prior to issuance of a Vegetation Removal Permit, an updated gopher tortoise survey shall
be provided.
22. 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.
23. 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).
24. 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.
25. All other applicable state or federal permits must be obtained before commencement of the
development.
26. 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
accordance with the provisions of Section 11.03., Procedure for Platting of the Land
Development Code, including copies of all internal homeowners or property owners
association documentation describing the responsibilities/liabilities of the property
purchasers for review and approval by County staff.
27. Prior to Final Plat approval for this project, the developer, successor or assignee shall
have provided documentation satisfactory to the Planning and Development Services
Director that ensures water and wastewater service will be available to service the
proposed residential development.
28. 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
accordance with the provisions of Section 11.03 Procedure for Platting of the Land
Development Code, including copies of all internal homeowners or property owners
association documentation describing the cross access agreement for future connection to
the adjacent property to the north.
29. Prior to the first Certificate of Occupancy for any residential building permit, the developer,
his successor or assigns shall remit the sum of $100,000.00 for his contribution for the
future sidewalks along Jenkins Road. Fifty percent (50%) of this contribution shall be
considered to be non-site related and therefore qualify for a road impact fee credit in the
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amount of $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 cf 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 1/4 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 ID:2407-313-0001-000-3
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 ID:2407-313-0001-000-9
PARCEL3:
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:
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.
File No.: EDO-2202125943 PDS 2021-013
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PARCEL ID: 2407-313-0001-000-6
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. This Planned Development Site Plan statutory extension approval shall expire on July 12,
2023, 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.
Nti
This ORDER is effective the `� day of 141 2021.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. UCI COU , FLORIDA
BY
Leslie Olson, ICP
APPROVEll AS TO FO
AND COR
County A orney
File No.: EDO-2202125943 PDS 2021-013
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EXHIBIT — B
WHISPERING OAKS PLANNED UNIT DEVELOPMENT
Date Approval Approval Granted Expiration Date Comments
11/18/2014 Res. No. Board of County 11/18/2016 Major Adjustment
2014-209 Commissioners to the existing
Planned Unit
Development
04/04/2016 PDS Order Executive Order 16-59 07/19/2017 Lake Okeechobee
16-019 discharges from
heavy rainfall
11/04/2016 PDS Order Executive Orders 16-155 05/19/2018 Increase number
16-048 and 16-204 of algae blooms
due to discharge
of harmful water
from Lake
Okeechobee
11/04/2016 PDS Order Executive Order 16-230 01/18/2019 Hurricane
16-049 Matthew
10/02/2017 PDS Order Executive Order 17-120 09/18/2019 Threat of wildfires
17-040 caused by severe
drought conditions
10/02/2017 PDS Order Executive Order 17-146 05/18/2020 Threat of Opioid
17-041 Epidemic
12/13/2017 PDS Order Executive Orders 17-235 03/19/2021 Hurricane Irma
17-048 and 17-287
11/21/2019 PDS Order Executive Order 19-190 11/18/2021 Hurricane Dorian
19-046
File No.: EDO-2202125943 PDS 2021-013
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