HomeMy WebLinkAboutPDS-23-041 - Whispering Oaks PUDMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5207969 06/21/2023 09:49:14 AM
OR BOOK 5006 PAGE 2911 - 2919 Doc Type: ORD
RECORDING: $78.00
PDS ORDER 2023-041
FILE NO.: EDO-2303000026
AN ORDER GRANTING THE 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 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 1/3 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. 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.
3. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) 16-155 declaring
a State of Emergency for Martin and St. Lucie counties due to increased number
of algae blooms in the month of June 2016 as a result of frequent discharges of harmful
water from Lake Okeechobee to the St. Lucie River and estuaries.
4. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) 16-204
extending the State of Emergency for Martin and St. Lucie Counties due to the increased
number of algae blooms in the St. Lucie River and estuaries as the result of frequent
discharges of harmful water from Lake Okeechobee.
5. On November 4, 2016, The Planning and Development Services Director granted through
PDS Order 16-048 a development order extension due to Executive Order (EO) 16-204.
6. On November 4, 2016, The Planning and Development Services Director granted through
PDS Order 16-049 a development order extension due to Executive Order (EO) 16-230.
7. On April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-120
declaring a State of Emergency for Florida due to the threat of wildfires caused by severe
drought conditions.
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PDS 2023-041
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8. On May 3, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-146 declaring
a state of emergency in the state of Florida due to an increase in deaths associated with the
Opioid Epidemic.
9. On September 4, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-235
declaring a State of Emergency in Florida due to the threat of Hurricane Irma.
10. On November 2, 2017, Executive Order (EO)17-235 was further extended by sixty (60) days
due to the ongoing recovery from Hurricane Irma.
11. On August 29, 2019, the Governor issued Executive Order 19-190 for sixty (60) days due
to the threat of Hurricane Dorian to the State of Florida residents. The total amount of time
allowed for this extension is sixty (60) days plus six (6) months.
12. On March 9, 2020 the Governor issued Executive Order 20-52 for sixty (60) days due to the
threat of COVID-19 to the State of Florida. The Governor further extended this order through
Executive Orders (EO) 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.
13. On September 24, 2022, the Governor issued Executive Order (EO) 22-219 declaring a
State of Emergency in the State of Florida due to the threat of Hurricane Ian. Executive
Order 22-219 amended Executive Order 22-218 to upgrade the State of Emergency
Declaration to encompass the entire state of Florida.
14. On November 7, 2022, the Governor issued Executive Order 22-253 for 60 days due to the
threat of Subtropical Storm Nicole to the State of Florida residents. The eligible tolling period
for this emergency declaration is sixty (60) days plus six (6) months.
15. Daniel Sorrow of Cotleur & Hearing, representing the property owner, requested a
development order extension pursuant to Executive Order (EO) 22-268, 23-21, and 23-60
(Hurricane Ian) and Executive Order 23-02 (Hurricane Nicole) issued by the Governor. The
current expiration date is October 27, 2024, with an extension sought through June 24,
2025. The eligible tolling period for this request is two -hundred and forty (240) days.
16. 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 sixty (60) days plus six (6) months.
17. 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 March 27, 2023, which was within
the time frame established by the Statute for eligibility.
18. Planning Staff performed an analysis of the project and determined that the extension is
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PDS 2023-041
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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 June 8, 2023.
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
extension. The approval granted under PDS 2022-063 is extended from its last scheduled
date of expiration, October 27, 2024, and shall now expire June 24, 2025, 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;
File No.: EDO-2303000026 PDS 2023-041
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• 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
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.
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PDS 2023-041
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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.
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 sealed 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
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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:
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,
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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 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 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 114 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
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:
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
File No.: EDO-2303000026
PDS 2023-041
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OF ST. LUCIE COUNTY, FLORIDA.
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 June 24,
2025, 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.
Ik
This ORDER is effective the day of �u - 2023.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benjami alcer, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
( iscyCounty Attorney
File No.: EDO-2303000026
PDS 2023-041
Page 8
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
2014-029
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 Matthew
16-049
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
5/11 /2021
PDS Order
Executive Order 20-52
7/12/2023
Covid-19
2021-013
12/02/2022
PDS Order
Executive Order 22-218,
03/12/2024
Tropical Storm
2022-051
22-219
Nine
12/30/2023
PDS Order
Executive Order 22-253
10/27/2024
Hurricane Nicole
2022-063
File No.: EDO-2303000026
PDS 2023-041
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