HomeMy WebLinkAbout24-069 PDS ORDER 2024-069
File No. EDO-2410000046
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
EXPIRATION DATE FOR THE APPROVED PRELIMINARY DEVELOPMENT
PLAN KNOWN AS EAGLE BEND PUD WHICH PROVIDES FOR UP TO
1,713 DWELLING UNITS AND ASSOCIATED IMPROVEMENTS, ON +/-
387.89 ACRES LOCATED IN SAINT LUCIE COUNTY, FLORIDA.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request fora development order extension timely submitted by EDC, Inc. on behalf of the property
owner, Whalou Properties, LLC, and has made the following determinations:
1. On January 9 2024, the Board of County Commissioners granted through approval
Resolution 2024-05 to amend the Official Zoning Atlas from the AG-1 (Agricultural-1),AR-1
(Agricultural, Residential— 1) and RS-2(Residential, Single-Family-2)Zoning Districts to the
PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan, for certain
property in St. Lucie County, Florida, located south of Angle Road and east of W. Johnson
Pierce Road.
2. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218
declaring a state of emergency for certain counties in the State of Florida, including St.
Lucie County, as a result of the threat of Hurricane Ian. This emergency declaration was
effective on September 23, 2022, and would have expired 60 days later, on November 22,
2022. The Governor also issued Executive Order 22-219 on September 24, 2022,
expanding the state of emergency to cover the entire State of Florida. However, subsequent
executive orders have continued to extend executive orders 22-218 and 22-219, through
Executive Order 24-174, which extended the state of emergency to October 22, 2024.
3. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a state
of emergency for certain counties in the State of Florida, including St. Lucie County, as a
result of the impending Subtropical Storm Nicole. This emergency declaration was effective
on November 7, 2022, and would have expired 60 days later, on January 6, 2023. However,
subsequent executive orders have continued to extend Executive Order 22-253, through
Executive Order 24-116, extending the state of emergency to August 13, 2024.
4. On October 8, 2024, the applicant, EDC, Inc., representing Whalou Properties, LLC, filed a
request to toll and extend the termination date for the project known as Eagle Bend PUD,
pursuant to Executive Orders 24-174, (Hurricane Ian) and Executive Order 24-116
(Hurricane Nicole).
5. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023,
amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration
File No.: EDO-2410-000046 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS 2024-069
SAINT LUCIE COUNTY Page: 1
FILE# 5425025 12/30/2024 04:15:49 PM
OR BOOK 5251 PAGE 1264-1269 Doc Type:ORD
RECORDING: $52.50
dates for such permits or other authorizations from six (6) months to twenty-four (24)
months per state of emergency(plus the duration of the emergency declaration), but limiting
the extended period under overlapping states of emergency to forty-eight (48) months.
When combined,they supersede the maximum allowable forty-eight(48)months by Statute.
6.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 October 8, 2024,which is within the
time frame established by the Statute.
7.Planning Staff has 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 A. Further analysis is found in the memorandum titled
Eagle Bend PUD(PUD-RZ-3202226315-26315)-Executive Order Extension-(EDO-2410-
000046)"dated December 18, 2024.
NOW,THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St.
Lucie County, Florida:
A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the
administrative approval for the project known as Eagle Bend PUD, has been found to be
eligible for a statutory extension. The approval granted under Resolution No. 2024-05 is
extended from its last scheduled date of expiration, January 8, 2026, and now shall expire
January 8, 2030,for the property described below in Part B, and hereby approved with the
following conditions:
1. The Final Site Plan design and layout shall:
a. Provide proper transition from Phase 4 to ensure compatibility with the existing large
lot single-family lots adjacent to the south.
b. Further consider the location and the timing of the proposed pedestrian connection
between Eagle Bend and Westwood Academy.
c. Further consider additional direct pedestrian connection between the residential
neighborhoods and Jenkins Road and Road G.
2. The Preliminary Plan proposes to utilize 3.37 acres that are owned by St. Lucie County
projected Jenkins Road ROVV) and the North St. Lucie River Water Control District for
stormwater and open space. If the anticipated conveyances are not realized, the Phase 5
multi-family design shall be revised to provide the same amount of open space, including
1.5 acres of non-stormwater open space within the Phase 5 boundaries.
3. The Final Site Plans for development within the Eagle Bend PUD Zoning District shall
include detailed identification of roadway improvements and land dedication associated with
each phase of development and demonstrate concurrency at the time of Final Site Plan
Approval. It is the intent of the County and the Developer to enter into a separate
Development and/or Impact Fee Credit Agreement(s)ensuring public facilities are available
concurrent with the impact of the development.
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The approval of the re-zoning and Preliminary Development Plan for Eagle Bend PUD, does
not allow approval of the proposed schedule of transportation improvements presented in
the "Eagle Bend PUD Traffic Update" prepared by Shaun MacKenzie, PE, and dated
November 9, 2023; however, the intent for Phase 1 of the Eagle Bend PUD, upon
demonstration of concurrency at the time of Final Site Plan Approval for up to 370 units, is
to provide all access via Angle Road, with Jenkins Road construction to begin with Phase 2
and/or the 371st unit.
4. Approval of the Eagle Bend Preliminary Development Plan is conditioned upon amendment
of the Land Development Code Section 4.12.00. to remove Avenue Q between Angle Road
and Jenkins/Taylor Dairy Road from the required internal road system for the Jenkins Road
Area Plan Special District. If the LDC is not so amended, the Final Site Plan shall be
modified to provide for Avenue Q as provided in LDC Section 4.12.03.A.
5. As demonstrated on the Preliminary Development Plan dated December 18, 2023, and as
presented to the Board of County Commissioners, the Wetland Waiver application was
supported and recommended for approval due to the Applicant reducing direct impacts to
Wetland # 2 from 2.02 acres to 0.93 acres and reducing impacts to the associated buffer
from 1.75 acres to 0.68 acres. This will require recording a conservation easement along
with an approved Preserve Area Management and Monitoring Plan (PAMMP) in favor of St.
Lucie County for all remaining wetlands and their associated upland buffers within the
project boundary in perpetuity. The PAMMP shall detail restoration and enhancements to
these environmentally sensitive habitats as outlined in the Comprehensive Plan and Land
Development Code.
B. The property on which this Development Order Extension is being granted is described as
follows:
Legal Description:
A PARCEL OF LAND BEING A PORTION OF SECTION 1, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, AND A PORTION OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40
EAST, ALL LYING IN ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE SOUTH
00°12'47" EAST,ALONG THE WEST LINE OF SAID SECTION 6, A DISTANCE OF 44.58
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGLE ROAD (A
VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT BEING THE POINT OF BEGINNING;
THENCE SOUTH 89°46'18" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A
DISTANCE OF 523.45 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY, SAID CURVE HAS A RADIUS OF 1,882.16 FEET; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°35'40" AN
ARC DISTANCE OF 840.77 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH
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THE EAST LINE OF THE WEST 1/
2 OF THE NORTHWEST %4 OF SAID SECTION 6;
THENCE SOUTH 00°15'41" EAST, ALONG SAID EAST LINE, A DISTANCE OF 2,443.53
FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST
4 OF SAID SECTION 6; THENCE SOUTH 00°12'50" EAST, ALONG THE EAST LINE OF
THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF SAID SECTION 6, A DISTANCE OF
1,323.46 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID
NORTH WEST '/4 OF THE SOUTHWEST %; THENCE NORTH 89°44'18"WEST, ALONG
SAID SOUTH LINE, A DISTANCE OF 1,287.43 FEET TO A POINT OF INTERSECTION
WITH THE EASTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT CANAL NUMBER 3 (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE NORTH 00°10'25" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
DISTANCE OF 659.72 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE
OF THE SOUTH '/2 OF THE NORTHWEST V4 OF THE SOUTHWEST '/ OF SAID
SECTION 6; THENCE NORTH 89°49'40" WEST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 48.00 FEET TO THE WEST LINE OF SAID SECTION 6; THENCE NORTH
00°10'25"WEST, ALONG SAID WEST SECTION LINE, A DISTANCE OF 26.00 FEET TO
A POINT OF INTERSECTION WITH A LINE LYING AND BEING 13.00 FEET NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF THE NORTH '/2 OF THE NORTHEAST '/4
OF THE SOUTHEAST '/4 OF SAID SECTION 1; THENCE SOUTH 89°44'29" WEST,
ALONG SAID PARALLEL LINE A DISTANCE OF 168.00 FEET TO THE WESTERLY LINE
OF SAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 30,
AS DEEDED TO ST. LUCIE COUNTY IN OFFICIAL RECORD BOOK 670, PAGE 2991 OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG SAID
CANAL RIGHT-OF-WAY LINE, THE FOLLOWING (3) COURSES AND DISTANCES:
SOUTH 00°10'25" EAST, A DISTANCE OF 685.64 FEET TO A POINT OF INTERSECTION
WITH THE SOUTH LINE OF THE NORTHEAST % OF THE SOUTHEAST % OF SAID
SECTION 1; THENCE NORTH 89°44'37" EAST, ALONG SAID SOUTH LINE AND CANAL
RIGHT-OF-WAY,A DISTANCE OF 120.00 FEET TO A POINT OF INTERSECTION WITH
A LINE LYING AND BEING 48.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID SECTION 1; THENCE SOUTH 00°10'25" EAST, ALONG SAID PARALLEL
LINE AND CANAL RIGHT-OF-WAY, A DISTANCE OF 1,244.76 FEET TO A POINT OF
INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF FLOYD JOHNSON ROAD
A 35.00-FOOT-WIDE RIGHT-OF-WAY); THENCE SOUTH 89°44'54"WEST,A DISTANCE
OF 827.83 FEET; THENCE NORTH 00°18'59" WEST, A DISTANCE OF 325.09 FEET;
THENCE SOUTH 89°56'58" WEST, A DISTANCE OF 302.30 FEET; THENCE NORTH
00°28'21"WEST, A DISTANCE OF 258.92 FEET TO A POINT OF INTERSECTION WITH
THE SOUTH LINE OF THE NORTH '/2 OF THE OF THE SOUTH '% OF THE SOUTHEAST
SAID SECTION 1; THENCE SOUTH 89°44'45"WEST, ALONG SAID SOUTH LINE,
A DISTANCE OF 1,422.72 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF NORTH
ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 31 (A VARIABLE
WIDTH RIGHT-OF-WAY); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING (4) COURSES AND DISTANCES: NORTH 00°24'21" WEST, A DISTANCE
OF 1,332.08 FEET; THENCE SOUTH 89°44'29" WEST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 00°24'21" WEST, A DISTANCE OF 646.54 FEET; THENCE NORTH
00°24'21" WEST, A DISTANCE OF 1,347.52 FEET TO A POINT OF INTERSECTION
WITH THE SOUTH LINE OF THE NORTHWEST ' OF THE NORTHEAST % OF SAID
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SECTION 1; THENCE NORTH 89°56'25" EAST, ALONG SAID SOUTH LINE,A DISTANCE
OF 624.19 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST
I/2 OF THE NORTHWEST '/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE
NORTH 00°22'18"WEST, ALONG SAID EAST LINE,A DISTANCE OF 1,303.89 FEET TO
RETURN TO THE SOUTH RIGHT-OF-WAY LINE OF SAID ANGLE ROAD; THENCE
SOUTH 89°46'18"EAST,ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE
OF 2,002.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 387.89 ACRES, MORE OR LESS.
Parcel ID Numbers: 2301-111-0002-000-5; 2301-411-0025-000-3; 2301-421-0025-
000-4; 2301-441-0001-000-2; 2301-443-0001-000-8; 2406-221-0003-000-2; 2406-
323-0001-000-1; 2406-323-0002-000-8; and 2406-324-0000-000-7
C. This statutory extension approval for Resolution 2024-05 shall expire on January 8, 2030,
unless a 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
Order shall become null and void.
E. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective this / day of Pee!-?G/ , 2024.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE TY RIDA
BY
B • min Balcer, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
SS/ County Attorney
File No.: EDO-2410-000046 PDS 2024-069
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EXHIBIT - A
Eagle Bend PUD"
The following table provides a historic timeline of the approvals granted to the subject site plan.
Date Approval Approval Granted Expiration Comments
Date
01/09/2024 Resolution No. The Board of County 01/08/2026 Amend Zoning Atlas and
2024-05 Commissioners approve Preliminary PUD
Site Plan
12/18/2024 PDS Order Executive Orders 22- 01/08/2030 Hurricane Ian
2024-069 218, 22-219, 22-253, Hurricane Nicole
ext. 24-174, 24-116
File No.: EDO-2410-000046 PDS 2024-069
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