HomeMy WebLinkAbout03-184
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JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
File Number: 2297827 OR BOOK 1832 PAGE 1362
Recorded:10/30/03 10:06
RESOLUTION 03-184
FILE NO.: BCC-03-010
A RESOLUTION AMENDING RESOLUTION
NUMBER 82-058 APPROVING A FIFTH
AMENDMENT TO THE AMENDED DEVELOPMENT
ORDER TO THE DEVELOPMENT OF REGIONAL
IMPACT KNOWN AS THE SAVANNAII SAVANNA
CLUB
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. In 1982, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or
CAVANNAII SAVANNA CLUB, filed with St. Lucie County an Application for
Development Approval of Development of Regional Impact, in accordance with
Section 380.06, Florida Statutes.
2. GAVANNAII SAVANNA CLUB proposed to construct a residential mobile home
subdivision comprising approximately 2,560 mobile home with recreation complex,
constituting a Development of Regional Impact on the real property legally described in
Section B below located in St. Lucie County, Florida, east of US Highway One and
north of Walton Road, all located in St. Lucie County, Florida.
3. The Board of County Commissioners of St. Lucie County as the governing body of St.
Lucie County having jurisdiction over that portion of this project located in the
unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is
authorized and empowered to consider Applications for Development Approval for
Development of Regional Impact.
4. Upon publication and furnishing of due notice, a Public Hearing was held Tuesday,
March 23, 1982, before the Board of County Commissioners of St. Lucie County,
Florida, to consider Resolution No. 82-058 granting approval to the final Development
Order for the Regional Impact known as Cavaflflan Savanna Club.
5. At this public hearing, and following its closure, the Board of County Commissioners
continued any further action on this application until Tuesday, April 27, 1982.
6. The Board of County Commissioners has considered the testimony, reports and other
documentary evidence submitted at said public hearing by CAV ANNAl I SAVANNA
CLUB, the Treasure Coast Regional Planning Council (TCRPC), St. Lucie County staff
as well as the public, and
Double Underline is for addition
Gll ike Tl-irougi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final- 5th Amendment to D.O. - Final
Page 1
Print Date: 09/09/03
. .
OR BOOK 1832 PAGE 1363
1
2 7. On April 27, 1982, the Board adopted Resolution 82-058, granting Final Development
3 Order approval to the Cavannan Savanna Club, a Development of Regional Impact.
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5 8. On June 8, 1982, this Board granted approval to Resolution 82-074, which amended
6 Condition Number 13 of the Final Development Order for the Development of Regional
7 Impact known as Sa'y'annah Savanna Club.
8
9 9. On May 13, 1986, this Board granted approval to Resolution 86-110, which amended
10 the Final Development Order, by adding Conditions 10A and 10B, and by amending
11 Section IV (revised due date for the required annual report) of the Final Development
12 Order for the Development of Regional Impact known as Ca'vannan Savanna Club,
13 based the settlement agreement dated March 31, 1996 between the Department of
14 Community Affairs and the developers of the Ca'v'annan Savanna Club (a copy of said
15 settlement agreement is attached to Resolution 86-110).
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17 10. On July 28,1987, this Board granted approval to Resolution 87-062, which amended
18 Condition Number 16 of the Final Development Order for the Development of Regional
19 Impact known as Cavannan Savanna Club.
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21 11. On September 18, 1997, Ca'v'annan Savanna Club Corporation, the successor
22 developer to the Ca'v'annan Savanna Club, filed a Notice of Proposed Change to an
23 approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida
24 Statutes, for a fourth amendment to Resolution No. 82-058.
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26 12. On February 17,1998, this Board held a public hearing, of which due public notice was
27 published in the Port St. Lucie News and the Tribune on February 5, 1998, on the
28 proposed amendments to Resolution No. 82-058.
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30 13. On September 2. 2003. this Board held a public hearina. of which due public notice
31 was published in the Port St. Lucie News and the Tribune on Auaust 22. 2003. on the
32 proposed amendments to Resolution No. 82-058 and notifyina by mail all owners of
33 property within 500 feet of the subiect property. and continued the pubic hearina on
34 this matter until September 9. 2003.
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36 14. On September 9. 2003. this Board reconvened the public hearina on this matter and
37 accepted additional comments and testimony in reaard to the proposed amendment to
38 the existina Development Order for the Development of Reaional Impact known as
39 Savanna Club.
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41 15. The Board believes that approvina this fifth amendment to the Final Development
42 Order (Resolution No. 82-058) for the Savanna Club is in the best interest of the public
43 health. safety and public welfare of the citizens of St. Lucie County. Florida.
44
Double Underline is for addition
Oil ike Througi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final - 5th Amendment to D.O. - Final
Page 2
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1364
16. The Board of County Commissioners continues with the following FINDINGS of FACT
and CONCLUSIONS of LAW with regard to the Application of Development Approval
as cited in Resolution No. 82-058:
AMENDED FINDINGS OF FACT
A. The proposed Development is not in area of Critical State Concern as designated
pursuant to the provisions of Chapter 380.06, Florida Statutes.
B. The State of Florida has not adopted a land development plan applicable to the area in
which the proposed Development is to be located.
C. That the conditions, limitations and definitions found in Part A below, are made a part
of this Development Order herein granted subject to these express conditions which
conditions and recommendations are found to be consistent with the report and
recommendations adopted by the Treasure Coast Regional Planning Council on
November 20,1981 for the CAVANNAII SAVANNA CLUB D.R.1.
D. The proposed Development is consistent with the local comprehensive plan,
development laws and regulations of St. Lucie County.
E. The proposed Development does not constitute a substantial deviation to the approved
Development Order as defined under Chapter 380.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. That in a public meeting, duly constituted and assembled this 41th day of February,
1998, Resolution ~~o. 98011 2nd day of September 2003. Resolution No. 03-184
which amends Resolution No. 82-058 granting Development Order Approval to the
Development of Regional Impact known as the Cavannah Savanna Club, is hereby
APPROVED subject to the following conditions, restrictions and limitations:
Section I:
The following information submitted by the Applicant shall be made a part of and an express
condition of this Development Order:
a. All housing units in the Development will be doublewide mobile homes, which shall
be permanently affixed to the real property prior to occupancy and the applicant shall
cause each buyer to execute an appropriate document evidencing intent and
acceptance of his intent to purchase real property and to accept real property
taxation thereof.
Double Underline is for addition
Gtrike Ti'irotlgi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final - 5th Amendment to D.O. - Final
Page 3
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1365
b. That CAVANNAH SAVANNA CLUB shall prior to issuance of a building permit,
Phase I, subject property, donate 120 acres in the northeast corner of the project site
to the State of Florida, Department of Natural Resources for inclusion in the
Savannahs Preserve. The lands covered under this grant constitute approximately
70 acres of Savannah marsh and 50 acres of upland (as shown on Exhibit PD-2 of
the TCRPC Assessment Report).
Section II
APPLICATION FOR DEVELOPMENT APPROVAL
1. The CA V ANNAl I SAVANNA CLUB Application for Development Approval is
incorporated herein by referenced and relied upon by the parties in discharging their
statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the
representations contained in the Application for Development Approval is a condition
for approval unless waived or modified by agreement among the parties, as defined in
Subsection 380.07(2), Florida Statutes.
For purposes of this condition, the ADA shall include the following items:
a. Cavannah Savanna Club DRI/ADA, submitted June 26, 1981;
b. Cavannan Savanna Club DRI/ADA, supplemental information, submitted April
14, 1981;
c. Letter and attachments dated October 21, 1981 from Thomas A. Sheehan III,
to Sam Shannon regarding wetlands;
d. "U. S. 1 Capacity Analysis" prepared by Tipton Associates Incorporated and
dated October 30, 1981.
(Amended throuQh Resolution 03-184, September 2,2003)
COMMENCEMENT OF DEVELOPMENT
2. In the event the developer fails to commence significant physical Development within
three years from the effective date of the Development Order, Development approval
shall terminate and the Development shall be subject to further consideration pursuant
to Section 380.06, Florida Statutes. Significant physical Development shall mean site
preparation work for any portion of the project.
HISTORIC AND ARCHAEOLOGICAL SITES
3. In the event of discovery of archaeological artifacts during project construction, the
applicant shall stop construction in that area and notify the Bureau of Historic Sties and
Double Underline is for addition
Gtril<E Throtlgi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final- 5th Amendment to D.O. - Final
Page 4
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1366
1 Properties in the Florida Department of State. Proper protection, to the satisfaction of
2 the Bureau, shall be provided by the applicant - CAVANNAI\ SAVANNA CLUB.
3
4 (Amended throuQh Resolution 03-184. September 2.2003)
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8 VEGETATION AND WILDLIFE
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10 4. The applicant shall contact the Game and Freshwater Fish Commission 60 days prior
11 to clearing to initiate what measures might be deemed necessary and available for
12 relocating wildlife found on site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.)
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14 WETLANDS
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16 5. The Applicant shall develop the project so that, upon completion, the site, as legally
17 described in the ADA, will contain 64 acres of viable and productive wet prairies,
18 ponds, and littoral zones. This shall be in addition to any presently existing wetlands,
19 including but not limited to, wet prairies, marshes, ponds, and littoral zones contained
20 in the area to be deeded to the State, as shown on Exhibit PD-2 of the TCRPC
21 Assessment Report. The creation of 64 acres of wet prairies, ponds and littoral zones
22 shall not include canals and drainage ditches. Included in the 64 acres of wetlands
23 shall be 14 acres of wet prairie in the upland buffer area of the 120 acre parcel to be
24 deeded to the State for inclusion in the Savannahs Preserve. The other 50 acres of
25 new wetlands shall be created on the remaining portion of the project site. In the event
26 the management agency for the Savannahs Preserve does not approve the creation of
27 14 acres of wet prairie in the upland buffer, only the 50 acres of wetlands on the
28 remainder of the site will be required to satisfy this condition. The wetlands shall be
29 designed, constructed and maintained in a manner to mimic natural wetlands and to
30 replace the functions lost through destruction of existing wetlands to the maximum
31 extent technically feasible. The applicant shall coordinate the Development of the plan
32 for maintaining or creating wetlands with the South Florida Water Management District,
33 the Florida Game and Freshwater Fish Commission, and the Florida Department of
34 Natural Resources prior to commencing said Development. Any plans for wetlands
35 creation shall include design of bottom contours, plans for vegetating and description
36 of proposed water regimes.
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38 DRAINAGE - LITTORAL ZONE
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40 6. The applicant shall prepare a planting and management plan for the littoral zone that
41 surrounds the lake system. The plans shall include the types extent and timing of
42 planting that will be provided in the littoral zone. Also, included in the plan shall be the
43 identification of any management activities that are intended to ensure the continuance
44 and health of the littoral zone. The plan shall be subject to the approval of St. Lucie
45 County, in consultation with the Treasure Coast Regional Planning Council prior to
46 beginning excavation of the lake system.
Double Underline is for addition
Ot! ike Throtlgi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final - 5th Amendment to D.O. - Final
Page 5
Print Date: 09/09/03
----------------------------------------------------------------------------------------------------------------------
OR BOOK 1832 PAGE 1367
1
2 DRAINAGE - WATER TABLE
3
4 7. The drainage system shall be designed to assure that the lowering of the water table
5 on-site will not negatively affect the wetland systems on adjoining properties,
6 especially those systems that are currently on land owned by the State as part of the
7 Savannahs natural preserve. The drainage system design shall be subject to the
8 approval of St. Lucie County in consultation with the Treasure Coast Regional
9 Planning Council, South Florida Water Management District, and the Department of
10 Natural Resources prior to any Development occurring on-site.
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12 DRAINAGE - WATER SUPPLY FOR IRRIGATION
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14 8. The applicant shall explore an alternate source of water for irrigation other than the
15 lake drainage system as proposed. In the event the lake drainage system is utilized for
16 irrigation purposes, it shall not result in withdrawal for said purposes below any
17 permitted control level. The plan for securing irrigation water shall be subject to the
18 approval of St. Lucie County, in consultation with the South Florida Water
19 Management District prior to initiating construction of the lake drainage system.
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21 DRAINAGE - GOLF COURSE DESIGN
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23 9. The applicant shall prepare a detailed site plan that includes adequate topographic
24 detail for the proposed golf course that assures that minimum direct runoff into the lake
25 system will occur. The plan shall be subject to the approval of St. Lucie County, in
26 consultation with Treasure Coast Regional Planning Council and the South Florida
27 Water Management District prior to beginning Development of the golf course.
28
29 DRAINAGE - SAVANNAHS MARSH
30
31 10. The drainage system shall be designed to assure that natural hydroperiods, especially
32 the historical water flow from the site, are provided to the Savannahs Marsh. The
33 drainage system design shall be subject to the approval of St. Lucie County, in
34 consultation with the Treasure Coast Regional Planning Council, South Florida Water
35 Management District, and the Department of Natural Resources Prior to any
36 Development occurring on-site.
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38 The applicant shall provide any necessary or recommended monitoring of water
39 quality run-off into Hog Pen Slough as specified by South Florida Water Management
40 District or Treasure Coast Planning Council recommendations or St. Lucie County staff
41 recommendations. Final determination subject to these recommendations shall be
42 made by St. Lucie County before final building permits by St. Lucie County.
43
44 1 J. The developer shall institute a monitoring program at the time of completion of the
45 surface water system along the east side of the Development site. Monitoring
46 requirements are to include:
Double Underline is for addition
StrikE ThrotJ~h is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final - 5th Amendment to D.O. - Final
Page 6
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1368
A. Measurement of monthly rainfall amounts, said measurement to be made at
any site within approximately a one mile radius of the project;
B. Metering of surface water discharge from the project site at the pump installation
and a summary of the amount of surface water discharge during each month;
and
C. Monitoring of water levels at least once every six weeks for a period of no less
than three years at the following sites:
i. Ca'v'annah Savanna monitoring point S1;
ii. The surface water system on the project site, specifically at the locations:
1. A series wells 25 through 30, and,
2. E series wells 25,27,29 and 31.
If necessary or desirable, substitute sites in proximity to the ones identified
above may be designated by the developer following approval by the
Department of Community Affairs (DCA) in consultation with the Department of
Environmental Regulation (DER) and the South Florida Water Management
District (SF WMD).
(Amended through Resolution 86-110, May 27,1986
and throuoh Resolution 03-184, September 2,2003)
10B. In July of each year after inception of the monitoring program, the developer shall
summarize all data and include these data in the annual monitoring report. Copies of
the annual report shall be submitted to the SFWMD, Florida Department of Natural
Resources (DNR), the Southeast Florida District Office and the Bureau of
Groundwater Protection and Waste Management of DER, the Treasure Coast
Regional Planning Council (TCRPC) and DCA. These agencies shall review the
monitoring data and, if necessary, representatives of these agencies shall meet with
the developer within 45 days of receiving the report to discuss the possible
modifications to the drainage system that would provide for the maintenance of historic
water flows to the Ca'vannah Savanna wetlands. If DCA, with the advice of the
reviewing agencies, determines that the drainage system must be modified, then the
developer shall amend the Development Order and SFWMD permits to reflect he
recommended modification. The modifications, if required, would involve a change in
the pumping schedule and/or pump control elevation during the dry season.
(Amended through Resolution 86-110, May 27, 1986
and throuoh Resolution 03-184, September 2,2003)
RECREATION AND OPEN SPACE
11. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25
parking spaces and provide a dune walkover (dune hopper), or make a payment in lieu
Double Underline is for addition
Gtrike Throtlgh is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final - 5th Amendment to D.O. - Final
Page 7
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1369
thereof, which shall be located on Hutchinson Island, in St. Lucie County, south of the
FPL power plant, or in Martin County.
FIRE PROTECTION
12. The Applicant shall contribute $100,000.00 as a share of the cost of acquiring a site,
buildings and equipment for a fire station east of U. S. Highway One to serve the
Savannah Savanna Club and vicinity. The contribution shall be payable under the
following terms and conditions: $20,000.00 payable within 30 days of issuance of the
first mobile home permit for Phase I; an additional $40,000.00 upon energizing the first
400 units; and the balance of $40,000.00 payable upon energizing the first 1,000 units.
Additionally the Applicant shall extend a two-year option to the Ft. Pierce-St. Lucie
County Fire District to elect a site 150' x 150' at an agreed location within the proposed
Development for purposes of a fire station. If this land is accepted by the Fire District
as a site for construction of a fire facility, then the Applicant shall receive a 25%
discount ($25,000.00) or credit against the $100,000.00 agreed contribution.
(Amended throuoh Resolution 03-184, September 2,2003)
DISASTER PREPAREDNESS
13. The applicant shall provide such additional public shelter spaces for disaster
preparedness in the Port St. Lucie area that will be dedicated for the use of Ca'v'annah
Savanna Club residents and their guests and relatives and will be adequate to handle
the needs generated by this Development. Such needs are found to be and shall be
determined pursuant to the following criteria or standards:
a) 75% of the population of this Development are assumed to be year round
residents (Le. present during hurricane season);
b) 100% of the above year round residents will be evacuated during hurricanes;
c) 40% of the those person evacuating would go to public shelters;
d) A minimum of 40 sq ft per person (Le. shelter space) shall be provided by the
applicant.
The shelter space shall be provided on-site or off-site based on the above criteria and
shall be located, equipped and stocked with provisions in accordance with
requirements of St. Lucie County based on recommendation of the County Disaster
Preparedness Director. All spaces shall be designated and accepted by the St.. Lucie
County Department of Disaster Preparedness, subject to approval of St.. Lucie County
according to the following schedule:
1. one-third of the shelter spaces (20,000) square feet to be provided on or before
June 28, 1998;
Double Underline is for addition
Sll ike Ti'irotlgi'i is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184
Final- 5th Amendment to D.O. - Final
Page 8
Print Date: 09/09/03
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OR BOOK 1832 PAGE 1370
2. two-thirds of shelter spaces (additional 20,000 square feet) to be provided at
the time of energizing of one-half (1 ,300) of the total units; and
3. the balance of the shelter spaces (additional 21,440 square feet)to be provided
at the time of energizing three-fourths (1,950) of the total units.
For the purpose of determining when each portion of the hurricane shelter must be
provided, a residential unit will be deemed energized when a building permit is issued
for the construction of that unit on a platted lot in the Ca'v'anflah Savanna Club
Development.
(Amended through Resolution 82-074, April 27, 1982 and
Amended through Resolution 98-011, February 17, 1998 and
Amended throuQh Resolution 03-184, September 2,2003)
TRANSPORTATION
14. The intersection of the entrBnce road'Nayand U.C. 1 shall be provided by the applicant
'y'y'ith all improo/ements (includiflg signali:z:atiofl necessary to make it opeFBte at Level of
Cerv'ice C. This responsibility shall terminate one (1) year after the project is completed.
14. The applicant shall submit its reauest to Florida Department of Transportation (FDOT)
to permit the restripina to create dual left turn lanes for traffic leavina Savanna Club
Boulevard southbound onto U.S. 1 and rephasina of the traffic Iiaht at the intersection
of the entrance roadway and U.S, 1 within 60 days of the date of approval of
Resolution No. 03-184 and will in aood faith. pursue the obtainina and issuance of this
permit and will make the permitted modifications to said intersection within 45 days
after receivina said permit from FDOT. In the event the developer is unable to obtain
said permit within 180 days of the date of approval of Resolution No. 03-184. and
provided FDOT has not denied the issuance of said permit. the developer shall provide
to St. Lucie County sufficient security. in a manner and form acceptable to the St.
Lucie County Attorney. for the restripina and rephasina of said intersection. in which
event developer's obliaations hereunder shall be satisfied.
(Amended throuQh Resolution 03-184, September 2,2003)
15. No more than 1,500 units may be energized until the extension of Lennard Road from
Walton Road north to the entrance road from U.S. 1 is completed and opened to traffic
or an alternative. adeauate security for the ultimate construction of same by St. Lucie
County. in the form of credit. performance bond. cash or other security acceptable to
St. Lucie County. is provided to St. Lucie County by the Applicant.
(Amended throuoh Resolution 03-184. September 2,2003)
Double Underline is for addition
GtrikE ThrotJgh is for deletion
Existing Language is based on Resolution 82-058 (as amended through Resolution 98-011)
Resolution 03-184 Page 9
Final - 5th Amendment to D.O. - Final Print Date: 09/09/03
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. .
OR BOOK 1832 PAGE 1371
1 16. The Applicant shall provide traffic improvements necessary to maintain both Level of
2 Service vice D during the peak season (Jan. - March) and Level of Service C for
3 annual average daily traffic at the following intersections.
4
5 U.S. 1 and Prima Vista Boulevard.
6 U.S. 1 and Midport Road/Walton Road
7
8 The Applicant's responsibility is based on existing traffic, traffic generated by the
9 project, and increased traffic resulting from projected growth in the area as set forth in
10 the ADA. In maintaining the required Level of Service, the applicant shall not be
11 responsible for providing improvements to accommodate traffic generated by any
12 future major developments that exceed the thresholds for Developments of Regional
13 Impact as presently defined in Chapter 27F-2, Florida Administrative Code, or that are
14 Developments of Regional Impact as defined in Florida Statute 380.06 and are
15 approved subsequent to the issuance of the Development Order for this project. Such
16 traffic shall not be calculated in determining the required Level of Service. This
17 responsibility shall terminate one (1) year after product is completed.
18
19 In lieu of developer installing improvements to the intersection of US #1 and Port St.
20 Lucie Boulevard, Savannah Club shall pay to St. Lucie County the sum of $25,000.00
21 as its contribution to the County programmed improvements to this intersection. Said
22 $25,000.00 shall be due to St. Lucie County on September 25, 1987.
23
24 The foreaoina has been satisfied by FDOT improvements constructed durina the
25 widenina of US 1. Applicant shall have no further liability under this Condition 16.
26
27 (Amended through Resolution 87-062, July 28,1987 and
28 Amended throuoh Resolution 03-184. September 2,2003)
29
30 17. Commencing the first winter season after the effective date of the Development order
31 and continue every winter season (Jan.-March) thereafter until one (1) year after
32 Development completion, the applicant shall undertake a study of traffic, conditions
33 along U.S. 1. Such study shall along U. 5. 1, determine traffic volumes traffic
34 generation by the Development, and operating conditions along U. 5. 1 between CR
35 712 and SR 707. The study shall include an analysis of those intersections delineated
36 in Conditions 14 and 16 above, she study shall be coordinated with the Treasure
37 Coast Regional Planning Council, Florida Department of Transportation, St. Lucie
38 County, and City of Port St. Lucie and shall be provided as part of the annual report
39 required by Subsection 380.06(16) Florida Statutes. Further, the Applicant shall meet
40 with General Development Corporation and St. Lucie County staff, to assist in a
41 County staff recommendation defining areas and scope of obligations for the four (4)
42 laning of Walton Road between Village Green Drive and Lennard Road under Midport
43 DRI and Savannah Club DRI Development Orders. The County Commission shall
44 provide a final determination of the responsibilities for four (4) laning Walton Road
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OR BOOK 1832 PAGE 1372
1 based upon the recommendation provided by County staff. That the memorandum of
2 St. Lucie County Development Coordinator dated December 11, 1972, page 3, under
3 transportation, and continuing through item 14, 15, 16, 17 and page 5, additional staff
4 comments, (1) (2) are incorporated by reference and attached hereto for further
5 definition and clarification to this transportation condition.
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7 ENERGY
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9 18, In the final site plans, the developer shall incorporate those energy conservation
10 measures identified on pages 43 and 44 of the ADA Addendum and, to the extent
11 feasible, measures identified in the Treasure Coast Regional Planning Council's
12 Regional Energy Plan. To evaluate the success of including such conservation
13 measures, the applicant shall provide the Council with information as to the status of
14 implementation of these measures in the annual report required by Subsection
15 380.06(16), Florida Statutes.
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17 19. All heated swimming pools built on-site shall be heated primarily by renewable energy
18 sources (such as solar energy).
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20 20. A solar domestic hot water system shall be specifically offered to all prospective
21 buyers
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23 21. Only air conditioners with energy-efficient ratios (EER) of 8.0 or higher may be offered
24 to mobile home purchasers.
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26 22. The applicant shall provide for the installation of water saving fixtures (e,g., three
27 gallon toilets, flow restrictors) in all new units.
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29 23. Mobile homes with a full line of energy efficient appliances shall be offered to all
30 prospective buyers by the applicant.
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32 HEALTH CARE
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34 24. The applicant Savannah Club, shall provide first aid and oxygen stations at the project
35 club house and training of management personnel at the clubhouse in CPR and
36 general first id techniques. The homeowners association may also wish to consider an
37 appointed guardian program" similar to those established at other mobile home
38 retirement communities in the region.
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41 Y. The legal description for the property under this Development of Regional Impact
42 Application for Development Approval, is as follows:
43
44 Legal Description
45
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OR BOOK 1832 PAGE 1373
Lots 13 to 16, inclusive, in Block 3; and Lots 9 to 16, inclusive, in Block 4; all being in
Section 24, Township 36 South, Range 40 East, as shown on map or plat of ST. LUCIE
GARDENS, recorded in Plat Book 1, page 35 of the public records of St. Lucie County,
Florida.
All of Block 1, Lots 1, 2, 3, 4, 13, 15 and 16 in Block 2; Lots 1 to 4, inclusive, and Lots 11
23 to 16, inclusive, in Block 3, AND Lots 9 to 16, inclusive, in Block 4, all being in Section
25, Township 36 South, Range 40 East, as shown on said map or plat of ST LUCIE
GARDENS.
All of Lot 2; the South % of Lots 3, 4, 5, and 6; and Lots 8 to 16 inclusive; all in Block 3, in
Section 19, Township 36 South, Range 41 East, as shown on said map or plat of ST
LUCIE GARDENS.
All lying and being in St. Lucie County, Florida.
z.
Any modifications or deviations from the approved plans or requirements of this
Development Order shall be submitted to the St. Lucie County Community
Development Director, for a determination by the Board of County Commissioners of
St. Lucie County as to whether the change constitutes a substantial deviation as
provided in Section 380.06(19), Florida Statutes. The Board of Commissioners of St.
Lucie County shall make its determination of substantial deviation at a public hearing
after notice to the developer.
AA.
St. Lucie County shall monitor the Development of the project to ensure compliance
with this Development Order. The St. Lucie County Community Development Director
shall be the local official assigned the responsibility for monitoring the Development
and enforcing the terms of the Development Order. The Community Development
Director may require periodic reports of the developer with regard to any item set forth
in this Development Order.
BB.
The developer shall make an annual report as required by Section 3 80.06(18), Florida
Statutes. The annual report shall be submitted by July 31 sl of each year. The annual
report shall address all development activities from July 1 of the preceding year
through June 30 of the year in which the report is submitted. The annual report shall,
in addition to all monitoring reports required under the conditions of this Development
Order, include the following:
1. Any changes in the plan of Development, or in the representations contained in
the Application for Development Approval, or in the phasing for the reporting
year and for the next year;
2. A summary comparison of Development activity proposed and actually
conducted for the year;
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OR BOOK 1832 PAGE 1374
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3. Undeveloped tracts of land that have been sold, transferred, or leased to a
successor developer;
4. Identification and intended use of lands purchased, leased, or optioned by the
developer adjacent to the original site since the Development Order was
issued;
5. An assessment of the developer's and local government's compliance with the
conditions of approval contained in this Development Order and the
commitments specified in the Application for Development Approval and
summarized in the Regional Planning Council Assessment Report for the
Development undertaken;
6. Any request for a substantial deviation determination that was filed in the
reporting year or is anticipated to be flied during the next year;
7. An indication of a change, if any, in local government jurisdiction for any portion
of the Development since the Development Order was issued;
8. A list of significant local, State, and federal permits which have been obtained
or which are pending by agency, type of permit, permit number, and purpose of
each;
9. The annual report shall be transmitted to St. Lucie County, the City of Port St.
Lucie, the Treasure Coast Regional Planning Council, the Florida Department
of Community Affairs, the South Florida Water Management District, and such
additional parties as may be appropriate or required by law;
10. A copy of any recorded notice of the adoption of a Development Order or the
subsequent modification of an adopted Development Order that was recorded
by the developer pursuant to Subsection 380.06(15), Florida Statutes; and
11. Any other information requested by the Board of Commissioners of St. Lucie
County or the St. Lucie County Community Development Director to be
included in the annual report.
L.
The definitions found in Chapter 380, Florida Statutes, shall apply to this amended
Development Order.
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OR BOOK 1832 PAGE 1375
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M. This amended Development Order shall be binding upon the developer and its
assignees or successors in interest. It is understood that any reference herein to any
governmental agency shall be construed to mean any future instrumentality which may
be created and designated as successor in interest to, or which otherwise possesses
any of the powers and duties of any referenced government agency in existence on
the effective date of this amended Development Order.
N. The approval granted by this amended Development Order is conditional and shall not
be construed to obviate the duty of the developer to comply with all other applicable
local, State, and federal permitting requirements.
O. In the event that any portion or section of this amended Development Order is deemed
to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions or sections of this amended
Development Order, which shall remain in full force and effect.
P. This amended Development Order shall become effective upon adoption.
a. Certified copies of this amended Development Order shall be transmitted immediately
by certified mail to the Department of Community Affairs, the Treasure Coast Regional
Planning Council, and Cavanflah Savanna Club,
(Amended throuoh Resolution 03-184. September 2,2003)
R. Within 21 days of the effective date of this resolution amending Resolution No. 82-058,
the developer, shall record a notice of adoption of this order in compliance with
Chapter 380.06(15)(f), Florida Statutes, with copies of said notice being provided to
the Florida Department of Community Affairs, Treasure Coast Regional Planning
Council and St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice-Chairman Paula Lewis AYE
Commissioner John Bruhn AYE
Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 9TH day of September, 2003.
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OR BOOK 1832 PAGE 1376
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t~
.~ . ..IT
BOARD OF COUNTY COMMIS~IO"NEF<:S
ST. LUCiE COU~!X,Fld~iDA-
y
BY
~ ~(~'~.
u p;"i ~niai':;';;' .;tf<<ML n n
APPROVED AS TO FORM
AND CORRECTNESS
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