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HomeMy WebLinkAbout1982 - Res. 82-58 r i ¡ , r ,{ ; ! ( i f ~ , ~ . I.~ . I .. .. . . " . '. {¡¡I/ 566243 IN RE: COUNTY OF ST. LUCIE, STATE OF FLORIDA APPLICATION FOR DEVELOPMENT APPROVAL OF A DEVELOPMENT Ol'~ REGIONAL IMPACT BY WATERWOOD HOMES, INC., APPLICANT FOR SAVANNAH CLUB RESOLUTION NO .82-58 . RESOLUTION GRANTING A DEVELOPMENT ORDER WHEREAS, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or SAVANNAH CLUB, has filed with St. Lucie County an Application for Developmènt Approval of Development of Regional Impact, and WHEREAS, these proceedings relate to a ~roposed regional residential . mobile home subdivision comprising approximately 2,560 mobile homes with recreation complex, located in St. Lucie County, Florida, east of u. S. Hiqhway One and' north of Walton Road, upon unincorporated area of St. Lucie County, Florida, and rrnEREAS, upon publication and furnishing of due notice, a public hearing in these proceedings was held Tuesday, March 23, 1982, .before the Board of County Commissioners of St. Luoie County, Florida, and WHEREAS~ said Board of Co~nty Commissioners has considered the testimony, reports and other documentary evidence submitted at said' public hearing by SAVANNAH CLUB, the Treasure Coast Reqional Planning Council (TCRPC), St. Lucie County staff, as well as the publio, and WHEREAS, said Board of County Commissioners, having considered all of the foregoing and being fully advised and informed in the premise~~ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners 8n~376 ,l6f1908 of St. Lucie County, Florida, that said Board makes the following findings of fact: 1. A notice of public hea.1ng in these proceedings was duly published in the Fort Pierce News Tribune, a newspaper of general circulation in S~. Lucie County, Florida pursuant to Section 380.06, Florida Statutes, and proof o~ said publication has been duly filed in these proceedin~s. 2. Upon consideration of all matters prescribed in Section 380.06 of the Florida Statutes, it is determined that: A. The development is not located in an area of critical state concern. B. The development does not unreAsonably interfere with and. is ï not inconsistent with the achievement and the objectives of an adopted state land development plan. c. The development is consistent with local land development i regulations and is consistent with the report and recommendations of the , 'f Treasure Coast Reg1on~1 Planning Council on file in these proceedings. ¡: } '! ! .... i· î ~ .. I· ~ . BE IT FURTHER RESOLVED, by said Board of County Commissioners, as conclusions of law, that these proceedings have been duly conducted pur- suant to the provisions of Florida Statutes, Chapter 380, and, subject to the conditions, restrictions and limitations hereinafter Bet forth, SAVANNAH CLUB and' NATERtiOOD HOMES, -INC., is entitled to the rnlief . . prayed and applied for in the Application for Development Approval (ADA). . . ". ¡ ~~ ßog:376 PAGE1909 -2- - BE IT FURTHER RESOLVED by the said Board of County Commissioners as follows: The Application for Development Approval of Development of Regional Impact filed herein and the additional material submitted to the Treasure Coast Regional Planning Council filed in these proceedinc¡s by SAVANNAH CLUB is'J:1ereby approved and the Development Order is herein granted subject to the fOllowing-conditions and definitions: I. "'Ihe following information submitted by the Applicant ~ñall be made a part of' and an expresa condi tion of this Development Or~er: a. All housing units in the development will be doublewide !!lobi Ie home.s, which shall be permanently affixed to the real property prior to occu~ancy and the applicant shall cause each buyer to execute an appropriate document eviden- cing intent and acceptance of his intent to purchase. real property and to accept real property taxation thereof. b. That SAVANNAH CLUB shall, prior ~ïs9Jance of building permit, Phase I, subject property, donate 120 acres in the northeast corner of the project site to the State of Florida, Depart- ment 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 sham on Exhibit PD-2 of the 'It:RPC AssessrÅ“nt Re{X)rt). II. RESOLVED by the Board of County Commissioners that the f011?wing conditions, limitations, and definitions are made BOB:376 f&Gf1910 -3- 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 Treasure Coast Regional Plannin9 Council on November 20, 1981 for the SAVANNAH CLUB D.R.I. as follows: APPLICATION FOR DEVELOPMENT APPROVAL 1. The SAVANNAH CLUB Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging . their statutory duties under Chapter 380, Florida 'St.atutes. Substant.ial compliance with the representations contained in the App~ication 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. Savannah Club DRI/ADA, submitted June 26, 1981: b. Savannah' Club DRI/ADA supplemental infor- mation, submitted April 14, 1981; c. Letter and attachments dated October 21, 19S1 from Thomas A. Sheehan, III, to -4- 602: 376 PICE 1911 i i ¡ I . .~ I ,/ ! l' f f I . ! . ; j . . Sam Shannon regarding wetlands; d. ÞU.S. 1 Capacity Analysis~ prepared by Tipton Associates Incorporated and dated October 30, 1981. COMMENCEMENT OF DEVELOPMENT 2. In the event the developer fails to commence significant physical development within three years from the effective date of the Develop- ment Order, development approval shall termi- nate and the development shall be 5ubjec~ to further consideration pursuant to Section 380. Florida Statutes. Significant physical develo ment shall mean site preparation work for any portion of the project. 3. In the event of discovery of archaeological HISTORIC AND ARCHAEOLOGICAL SITES artifacts during project construction, the applicant shall stoy . construction in that area and notify the Bureau of Historic Sites and Properties in tbe Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided 'by the applicant- SAVANNF\H CLUB. VEGETATION AND ~ŸILDLIFE 4. The -~icant shall contact the Gme arrl heslPater Fish Cormdssion 60 days prior to clearing to initiate what measures might be deemed neces- sary and available for relocating wildlife -5- 6oB~ 376 PAGE 1912 1" ) ~ , j . . i , . ~ , , r. f: ~ , ~ ~ I ! r ' " ; ! : ¡ . L~ . WETLANDS BaR: 376 PAGE 1913 found on-site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.) 5. The Applicant shall develop the project so that, upon completion, the site, as legally described in the ADA, will contain 64 acres oj viable and productive wet prairies, ponds, anè littoral zones. This shall be in addition to any presently existing wetlands, including but not limited to, wet prairies, marshes, ponds, and littoral zones contained in the area to bE deeded to the State, as shown on EXhibit PD-2 of the TCRPC Assessment Report. The creation of 64 acres of wet prairies, po~ds, and littoral zones shall not include canals and drainage ditches. Included in the 64 acres 01 wet lands shall be 14 acres of wet prairie in the upland buffer area of the 12Q-acre parcel to be deeded to the State for 1nclusiol1 in the Savannahs Preserve. The other 50 , acres Of new wetlands shall be created on the remaining portion of the project site. In the event the management agency for the Savannahs Preserve does not approve the crea- ticn of 14 acres of wet prairie in the upland buffer, only the 50 acres of wetlands on the remainder of the site will be required to satisfy this condition. The wetlands ..- . t i shall be· designed, constructed and maintain- ed in a manner to mimic natural wetlands ana to replace the functions lost through destruc-. tion of existing wetlands to the ~ximum ex- tent technically feasible. The applicant shall coordinate the development of the plan for maintaining or creating wetlands with the South Florida Wa ter 1·2anagement District, the Flori. da Game and Freshwater Fish COmmdssion, and the Florida Department of Natural Resources. Such plans shall be subject to approval by st. Lucie County in consultation with Treasure Coast Regional PlQnning Council, South Florida Water. Management District, Florida Game and Fresh- water Fi8hCommission, and Florida Dep~tment of Natural Resources prior to commencing &aid development. Any plans for wetlands creation shall include design of bottom contour~, plans for vegetatinq, and description of proposed water regimes. I -7- ß~376 PJ~f1914 - :11 DRAINAGE - LI TTOHAL ZONE 6. The applicant shall prepare a planting and ~anagernent plan for the littoral zone that surrounds the lake system. The plan shall include the týpes, extent and timing of plant. ing that will be provided in the littoral ZOD4 Also included in the plan shall be the identi. fication of any management activities that ar. intended to ensure the continuance and health t of the littoral zone. 'l'he plan shall be sub- ject to the approval of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council prior to beginning excavatiol i "f ? '. DRAINAGE - WATER TABLE of the lake system. 7. The drainage system shall be designed to assure that the lowering of the water table on-site will' not negatively affect the wetlazÞ systems on adjoining properties, especially : ; ! ¡'f . , ~ .f ~ f those systems that are currently on 1~ ownec s . t . ·1 , I .J by the State as part of the Savannahs natura1 preserve. The drainage system design shall ' be subject to the approval of St. Lucie Oount~ in consultation with the Treasure Coast Regio] al Planning Council, South Florida Water Mana. ment District, and the Department of Natural :-",1 " ßo~]~376 fÁGf1915 -8- - i \ . i ~ ; , I i ~ i , , 1 ~ ! i - t I ~ '- . " :-J "-'J . nRAINAGE - NATF:R SUPPLY 8. FOR IRRIGATION DRAINAGE - - GOLF_ COURSE DESIGU Resources prior to any development occurring on-site. The applicant shall explore an-alternate source of water for irrigation other than the lake drainage system as proposed. In the event the lake drainage system is utilized to) irrigation purposes, it shall not result in withdrawal for said purposes below any per~ mitted control level. The plan for securing irrigation water shall be subjec~ ~o the approval of St. -Lucie County, in consultation with the South Florida Water ~~a9ement D~8t- rict prior to initiating construction of the lake drainage system. 9. The applicant shall prepare a detailed Bite plan_ that includes adequate topographic detai: for the proposed golf course that assures tha1 minimum direct runoff into the lake sys~em will occur. The plan shall bå subject to the approval of St. Lucie CountY6 in consultation with Treasure Coast Regional Planning Council ðnd the South Florida Water Manaqement Distri4 prior to beginning development of the golf co-urse. ßoH:37fj ,IGf1916 -9- i - ~ - . r t } ~ ! " ¡ , - i- t. t i -f t ¡ ~, , ~,:J . DRAINAGE - SAVA:mAHS MARSH 10. The drainage system shall be designed to assure that natural hydroperiods, especially the ~istorical water flow from the site, are provided to the Savannahs Marsh. The drainA~ system design shall be subject to the approva of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council. South Florida Water Hanaqement District, and the Department of Natural Resources prior to any development occurring on-site. The applicant shall provide any necessary or recommended monitoring of water quality run-off into H09 Pen Slough as specified by South Florida Water Management District _ or Treasure Coast Planning Council recommenda tion or St. Lucie County staff reco~ndation Final determination subject to these recommendations shall be made by -10- Bo~~37ô PAI;f1917 RECREATION AND OPEN SPACE 11. FIRE PROTECTION 12. , , J ) - -¡ i , ¡ I , I I :' , í _! . . , j ~ , - I '-/ /-/ ..:;.... St. Lucie County before final building permits by St. Lucie County. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25 parking spaces and provide a dune walk- over (dune hopper), or make a payment in lieu thereof, which shall be located on But- chinson Island, in St. Lucie County, south oj the FPL power plant, or in Martin County. The Applicant shall contribute $100,000.00 aJ 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 Savan. ., nah Club and viçinity. The contribution shall be payable under the following terms 4J 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,OOO.OO payable upon enerqi- zine 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'x150' at ~:376 PIGf19!8 -11- DISASTER PREPAREDNESS - an agreed location within the proposed development for purposes of a fire station. If this land is acceptod 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 $lOO,OOO.OO aqreed contribution. 13. The Applicant shall provide such additional public shelter spaces for disaster prepared- ness in the Port St. Lucie area that will be adequate to handle the needs generated_by this development. Such needs are found, and determined to be 40% of project occupancy '(2,048 persons, based on a total occupancy projected at 5,120 persons) for shelter spac~ and 20 square feèt per person (40,960 square feet tota¡ required) on site or off site~ Th: requirement shall be provided based on ,said formula and be equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendatiqns of the County Disaster Preparedness Director. All spaces shall be designated and accepted by the St. Lucie County Department of DisasteJ Þreparedness, prior to energizing the first 1,500 uni,ts, subject to approval of -12- 808:376 PAGf1919 . "j -/ í ,b.- !I' I j ./ 'f t , ! . I i ! , I ! - St. Lucie County. TRANSPORTATION 14. The intersection of the entrance roadway and u. s. 1 shall be provided by the applicant with all improvements (including signalizatiOD necessary to make it operate at Level of Service C.) This responsibility shall termi- nate one (1) year after the project is com- TRANSPORTATION pleted. 15. No more than 1,500 units may be enerqized un~f the ext.ention of Lennard Road from Walton Road north to the entrance road from U.S. 1 TRANSPORTATION is completed and opened to traffic. 16. The Applicant shall provide traffic improve- ments necessary to maintain both Level of Ser~ vice D during the peak season (Jan. - March) and Level of Service C for annual average daily traffic at the following intersections I u. S. 1 and Pr 1ma vis ta Boulevard . u. s. 1 and Midport- Road/Walton Road u. s. 1 and Port St. Lucie Boulevard. The APPlicant's responsibility is based on existing traffic, traffic generated by the project, and increased traffic resulting from projected growth in the area as set forti in the ADA. In maintaining the required -13- 603: 376 PMifl920 I i. t ~ ¡ ; 'f ; .~ t r ¡ I ¡ ¡ , ) . ./ ~ t I r t . Level of Service, the applicant shall not be responsible for providing improvements to accommodate traffic generated by any future m~jor developments that exceed the thresholds for Developments ,of Regional Impact as pre- sently' defined in Chapter 27f-2, Florida Administrative Code, or that are Developmen~8 of Reqional Impact .s defined in Florida Sta- tute 380.06 and are approved sub~equent to thf issuånce of the Development Order for this project., Such traffic shall not be calculate( in determining the required Level of Service. This responsibility shall terminate one" (1') year .after project is completed. TRAtWPORTATION l7. Commencing the first winter seAson after the effective date of the Development Order and CXt\tÍl'l~ every winter season (Jan.-:wQ.) thereafter 'until one' (1) Year after" develo¢ent carþle~, the applicant shall undertake a study of traffic conditions along u.s. 1. Such study shall determine traffic volumes along u. S. 1, traffic genèration by the development, and operating conditions along U. S. 1 between CR 712 and SR 707. The study shall include oog:376 Pltif1921 -14- an analysis of those intersections delineated in CDnditions 14 and 16 above. 'lte stoo.y shall be coordinated with the Treasure Coast Regional Planning Council, Florida Department of Transportation, St. Lucie County, and City of Port St. Lucie and shall be provided as part of the annual report required by Sub- section 380.06(16) Florida Statutes. Further, the Applicant shall meet with General Development Corporation and St. Lucie County staff, to assist in a County staff recomme~dation defining areas ~nd scope~gbli9ations for the four (4) laoing of Walton Road between Village -. Green Drive and Lennard Road under Midport DRI and Savannah'Club DRI Development Orders. The County COmmission shall pro- vide a final determination of the resp~n- sibilities for four (4) laning Walton Road based upon the recommendation provided by County staff. That the memorandum ot -15- &03:376 PAG£1922 - St. Lucie County Development Coordinator dated December ll, 1972, page 3, under transportation, and continuing through item 14, 15, 16, 17 and page 5, additional staff conunents, (1) (2) are incorporated by reference and attached hereto for further definition and clarification i ( E t f i , ;. , ENERGY . to this transportation condition. l8. In the final site plans, the developer shall incorporate those energy conser- v~tion measures identified on pages 43 and 44 of the ADA Addendum and, to the extent ~ ; ì ¡ ~ i J t . . ~ feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. To evaluat.e the success of including such conservation measures, the applicant shall provide the Council with information as to the . status of implementation of these measures in the annual report required by Subsection 380.06(16), Florida Statutes. -16- BOg: 3 76 UtE 1923 }; - " À. ENERGY 19. All heated swimming pools built on-site shall be heated primarily by renewable energy SOurces (such as solar energy). ENERGY 20. A solar domestic hot water system shall be specifically offered to all prospective buyer. 21. .Only air condi tioners with energy-efficient ratios (EER) of 8.0or higher may be offered ENERGY f . ~ ~ I J . \ ! ENERGY to mobile home purchasers. 22. '%'he applicant B..hall provide for the installa- tion of water saving fixtures (e.g., three- 9allon toilets, flow restrictors) in all new unit~. ENERG.Y 23. !~bile homes with a full line of energy- efficient appliances shall ~e offereð to all prospective buyers by the applicant 24. The applicant-Savannah Club, shall provide first aid and oxygen stations at the project club house and ~ of management personnel at the clubhouse in CPR and general first rJEP.LTH CARE t f aid techniques. The homeowners' association ~ay also wish to ~iðer an"appointed guardian program" similar to those established at other mobile home retirement communities in the region. , -( 802: 3 76 J''\GE 1924 -17- - , . III. LEGAL DESCRIPTION: Incorporated in the application for development approval (ADA), is specifically incorporated herein by reference as 't.he legal description for the property inoluded under this development order, attached hereto as Exhibi t ItA". IV. That the developer, Savannah Club, shall submit an annual report on the development by January 30th of each year describing the development activities both to date and for the preceding calendar year to the St. Lucie County Co~ss1on in accordance with the requirements of Florida S~atute 380. 06(16). The contents of the annual report shall be determined within ninety (90) days of the issuance of the Development Order by the parties who are scheduled to receive a copy of such report, i.e. St. Lucie County Development Coordinator, Treasure Coast Regional Planning Council', and Florida Depart- ment of Veteran and Community Affairs. . V. In compliance with Florida Statute 380(14) (c)l., that S~. Lucie County Development Coordinator is hereby designated as the local official responsible for assuring compliance by the development with the development 'order includin9 all ~nitorin9 thereof. VI. That Devitt Aàams, Esquire, as counsel for St. Lucie ~unty, is hereby authorized and directed to cause a certified copy hereof to be served upon the Florida Department of Veteran and -18- 608:376 PJGf1925 . . I " . community Affairs and the Treasure Coast Regional Planning Council and Gerald s. James, Esquire, Attorney of Record in these proceedings for W~TERWOOD HOMES, INC., d/b/a SAVANNAH CLUB. Adopted in regular sessions with a quorum present and voting this :.""/ J:- day of {¡1Ut.;): , 1982. BOARD OF COUNTY COMMISSIONERS ST. LUCIE CQ TY, FLORIDA. ". I BY:' ;'~. ~~.'c.. Chair. n ¡ f' i t ) t i ATTEST: rziv ~~ C¡ér STATE OF FLO~IDA, COUNTY OF S'l'. LUCIE. I The undersigned, Clerk of the Board ~f County Commissioners of the County and State aforesaid does hereby certify that the above and fore- . going is a true and corrQct copy of a resolution ~op~ by the said Board at a meetinq held on the ~ 1 ci day of . ~ ' 1982. Wi tness my hand and seal of said Board this ~ 1 it day of tiflJúJJ 1982. , ...,ùuuuu:. .':"'¡\ ~ [I~ r ' .. \vl, I,. ,_ " . ~ ......., :.. ·:1 .... ....~.,.~. ."c, . ...... ~~ ~~.... ... -~":\.. . ~ ~ : ;~.. ': - t. .' _ t;JI ~ . .: ::.:;! L r-..... :: ~ :.. . ",.. :~ ~ = ~ .".... .' ~ ~ r... -. ~.,..,. ",":.: .~"..-" ¡ .~.~ :- ~,/ ", ." 41'4·. :-- ,. .. . ...... ,/ '; ~ , \'~..>';"'~~~';'~:~~> ,. " . ; t;iI ~; '.', . Roqer Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Floriða. ~ /; -::20 '~p<......... U· I '''c:....c.. (~e uty Clerk BY: ~ .~ Î &t}B~376 pjtif1926 -19- - , 4 , .! ,~ - Legal Descriptlon Lots 13 to 16~ inclusive, in Bloc~ 3; and Lots 9 to 16. inclusive. in Block 4; all being in Section 24. Township 36 South, Range 40 Eèst. as shown on map or plat of ST. LUCIE GARDENS, recorded in Plat Book 1. page 3S,of the public records of St. Lucie County, Florida. All of Block 1. lots 1. 2. 3. 4. 13. 15 and 1£ in Block 2~ lots 1 to 4, inclusive, and Lots 11 to 16, inclusive, in Block 3, AND Lots 1 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 Lo~ 2. th~ South 1/2 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 Ee~t, . as shown on said map or plat of ST. LUCIE GARDENS. All lying and being in St. Lucie County, Florida. ~r.2 ."tHIB P¡'¡ 3: 49 'i: rr '~"r""" . . ~, I W ,. cr. . '. r"'~I'"1 ,',. ({,' ,11.\··" I" Q.fF. ." "r.I1¡i;'..<ì"· .~ (' fruIT r;t~I.';¡ . ^ .1', P.""., "_ J . "",. \~ I¡·'·'n_..,__. 566243 EXHISJT A ~ GO EXHIBIT 5-1 ßo~~376 "Gf1927 x