HomeMy WebLinkAbout08-091
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3280485 1111912008 at 12 :54 PM
OR BOOK 3034 PAGE 1396 - 1441 Doc Type: RESO
RECORDING: $392.50
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3270401 10122/2008 at 09:54 AM ~
OR BOOK 3026 PAGE 1286 - 1331 Dqc Type: RESO
RECORDING: $392.50
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RESOLUTION NO. 08-091
A RESOLUTION AMENDING RESOLUTIONS 89-73,
91-228, 93-061,93-125,95-195, 97-023, 97-086,
98-100 AND 04-081 APPROVING AN SEVENTH
EIGHTH AMENDMENT TO THE AMENDED
DEVELOPMENT ORDER .,TO THE ..... DEVELOPMENT OF
REGIONAL IMPACT KNOWN AS THE RESERVE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. Callaway Land & Cattle Company has filed a Development of Regional Impact Application for
Development Approval with St. Lucie County, Florida and the City of Port St. Lucie, Florida;
in accordance with Chapter 380.06, Florida Statutes.
2. Callaway Land & Cattle Company. originally proposed to construct. 4,lOOdwellin~ ynits;
1,600,000 square feet of industrial space; 290,000 square feet of retail space; 100,000
square feet of office space; and 250 hotel rooms, constituting a Development qf ~egional
Impact on the real property legally described in Section B below, located in St. Lucie Cqunty
and the City of Port St. Lucie, all located in the State of Florida.
3. The Board of County Commissioners of St.. Lucie County as the governing body oT !~~.Ll.Icie
County having jurisdiction over that portion of this project located in the unincor'ponated
areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes,iS, authb~i~e9and
empowered to consider Applications for Development Approval for Developrryents pf ~egional
Impact.
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On December 8, 1988, the St. Lucie County Local Planning Agency held apu~lic!~eprW~)~t
which due notice was published in the Ft. Pierce News Tribune, and recommeh9)ed!!rfthi~
Board that the Development Order approval for the Development ofRegionallImpaq~ knp""n
as The Reserve, be granted.
The Board of County Commissioners of St. Lucie County, Florida, on the 15th day oT
December 1988, held a public hearing on the Development of Regional Impact Application
for Development Approval for The Reserve, and has heard and considered the testimony
taken there at.
At this public hearing, and following its closure, the Board of County Commissioners
continued any further action on this application until Tuesday, December 20,1988.
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On Tuesday, December 20, 1988, the Board of County Commissioners rembvedifro~tH~
table, the request of The Reserve Development of Regional Impact, for Development qrder
approval.
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8. The Board of County Commissioners of St. Lucie County has received and considered the
assessment report and recommendations of the Treasure Coast Regional Planning Council.
9. On December 20, 1988, the Board adopted Resolution No. 88-357, effective December 28,
1988, granting development order approval to The Reserve.
10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the
County's Development Order to the Florida Land and Water Adjudicatory Commission.
11. In March of 1989, representatives of the new project developers and the Treasure Coast
Regional Planning Council reached a settlement in regard to the items under appeal and the
amended Development Order, resolution 89-73, reflects that settlement.
12. On March 14, 1989 this Board granted approval to Resolution 89-73, effective March 21,
1989, which amended the approved Development Order for the Development of Regional
Impact known as The Reserve, and at the same time repealing Resolution 88-357.
13. On November 12, 1991, this Board granted approval to Resolution 91-228, which amended
Cc:mdition Number 55 of Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
14. On January 22, 1993, Callaway Land and Cattle Company filed a Notification of Proposed
Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19),
Florida Statutes for a second amendment to Resolution 89-73.
15. On May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a
second amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve and determined that the proposed
amendments did not constitute a substantial deviation to the original Development Order.
16. On July 27, 1993, this Board granted approval to Resolution 93-125, which provided for a
third amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve and determined that the proposed
amendments did not constitute a substantial deviation to the original Development Order.
17. At the time Resolution 93-061 was approved by the Board, the approval was conditioned
upon the applicants, Callaway Land Cattle Company, filing with St. Lucie County, The Florida
Department of Community Affairs and the Treasure Coast Regional Planning Council a
Notification of Proposed Change to a Previously Approved Development of Regional Impact
for the purpose of reviewing the upland/wetland mitigation, transportation and any other
related conditions effecting the development of this project by November 23, 1993. The
Notification of Proposed Change was to include the comments/issues presented at the
developer's pre-application meeting held with the Treasure Coast Regional Planning Council
on November 18, 1992 from which there had not yet been any official filing of proposed
amendments.
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18. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change
to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida
Statutes for a fourth amendment to Resolution 89-73.
19. On September 21, 1995, the St. Lucie County Local Planning Agency/Planning and Zoning
Commission held a public hearing, of which due public notice was published in the Port St
Lucie News and the Tribune on August 17, 1995 and August 31, 1995 on the proposed
amendments to Resolution 89-73, as previously amended.
20. On October 17, 1995, this Board held a public hearing, of which due public notice was
published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995
and September 26, 1995 on the proposed amendments to Resolution 89-73, as previously
amended.
21. On October 17, 1995, this Board granted approval to Resolution 95-195, which provided for
a fourth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
22. On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land
and Water Adjudicatory Commission and Notice of Appeal of the approved Amended
Development Order for the Reserve (FL W AC Case No. 96-010).
23. On December 16, 1996, the Florida Department of Community Affairs and the developers of
The Reserve, Callaway Land and Cattle Company, Inc., entered into a Settlement Agreement
for the purpose of addressing the issues raised under the Department of Community
Affairs appeal of the approved Amended Final Development Order for The Reserve
(Resolution 95-195).
24. On January 23, 1997, the developers of The Reserve, Callaway Land and Cattle Company,
Inc., requested that the Board of County Commissioners consider an amendment to the
Amended Final Development Order for the Reserve (Resolution 95-195) based on the
settlement agreement with the Department of Community Affairs on their appeaFoffhe
Approved Amended Final Development Order for The Reserve (Resolution 95-195).
25. On February 4, 1997, this Board granted approval to Resolution 97-023, which provided for
a fifth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve and determined that the proposed
amendments, that were based on the settlement agreement between the Callaway Land and
Cattle Company and the Department of Community Affairs on the Department of Community
Affairs appeal of the Approved Amended Final Development Order for The Reserve
(Resolution 95-195) and further that the proposed amendments did not constitute a
substantial deviation to the original Development Order.
26. 011 Mciy 5, 1998, Callaway Land and Cattle Company filed a Notification of Prop?sed Change
to an Approved Development of Regional Impact. pursuant to Chapter 380.()6(19), Florida
Statutes for a sixth amendment to Resolution 89-73.
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Y-: On August 18, 1998, this Board granted approval to Resolution 98-100, which provided for a
sixth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as the Reserve.
~ On August 22, 2003, Reserve Homes, Ltd., L.P., filed a Notification of Proposed Change to an
Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida
Statutes, (NOPC) for a seventh amendment to Resolution 89-73 to, among other things,
amend the DRI Development Program to be as follows: 3,200 residential units; 500,000
square feet of industrial space; 290,000 square feet of retail space; 100,000 square feet of
office space; 250 hotel rooms; 4 golf courses with accessory buildings and a passive and an
active recreation area which may include: baseball and multipurpose fields; operational
offices; welcome center; parking for 750 vehicles; and a children's team sports training
center; on 81:!: acres. The NOPC also amends the boundary of the DRI to eliminate 10 acres
from the DRI.
_On April 20, 2004, this Board granted approval to Resolution 04-081, which provided for a
seventh amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
Whereas, on January 12, 2007, this Board Qranted approval of the Settlement AQreement
resolvinQ certain issues with respect to the approved Development Order.
31 On March 19,2007, as required by the Settlement AQreement, Reserve Homes, Ltd., L.P.,
filed a Notification of Proposed ChanQe to an Approved Development of ReClional Impact
pursucnt to Chapter 380.06(19), Florida Statutes, (NOPC) for an eighth amendment to
Resolution 89-73 to, amonQ other things, amend certain conditions of approval to reflect
chanQes required by the Settlement Agreement and to amend the DRI Development
ProQram to be as follows: delete the approval for baseball and multipurpose fields;
operational offices; welcome center; parking for 750 vehicles; and a children's team sports
training center and replace with 76,500 square feet of additional general office/commercial
use. This replacement square footaQe being equivalent in the amount of traffic generated
as the deleted use.
-6G:32 On September 16, 2008, this Board held a public hearing, of which due public
notice was published in the Pert St. Lucie News BAd the Tribune on AUQust 4-, 2008, on
the proposed amendments to Resolution 89-73, as previously amended.
dG.33. The Board believes that approving this sC'leAth eiQhth amendment to the Amended Final
Development Order for The Reserve is in the best interest of the public health, safety and
public welfare of the citizens of St. Lucie County, Florida, and further that the proposed
amendments do not constitute a substantial deviation to the original Development Order, as
amended.
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~.34. The Board of County Commissioners continues with the following amended FINDINGS of
FACT and CONCLUSIONS of LAW with regard to the Application for Development
Approval as cited in Resolution 89-73:
AMENDED FINDINGS OF FACT
A. The proposed Development is not in an area of Critical State Concern as designated
pursuant to the provisions of Chapter Section 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. On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and
recommendations on this development pursuant to Chapter Section 380.06(12)(a), Florida
Statutes.
D. On August 25, 1995 the Treasure Coast Regional Planning Council issued a report and
recommendations on the Notification of Proposed Change to a Previously Approved
Development of Regional Impact (The Reserve) pursuant to Chapter Section 380.06(12)(a),
Florida Statutes.
E. On June 4, 1998 the Treasure Coast Regional Planning Council issued a report and
recommendations on the Notification of Proposed Change to a Previously Approved
Development of Regional Impact (The Reserve), filed May 5, 1998 pursuant to Chapter
Section 380.06(12)(a), Florida Statutes, and determined that the proposed changes to the
Final Development Order for the Reserve would not constitute a substcintialdeviation to the
previously approved Development Order.
F. The Treasure Coast Regional Planning Council advised the County that it had reviewed the
Notification of Proposed Change to a Previously Approved Development of Regional Impact
for the Reserve DRI, filed August 2003, pursuant to ChapterSection 380.06(19)(f)(4),
Florida Statutes, and determined that the proposed changes to the Final Development
Order for the Reserve DRI would not create significant regional impacts not previously
reviewed.
G. The proposed Development is consistent with the local comprehensive plan, development
laWs and regulations of St. Lucie County.
H. As part of the seventh amendment to the previously approved Development of Regional
Impact known as The Reserve, it is acknowledged that the developer has submitted a
comprehensive air quality computer modeling study that demonstrates that State and
federal air quality standards have been met, and which does not identify any exceedances
requiring carbon monoxide monitoring or abatement.
I. In the seventh amendment to the previously approved Development of Regional Impact
known as The Reserve, filed on August 22, 2003, Reserve Homes, Ltd., L.P., included a
proposal to amend the master site plan for the Reserve DRI to include a general purpose
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ground connection/roadway between a portion of the Sable Creek Subdivision and the
property to the south of this site. As part of the April 20, 2004, public hearing on the
Notice of Proposed Change (NOPC), Reserve Homes, Ltd., L.P., withdrew from the
application all proposed amendments to the project that involved the reconfiguration of any
part of the overall project site plan that would have provided for the construction ofClny,
general purpose access connection into the areas south of the PGA Reserve, except that
Reserve Homes indicated that they would, consistent with the requirements of the PGA
Villages Final Development Order, maintain an emergency only connection that would be
available to any local public safety authorities should it be needed to address emergency
conditions.
J. The Treasure Coast Reaional Plannina Council advised the County that it had reviewed the
Notification of Proposed Chanae to a Previously Approved Development of Regional Impact
for the Reserve DRI, filed March -1-919, 2007, pursuant to Chapter Section 380.06(19)(f)(4),
Florida Statutes, and determined that the proposed changes to the Final Development
Order for The Reserve DRI would not create sianificant reaional impacts not previously
reviewed.
CONCLUSIONS OF LAW
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 -4fl16th day of September,
2008 _20th €lay sf Al'll"il, 2001~ Resolution 01 081 08-091-, which amends Resolution
04-081, which amendsed Resolution 98-100~ 97-023 (as corrected by Resolution 98-086)
which amended Resolution No. 95~195, which amended Resolution No. 93~125, which
amended Resolution No. 93-061, which amended Resolution No. 91-228, which amends
Resolution No. 89-73, which amended Resolution No. 88-357 granting Development Order
Approval to the Development of Regional Impact known as The Reserve, is hereby
APPROVED subject to the following conditions, restrictions and limitations:
APPLICATION FOR DEVELOPMENT APPROVAL
1. The Reserve Development of Regional Impact Application for Development Approval is
incorporated herein by reference. It is relied upon, but not to the exclusion of other
available information, 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, as modified by Development Order conditions;isa
condition for approval.
For the purpose of this condition, the Application for Development Approval shall include-
the following items:
a. Application for Development Approval dated July 9, 1987;
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b. Supplemental information dated December 3, 1987; June 15, 1988; July 22, 1988;
July 29, 1988; and August 12, 1988; and
c. Materials dated September 28, 1988; September 30, 1988; and October 6, 1988,
which were received by the Treasure Coast Regional Planning Council after the
formal Development of Regional Impact Application for Development Approval
review process was terminated by the applicant and local public hearings had been
scheduled.
d. Notice of proposed change dated May 25, 1993.
e. Materials submitted January 31, 1994, August 5, 1994, and February 3, 1995 with
the Notice of Proposed Change/Substantial Deviation ADA for the substantial
deviation determination.
f. Notice of Proposed Change filed May 5,1998.
g. Notice of Proposed Change dated August 22, 2003.
· Resolution 89-73, as previously amended, is hereby amended to reflect that based
upon the new analysis and conditions setforth in this amended Development Order,
the following conditions (from Resolution 98-100) are being deleted and/or
amended:
Paragraphs 5, 15,46,47,52, 53, 53A, 53B, 54, 55A, 55B, 55C, 56, 57, 58, 59, 60,
61,62,63,64,65, 66A, 66B, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77 and 78;
· and the following conditions from Resolution 98-100 have been determined satisfied:
Paragraphs 5, 52, 53, 54a, 54b, 55A, 55B, 55C, 56, 59b, 60b-2, 60b-3, 64, 66B-d,
72, 73 and 77.
h. Notice of Proposed Change filed March 19, 2007
Resolution 89-73, as previously amended, is hereby amended to reflect that based
upon the new analysis and conditions set forth in this amended Development Order,
the following conditions (from Resolution 04-081) are being deleted and/or
amended:
Paragraphs 6, 7B, -15, 17,46,53-,55-61. (13 Conditions of Approval)
COMMENCEMENT OF DEVELOPMENT
2. In the event the developer fails to commence significant physical development for any
development beyond that authorized in the Development Agreement within three years
from the effective date of the Development Order (the earlier of two dates if separate
Development Orders are issued by St. Lucie County and the City of Port St. Lucie),
development approval shall terminate and the development shall be subject to further
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development-of-regional-impact review by the Treasure Coast Regional Planning Council
pursuant to Section 380.06, Florida Statutes. For the purposes of this paragraph,
construction shall be deemed to have been initiated after placement of permanent evidence
of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings
or any work beyond the stage of excavation or land clearing. Phase I shall be completed
within twelve years. If not completed within that time, further development shall be
subject to substantial deviation review. Project buildout dates and phasing buildout dates
reflected in the ADA are extended four years.
Termination Date:
This development order shall terminate 24 years from the effective date of Resolution 89-
73, (March 21, 2013). Any final development plan approvals not yet received at the
completion of this 24 year period will be subject to further review under the provisions of
Chapter Section 380.06, Florida Statues, or as subsequently amended.
AIR
3. Clearing of specific building sites shall not commence until the developer is ready to
construct the building or buildings to be located in that site unless seeding and mulching of
disturbed areas are undertaken within 30 days of completion of clearing work. During land
clearing and site preparation, wetting operations or other soil treatment techniques
appropriate for controlling unconfined emissions, including seeding and mulching of
disturbed areas, shall be undertaken and implemented by the developer to the satisfaction
of the City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental
Regulation.
4. During land clearing and site preparation, wetting operations or other soil treatment
techniques appropriate for controlling unconfined emissions, including seeding and mulching
of disturbed areas, shall be undertaken and implemented by the developer to the
satisfaction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of
Environmental Regulation.
HISTORIC AND ARCHAEOI..OGICAI.. SITES
5. In the event of discovery of any archaeological artifacts during project construction, the
developer shall stop construction in that area and immediately notify the Division of
Historical Resources in the Florida Department of State. Proper protection, to the
satisfaction of the Division, shall be provided by the developer.
HABITAT, VEGETATION, AND WILDI..IFE
6. Wetlands 1,4, 5, 6, 10, 15, 16, 26~, 38, 39, 52,61, 61A, 61B, 62, 63, 64, e5; 71,78, 80,
81, 83, 84, 86, 89, 91, 92 and 93 as permitted and delineated in the jurisdictional survey
and reflected on the Master Plan, Exhibit H (a.k.a. Map H) shall be retained and/or restored
if necessary, and maintained in viable condition in perpetuity. The applicant shall obtain
required permit approvals to alter/restore these wetlands from the South Florida Water
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Management District and the US Army Corp of Engineers. To ensure that listed species af
the preserved wetlands are not adversely impacted, the future permit approval of the
wetland alteration/restoration shall be based on coordination with and review by the Florida
Game Bl'ld Freshvv'Bter FishFish and Wildlife Conservation Commission. A'RY develal3mel'lt ef
Brcas set aside fer I3reser'lBtieA er sl3ecial pretectiel'l ef eAdal'l~erea er threBtel'led plBl'lts
er BAimals aesigAated BS eAdal'lgered, threBteAea er species ef special Cel'lCerA, as iaeAtified
el'l,A,A.ap H, and shall be subject to development order review pursuant to Section
380.06(19)(b)16, Florida Statutes. AI'I'f alterBtieA er medificatiel'l te al'lY ether I3reser':ea
jurisdictiel'lal wetlaAd thBt is del'le ceAsistel'lt with al'lY FederBl, StBte er re~iel'lBll3ermittil'lg
agel'lC'f shall l'Iet ceAstitute B suestBl'ltial deviBtiel'l. Such wetlands modification shall be
included in the Eil'Il'tl:lEH biennial Development of Regional Impact status report. Map H in the
Development Order shall be amended, for updating purposes, to ensure that the DRI
development plan is consistent with the permit modification no later than six months after
South Florida Water Management District accepts certification of the surface water
management system for the fourth (4th) Reserve Golf Course (PUD II). Viability and
maintenance shall be assured by deed restriction, good development and drainage design
plan which will include quality control measures based on South Florida Water Management
District's best management practices. Assignment of future preservation and maintenance
responsibility shall be to an entity approved by the South Florida Water Management
District or designated in Rule 9J -2.041 (9), FAC. This assignment shall occur prior to build-
out of the phase in which wetlands occur. Adverse impacts that occur due to factors within
the developers' reasonable control, to any of the identified wetlands prior to build-out of
this project shall be the responsibility of the developer to repair.
Any restoration conducted pursuant to this condition shall be completed in consultation
with, and in a manner approved -by, the South Florida Water Management District and/or
the US Army Corps of Engineers based on consultation with Florida GBme aAd FreshwBter
Rsk-Fish and Wildlife Conservation Commission to ensure that preserved wetlands are not
adversely impacted.
No building permits or certificates of occupancy shall be issued for any part of the Reserve
Development of Regional Impact after the effective date of this development order (the
earlier of two dates if separate development orders are issued by St. Lucie County and the
City of Port St. Lucie), until:
1. the ditch connecting wetland 61B to the C24 outfall route has been plugged up to
the rim of the wetland; and,
2. after January 1, 1997, unless all of the remaining restoration required by this
condition has been completed and approved by the South Florida Water Management
District.
7 A. Wetlands 62 and 76 shall be preserved until such time as the Developer has created a
replacement wetland in mitigation for these preserved wetlands to be removed. Such
created wetlands shall be constructed to fully replace the functions and values equal to
those of wetlands 62 and 76. No removal of wetlands 62 and 76 shall take place until the
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created wetlands are complete, inspected and approved by the South Florida Water
Management District.
7B. Any wetland habitat creation permitted under :J:.h.i.5 condition 6 or 7a shall be completed by
the earlier to occur of January 1, 1997 or the issuance of any final PUD, plat or building
permit for the two thousandth (2000th) residential unit in The Reserve.
8. No final planned development or plat approvals shall be issued after January 1, 1994 until
one of the following actions have been completed:
a. The developer has completed, to the reasonable satisfaction of the South Florida
Water Management District, the creation of 50.0 acres of wetland habitat in
mitigation for wetland habitat already destroyed on this project and previously
required to be mitigated by South Florida Water Management District; or
b. The developer has dedicated, by conservation easement or some other instrument
acceptable to St. Lucie County and South Florida Water Management District, to St.
Lucie County, or another entity acceptable to St. Lucie County, and South Florida
Water Management District, 50.0 acres of upland habitat; or
c. The developer has accomplished a combination of the actions described in (a) and (b)
above which is acceptable to both South Florida Water Management District and St.
Lucie County.
If the developer chooses to meet all or part of this responsibility by creation of
wetland habitat, then the continued viability and maintenance of this habitat shall
be assured by deed restriction, good development and drainage plan design, and
assignment of future preservation and maintenance responsibility to any entity
approved by South Florida Water Management District prior to build-out of the
phase in which the created wetland occurs.
If the developer chooses to meet all or part of this mitigation responsibility by
dedicating upland habitat as in option (b) above, such lands shall be transferred with
restrictions that require their preservation as nature habitat area. Such lands shall
not be credited towards the requirement that the Developer preserve 25 percent of
the upland habitat on site, pursuant to Condition 15.
d. Any wetland habitat creation permitted under this condition (8) shall be completed
by the earlier to occur of January 1, 1994 or the issuance of final PUD or plat
approval for the two thousandth (2000th) residential unit in The Reserve.
The developer will provide St. Lucie County and Treasure Coast Regional Planning
Council copies of the permits or other instruments showing compliance with the
above conditions.
9. No Final Planned Development or plat approval shall be issued after January 1, 1995, until
one of the following has been completed:
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a. The developer has completed, to the reasonable satisfaction of the South Florida
Water Management District, the creation of wetland habitat as required by South
Florida Water Management District Permits (above and beyond any wetland habitat
created pursuant to the previous recommended condition), in mitigation for wetland
habitat already destroyed on this project site; or
b. The developer has dedicated, by conservation easement or some other instrument
acceptable to St. Lucie County and the South Florida Water Management District,
to St. Lucie County, or another entity acceptable to St. Lucie County and South
Florida Water Management District, additional upland habitat acceptable to South
Florida Water Management District (above and beyond any upland habitat deeded
over pursuant to the previous conditions); or
c. The developer has accomplished a combination of the actions described in (a) and (b)
above which is acceptable to both South Florida Water Management District and St
Lucie County.
d. In the event developer has been unable to complete the creation of the required
additional acreage of wetland habitat as described in (a) above on or prior to
January 1, 1995, it may post a security for its completion of performance. The form
and content of the instrument providing said security shall be subject to the
approval of St. Lucie County and shall include a sufficient amount of non-disturbed
quality upland habitat acreage, as described above, equal to the acreage of wetlands
which have not yet been created in accordance with (a) above. Such habitat posted
in accordance with this sect.ion shall be released by the acre in exchange for each
acre of wetland habitat subsequently created by the Developer in furtherance of
his satisfying the condition set forth in 9(a). This procedure shall be deemed to
satisfy the conditions required for issuance of final planned development, plat
approvals or building permits after January 1, 1995. But under no circumstances
shall planned development or plat approval be issued after January 1, 1997 without
completion of wetland habitat as described in (a) above.
e. Any wetland habitat creation permitted under this section shall be completed by the
earlier to occur of January 1, 1997 or the issuance of a final planned development or
plat approval for the two thousandth (2000th) residential unit in The Reserve.
The developer will provide St. Lucie County and Treasure Coast Regional Planning
Council copies of the permits or other instruments showing compliance with the
above conditions.
10. Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the
South Florida Water Management District prior to wetlands mitigation required by this D.O.
occurring on site. As a minimum, the Master Plan shall set forth:
a. The general criteria for construction and maintenance of wetland habitat;
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b. identify the location of all proposed mitigation relative to preserved wetland and
upland systems, the surface water management system, and development;
c. provide for a mitigation, monitoring, and maintenance program; and
d. include a justified estimate of total cost of implementing the proposed mitigation
and monitoring program.
To be approved, mitigation plans must be found to fully replace the functions and values
. provided by exempted wetlands that have been or will be eliminated.
Reasonable assurance of financial and institutional ability to carry out the commitments
included in the approved mitigation plan may be provided by anyone or combination. of the
following:
a. a surety bond in the amount equal to 125 percent of the cost estimate for
implementing the approved mitigation and monitoring plan;
b. performance guarantee to St. Lucie County and/or the City of Port St. Lucie as part
of a project construction guarantee, provided the guarantee adequately covers
costs;
c. cash bond or letter of credit from a financial institution;
d. escrow agreements which include money, land, or improvements; and,
e. performance prior to wetland loss only applies to mitigation for wetlands not yet
destroyed.
The specific form and adequacy of the guarantee shall be subject to approval by St. Lucie
County, if mitigation occurs within the County, or the City of Port St. Lucie and the TCRPC,
if mitigation occurs within the City. Financial guarantees shall not be released for any
portion of the project until work is completed, inspected, and approved in writing by the
South Florida Water Management District. The ElflI'Ii:lEH. biennial report shall include a
summary of wetland mitigation accomplished pursuant to the approved master plan.
A copy of the approved Mitigation Master Plan will be provided to Treasure Coast Regional
Planning Council.
11. Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved
or restored on the project site. Wells in the shallow aquifer shall not be located within 300
feet of any wetlands which are preserved or restored on the project site. Any exceptions to
this condition must be approved by the South Florida Water Management District on the
basis of soil or other data showing that water table elevations within preserved wetlands
would not be adversely affected.
A copy of any South Florida Water Management District permit or other consent
addressing this condition will be provided to Treasure Coast Regional Planning Council.
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12. To help assure that maintenance or implementation of predevelopment hydroperiods occurs
within the preserved and restored wetlands and within any wetland mitigation areas, final
drainage plans shall provide for routing of sufficient volumes of runoff from acceptable
sources to wetlands prior to routing of any excess runoff to lake systems. Control
elevations shall be established consistent with the intent to maintain or improve
predevelopment hydroperiods within all wetland areas. The South Florida Water
Management District must approve the routing of runoff and control elevations as shown on
the final drainage plans to achieve the intent indicated above.
Copies of the South Florida Water Management District construction permits will be
provided to Treasure Coast Regional Planning Council.
13. The developer shall preserve and maintain a buffer zone of native upland edge vegetation
around all preserved, restored, or created wetlands on site in accordance with the
requirements of the South Florida Water Management District. The buffer zone shall
include a canopy, understory, and ground cover of native upland species including saw
palmetto, wiregrass, galiberry, Lyonia, or other upland species subject to approval of the
TCRPC. The upland buffer may include slash pine and wax myrtle, but these species shall not
be used in determining the location of the boundary between the wetland and upland. The
buffer zone requirements of preserved or created wetlands for listed species shall be in
accordance with the Florida Game and Freshwater Fish Commission guidelines as contained
in the Florida Administrative Code, as of the time that the buffer zone is developed. The
requirements of the upland buffer shall include a total area of at least ten square feet per
linear foot of wetland, except where an expanded upland buffer has. been required for
protection of the Sandhill Crane as recommended by the Florida Game and Freshwater Fish
Commission (provided for under the approved management plan referenced herein, and
attached hereto and made a part thereof as an exhibit) and be located such that no less
than fifty percent of the total shoreline is buffered by a minimum width of ten feet of
upland habitat. Upland buffer shall be clearly delineated, and roped off prior to any land
clearing within 200 feet of any wetland to be preserved or restored.
14. No further land clearing or development activities shall take place on the Reserve DRI until:
a. the Florida Game and Fresh Water Fish Commission and the United States Fish and
Wildlife Service approve a management plan for protection and management of the
Red-cockaded VVoodpecker; and,
b. St. Lucie County is notified in writing that the management plan is approved. The
management plan shall provide for the permanent preservation of any colony sites
deemed necessary by the Florida Game and Freshwater Fish Commission and the
U.S. Fish and Wildlife Service. Each preserve colony site shall be no less than ten
acres in size and have boundaries no less than 200 feet from all existing cavity
trees within the preserve. The Preserved colony sites may be irregularly configured
and should include the best habitat for the Red-cockaded Woodpecker contiguous
with the colony. The Developer shall not develop the under land or understory within
the Preserve area. The plan shall also provide for sufficient foraging opportunities
within one-half mile of the colony site to meet the recommended criteria set by the
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United States Fish and Wildlife Service Red-cockaded Woodpecker Recovery Plan.
The plan must also include a monitoring program to insure that sufficient foraging
opportunities are maintained. The plan may-be updated and amended and the
preserve areas modified from time to time to accommodate then-current conditions
with the approval of the Florida Game and Freshwater Fish Commission and the U.S.
Fish and Wildlife Service. It shall be the responsibility of the Developer to
implement the approved plan.
A copy of the approved plan shall be provided to Treasure Coast Regional Planning Council.
!5; The ae':eleper has preservee a mil'limum ef (190 acres) ef I'IBti'Je uplaAe habitBt il'l
BccereaAce with the St. Lucie Ceul'lt'f's Cemprehel'lsive Plal'l fer laAa VJithil'l the jurisdictiel'l
ef the Coul'lt'f Bl'ld v:ith the City's cempreheAsive plal'l fer IBl'ld v:ithiA the jurisdictiel'l ef the
Cit'f BS depicted 01'1 the rcfereAced E><hibit C, which is te be I(ept el'l file with the St. Ll:lcie
Cel:lAty Cemmul'lit'f Develepmel'lt Directer. Nati',e uplsl'ld hBbitBt preserved al'ld pretected
b'f deed restrictiel'ls pUrSl:lBAt te wetlsl'ld buffer zeAe relluiremel'lts Bl'ld UplBl'ld hBBitat
re<fuired fer the pretectiol'l of species ef speciBI re~iel'lBI ceAcerA, il'lcludil'l~ the Red
ced<aded Vleedpecl(er celeA)' sites Bl'ld SaAehill. CrBl'le uplBl'ld Bl:lffer, ma'f Be ceul'lted
teware meetil'lg this miAiml:lm requiremel'lt. The BalBl'lce ef this preser':ee acrea~e may be
the resl:llt of micresitil'l~ ef eevelepmel'lt er selective c1earil'lg ef BreBS te Be eeveleped,
il'lcll:ldil'l~ iAei':iduBI lets whel'l ee',elsped, previded maiAteAaAce ef hBbitBt is re<fuired
threl:l~h deed restrictiel'l. /--leV/e'/er, as a mil'limum, preserve areBS shall be of apprepriBte
size, qUBlit'l" aAd Brral'lgemel'lt temaiAtail'l e><istil'l~ pepl:lIBtiel'ls ef species sf special re~iel'lBI
CeACerl'l el'l the preperty. ~Jo credit tev:Brd this 25 percel'lt may be ~ivel'l ferlal'ldset asiee
il'l cempeAsatiel'l fer wetlal'ldsdestreyed by the develepmeAt which are required te be
mitigated. NBtive l:lplal'ld habitBt is dcfiAed as areas e><hibitil'l~ I'IBtive species iA all layers ef
CBl'lepy, UAaerstory, Bl'ld ~rel:ll'le cever thBt Bre presel'lt Areas with Aati'le trees, but plBl'lted
groul'ld ce'/erde l'Iet <fl:lBlif'f BS l'Iative UplBl'lds (e.~., impre'led pasture).
Cel'lSisteAt with the BpplicBble lecal ge'.erl'lmel'lt de':elepmel'lt regulatieAs, a pertiel'l ef the
required uplaAa preservBtiel'l set Bside may Be met by the creBtiel'l ef l:lplal'ld habitBt withiA
the PGA \/iIlB~e DRI buffer area alol'lg the westerA perimeter ef the preject as depicted el'l
the PGA Village DRI master fllal'l. The buffer Brea shall ee a mil'limum sf 200' il'l width,
B'/erBge 500' aAa a mB>(imum 1,000' iA wieth. Ne ee'Ieleflmel'lt shBl1 occur withil'l this Brea.
The Bl:lffer BreB shall Be fllaAtee iA I'IBtive vegetBtiel'l iA ceAjuActieA VJith aAY ae'leleflmeAt
BdjBceAt te that area. The develeper shall prsvide evidel'lce ef BpprevBI frem FPL te plal'lt iA
aAY areB v:ithil'l the FPL right ef Vv'BY. The buffer shBII be ceAsieerea aA apprevee uplaAe
mitigBtiel'l site fer meetiAg uplaAe preservBtiel'l requiremel'lts. The miti~atieA ratie fer
refllal'ltiAg the Buffer will be 1.5 te 1. I.AY areas l:lsea withil'l thePG/\ \.'i"B~es DRI BS a
receivil'lg BreB fer Bl'I'f relecated uplcmd hBbitBt frem the Reser':e DRI shallAet be ceul'lted
BS part ef al'lY reql:lired uplal'ld hBbitBt preserve for the PGA '.'iIlB~es DRI
Exhibit "C", a copy of \vhich is to be kept on file v;ith the 81. Lucie County Community
Development Director, identifies the minimum 190 acres preserved pursuant to this
condition. The annual report shall include copies of deed restrictions assuring
preservation of native upland habitat acreage. Preservation on individual lots, if used to
meet the habitat requirement, shall be established by the developer through permanent
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deed restrictions. The annual report shall also include copies of deed or other restrictions
assuring preservation of nath'e upland habitat acreage. Portions of the requisite 190 acres
of upland preserve located in the City can be developed and offsite upland habitat
provided.
15. The developer shall preserve a minimum of (490 acres) of native upland habitat in
accordance with the St. Lucie County's Comprehensive Plan for land within the iurisdiction
of the County and with the City's comprehensive plan for land within the iurisdiction of the
City as depicted on the referenced Exhibit C (Dated May 7, 2007), which is to be kept on
file with the St. Lucie County Growth Manaaement Director. Native upland habitat
preserved and protected by deed restrictions pursuant to wetland buffer zone
reQuirements and upland habitat required for the protection of species of special regional
concern, including the Red-cockaded Woodpecker colony sites and Sandhill Crane upland
buffer, may be counted toward meeting this minimum requirement. The balance of this
preserved acreage may be the result of micro-sitina of development or selective clearing of
areas to be developed, including individual lots when developed, provided maintenance of
habitat is required through deed restriction. However, as a minimum, preserve areas shall
be of appropriate size, quality, and arrangement to maintain existing populations of species
of special reaional concern on the property. Native upland habitat is defined as areas
exhibiting native species in all layers of canopy, understory, and around cover that are
present. Areas with native trees, but planted ground cover do not qualify as native uplands
(e.a.. improved pasture).
Exhibit "c" (Dated May 7, 2007), a copy of which is to be kept on file with the St. Lucie
Growth Management Director, shall identify the minimum 490 acres preserved pursuant to
this condition. The bi-ennial report shall include copies of deed restrictions assurinq
preservation of native upland habitat acreage. Preservation on individual lots, if used to
meet the habitat requirement, shall be established by the developer through permanent
deed restrictions. The bi-ennial report shall also include copies of 'deed or other
restrictions assuring preservation of native upland habitat acreage. Portions of the
reQuisite 490 acres of upland preserve located in the City can be developed and offsite
upland habitat provided.
Notwithstandina the foregoina, Reserve Homes Ltd.. L.P. shall be deemed to be in
compliance with the above condition provided it complies with the terms contained in
Section 5 of that certain Settlement Aareement between St. Lucie County and Reserve
Homes, Ltd., L.P. dated as of January 17, 2007.
16. Prior to commencement of clearing activities on any portion of the Reserve site, the
Developer must survey for gopher tortoise burrows. Protecting in situ, or relocation into a
suitable on-site preserve is required before development of the parcel surveyed. If gopher
tortoise burrows are found, any Florida mouse, gopher frog, and Eastern Indigo snake found
shall be provided for as well. The plan for protection of these species shall be reviewed and
approved by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and
Wildlife Service. After approval of the plan, specific parcels may be cleared and developed
subject to compliance with the methods and procedures stated in the plan without further
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approval. The e:t'If"H:IEH biennial report required by Section 380.06 Florida Statutes, shall
include a summary of survey and relocation efforts prepared by a qualified biologist.
17. As a minimum, the Developer shall preserve two areas that provide potential nesting habitat
for Sandhill Cranes. One of these areas shall include wetlands 80, 81, and 83 and associated
buffers (as identified in Map H, Exhibit B dated June 17, 2008). The other shall include
portions of wetland 61, which includes 61A or 61 B) and associate buffers (as more
specifically identified on Map H, Exhibit B dated June 17, 2008). The developer shall, after
consultation with the Florida Game and Freshwater Fish Commission, provide a species and
habitat management plan by March 5, 1997, as referenced herein at DO conclusions of law
and attached hereto as Exhibit -B A. A detailed site plan delineating the areas required by
this condition shall be attached hereto and made a part of hereof. These wetlands areas
shall be depicted on Map H as preserve areas consistent with Conditions ffl.Q and 13.
Management of the non-golf course portions of the buffers and the wetlands shall be
pursuant to recommendations of the Florida Game and Fresh Water Fish Commission.
During the months of December 1, to April 30, no construction within 300 feet of any
preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill
Crane nests. In the event that active nests are found, construction shall not occur until July
or 90 days after the eggs hatch, whichever occurs first. Construction of these areas during
the months and days indicated may proceed based in coordination with the Florida Game and
Freshwater Fish Commission.
17 A. The application of pesticides, nematicides, and fungicides to the golf courses and other
areas at The Reserve shall be done only in accordance with the applicable product label
instruction, shall be applied only by, or under the supervision of, State of Florida licensed
applicators, and shall be applied pursuant to the Integrated Pest Management Plan, attached
hereto, and as it may be amended from time to time with the approval of the Florida
Department of Agriculture.
18. Prior to further development activity, the developer shall provide the Treasure Coast
Regional Planning Council with a letter assuring that access will be allowed to The Reserve
Development of Regional Impact in perpetuity for the purposes of monitoring compliance of
the project with conditions set forth.
19. In the event that it is determined that any additional representative of a plant or animal
species of special regional concern (as defined in the Treasure Coast Regional Planning
Council Assessment Report for The Reserve Development-of Regional Impact) is resident
on, or otherwise is significantly dependent upon, The Reserve Development of Regional
Impact property, the developer shall cease all activities which might negatively affect that
individual population and immediately notify both the Florida Game and Fresh Water Fish
Commission and the U.S. Fish and Wildlife Service. Proper protection, to the satisfaction of
both agencies, shall be provided by the developer.
.aG-; Concurrent with construction in any phase of the development, all Melaleuca, Brazi lian Pepper,
and Australian Pine which occur within that phase shall be removed. Removal shall be in such
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a manner that avoids seed dispersal by any of these species. There shall be no planting of
these species on site.
DRAINAGE
21. The developer shall design and construct the stormwater management system to retain the
maximum volumes of water consistent with providing flood protection. The system shall be
designed and constructed to retain or detain with filtration, as a minimum, the first one
inch of runoff or the runoff from a one-hour, three-year storm event, whichever is greater.
Required retention volumes may be accommodated in a combination of vegetated swales, dry
retention areas, lakes with vegetated littoral zones, or other suitable retention structures.
All discharges from the surface water management system shall meet the applicable water
quality standards as established by the Florida Administrative Code.
Completed construction pursuant to a valid South Florida Water Management District
construction permit for a stormwater management system shall constitute compliance with
this condition.
22. The developer shall design and construct the surface water management system such that
maintenance of normal hydroperiods within restored, preserved, and created wetlands can
be guaranteed against the negative impacts of activities within the project boundaries, and
that the functions and values provided by these habitats will be maintained. Under no
circumstances shall unfiltered runoff from impervious surfaces and parking areas be
diverted directly into wetlands on site. Final drainage plans shall be submitted to South
Florida Water Management District, St. Lucie County and the City of Port St. Lucie. At a
minimum, such plans shall depict how preserved and created wetland areas will be
incorporated into the development site plans for each individual development area or
drainage basin with appropriate supporting information to demonstrate how sufficient
quantities of surface runoff from portions of the developed areas will be conveyed to
wetland areas in order to maintain or improve their existing hydroperiod. Clearing of the
land in a development area or drainage basin shall not begin until plans are approved by the
appropriate agencies for the development area or drainage basin. Treasure Coast Regional
Planning Council will be provided copies of any construction permits issued by South Florida
Water Management District.
23. The developer shall berm and swale or otherwise design and construct the golf course
stormwater management systems to retain the first one-half inch of runoff from a one-
hour, three-year storm event, prior to discharge of excess water to wetland habitats.
24. Maintenance and management efforts required to assure the continued viability of
preserved and created wetland littoral zone and upland habitats and the proper operation of
all components of the surface water management system shall be the financial and physical
responsibility of the developer. Any entities subsequently approved by St. Lucie County or
the City of Port St. Lucie to replace the developer shall be required, at a minimum, to
assume the responsibilities outlined above.
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All golf course irrigation systems shall be designed in such a manner as to allow for a
minimum 100 foot separation from any existing or proposed potable water well, (ref FAC 17-
6.040(4)(q)). Should the waste treatment system not meet the standards of a Class I
reliability, then this minimum setback shall be 500 feet.
25. The developer shall establish a vegetated and functional littoral zone as a part of the
surface water management system of lakes. Prior to construction of the system for each
development area or drainage basin of the project, the developer shall prepare a design and
management plan for the wetland/littoral zone that will be developed as part of that
system. The plan shall:
a. include plan view and site location;
b. include typical cross sections of the surface water management system showing the
average water elevation after taking account the effects of wellfield pumping and
irrigation withdrawals on the lake system and the -3 foot contour (i.e., below
average elevation);
c. specify how vegetation is to be established within this zone, including the extent,
method, type and timing of any planting or mulching to be provided; and
d. provide a description of any management monitoring and maintenance procedures to
be followed in order to assure the continued viability and health of the littoral zone.
The littoral zone as established shall consist entirely of native vegetation and shall be
maintained permanently as part of the water management system. As a minimum, ten square
feet of vegetated littoral zone per linear foot of lake shoreline shall be established. -The
plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the
South Florida Water Management District prior to the beginning of any excavation activity.
Littoral zones shall be constructed concurrent with lake excavation and final grading.
Operational permits for the surface water management system shall not be issued until such
time as the littoral zones have been constructed and inspected.
WATER SUPPLY: POTABLE AND NONPOTABLE WATER
26. The primary source of golf course irrigation water shall be water derived from the surface
water management system of lakes supplemented by surficial aquifer wells as permitted by
SFWMD. No withdrawals from lakes shall be permitted which would adversely affect
wetlands required by the Development Order to be preserved on site, or wetlands and
littoral zones created on site as mitigation for wetland functions and values lost as a result
of this development. At the time of water use permit issuance or renewal, the developer
shall comply with applicable South Florida Water Management District rules and criteria for
permit issuance, which criteria may in the future require the use of reclaimed water.
The continued or proposed use of surficial aquifer wells to supply irrigation water to golf
courses shall occur only as permitted by South Florida Water Management District.
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27. Construction of additional golf courses beyond those already constructed shall not occur
until it can be demonstrated to the satisfaction of the South Florida Water Management
District that sufficient irrigation water can be derived on a sustainable basis from
wastewater sources and surface water management system lakes to provide for irrigation
requirements without adversely affecting wetlands required by the Development Order to
be preserved on site, or wetlands and littoral zones created on site as mitigation for
wetland functions and values lost as a result of this development.
28. All water use by The Reserve Development of Regional Impact shall be metered, whether
derived from surface water management system lakes for irrigation or from wellfields
servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be
provided to the South Florida Water Management District and Treasure Coast Regional
Planning Council as part of the EII'tI'tt::IEK biennial report to be submitted by the developer as
required by Section 380.06, Florida Statues.
29. To reduce the demand for irrigation water, a minimum of 30 percent of all landscaping
material and 50 percent of all planted trees shall be native plants adapted to the soil and
climatic conditions occurring on site.
30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields
serving The Reserve Development of Regional Impact shall be located such that principal
land uses within the cone of influence of such wells are open space, preserve, or residential
area. In no case shall development which would use, handle, store, or produce hazardous or
toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a
surficial aquifer potable water supply well, unless such use, handling, storage, or production
is consistent with binding wellfield protection regulations.
31. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless
approved by the appropriate state permitting authority.
32. Water-saving plumbing devices shall be required in all construction (both residential and
nonresidential) to reduce potable and nonpotable water demand. These devices shall include
low flush toilets and efficient faucets and shower heads to help reduce the use of potable
water for these uses.
33. Rates charged for potable water use shall be structured to encourage water conservation.
34. All residential water requirements shall be supplied by a common utility which shall provide
water service to all existing and proposed development, except Sabal Creek Phases I, II,
III and IV.
35. No final planned development or plat approval shall be issued for The Reserve Development
of Regional Impact beyond construction authorized by the Development Agreement
executed by the Department of Community Affairs, until the South Florida Water
Management District notifies St. Lucie County and the City of Port St. Lucie in writing that
the method of providing potable and non potable water needs to such further development
proposed by the developer is permitted and will not have adverse impacts to:
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a. wetlands required by the Development Order to be preserved on site or wetlands
and littoral zones created on site as mitigation for wetland functions and values lost
as a result of this development;
b. the potentiometric head of the Floridan Aquifer, if applicable; and
c. the ability of existing legal users to meet their permitted potable and nonpotable
requirements.
Parameters and methods of hydrologic investigations undertaken to demonstrate that a
sufficient source of water is available to serve further development proposed by the
developer without adversely impacting the items listed above shall be established to the
satisfaction of the South Florida Water Management District. Receipt of a valid South
Florida Water Management District consumptive use permit for a withdrawal shall
constitute compliance with this section.
36. All residential, commercial and industrial water and sewer requirements shall be supplied by
the a common utility which shall provide water and sewer service to all existing and
proposed development, except Sable Creek Phases I, II, and IV, and Reserve Plantation I,
IIA, and IIB, which contain lots which are in excess of the minimum requirements of one-
half acre and any lots proposed within Sable Creek Phase III (56 acre parcel) providing
such lots be at least one acre in size. At such time and in the event water and/or sewer lines
are made available to lots contained the subdivisions referenced herein, they shall be
required to hook up to the common utility service then provided by the utility company.
37. Any consents or other approvals required from the Treasure Coast Regional Planning Council
and/or in consultation with other governmental agencies, as a condition to further
development approvals being issued after the effective date of the development order,
shall not be subject to unreasonable delay after all submissions and other data required by
such agency (including TCRPC) from developer, has been supplied.
38. Maintenance and management efforts required to assure the continued proper operation of
all components of the central water supply system shall be the financial and physical
responsibility of The Reserve Community Development District until such time as it may be
conveyed to another entity. Any entities subsequently authorized to replace The Reserve
Community Development District shall be required, at a minimum, to assume the
responsibilities outlined above or delegate such responsibilities to another entity to the
satisfaction of the City of Port St. Lucie and St. Lucie County.
Appropriate plans, specifications and applications for the water plant expansion shall be
submitted to the Department of Environmental Protection (DEP) upon the existing water
treatment facility reaching a finishing water maximum day demand equal to 80'10 of the
DEP's rated plant capacity. Construction of the expansion shall begin before or when the
facility achieves a maximum day finished water production equal to 90'10 of DEP's approved
rated plant capacity.
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39. The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised
November 1988, as contained in The Reserve Development of Regional Impact Application
for Development Approval, shall be capped and abandoned in accordance with South Florida
Water Management District criteria prior to commencement of development outside the
area authorized for development in the Development Agreement. The obligated well
referenced on Map F as described above shall be capped and abandoned in accordance with
South Florida Water Management District criteria within 30 days of resolving such
obligation for off-site use.
W ASTEW ATER
40. Development shall only occur concurrently with the provIsion of adequate central
wastewater treatment services. Prior to application for building permits for any part of The
Reserve Development of Regional Impact at the beginning of each phase, the developer shall
demonstrate that adequate treatment facilities will exist on schedule to handle all
wastewater generated from both completed and planned development. Evidence of adequate
treatment and disposal capability shall be subject to approval by St. Lucie County and the
City of Port St. Lucie in consultation with the Department of Environmental Protection.
The central wastewater treatment system shall be expanded based on the following flow
capacities (actual 3 peak month average daily):
a. When flows reach 60'Yo of permitted capacity, a consultant will have been chosen.
b. When flows reach 70'Yo capacity, appropriate plans, specifications and application for
wastewater plant expansion shall be submitted to the Department of Environmental
Regulation.
c. When flows reach 75'Yo capacity, construction shall begin and be completed and
certified prior to flows reaching 95'Yo of permitted capacity.
41. The existing and proposed wastewater treatment and disposal system shall be constructed
or modified to produce irrigation quality water so that spray irrigation of such water will be
the primary wastewater disposal method. Excess wastewater may be disposed of through
percolation ponds, as permitted.
~ Maintenance and management efforts required to assure the continued proper operation of all
components of the central wastewater treatment system shall be the financial and physical
responsibility of The Reserve Community Development District until such time as conveyed
to another entity. Any entities subsequently authorized to replace The Reserve Community
Development District shall be required, at a minimum, to assume the responsibilities outlined
above or delegate such responsibilities to another entity to the satisfaction of St. Lucie
County and the City of Port St. Lucie.
HAZARDOUS MATERIALS AND WASTE
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43. Within three months of the effective date of the Development Order (the earlier of two
dates if separate Development Orders are issued by St. Lucie County and the City of Port
St. Lucie), the developer shall submit a hazardous materials management plan for review
and approval by the City of Port St. Lucie, and St. Lucie County in consultation with the
South Florida Water Management District and the Department of Environmental Protection.
If said approval is not obtained within six months of the effective date of the Development
Order, no further final planned development approvals or plats shall be issued for any part
of the project until approval is obtained. The plan shall:
a. require disclosure by all owners or tenants of non- residential property of all
hazardous materials proposed to be stored, used, or generated on the premises;
b. require inspection of all business premises storing, using, or generating hazardous
materials prior to the commencement of operation, and periodically thereafter to
assure that adequate facilities and procedures are in place to properly manage
hazardous materials projected to occur;
c. provide minimum standards and procedures for storage, prevention of spills,
containment of spills, and transfer and disposal of such materials;
d. provide for proper maintenance, operation, and monitoring of hazardous materials
management systems including spill and hazardous materials containment systems;
e. detail actions and procedures to be followed in case of spills or other accidents
involving hazardous materials; and
f. guarantee financial and physical responsibility for spill cleanup.
MONITORING AND COMPLIANCE
4+ In addition to all information required by Chapter 380, Florida Statutes; by Chapter 9J -2,
Florida Administrative Code; by St. Lucie County; and by the City of Port St. Lucie for
inclusion in an EtI'tI"ItIEH biennial report to be prepared and submitted by the developer for The
Reserve, a Development of Regional Impact, the following information must be included:
a. current, good quality aerial photo showing native upland habitat preserved pursuant
to the Development Order, acreage of the preserved areas, and copies of deed
restrictions assuring preservation of native upland habitat acreage;
b. summary of Gopher tortoise surveys and relocation efforts as required by the
Development Order; and
c. water use data (amounts from all sources) per Development Order condition
requiring metered water use sources.
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EDUCATION
45. From the date of enactment of this resolution, until January 1, 1989, any residential
development permitted within The Reserve, shall be subject to the voluntary school
assessment incorporated as a part of that unit's development approval. Effective January 1,
1989, all residential development within this project shall be subject to the terms and
requirements of St. Lucie County Ordinance 88-16, School Impact Fees, and as may
subsequently be amended.
RECREATION AND OPEN SPACE
4&: The developer shall reserve a minimum of eight acres of land in four parcels no less than two
acres each in size to be deeded free and clear of all liens and encumbrances to homeowners'
associations within The Reserve Development of Regional Impact for the establishment of
recreational facilities geared to the needs of children living within the development.
Parcels shall be reserved in an arrangement that will most conveniently serve the most
residents based on proximity of residential areas. Prior to the delivery of any recreational
parcel to an appropriate homeowner's association, the developer shall establish a fund of not
less than $20,000 for construction of, or construct appropriate, recreational facilities on
parcels to be turned over to the appropriate homeowners' association
POLICE AND PUBLIC SAFETY
47. Prior to the issuance of any building permits, in any portion of this project in the
unincorporated areas of St. Lucie County, the following assessment shall be paid for the
purpose of police/public safety:
Residential:
Single Family
Multi-Family
$ 111 per unit
$ 99 per unit
Office:
Medical Office
Financial Office
Other Office
$231 per 1000 sf
$506 per 1000 sf
$127 per 1000 sf
Retail:
0- 49,999.9 sf
50,000 - 99,999.9 sf
100,000 - 199,999.9 sf
$250 per 1000 sf
$298 per 1000 sf
$299 per 1000 sf
Hotel/ Motel
$111 per unit
Upon the enactment of a formal public safety (police) impact fee ordinance by the St. Lucie
County Board of County Commissioners, the terms and conditions of that ordinance shall
apply to those portions of this project, described in Section B of this resolution.
FIRE PROTECTION
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48. The developer shall reserve one parcel, a minimum size of two acres and configured to meet
the needs of the St. Lucie County/Ft. Pierce Fire District, within the Reserve Commerce
Park. This site shall be conveyed to the Fire District in a manner and time acceptable to the
Fire District, if so required.
Prior to the issuance of any building permits for any residential unit within The Reserve,
including any hotel/motel unit, the developer shall pay to the St. Lucie County/Ft. Pierce
Fire District the sum of $225 per unit to meet the fire protection needs of this
development.
Upon the enactment of a formal public safety (fire) impact fee ordinance by the St. Lucie
County Board of County Commissioners, the terms and conditions of that ordinance shall
apply to those portions of this project, described in Section B of this resolution.
ENERGY
49. In the final site and building design plans, the developer shall:
a. incorporate those energy conservation measures identified on pages 25D.1 and
25D.2 of The Reserve Development of Regional Impact Application for Development
Approval;
b. comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida
Statutes; and,
c. to the maximum extent feasible, incorporate measures identified in the Treasure
Coast Regional Planning Council's Regional Energy Plan dated May, 1979, and the
Treasure Coast Regional Planning Council's Regional Comprehensive Policy Plan.
As a minimum, the developer shall demonstrate that incorporation of energy conservation
measures already committed to and those measures to be incorporated by the requirement
of Condition 51 below has reduced projected energy demand by 20 percent below that
demand which would have occurred without incorporation of the meaSures.
50. The developer shall incorporate each of the 17 energy saving methods outlined in the
ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment
Report for The Reserve Development of Regional Impact unless it can be demonstrated to
the satisfaction of the Treasure Coast Regional Planning Council that individually each
method is not cost effective.
TRANSPORTATION
51. In the event the Developer decides to increase the amount of permitted uses within the
Proposed Development, the Developer shall include in an application for PUD zoning for the
PUD pod within which such change is contemplated, an analysis showing the proposed change
and how it conforms to the conversion methodologies set forth below. In addition, the DRI
AAAl:lBI biennial Report shall include information indicating the cumulative number of single-
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family dwelling units, condominium/townhouse dwelling units, timeshare units, hotel units,
office square footage, industrial square footage, and retail square footage that have been
approved by the City and the County as of the date of the 1'. I'ml:lEl I biennial Report, but in no
event shall more than 50,000 square feet of general light industrial square footage, 25,000
square feet of office square footage or 25, 000 square feet of shopping center square
footage be converted to another use.
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The following conversion matrix shall be used to allow land use conversions within the
Proposed Development:
To Get
Land Trade General Single Condo/ Shopping
Timeshare
Use Off Light Family Townhouse Hotel Office Center
Industrial
General Light 1,000 SF -- 1.40 du 2.42 du 1.70 rms 2.57 units 579 sf 253 sf
Industrial
Single-Family 1 DU 715 Sf -- 1.73 du 1.21 rms 1.83 units 414 sf 181 sf
Condo/Townhouse 1 DU 413 Sf 0.58 du -- 0.70 rms 1.06 units 239 sf 104 sf
Hotel lRM 590 Sf 0.82 du 1.43 du -- 1.51 units 341 sf 149 sf
Timeshare 1 Unit 390 Sf 0.55 du 0.94 du 0.66 rms -- 226 sf 99 sf
Office 1,000 SF 1727 Sf 2.42 du 4.19 du 2.93 rms 4.43 units -- 437 sf
Shopping Center 1,000 SF 3953 Sf 5.53 du 9.58 du 6.71 rms 10.14 units 2289 sf --
52. Contracts shall be let within 18 months of the effective date this amended development
order (April 20, 2004) to construct the following listed improvements (i and ii):
i) Signalization at St. Lucie West Boulevard and I-95 West Ramps intersection; and,
ii) Extend the southbound right-turn lane, including the deceleration distance; to a
location 600 feet back from the STOP bar for the southbound left-turn lane.
This improvement is complete.
53. No building permits shall be issued for development that cumulatively generates more than
the total PM peak-hour threshold trips or date threshold, whichever comes later, as
indicated in Table 1, listed after Condition Number 6G61. until one of the listed alternative
actions has occurred for each of the indicated improvements.
54. As a minimum, the Developer shall pay a fair share contribution consistent with the road
impact fee ordinance of St. Lucie County.
55. Beginning two years after the approval date of this Development Order (April 20, 2004) a
PM peak-hour trip generation summary of approved development shall be provided to the
County of St. Lucie on a semi sl'Il'Il:lslBi-ennial basis.
56. Commencing tAon December 20,-aGQ4 2008 and continuing every two year~ thereafter, the
developer shall submit at'I-Cl Bi-ennial 1'.l'Il'IuBI Status Report indicating the status (schedule)
of guaranteed improvements. This Bi-,I\,l'Il'Iual ennial Status Report shall be submitted to the
City of Port St. Lucie, St. Lucie County, FDOT, TCRPC and the DCA as part of the
Development of Regional Impact Al'll'lual biennial Report.
The Bi-J.I'II'II:lBI ennial Status Report shall list all roadway improvements needed to be
constructed, the guaranteed date of completion for the construction of each needed
improvement, the party responsible for the guaranteed construction of each improvement,
and the form of the binding commitment that guarantees construction of each improvement.
Additionally, this report shall include the most recently provided trip generation summary
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as required under Condition 55 and any land use trade-off conversions that have occurred
pursuant to Condition ~2.Lof this Development Order since the execution of the
Development Order.
57. No building permits shall be issued for development that cumulatively generates more than
3153 total PM peak-hour trips or after December 31, 2005, whichever occurs later, until
the indicated improvement has been included within the first #Ye-three years of the
adopted Capital Improvements Program for either St. Lucie County or the City of Port St.
Lucie, or until the indicated improvement has been included within the first three years of
the Florida Department of Transportation's Adopted Work Program, or until contracts have
been funded and let by for improvements to obtain the following roadway configuration
listed below including the appropriate lane geometry at the intersections, signalization,
lighting and associated improvements (i)
i.) Six-lane St. Lucie West Boulevard from Village Parkway/Commerce Center Drive
to Peacock Boulevard. This improvement includes the construction of a six-lane
bridge over I-95.
ii.) St. Lucie West Boulevard at I-95 Southbound Ramps
Eastbound Reserve Blvd
Three through lanes
One right-turn lane
Westbound St. Lucie West Blvd
+RPee Two through lanes
Southbound I-95 Southbound Off-Ramp
Two left-turn lanes
+we-One right-turn lanes
iii.) St. Lucie West Boulevard at I-95 Northbound Ramps
Eastbound St. Lucie West Blvd
Two left-turn lanes
Three through lanes
Westbound St. Lucie West Blvd
Three through lanes
One right-turn lane
Northbound I-95 Northbound Off-Ramp
+we-One left-turn lanes
fffle- Two right-turn lane~
iv.) 2nd receiving lane for the I-95 Northbound On Ramp to accommodate dual
eastbound left turns at the I-95 east ramps intersection.
The Developer may provide for the construction of this improvement through a jointly
funded undertaking among private and/or public entities and such construction and funding
shall satisfy this condition provided it is the subject of a binding executed developer's
agreement or contract. The developer shall be entitled to receive fair share traffic impact
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fee credits for all design and construction costs of this improvement in an amount
consistent with any local roads impact fee ordinances or regulations.
58. No building permits shall be issued for development that cumulatively generates more than
3153 total PM peak-hour trips or December 31, 2005, whichever occurs later, until an
operational analysis of the Village Parkway/St. Lucie West Boulevard roundabout is
conducted. This analysis shall be completed on a bi-ennialal'll'luBII'f basis and submitted to
the City of Port St. Lucie and St. Lucie County with the EtAf'tI::IEHBi-ennial report. The
operational analysis shall include monitoring of current safety and operational conditions and
shall project operation conditions for a three-year period. The methodology of such an
analysis shall be reviewed and approved by the City of Port St. Lucie and St. Lucie County.
In the event that the overall operating conditions of the roundabout are projected to be
below level of service "D" or safety deficiencies are identified, operational or geometric
improvements shall be implemented to provide level of service "D" or better. The
roundabout/intersection shall be improved as necessary up to and including the intersection
geometry identified in (i) below which replaces the roundabout with a standard intersection.
Building permits shall not be issued 24 months after a need for an improvement has been
identified by the operational study or projected until contracts have been funded and let by
the Developer for the identified improvements. Such improvements may include additional
turn lanes, warranted signalization, pavement markings, signage, lighting, and associated
improvements (i):
+1 Village Parkway and St. Lucie West Boulevard/Reserve Boulevard
Northbound Village Parkway
One left-turn lane
Two through lanes
+we-One right turn lanes
Eastbound Reserve Boulevard
+we-One left-turn lanes
Two through lanes
One right-turn lane
Southbound Village Parkway
Two left-turn lanes
Two through lanes
One right-turn lane
Westbound St. Lucie West Blvd
Two left-turn lanes
Two through lanes
One right-turn lane
59. The Developer shall conduct a signal warrant analysis at the following intersections
beginning January 2008. The signal warrant analysis shall be continued on BI'I BI'II'Il:lBla bi-
ennial basis until all signals are warranted.
a-: Glades Cut-off Road and Village Parkway,
&: Glades Cut-off Road and Reserve Boulevard.
The analyses shall be performed during the peak season and presented and approved by the
City of Port St. Lucie and/or St. Lucie County, as applicable. The analysis may be limited to
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providing traffic volume counts only when agreed to by either the City of Port St. Lucie
and/or St. Lucie County, as applicable. The signal warrant analysis shall proiect warrants
for a one year period.
Additional certificates of occupancy shall not be issued nine months after the analysis
showing a traffic signal is warranted until either (i or ii):
i) Contracts have been funded and let by the Developer for the installation of the
traffic signal and applicable intersection improvements including appropriate lane
geometry, signalization, pavement markings, signage, lighting and associated
improvements; or,
ii) Within sixty (60) days after a signal is warranted, a letter of credit equivalent to
120io of the design and construction costs of the applicable signal and intersection
improvements shall be posted assuring that the applicable signal will be installed
within 12 months after the signal is warranted.
Durina the site plan approval process, a traffic study shall be submitted to St. Lucie County
or the City of Port St. Lucie, as appropriate, to determine lane geometry for
internal roadways and their intersections with collector or arterial streets.
60. Previous Condition 60 of R-04-081 is hereby deleted.
REASON: Improvements under construction:
60. ~Je buildil'l!!J permits shall Be issued far develepmel'lt thBt cumulBti'/ely !!Jel'lerBtes mere thal'l
the <1500 tetal PM peBI( haul" trips ar Bfter DecemBer 31, 2009, vJhichever eccurs IBter,
ul'ltil el'le ef the listea Blterl'lstive sctic3I'IS has eccurred fer el'le ef the fellewil'lg il'laicBted
imprevemel'lt !!Jraups (1, 2 ar 3).
B_Si)( IBl'le PrimB VistB Baulevsra fram Bayshare Baulevard te U.S. 1; al'ld e)(tel'ld the
dual westbeul'ld left tl:lrl'l IBl'les Bl'la the l'larthBeul'la left tl:lrl'l ISl'le at Prima Vista
Beulevara/Cashmere Beule'lard te 500 feet, il'lcluail'l!!J tBper; Bl'ld pra'/ide BpprapriBte
il'ltersectiel'l impre';emel'lts Bt Ba'fshere Drive al'ld U.S. 1; er
~
a.) Feu!" lal'lo West Vir!!Jil'liB fram Cashmere Baule'lard ta BCYt'share
Bal:llevard; Bl'ld,
This is complete as a six-lane road.
b.) Eight IBl'le U.S. 1 frem WBltel'l ReBd te PrimB VistB Beule'.'ard; Bl'ld,
c.) Cel'lvert the eastBel:ll'ld left turl'l lal'lc at PrimB '.'ists Bel:lle'.'Brd/ Airasa
BauleVBrd Bl'ld the vlestbaul'ld left turl'l IBl'le immediBtely v;est af the eastbeul'ld left
turl'l IBI'lC te,s tVle wsy cel'ltil'lueus left tl:lrl'l ISl'le; Sl'ld,
d.) Extcl'ld the cBstbeul'ld right turl'l IGl'le te 500 fcet, il'lcludil'l!!J taper, at Prima
'1istB Beule'/Grd/Airese BeulevBrd; Bl'ld,
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e.) DlJBI AerthbeuAa al'la southbeul'ld left turl'l ISAes Bt PrimB YiStB
Beule'lElra/Flerests Beule'w'ard; Bl'ld,
f.) E>(teAd the oostbeuAd ri~ht turl'l lal'le te 100 feet, il'lc:ludiAg tBper, al'la the
VlesteelJl'ld right turA IBl'le te 510 feet, iAcludil'lg taper, at Prima VistB
Baule'JElrd/Flaresta Baule'w'ard; Bl'ld,
g.) OAe soutlcleeL.II'Ia left /thrauglcl/right ISAe (restripil'lg) Bl'la el'le sautlclbaul'le
right turl'l IBAe at Prima VistB Beule'lBra/Rio MBr Drive; ar
h.) IA the evel'lt 'I/cst Virgil'lia is l'Iat cel'ltil'luaus eetwecl'l CBshmcre Beule'lBra
aAd VillBge PBrl<VJsy, the fellevv'il'lg imprevemeAts shBII be made Bt tlclc il'ltersectial'l af
St. Lucie West Beulevare sAa CBslclmere BeulevBrd: Lucie 'Nest Beulevara al'ld
Caslclmcre Beulevara:
West Virginia (Crosstown Parkway) is under construction as a six-lane
road with an interchange at I-95.
1) E>(tel'ld westeeuAd left turl'l IBl'les te 375 feet; Sl'Ia,
2) E>(tel'le l'Ierthbeul'le left turA lal'le te 150 feet; aAd,
L) Extel'le eBsteeuAa left turl'l IBl'le te 525 feet at St. Lucie West
Beulevara/BB'fshere Beulevard; er
~_B.
Four IBl'le West Virgil'liB frem CBshmere Beulevard te U.S. 1; aAa
West Virginia (Crosstown Parkway) is under construction as a six-lane
road Cashmere Boulevard to Floresta Drive.
b. II'I the evel'lt 'Nest Virgil'lia is l'Iet cel'ltil'lueus bctweeA Cashmere BeulevBra
al'ld Village PBrI<Vv'S'i, the fellevv'il'lg imprevemel'lts shall be msde Bt tlcle il'ltersectieA ef
St. Lucie West Boulevard al'ld CBslclmere Beule'w'ard:
West Virginia (Crosstown Parkway) is under construction as a six-lane
road with an interchange at I-95.
1) E>(tel'ld Vlcsteeul'le left turl'l lal'les to 375 feet; al'la,
2) E>(teAd l'Ierthbeul'ld left turl'l lal'le te 150 feet; BAd,
c. E>(tel'le eastbeul'la left turA lal'le te 525 feet at St. Lucie West
Boule'IBra/Ba'fslclere BeuleVBre
d. E>(tel'le lIv'estbelJl'le ri~ht turl'l lal'le to 175 fect at Prima 'liStB
Bsulevard/FlsrestB Drive
c. E>(teAa tlcle fellewiAg lal'les at US lIPrima Vista Bsulevara:
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1) Nertheeul'ld left turl'l lal'le te 725 feet; Bl'ld,
2) Seutheeul'ld right turl'l IBl'le te 750 feet
Alterl'lati';e Aetiel'ls:
A.) Cel'ltrBds hBve beel'llet te cel'lstruct the il'ldicBted imprevel'Rel'lts; er,
B.) The il'ldicated il'Rprevel'Rel'lt hBS beel'l ii'lcluded VJithil'l the first five yeBrs ef the
Bdepted Capital Il'Rprevel'Rel'lts Pregral'R fer St. Lucie Cel:ll'lty er the City ef Pert St.
Lucie, er the first three '/ears ef FDOT's adepted II/erlc: PregrBI'R; er,
C.) AI'I BI'IBl'lSis hBS beel'l cel'lducted thBt del'Rel'lstrBtes the il'ldicBted il'Rprevel'Rel'lt(s) Bre
l'Iet l'Ieeded. The al'lalysis shall alse idel'ltify the l'Iew il'Rprevel'Rel'lt(s) al'ld l'Iew trip
al'ld date threshelds v.-hel'l such il'Rprovcl'Rcl'lt(s) will Be l'Ieeded. The I'Rcthedelegy fer
such (1I'Ialysis al'ld the study results shall be provided te the Troosure Ceast Regiel'lBI
PIBi'lI'Iil'lg Ceul'lcil (TCRPC) Bl'ld the FDOT fer review Bl'ld shall be appreved b'l the
Departl'Rel'lt ef Cel'Rl'Rul'lity AffBirs (DCA). Prier te the redefil'led thresheld aeil'lg
reached, the il'Rprevel'Rei'lt shall Be let fer cel'lstrl:lctiel'l er shBII be pregral'Rmed fer
cel'lstruetiel'l withil'l the first three yoors ef the CBpital Il'Rprevel'Rel'lts Pregral'R fer
the City ef Pert St. Lucie er St. Lucie CeuAt'1 or FDOT's adepted Werlc: PregrBI'R; er,
D.) J,I'I BpplicBble lower level ef service has Beel'l adepted BY the mBil'ltBil'lil'lg Bgel'lcy cmd
al'l al'lalysis has Beel'l cel'lducted that del'Rel'lstrBtes the il'ldicBted improvel'Rel'lt(s) arc
l'Iet l'Ieeded. The BI'IBlysis shBII Blse idel'ltify the l'Iew il'Rprevel'Rel'lt(s) al'ld' l'Iew trip
al'ld date threshelds v.-hel'l such il'Rpre'/el'Rei'lt(s) f.-ill be l'Ieeded. The l'Rethedeleg'l fer
such al'lal'lsis al'ld the study results shBII Be pre'jided te the TreBsure Ceast Regiel'lal
PIBl'll'lil'lg Ceul'lcil(TCRPC) Gl'ld the FDOT fer review Bi'ld shBII ae Gppreved b't the
Departl'Rel'lt ef Ce I'RI'RUI'I it 'I l'.ffBirs (DCA). Prier te the redefil'led thresheld aeil'lg
rCBched, the il'Rprevel'Rel'lt shall Be let fer cel'lstrudiel'l er shBII be pregral'Rl'Red fer
cOl'lstructiel'l v.-ithil'l the first five years ef the CGpitBI Il'Rprevel'Rel'lts Pregral'R fer
the City ef Pert St. Lucie er St. Lucie Ceul'lty er first three yoors ef FDOT's
adepted II/erlc: PregrGI'R: er,
E.) The City ef Pert St. Lucie Bl'ld/er St. Lucie Ceul'lty hBS Bdepted B lel'lg terl'R
cel'lcurrcl'IC't l'Rai'lagel'Rel'lt systel'R (CMS) Bl'ld il'lcludes the il'ldicated imprevel'Rel'lt(s) il'l
the lel'lg terl'R CMS; or,
F.) A lecBI geverl'll'Rel'lt develepl'Rel'lt agreel'Rel'lt cel'lsistel'lt with sectiel'ls 2€l3.3220
threugh 2€l3.3213, F.S. hBS aeel'l e~(ecuted al'ld attBched BS BI'I e~(hibit te the
Develepl'Rel'lt Order.
61. No buildina permits shall be issued for development that cumulatively generates more than
the 3,867 total PM peak-hour trips or after December 31, 2010, whichever occurs later,
until one of the listed alternative actions has occurred for one of the followina indicated
improvement aroups (1, 2 or 3) at the intersection of Midway Road and Selvitz Road.
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0.) Add a second eastbound and a second westbound throuah lane; or
0.) Add eastbound and westbound right-turn lanes; or
0.)
a.
b.
Add northbound and southbound left-turn lanes; and
Add a southbound right-turn lane; or
Add an eastbound riaht-turn lane.
c.
Alternative Actions:
A.) Contracts have been let to construct the indicated improvements; or,
B.) The indicated improvement has been included within the first three years of the
adopted Capital Improvements Program for St. Lucie County or the City of Port St.
Lucie, or the first three years of FDOT's adopted Work Program; or,
C.) An analysis has been conducted that demonstrates the indicated improvement(s) are
not needed. The analysis shall also identify the new improvement(s) and new trip
and date thresholds when such improvement(s) will be needed. The methodology for
such analysis and the study results shall be provided to the Treasure Coast Regional
Planning Council (TCRPC) and the FDOT for review and shall be approved by the
Department of Community Affairs (DCA). Prior to the redefined threshold beina
reached, the improvement shall be let for construction or shall be proarammed for
construction within the first three years of the Capital Improvements Proaram for
the City of Port St. Lucie or St. Lucie County or FDOT's adopted Work Program; or,
D') An applicable lower level of service has been adopted by the maintaining agency and
an analysis has been conducted that demonstrates the indicated improvement(s) are
not needed. The analysis shall also identify the new improvement(s) and new trip
and date thresholds when such improvement(s) will be needed. The methodology for
such analysis and the study results shall be provided to the Treasure Coast Regional
Plannin9 Council (TCRPC) and the FDOT for review and shall be approved by the
Department of Community Affairs (DCA). Prior to the redefined threshold being
reached. the improvement shall be let for construction or shall be programmed for
construction within the first five years of the Capital Improvements Proaram for
the City of Port St. Lucie or St. Lucie County or first three years of FDOT's
adopted Work Proaram; or,
E.) The City of Port St. Lucie and/or St. Lucie County has adopted a lona-term
concurrency management system (CMS) and includes the indicated improvement(s) in
the long-term CMS; or,
E.) f.) A local government development agreement consistent with sections
.a163.3220 throuah .a163.3243, F.S. has
been executed and attached as an exhibit to the Development Order.
Resolution No: 08-091
Double Underline is for additions
Stril<e Thrl:l is for deletions
Al:Igl:Ist 19September 16, 2008
Page 32
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BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as
follows:
B. The legal description for the property under this amended Development of Regional Impact
Application for Development Approval, is as follows:
This Description Does Not Depict Lines of Ownership
A Parcel of Land Lying in Sections 14,15,16,21,22,23,26,27,28,34 And 35, Township 36
South, Range 39 East, St. Lucie County, Florida, more particularly described as follows:
Begin at the Southwest Corner of Said Section 15; Thence South 89023'26" East, along
the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection
with the Westerly Line of a Parcel of Land Described in Official Records Book 514, Pages
237-239, Public Records of St. Lucie County, Florida; Thence North 44046'07" East, along
the Westerly Line of Said Parcel of Land, a Distance of 1393.92 Feet to the Point of
Intersection with the Westerly Line of the Plat of G. O. Team Industrial Park - Unit One,
as Recorded in Plat Book 23, Page 31, Public Records of St. Lucie County, Florida; Thence
Northeasterly along the Westerly Line of Said Plat of G. O. Team Industrial Park Unit One
the Following Courses and Distances:
North 45013' 33" West, 660.03 Feet to the Point of Intersection with the Easterly Right-
of-way Line of the Florida East Coast Railway; Thence North 44045'58" East along Said
Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 45013' 53" East,
510.04 Feet; Thence South 63039'59" East, 158.11 Feet to the Point of Intersection with
the Easterly Line of a Florida Power and Light Easement as Recorded in Deed Book 198,
Page 1040, Public Records of St. Lucie County, Florida.
Thence South 44045'58" West, along Said Westerly Line of Said Plat of G. 0, Team
Industrial Park - Unit One and its Northerly Prolongation and the Easterly Line of Said
Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South 89029'01"
East, a Distance of 574.47 Feet to the Point of Intersection with the East Line of Said
Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four, as
Recorded in Plat Book 16, Page 23, Public Records of St. Lucie County, Florida; Thence
South 89029'01" East, along the Northerly Line of Said Plat of Port St. Lucie Section
Forty Four, a Distance of 112.97 Feet to the Westerly Line of a Florida Power and Light
Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie
County, Florida; Thence South 00021'26' West, along the Westerly Line of Said Florida
Power and Light Easement, a Distance of 3975.26 Feet to the Point of Intersection with
the North Line of Said Section 23; Thence North 89023' 16" East, along Said North Line of
Section 23, a Distance of 33.09 Feet to the Point of Intersection with the Westerly Line
of a Florida Power and Light Easement, Recorded in Official Records Book 97, Page 504,
Public Records of St. Lucie County, Florida; Thence South 00000' 15" West, along the
Westerly Line of Said Florida Power and Light Easement, a Distance of 5305.53 Feet to
the Point of Intersection with the North Line of Said section 26; Thence South 00000'02"
East along the Westerly Line of a Florida Power and Light Easement Recorded in Official
Records Book 120, Page 199, Public Records of St. Lucie County, Florida, a Distance of
2,898.15 to the Point of Intersection with the Proposed Westerly Right-of-way Line of the
Proposed I-95 Interchange; Thence Southerly along Said Proposed Right-of-way the
Following Courses and Distances;
I Resolution No: 08-091
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Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a Radial Line
Bears South 4r50' 57" East with a Radius of 600.50 Feet; Thence Southwesterly along
the Arc of Said Curve, a Distance of 176.71 Feet, Through a Central Angle of 160 15'37";
Thence South 59000'40" West, 462.08 Feet to a Point of Curvature of a Curve Concave to
the Southeast, Having a Radius of 621.42 Feet; Thence Southwesterly along the Arc of
Said Curve, a Distance of 416.77 Feet Through a Central Angle of 38025'38"; Thence
South 20035'02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the
Northwest, Having a Radius of 131.00 Feet, Thence Southwesterly along the Arc of Said
Curve 149.35 Feet, Through a Central Angle of 650 19'11"; Thence South 85054'13 "West,
388.39 Feet; Thence South 05058'06" East, 64.11 Feet; Thence South 89054'13" West,
300,01 Feet; Thence South 00005'47" East, 140.00 South 05046'23" West, 64.11 Feet;
Thence South 86005'47" East, 960.95 Feet to a Point of Curvature of a Curve Concave to
the Southwest Having a Radius of 600.50 Feet; Thence Southeasterly along the Arc of
said Curve a Distance of 626.00 Feet Through a Central Angle of 59043'45", to a Point of
Compound Curvature of a Curve Concave to the Southwest, Having a Radius of 1295.00
Feet; Thence Southeasterly along the Arc of Said Curve, a Distance of 60.04 Feet
Through a Central Angle of 02039'23" to the Point of Intersection with the Westerly Line
of a Florida Power and Light Easement Recorded in Official Records Book 97, Page 504,
Public Records of St. Lucie County, Florida; Thence South 00000'02" East, along the
Westerly Line of Said Florida Power and, Light Easement, a Distance of 411.27 Feet;
Thence along the westerly Line of a Florida Power and Light Easement Recorded in Official
Record Book 468, Page 2897, the Following Courses and Distances:
Thence South 00035'29" East, 1849.11 Feet; Thence South 06037'22" West, 631.95 Feet;
Thence South 12026'07" West, 640.99 Feet; Thence South 19028'36" West, 683.65 Feet;
Thence South 79027'56" West, 55.51 Feet; Thence South 10032'03" East, 50.00 Feet;
Thence North 79027' 56" East, 55.39 Feet; Thence South 40032'32" East, 146.64 Feet;
Thence South 23034'44" West, a Distance of 422.42 Feet; Thence South 89052'17" West,
1527.70 Feet; Thence North 40043'16" West, a Distance of 1216.31 Feet; Thence North
40004'45" West, a Distance of 95.12 Feet; Thence North 44007'10" West, a Distance of
365.54 Feet; Thence North 44039'44" West, a Distance of 213.66 Feet; Thence North
48038'45" West, a Distance of 475.89 Feet; Thence South 61051'31" West, a Distance of
188.61 Feet; Thence North 66042'00" West, a Distance of 79.81 Feet; Thence North
43042'56" West, a Distance of 2428.68 Feet; Thence North 44056'04" West, a Distance of
1054.01 Feet; Thence North 44047'33" West, a Distance of 636.86 Feet to a Point of
Intersection with the Easterly prolongation of the Southerly Line of the Plat of Sabal
Creek Phase IV, recorded in Plat Book 34, Pages 17 and 17A, Public Records of Said St.
Lucie County; Thence North 43008'40" West along Said Easterly prolongation and Said
Southerly Line, a Distance of 1026.67 Feet; Thence North 43034'56" West along Said
Southerly Line and the Southerly Line of the Plat of Sabal Creek Phase II, recorded in Plat
Book 24, Pages 1, 1A thru 1C, Public Records of Said St. Lucie County and the Westerly
prolongation of Said Southerly Line, a Distance of 5393.03 Feet to the Point of
Intersection with the Easterly Right-of-way Line of the Florida East Coast Railway;
Thence North 44045'38" East, along the Easterly Right-of-way Line of the Florida East
Coast Railway, a Distance of 8,141.46 Feet to the Point of Intersection With The West
Line of Said Section 15; Thence South 00036'34" West, along the West Line of Said
Section 15, a Distance of 110.12 Feet to the Point of Intersection with the South Line of
Said Section 15 and the Point of Beginning."
Containing 2,680 Acres More or Less.
I Resolution No: 08-091
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Al:Igl:Ist 19September 16, 2008
Page 38
C. Any modifications or deviations from the approved plans or requirements of this
Development Order shall be submitted to the St. Lucie County Community Development
Growth Management Director and the Port St. Lucie City Planner, as appropriate, for a
determination by the Board of County Commissioners of St. Lucie County/City Council of the
City of Port St. Lucie, 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/City Council of the City of Port St. Lucie, as appropriate, shall make its
determination of substantial deviation at a public hearing after notice to the developer.
D. St. Lucie County/the City of Port St. Lucie shall monitor the development of the project to
ensure compliance with this Development Order. The St. Lucie County Community
Development Growth Manaaement Director and/or the City of Port St. Lucie City Planner, as
appropriate, shall be the local official assigned the responsibility for monitoring the
development and enforcing the terms of the Development Order. The Community
Development Growth Management Director/City Planner may require periodic reports of the
developer with regard to any item set forth in this Development Order.
E. The developer shall make BI'I BI'II'IUBI a bi-6f'Ii'tI:IEHennial report as required by Section
380.06(18), Florida Statutes. The 6f'Ii'tI:IEH biennial report shall be submitted eeeA- beainning
in on December 20, 2008 and then every other year on the anniversary date of the
adoption, of Resolution 89-73, or the earlier date if two separate orders are adopted, of
this amended Development Order and shall 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 'feet"
period and for the next-yeap reporting period;
2. A summary comparison of development activity proposed and actually conducted for
the-yeap reportina period;
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 Counci I Assessment Report for the development undertaken;
6. Any request for a substantial deviation determination that was filed in the reporting
~ period or is anticipated to be filed during the next-yeep reporting period;
7. An indication of a change, if any, in local government jurisdiction for any portion of
the development since the Development Order was issued;
I Resolution No: 08-091
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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 bi-sl'Il'Il:lBI ennial 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 Florida Department of Natural Resources, the South Florida
Water Management District, the Florida Department of Environmental Regulation,
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/City Council of the City of Port St. Lucie or the St. Lucie County Growth
Management Community Development Director/Port St. Lucie City Planner to be
included in the bi-BI'II'IUBI ennial report.
F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended
Development Order.
I G. St. Lucie County hereby agrees that prior to March 14, ~ 2013 2016, The Reserve
Development of Regional Impact shall not be subject to down zoning, unit density reduction,
or intensity reduction, unless the County/City, as appropriate, demonstrates that
substantial changes in the conditions underlying the approval of the amended Development
Order have occurred, or that the amended Development Order was based on substantially
inaccurate information provided by the developer, or that the change is clearly established
by St. Lucie County/the City of Port St. Lucie to be essential to the public health, safety, or
welfare.
H. 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.
I. 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.
J. 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.
K. This amended Development Order shall become effective upon adoption.
I Resolution No: 08-091
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L. 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 Reserve Homes Ltd., L.P., a Delaware Limited Partnership, the
successor in interest to Callaway Land and Cattle Company.
M. Within 21 days of the effective date of this resolution amending Resolution No. 89-73, 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, St. Lucie
County and the City of Port St. Lucie.
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
Vice-Chairman Chris Craft Paula Lewis
Commissioner Doug Coward
Commissioner Charles Grande
BOARD OF COUNTY CO
ST. LUCIE COU .
Commissioner_ Paula LcwisChris Craft
I PASSED AND DULY ADOPTED this
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
Resolution No: 08-091
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Al:Igl:lst 19September 16, 2008
Page 41
1
EXHIBIT A
SANDHILL CRANE NESTING MANAGEMENT PLAN
The developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes.
These areas are depicted on Map H. Other areas may be defined by the developer as Sandhill Crane
nesting sites, including areas designated as mitigation or restoration areas, to reflect documented
nesting activity or frequency of use with the approval of the Florida Game and Fresh Water Fish
Commission.
Wetlands providing nesting site habitat shall meet the following criteria:
Located within 1/2 mile of a known nest site.
Minimum wetland depressional radius of 100 feet with ordinary high water elevations of 2-3
feet, ordinary low water elevations of 0.5-2 feet and dominated by wetland grasses and
forbs (little or no woody vegetation)
Minimum managed upland perimeter buffer of 100 feet from jurisdictional wetland limits,
managed as open native wetland transition or uplands foraging habitat - This area shall have
no more than 2010 shrubby understory 3.0 feet or less in height, no forest canopy, and
characterized by grassy ground cover.
A visual screen of native vegetation, planted or naturally occurring, at least 5 feet in height
and at least 20 feet in width to provide a visual barrier to surrounding human disturbances
including residential home sites.
Where golf course fairways or lakes are adjacent to the nest site wetland, the managed
upland perimeter may be reduced to 50 feet in width and the visual screen eliminated
provided the width of the fairway or lake is at least 150 feet.
The upland perimeters and buffers may be modified as appropriate to accommodate landscape
design or sound environmental planning, so long as the proposed plan will not significantly reduce the
area of the wetland nesting depressional, transitional wetland, or upland foraging habitat; and so
long as no construction occurs within 300 feet of the designated "center" of the proposed nesting
site.
Management of the non-golf course portions of the buffers and wetlands shall be pursuant to
recommendations developed in consultation with the Florida Game and Fresh Water Fish
Commission. During the months of December 1 to April 30, no construction within 300 feet of
preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane
nests. In the event that active nests are found, construction shall not occur until July or 90 days
after the eggs hatch whichever comes first.
I Resolution No: 08-091
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Al:Igl:Ist 19September 16, 2008
Page 42
EXHIBIT H B
MASTER PLAN FOR THE RESERVE
JUNE 17. 2008
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
COMMUNITY DEVELOPMENT GROWTH MANAGEMENT DEPARTMENT)
I Resolution No: 08-091
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Al:Igl:lst 19September 16, 2008
Page 43
Legend
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Upland Buffer/Conservation Easement Areas
Lake
SFWMD Wetland
Woodpecker Preserve/Copher
Tortoise Relocation Area/Colony A
2 ac,- Recreation Parcel
Development Uses
Industrial = 500,000 SF
Retail / Commercial = 290,000 SF
Office = 176,500 S.F.
Residential = 3,200 Units
Hotel = 250 Rooms
Golf Course = 72 Holes
PGA Leaming Center = 1 Center
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June 17, 2008
600
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o J~OO
. _Landscape Design
Associates
410 s US 'Hwy J, Suite 10J
Part Sf. Lucie, FL J.,952
772-871-5816 ph
772-871-9905 (ax
Reserve OR!
St. Lucie County, City of Port
Mop H
St. Lucie
EXHIBIT C
UPLAND HABITAT PRESERVE AREAS
FOR THE RESERVE
MAY 7. 2007
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
COMMUNITY DEVELOPMENT GROWTH MANAGEMENT DEPARTMENT)
I Resolution No: 08-091
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Al:Igl:lst 19September 16, 2008
Page 44
Res9lVe Homes - UDIand Areas
St Lucie Countv
~ QrmloII~~4II8OAaIlS
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=..,.~a...._dIlI:iIIrIDltJr~
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Stl.llcio CaIIIy T_ /.tlIanCt 992llAaIlS
Citv of Port St I..JJcie
_ ~Nass
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CIty of Port St I.IIcio TQ/al ~
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Total Upland Presetved:_28t.OO Acres
Other Areas in the Reserve
t49Aa1lS
_ ~_ 1S84Aae8
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NoI& 1: Exact location of /.tJ/aJd PreseIve ARlas wI1hfi
IhB CIty of Port St I.JICie kIIiI&IliaI Pa1k ar& gotIg tD
be dBIBminsd at Iil1II of FiJ8l Site Plan ~
8$ part of IhB S /.tJ/aJd Pr-oon IllqUianent
NoIs 2: VCIIl!IOO Off.. P1BseM> ARlas sbjet;t tD
sppmvaJ by the CiIy of PIltt St I.JICie
NoIs 8: 1625 __ of adt/iIioIIal ~ If*ndB
_ identifiIId by St I.JICie Ccurty kJ the o/dt)St
stbdMsions and pstCBIs kJ IhB ResBtve DRlIIII pst
SllCtiln 44 of IIrst /llIrfail &IflJBmsnt /IgetJmeIIt
datsd 11II af JaIvary 17, 2IX/l.
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Reserve
St Lucie County
Upland Map
Exhibit
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GROWTH MANAGEMENT DEPARTMENT
PLANNING
MEMORANDUM
DATE:
SUBJECT:
THE RESERVE DRI- NOPC 32007-1084
KRISTIN TETSWORTH, PLANNING MANAGER
OCTOBER 17, 2008
NOTICE OF RECORDATION PER FLORIDA STATUTES SECTION
380.06 (15) (f)
TO:
FROM:
This memo serves as notice of the recordation of the Development Order with the Clerk of the
Circuit Court which was recorded on October 17, 2008.
Attached to this memo is a copy of the executed Development Order (Resolution 08-091) from
St. Lucie County dated September 16, 2008. It includes a legal description of the property
covered by the Development Order and the date of adoption of the amendments. The
amendments may be examined at:
St. Lucie County
Growth Management Department
2300 Virginia Avenue
Ft. Pierce, FI 34982-5652
The Development Order constitutes a land development regulation applicable to the property.
The recording of this notice shall not constitute a lien, cloud or encumbrance on the subject
property, or actual or constructive notice of any lien, cloud or encumbrance.
C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\Content.Outlook\UNV2HM7A\NOTlCE OF RECORDING
OF RESO.doc