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HomeMy WebLinkAbout09-016JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3338564 04/28/2009 at 03:05 PM OR BOOK 3084 PAGE 49 - 89 Doc Type: RESO RECORDING: $350.00 RESOLUTION NO. 09-016 A RESOLUTION AMEN~ING RESOLUTIONS 89-73, 91-228, 93-Obi, 93-125, 95-195, 97-023, 97-086, 98-100t ~Pd~9 04-081 AND 08-091 APPROVING A~*d ~T''-~~NINTH AMENDMENT TO THE AMENDE~ DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE RESERVE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mnde the following determinntions: 1. Calinway Lnnd & Cnttle Company has filed a Development of Regional Impnct Application for Development Approvnl with St. Lucie County, Florida and the City of Port St. Lucie, Floridn, in accordance with Chapter 380.06, Florida Stntutes. 2. Cnllawny Land & Cnttle Company originnlly proposed to construct 4,100 dwelling units; 1,600,000 square feet of industrial spnce; 290,000 square feet of retail space; 100,000 square feet of office spnce; and 250 hotel rooms, constituting a Development of Regionnl Impact on the real property legally described in Section B below, locnted in St. Lucie County nnd the City of Port St. Lucie, all located in the State of Floridn. 3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County hnving jurisdiction over thnt portion of this project locnted in the unincorpornted arens of St. Lucie County, pursuant to Chnpter 380, Florida Stntutes, is authorized nnd empowered to consider Applications for Development Approvnl for Developments of Regional Impact. 4. On December 8, 1988, the St. Lucie County Local Planning Agency held n public hearing of which due notice was published in the Ft. Pierce News Tribune, and recommended to this Board that the Development Order approvnl for the Development of Regional Impact known as The Reserve, be granted. 5. The Board of County Commissioners of St. Lucie County, Floridn, on the 15th day of December 1988, held n public hearing on the Development of Regional Impact Application for Development Approval for The Reserve, and hns henrd and considered the testimony taken there at. 6. At this public hearing, nnd following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, December 20, 1988. 7. On Tuesday, December 20, 1988, the Board of County Commissioners removed from the table, the request of The Reserve Development of Regionnl Impnct, for Development Order approval. Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `+°'~ T~ is for deletions Page 1 8. The Board of County Commissioners of St. Lucie County has received and considered the nssessment report nnd recommendations of the Trensure Coast Regional Planning Council. 9. On December 20, 1988, the Board ndopted Resolution No. 88-357, effective December 28, 1988, granting development order approval to The Reserve. 10. On Janunry 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the County's Development Order to the Florida Land and Wnter Ad judicntory Commission. 11. In March of 1989, representatives of the new pro ject developers and the Trensure Coast Regionnl Planning Council reached a settlement in regard to the items under nppeal nnd the amended Development Order, resolution 89-73, reflects that settlement. 12. On March 14, 1989 this Board grnnted npproval to Resolution 89-73, effective Mnrch 21, 1989, which amended the npproved Development Order for the Development of Regionnl Impact known as The Reserve, and nt the same time repealing Resolution 88-357. 13. On November 12, 1991, this Board grnnted npprovnl to Resolution 91-228, which amended Condition Number 55 of Resolution 89-73, the npproved Development Order for the Development of Regional Impact known as The Reserve. 14. On January 22, 1993, Cnllaway Lnnd nnd Cattle Company filed a Notificntion of Proposed Change to an Approved Development of Regional Impnct, pursuant to Chnpter 380.06(19), Florida Statutes for n second amendment to Resolution 89-73. 15. On Mny 25, 1993, this Bonrd grnnted npproval 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 nnd determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 16. On July 27, 1993, this Bonrd granted approval to Resolution 93-125, which provided for n third amendment to Resolution 89-73, the npproved Development Order for the ~evelopment of Regionnl Impnct known ns The Reserve and determined thnt the proposed amendments did not constitute n substnntial deviation to the original Development Order. 17. At the time Resolution 93-061 wns approved by the Bonrd, the approval was conditioned upon the applicants, Callawny Land Cattle Company, filing with St. Lucie County, The Florida Department of Community Affnirs and the Trensure Coast Regional Planning Council a Notification of Proposed Change to n Previously Approved Development of Regional Impnct for the purpose of reviewing the upland/wetlnnd mitigation, transportation and any other related conditions effecting the development of this pro ject 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 Const Regionnl Planning Council on November 18, 1992 from which there had not yet been nny official filing of proposed amendments. Resolution 09-016 Reserve DRI-NOPC 1220081540 Sinale Underline is for ndditions April 7, 2009 G+..:I... TI,..... ' ~„~ is for de etions Pnge 2 18. On Mny 25, 1993, Callaway Land nnd Cnttle Company filed n Notification of Proposed Chnnge to nn Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes for n fourth nmendment to Resolution 89-73. 19. On September 21, 1995, the St. Lucie County Locnl Plnnning Agency/Plnnning nnd 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 nmendments to Resolution 89-73, as previously amended. 20. On October 17, 1995, this Board held a public henring, of which due public notice wns 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 grnnted approval to Resolution 95-195, which provided for n fourth amendment to Resolution 89-73, the npproved Development Order for the Development of Regionnl Impnct known as The Reserve. 22. On Mny 17, 1996, the Florida Department of Community Affairs filed with the Floridn Lnnd and Water Ad judicntory Commission nnd Notice of Appenl of the approved Amended Development Order for the Reserve (FLWAC Case No. 96-010). 23. On December 16, 1996, the Florida Depnrtment of Community Affairs and the developers of The Reserve, Cnllnway Land and Cnttle Company, Inc., entered into n Settlement Agreement for the purpose of addressing the issues rnised under the Depnrtment of Community Affnirs appeal of the npproved Amended Final Development Order for The Reserve (Resolution 95-195). 24. On January 23, 1997, the developers of The Reserve, Cnllc-way Land and Cattle Company, Inc., requested that the Board of County Commissioners consider nn amendment to the Amended Final Development Order for the Reserve (Resolution 95-195) based on the settlement ngreement with the Department of Community Affairs on their appeal of the 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 nmendment to Resolution 89-73, the npproved Development Order for the Development of Regional Impnct known as The Reserve and determined that the proposed nmendments, that were based on the settlement agreement between the Callnway Land and Cattle Company nnd the Department of Community Affairs on the Department of Community Affnirs nppeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195) and further thnt the proposed amendments did not constitute n substantial deviation to the original Development Order. 26. On May 5, 1998, Callaway Land nnd Cnttle Company filed a Notification of Proposed Chnnge to nn Approved Development of Regional Impnct. pursuant to Chnpter 380.06(19), Florida Statutes for a sixth amendment to Resolution 89-73. Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 «°'~~;,z; is for deletions Pnge 3 27. On August 18, 1998, this Board granted approvnl to Resolution 98-100, which provided for a sixth amendment to Resolution 89-73, the npproved Development Order for the Development of Regional Impact known as the Reserve. 28. On August 22, 2003, Reserve Homes, Ltd., L.P., filed a Notificntion of Proposed Change to nn Approved Development of Regional Impact pursuant to Chnpter 380.06(19), Florida Statutes, (NOPC) for a seventh nmendment to Resolution 89-73 to, nmong other things, nmend the DRI Development Program to be ns follows: 3,200 residentinl units; 500,000 square feet of industrial space; 290,000 squnre feet of retnil spnce; 100,000 squnre feet of office space; 250 hotel rooms; 4 golf courses with nccessory buildings and n passive nnd an nctive recrention area which may include: baseball nnd multipurpose fields; operntionn) offices; welcome center; pnrking for 750 vehicles; nnd a children's tenm sports training center; on 81± ncres. The NOPC nlso amends the boundary of the DRI to eliminate 10 acres from the DRI. 29. On April 20, 2004, this Board granted approvnl to Resolution 04-081, which provided for n seventh amendment to Resolution 89-73, the approved Development Order for the Development of Regionnl Impnct known ns The Reserve. 30. Wherens, on Jnnunry 12, 2007, this Board granted npprovnl of the Settlement Agreement resolving certnin issues with respect to the approved Development Order. 31_ On Mnrch 19, 2007, ns required by the Settlement Agreement, Reserve Homes, Ltd., L.P., filed a Notification of Proposed Chnnge to nn Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes, (NOPC) for an eighth amendment to Resolution 89-73 to, nmong other things, amend certain conditions of npproval to reflect changes required by the Settlement Agreement and to amend the DRI Development Program to be ns follows: delete the approval for baseball and multipurpose fields; operntional offices; welcome center; pnrking for 750 vehicles; and a children's team sports trnining center and replnce with 76,500 square feet of additional general office/commercial use. This replacement square footage being equivalent in the nmount of traffic genernted as the deleted use. 32_ On September 16, 2008, this Board held n public hearing, of which due public notice was published in the News Tribune on August 4, 2008, on the proposed amendments to Resolution 89-73, as previously amended. 33. On September 16, 2008, this Board granted approval to Resolution 08-091 which provided for an eiahth nmendment to Resolution 89-73 the approved Development Order for the Development of Regional Impact known as The Reserve. 34, On November 12, 2008, in nccordance with the Settlement Aqreement Pnrnaraph 4.d.. as aAreed, Reserve Homes, Ltd. L.P. prepared and filed the application for a Substantial Deviation pursunnt to Chnpter 380.06(19), Florida Statutes (NPOC) on behalf of St Lucie Countv, for a ninth amendment to Resolution 89-73 to: a) reduce the Native Upland Habitnt requirement to 327.5 acres; b) delete all requirements for deed restrictions for micro- sited lands; c) remove each of the Pre-Development pnrcels from the Innds and ncreaqe Resolution 09-016 Sinale Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 «-:~~ is for deletions Pnge 4 described in the Development Order; and, d) preserve the provisions of the Development Order thnt permit micro-siting on Reserve Homes' Innds nnd on commercial or industrial nrcels. 35. On April 7, 2009, this Board held n public henring, of which due public notice wns published in the St. Lucie News Tribune on Jnnuary 31, 2009, on the proposed nmendments to Resolution 89-73, aspreviously amended. 36. The Bonrd believes that approving this e+gk~kt ninth c-mendment to the Amended Finnl 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, Floridn, nnd further thnt the proposed amendments ~e-~re~~ constitute n substnntinl deviation to the originnl Development Order, as amended:, however, the proposed chnnges do not create additional reqional impacts on regional resources and facilities that were not previously reviewed. 37. The Board of County Commissioners continues with the following nmended FINDIN65 of FACT and CONCLUSIONS of LAW with regnrd 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 designnted pursuant to the provisions of Section 380.06, Florida Statutes. B. The Stnte of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be locnted. C. On October 21, 1988, the Trensure Const Regionn) Plnnning Council issued a report and recommendations on this development pursuant to Section 380.06(12)(a), Florida Statutes. D. On August 25, 1995 the Treasure Coast Regional Planning Council issued a report nnd recommendations on the Notificntion of Proposed Change to a Previously Approved Development of Regionnl Impnct (The Reserve) pursunnt to Section 380.06(12)(n), Florida Statutes. E. On June 4, 1998 the Trensure Const Regionnl Plnnning Council issued n report nnd recommendntions on the Notificntion of Proposed Change to n Previously Approved Development of Regional Impact (The Reserve), filed May 5, 1998 pursuant to Section 380.06(12)(a), Florida Statutes, and determined that the proposed changes to the Final Development Order for the Reserve would not constitute n substantial devintion to the previously npproved Development Order. F. The Trensure Const Regionnl Plnnning Council ndvised the County that it had reviewed the Notificntion of Proposed Change to a Previously Approved Development of Regionnl Impact for the Reserve ~RI, filed August 2003, pursuant to 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 significnnt regional impacts not previously reviewed. Resolution 09-016 Single Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 «°~~~ is for deletions Page 5 G. The proposed Development is consistent with the local comprehensive plan, development Inws nnd regulations of St. Lucie County. H. As part of the seventh amendment to the previously npproved Development of Regiona) Impnct known as The Reserve, it is ncknowledged that the developer hns submitted a comprehensive air qunlity computer modeling study thnt demonstrates thnt State and federal air qunlity standards hnve been met, and which does not identify nny exceedances requiring carbon monoxide monitoring or abntement. I. In the seventh amendment to the previously approved Development of Regional Impact known ns The Reserve, filed on August 22, 2003, Reserve Homes, Ltd., L.P., included a proposnl to amend the mnster site plnn for the Reserve DRI to include a general purpose ground connection/roadway between n 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 npplicntion all proposed nmendments to the pro ject that involved the reconfigurntion of any part of the overall project site plan that would have provided for the construction of nny general purpose access connection into the areas south of the PGA Reserve, except that Reserve Homes indicnted that they would, consistent with the requirements of the PGA Villc-ges Final Development Order, mnintnin an emergency only connection that would be available to nny locnl public snfety authorities should it be needed to address emergency conditions. J. The Treasure Coast Regional Planning Council advised the County that it had reviewed the Notification of Proposed Chnnge to a Previously Approved Development of Regionnl Impact for the Reserve DRI, filed March 19, 2007, pursuant to Section 380.06(19)(f)(4), Floridn Stntutes, and determined that the proposed changes to the Final Development Order for The Reserve DRI would not create significant regional impacts not previously reviewed. K. On February 27, 2009 the Trensure Const Regional Plnnnina Council issued n report and published findings thnt pursuant to Section 380.06(19)(f)(4), Florida Statutes, it determined the ~proposed change will not crente additionul reqional impncts on regionnl resources thnt were not previously reviewed by the Council. Further, the Council does not object to the proposed DO amendments described in the Substantial Devintion npplication received by Counci) on December 3, 2008. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Floridn: A. Thnt in a public meeting, duly constituted nnd assembled this 7th ~ day of S~, ~AB~ April, 2009, Resolution 9~-A~-~ 09-016, which amends Resolution 94-A~~ 08-091, which nmended Resolutions 04-081, 98-100, 97-023 (as corrected by Resolution 98-086) Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 «°~~z; is for deletions Page 6 which amended Resolution No. 95-195, which nmended Resolution No. 93-125, which amended Resolution No. 93-061, which nmended Resolution No. 91-228, which nmends 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 sub ject to the following conditions, restrictions and limitations: APPLICATION FOR DEVELOPMENT APPROVAL 1. The Reserve Development of Regional Impnct Applicntion for Development Approvnl is incorpornted herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in dischnrging their stntutory duties under Chnpter 380, Florida Statutes. Substnntinl complinnce with the representations contained in the Application for Development Approvnl, ns modified by Development Order conditions, is a condition for npproval. For the purpose of this condition, the Applicntion for Development Approval shnll include- the following items: a. Applicntion for Development Approval dated July 9, 1987; b. Supplemental information dnted December 3, 1987; June 15, 1988; July 22, 1988; July 29, 1988; and August 12, 1988; nnd c. Materials dated September 28, 1988; September 30, 1988; nnd October 6, 1988, which were received by the Trensure Const Regional Planning Council after the formal Development of Regional Impact Application for Development Approvnl review process was terminated by the applicnnt nnd locnl public hearings hnd been scheduled. d. Notice of proposed chnnge dated May 25, 1993. e. Materials submitted January 31, 1994, August 5, 1994, and February 3, 1995 with the Notice of Proposed Change/Substantial ~eviation A~A for the substnntial devintion determinntion. 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 nmended Development Order, the following conditions (from Resolution 98-100) are being deleted and/or nmended: 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 nnd 78; • and the following conditions from Resolution 98-100 hnve been determined sntisfied: Resolution 09-016 Sinale Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 °j°'~z; is for deletions Pnge 7 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 Chnnge filed March 19, 2007 Resolution 89-73, as previously amended, is hereby amended to reflect thnt bnsed 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) i. Notice of Substnntinl Devintion filed November 12, 2008 Resolution 08-091, as previously amended, is hereby amended to reflect the new nmendments to condition number 15 ccs set forth in this nmended Development Order. COMMENCEMENT OF DEVELOPMENT 2. In the event the developer fails to commence significant physical development for nny development beyond that authorized in the Development Agreement within three years from the effective date of the Development Order (the earlier of two dntes if separnte Development Orders are issued by St. Lucie County nnd the City of Port St. Lucie), development approvnl shall terminate nnd the development shnll be sub ject to further development-of-regional-impact review by the Treasure Const Regionnl Plnnning Council pursuant to Section 380.06, Florida Statutes. For the purposes of this pnrngraph, construction shnll be deemed to hnve been initiated after placement of permanent evidence of a structure (other than n mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excnvntion or land clearing. Phase I shall be completed within twelve yenrs. 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. Terminntion Date: This development order shall terminate 24 yenrs from the effective dnte of Resolution 89- 73, (Mnrch 21, ~~ 2016). 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 Section 380.06, Florida Statues, or ns subsequently nmended. AIR 3. Clearing of specific building sites shnll 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 dnys of completion of clenring work. During Innd Resolution 09-016 Sinale Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 ~'°~~ is for deletions Page 8 clenring and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed nrens, shall be undertaken nnd implemented by the developer to the satisfaction of the City of Port St. Lucie, St. Lucie County, nnd the Florida Department of Environmental Regulntion. 4. During Innd clearing and site prepnrntion, wetting operations or other soil treatment techniques approprinte for controlling unconfined emissions, including seeding and mulching of disturbed nrens, shall be undertaken nnd 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 ARCHAEOLOGICAL SITES 5. In the event of discovery of nny nrchneologicnl nrtifncts during project construction, the developer shall stop construction in thnt aren and immedintely notify the Division of Historical Resources in the Floridn Depnrtment of State. Proper protection, to the sntisfnction of the Division, shall be provided by the developer. HABITAT, VEGETATION, AND WILDLIFE 6. Wetlands 1, 4, 5, 6, 10, 15, 16, 26, 38, 39, 52, 61, 61A, 61B, 62, 63, 64, 71, 78, 80, 81, 83, 84, 86, 89, 91, 92 and 93 ns permitted and delineated in the jurisdictionnl 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 vinble condition in perpetuity. The applicant shnll obtnin required permit approvnls to alter/restore these wetlands from the South Florida Water Management District and the US Army Corp of Engineers. To ensure that the preserved wetlands are not ndversely impacted, the future permit npprovnl of the wetland nlterntion/restoration shall be based on coordination with and review by the Florida Fish and Wildlife Conservntion Commission. nnd shnll be subject to development order review pursuant to Section 380.06(19)(b)16, Floridn Stntutes. Such wetlnnds modification shall be included in the bienninl Development of Regional Impnct stntus report. Mnp H in the Development Order shnll be nmended, for updnting purposes, to ensure that the DRI development plan is consistent with the permit modification no later than six months nfter South Florida Water Management District accepts certification of the surface water mnnngement system for the fourth (4th) Reserve Golf Course (PUD II). Viability and maintenance shall be nssured by deed restriction, good development and drainnge design plnn which will include quality control measures based on South Florida Water Management District's best management practices. Assignment of future preservntion nnd mnintennnce responsibility shall be to an entity approved by the South Floridn Water Management District or designnted in Rule 9J-2.041 (9), FAC. This nssignment shall occur prior to build- out of the phase in which wetlnnds occur. Adverse impncts thnt 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 Floridn Water Manngement District nnd/or Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `~~°~rt,~ is for deletions Page 9 the US Army Corps ot Engineers bnsed on consultation with Floridn Fish nnd Wildlife Conservation Commission to ensure that preserved wetlands nre not adversely impacted. No building permits or certificc-tes of occupancy shall be issued for nny part of the Reserve Development of Regionnl Impact after the effective date of this development order (the earlier of two dntes if sepnrate development orders are issued by St. Lucie County and the City of Port St. Lucie), until: 1, the ditch connecting wetlnnd 61B to the C24 outfnll route hns been plugged up to the rim of the wetland; and, 2. after January 1, 1997, unless all of the remnining restoration required by this condition has been completed nnd approved by the South Floridn Water Mnnngement District. 7A. Wetlnnds 62 nnd 76 shnll be preserved until such time as the Developer has created a replacement wetlnnd in mitigntion for these preserved wetlnnds to be removed. Such created wetlands shnll 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 plnce until the created wetlands nre complete, inspected nnd approved by the South Floridn Water Management District. 7B. Any wetland hnbitat crention permitted under this condition 6 or 7a shall be completed by the enrlier to occur of Jnnuary 1, 1997 or the issunnce of nny final PUD, plat or building permit for the two thousandth (2000th) residentinl unit in The Reserve. 8. No tinal planned development or plnt npprovals shall be issued after Jnnuary 1, 1994 until one of the following nctions have been completed: a. The developer has completed, to the reasonnble satisfnction of the South Florida Wnter Manngement District, the crention of 50.0 acres of wetland hnbitat in mitigntion for wetland habitnt already destroyed on this project and previously required to be mitigated by South Floridn Wnter Management District; or b. The developer has dedicnted, by conservation ec-sement or some other instrument acceptable to St. Lucie County and South Florida Wnter Management District, to St. Lucie County, or another entity ncceptable to St. Lucie County, and South Florida Wnter Management District, 50.0 acres of upland habitat; or c. The developer has accomplished a combinntion of the nctions described in (a) nnd (b) above which is acceptable to both South Floridn Water Manngement District and St. Lucie County. If the developer chooses to meet all or part of this responsibility by crention of wetland habitat, then the continued viability and maintenance of this hnbitat shall be nssured by deed restriction, good development nnd drainnge plnn design, nnd assignment of future preservation and maintenance responsibility to nny entity Resolution 09-016 Sinale Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 ~'~'~T~ is for deletions Page 10 approved by South Floridn Water Management District prior to build-out of the phase in which the created wetlnnd occurs. If the developer chooses to meet all or part of this mitigntion responsibility by dedicnting upland habitat as in option (b) above, such Innds shall be trnnsferred with restrictions that require their preservntion as nature habitat area. Such lands shall not be credited townrds the requirement thnt the Developer preserve 25 percent of the upland habitnt on site, pursunnt to Condition 15. d. Any wetland hnbitat creation permitted under this condition (8) shnll be completed by the enrlier to occur of Janunry 1, 1994 or the issuance of finnl PUD or plat c-pproval for the two thousandth (2000th) residentinl unit in The Reserve. The developer will provide St. Lucie County and Treasure Const Regional Planning Council copies of the permits or other instruments showing compliance with the above conditions. 9. No Final Planned Development or plat npproval shall be issued nfter Jnnuary 1, 1995, until one of the following hns been completed: a. The developer has completed, to the reasonable sntisfaction of the South Floridn Water Mnnagement District, the creation of wetlnnd habitat as required by South Florida Wnter Mnnngement District Permits (nbove and beyond any wetlnnd habitnt created pursuant to the previous recommended condition), in mitigation for wetlnnd habitat already destroyed on this pro ject site; or b. The developer has dedicated, by conservation easement or some other instrument ncceptable to St. Lucie County and the South Florida Water Mnnagement District, to St. Lucie County, or another entity acceptable to St. Lucie County nnd South Floridn Water Management District, additional upland hnbitat ncceptable to South Florida Wnter Manngement District (above and beyond any upland habitat deeded over pursuant to the previous conditions); or c. The developer has nccomplished a combination of the nctions described in (a) nnd (b) above which is acceptable to both South Floridn Water Management District and St Lucie County. d. In the event developer hns been unable to complete the crention of the required additional ncreage of wetland habitat ns described in (n) above on or prior to Jnnuary 1, 1995, it may post a security for its completion of performance. The form and content of the instrument providing said security shall be sub ject to the approval of St. Lucie County nnd shall include a sufficient nmount of non-disturbed qunlity uplnnd habitat acrenge, ns described above, equal to the ncreage of wetlnnds which have not yet been created in nccordance with (n) above. Such hnbitat posted in accordance with this section shall be relensed by the ncre in exchange for each acre of wetlnnd habitat subsequently created by the Developer in furtherance of his satisfying the condition set forth in 9(a). This procedure shnll be deemed to Resolution 09-016 Sinale Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 «°°T,-~;;~R,~ is for deletions Page 11 satisfy the conditions required for issuance of final plnnned development, plnt approvals or building permits after January 1, 1995. But under no circumstances shall plnnned development or plnt approvnl be issued after January 1, 1997 without completion of wetland habitnt as described in (n) above. e. Any wetlnnd habitnt creation permitted under this section shnll be completed by the earlier to occur of Janunry 1, 1997 or the issuance of a final planned development or plat approval for the two thousnndth (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. Mitigntion Master Plnn for the Reserve DRI must be submitted to nnd approved by the South Floridn Water Mnnagement District prior to wetlands mitigation required by this D.O. occurring on site. As n minimum, the Master Plan shnll set forth: n. The genernl criteria for construction nnd maintenance of wetland habitnt; b. identify the location of all proposed mitigation relntive to preserved wetland nnd upland systems, the surfnce wnter mnnagement system, and development; c. provide for a mitigation, monitoring, and mnintenance progrnm; and d. include n justified estimate of total cost of implementing the proposed mitigation and monitoring progrnm. To be approved, mitigation plans must be found to fully replace the functions and values provided by exempted wetlands thnt hnve been or will be eliminated. Reasonable nssurance of financial nnd institutional ability to carry out the commitments included in the npproved mitigation plnn may be provided by any one or combination. of the following: n, a surety bond in the amount equal to 125 percent of the cost estimnte for implementing the approved mitigation and monitoring plan; b. performance gunrantee to St. Lucie County and/or the City of Port St. Lucie as pnrt of n pro ject construction guarantee, provided the guarantee adequntely covers costs; c. cash bond or letter of credit from n financial institution; d. escrow ngreements which include money, land, or improvements; nnd, e. performnnce prior to wetland loss only applies to mitigation for wetlands not yet destroyed. Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `~-~~:,~ is for deletions Pnge 12 The specific form nnd ndequacy of the guarnntee shall be sub ject to npproval by St. Lucie County, if mitigation occurs within the County, or the City of Port St. Lucie nnd the TCRPC, if mitigntion occurs within the City. Financinl guarantees shall not be released for nny portion of the project until work is completed, inspected, and npproved in writing by the South Florida Wnter Management District. The biennial report shall include a summnry of wetland mitigation nccomplished pursuant to the npproved master plan. A copy of the npproved Mitigation Master Plan will be provided to Trensure Coast Regional Planning Council. 11. Lakes or canals shall not be excnvnted within 200 feet of any wetlands which are preserved or restored on the project site. Wells in the shnllow aquifer shnl) not be located within 300 feet of nny wetlnnds which nre preserved or restored on the project site. Any exceptions to this condition must be approved by the South Florida Wnter Management District on the basis of soil or other data showing thnt water tnble elevations within preserved wetlands would not be adversely nffected. A copy of any South Florida Wnter Management District permit or other consent nddressing this condition will be provided to Treasure Const Regional Plnnning Council. 12. To help nssure thnt mnintenance or implementation of predevelopment hydroperiods occurs within the preserved nnd restored wetlands nnd within cany wetlnnd mitigntion arens, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptnble sources to wetlands prior to routing of nny excess runoff to Inke systems. Control elevations shall be estnblished consistent with the intent to mnintain or improve predevelopment hydroperiods within all wetland areas. The South Florida Water Mnnagement District must npprove the routing of runoff nnd control elevntions as shown on the finnl drainage plnns to achieve the intent indicnted above. Copies of the South Florida Water Management District construction permits will be provided to Treasure Coast Regionnl Planning Council. 13. The developer shall preserve nnd maintain a buffer zone of native upland edge vegetntion nround nll preserved, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Mnnngement District. The buffer zone shall include a canopy, understory, nnd ground cover of native uplnnd species including saw palmetto, wiregrnss, galiberry, Lyonia, or other upland species sub ject to approvnl of the TCRPC. The upland buffer may include slash pine and wax myrtle, but these species shnll not be used in determining the locntion of the boundary between the wetland nnd upland. The buffer zone requirements of preserved or crented wetlands for listed species shall be in accordnnce with the Florida Game and Freshwater Fish Commission guidelines as contnined in the Floridn Administrative Code, as of the time that the buffer zone is developed. The requirements of the uplnnd buffer shnll include a totnl nrea of at lenst ten square feet per linear foot of wetlnnd, except where nn expanded upland buffer hns been required for protection of the Snndhill Crane ns recommended by the Florida Game and Freshwnter Fish Commission (provided for under the approved mnnagement plan referenced herein, nnd attached hereto nnd mnde a part thereof as an exhibit) nnd be locnted such thnt no less Resolution 09-Olb Single Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 °'~0~rn~ is for deletions Page 13 14 thnn fifty percent of the total shoreline is buffered by a minimum width of ten feet of upland hnbitat. Upland buffer shall be clearly delinented, and roped off prior to any land clearing within 200 feet of Qny wetlnnd to be preserved or restored. No further land clenring or development nctivities shnll take place on the Reserve DRI until: n. the Florida Game nnd Fresh Water Fish Commission and the United Stntes Fish and Wildlife Service npprove a management plan for protection and mnnagement of the Red-cocknded Woodpecker;and, b. St. Lucie County is notified in writing that the manngement plan is npproved. The management plan shall provide for the permnnent preservation of any colony sites deemed necessary by the Florida Game nnd Freshwater Fish Commission nnd the U.S. Fish and Wildlife Service. Each preserve colony site shall be no less thnn ten acres in size nnd have boundnries no less than 200 feet from nll existing cavity trees within the preserve. The Preserved colony sites may be irregularly configured nnd should include the best habitnt for the Red-cocknded Woodpecker contiguous with the colony. The Developer shnll not develop the underlnnd or understory within the Preserve aren. 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 United Stntes Fish nnd Wildlife Service Red-cocknded Woodpecker Recovery Plan. The plan must also include n monitoring program to insure that sufficient foraging opportunities nre mnintained. The plnn may-be updnted and amended nnd 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 nnd Wildlife Service. It shall be the responsibility of the Developer to implement the approved plan. A copy of the approved plnn shall be provided to Treasure Coast Regional Planning Council. 15. The ~ke developer shall preserve n minimum of {~~38-s~e~~ (327.5 ncres) of native upland habitat in accordance with the St. Lucie County's Comprehensive Plan for Innd within the jurisdiction of the County and with the City's comprehensive plan for land within the jurisdiction of the City as depicted on the referenced Exhibit C(~ated ~7;-~89~~), January 17, 2007), which is to be kept on file with the St. Lucie County Growth Management Director. Native upland habitat preserved and protected by deed restrictions pursuant to wetlnnd buffer zone requirements and uplnnd habitat required for the protection of species of specinl regional concern, including the Red-cockaded Woodpecker colony sites and Snndhill Crane upland buffer, mny be counted toward meeting this minimum requirement. The balance of this preserved acreage mny be the result of micro-siting of development or selective clearing of nrens to be developed ns open space, common area or preserves, , provided maintennnce of habitat is required through deed restriction. However, as a minimum, preserve areas shall be of appropriate size, qunlity, and arrongement to maintain existing populations of species of special regionnl concern on the property. Nntive uplnnd habitat is defined ns areas exhibiting native species Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 «-~~'"~-;~ is for deletions Pnge 14 in all Inyers of cnnopy, understory, and ground cover that nre present. Areas with native trees, but planted ground cover do not qualify as native uplnnds (e.g., improved pnsture). Micro-sitinq on individual residential lots shall not be counted towards meetinq this requirement. Exhibit "C" ~u~f.`~ AA~.,' '^^" (Dated Januar~l7, 2007~ a copy ot which is to be kept on file with the St. Lucie Growth Mnnagement Director, shall identify the minimum 499 327.5 ncres preserved pursunnt to this condition. The bi-ennial report shnll include copies of deed restrictions nssuring preservation of native upland habitnt acreage. Lnrge ~reserve tracts of land or micro-sited preservation °r-~"~~~ on individual commercinl or industrial lots, if used to meet the habitnt requirement, shall be established by the developer through permnnent deed restrictions or as otherwise shown as beingpreservntion arens on npproved site plnns. The bi-ennial report shnll also include copies of deed, a~proved site plans with ~reservation nrens, or other restrictions assuring preservntion of nntive uplnnd habitnt ncreage. Portions of the requisite 4-48 327.5 ncres of upland preserve located in the City cnn be developed and offsite upland habitat provided. Offsite mitiqation will be limited to 31 acres. Notwithstanding the foregoing, Reserve Homes Ltd., L.P. shnll be deemed to be in compliance with the nbove condition provided it complies with the terms contained in Section 5 of that certnin Settlement Agreement between St. Lucie County and Reserve Homes, Ltd., L.P. dnted as of Jnnuary 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 relocntion into n suitable on-site preserve is required before development of the parcel surveyed. If gopher tortoise burrows are found, any Florida mouse, gopher frog, nnd Enstern Indigo snake found shall be provided for as well. The plnn for protection of these species shall be reviewed nnd approved by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. After approval of the plnn, specific parcels may be clenred nnd developed sub ject to compliance with the methods and procedures stated in the plan without further approval. The 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 n minimum, the Developer shall preserve two nreas that provide potential nesting habitat for Sandhill Cranes. One of these areas shall include wetlnnds 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 Mnp H, Exhibit B dated June 17, 2008). The developer shall, after consultation with the Floridn Game nnd Freshwnter Fish Commission, provide a species and hnbitnt mnnngement plan by Mnrch 5, 1997, ns referenced herein at DO conclusions of Inw and attached hereto as Exhibit A. A detailed site plan delineating the arens required by this condition shall be attached hereto and mnde n part of hereof. These wetlands areas shall be depicted on Map H ns preserve nrens consistent with Conditions ~ 6 nnd 13. Resolution 09-016 Sinqle Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 «~'~~ is for deletions Pnge 15 Management of the non-golf course portions of the buffers and the wetlnnds shall be pursuant to recommendntions 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 wetlnnd shall occur until the wetland has been surveyed for Sandhill Crane nests. In the event that active nests are found, construction shnll not occur until July or 90 days nfter the eggs hatch, whichever occurs first. Construction of these nreas during the months and days indicated may proceed based in coordinntion with the Floridn Game nnd Freshwnter Fish Commission. 17A. The applicntion of pesticides, nematicides, and fungicides to the golf courses and other arens at The Reserve shall be done only in accordnnce with the applicable product label instruction, shall be npplied only by, or under the supervision of, State of Florida licensed applicators, nnd shall be npplied pursunnt to the Integrated Pest Mnnngement Plan, attached hereto, and ns it may be nmended from time to time with the approvnl of the Florida Department of Agriculture. 18. Prior to further development activity, the developer shall provide the Treasure Const Regionnl Planning Council with a letter assuring thnt nccess will be allowed to The Reserve Development of Regional Impact in perpetuity for the purposes of monitoring compliance ot the project with conditions set forth. 19. In the event thnt it is determined that any additional representative of a plnnt or animal species of specinl regional concern (ns 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 Regionnl Impnct property, the developer shall cease all nctivities which might negatively nffect that individual population and immediately notify both the Florida Gnme and Fresh Water Fish Commission nnd the U.S. Fish nnd Wildlife Service. Proper protection, to the satisfnction of both agencies, shall be provided by the developer. 20. Concurrent with construction in nny phase of the development, nll Melaleuca, Brazilinn Pepper, nnd Austrnlinn Pine which occur within that phase shall be removed. Removal shall be in such a mnnner thnt avoids seed dispersal by any of these species. There shnll be no planting of these species on site. ~RAINAGE 21. The developer shall design and construct the stormwnter management system to retnin the maximum volumes of water consistent with providing flood protection. The system shall be designed nnd constructed to retain or detain with filtration, ns 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 nccommodated in n combination of vegetated swales, dry retention arens, lakes with vegetated littoral zones, or other suitable retention structures. All discharges from the surfnce wnter management system shnll meet the npplicable water quality stnndards ns established by the Florida Administrntive Code. Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC pnge 16 1220081540 `~°:~~ ~s for deletions Completed construction pursuant to a valid South Florida Water Management District construction permit for a stormwater management system shall constitute complinnce with this condition. 22. The developer shall design and construct the surfnce water mnnngement system such thnt mnintenance of normal hydroperiods within restored, preserved, and created wetlnnds can be gunranteed agninst the negative impacts of activities within the pro ject boundaries, and that the functions nnd values provided by these habitats will be mnintnined. Under no circumstances shall unfiltered runoff from impervious surfaces and parking areas be diverted directly into wetlands on site. Finnl drainage plnns shall be submitted to South Florida Water Management District, St. Lucie County nnd the City of Port St. Lucie. At n minimum, such plans shall depict how preserved and created wetland nreas will be incorpornted into the development site plans for each individunl development area or drainage bnsin with appropriate supporting informntion to demonstrate how sufficient qunntities of surface runoff from portions of the developed nrens will be conveyed to wetlnnd areas in order to maintnin or improve their existing hydroperiod. Clearing of the land in n development area or drninage basin shnll not begin until plans are approved by the npproprinte ngencies for the development area or drninage basin. Treasure Const Regional Plnnning Council will be provided copies of Qny construction permits issued by South Florida Wnter Manngement District. 23. The developer shall berm nnd swale or otherwise design and construct the golf course stormwnter management systems to retain the first one-hnlf inch of runoff from a one- hour, three-year storm event, prior to discharge of excess water to wetland hnbitats. 24. Maintennnce nnd mnnngement efforts required to assure the continued vinbility of preserved and created wetland littoral zone and upland habitats and the proper operntion of nll components of the surfnce water manngement system shnll be the finnncial and physical responsibility of the developer. Any entities subsequently approved by St. Lucie County or the City of Port St. Lucie to replnce the developer shnll be required, at a minimum, to assume the responsibilities outlined above. All golf course irrigntion systems shnll be designed in such a manner ns to allow for n minimum 100 foot separation from nny existing or proposed potable water well, (ref FAC 17- 6.040(4)(q)). Should the waste trentment system not meet the standards of a Clnss I reliability, then this minimum setbnck shall be 500 feet. 25. The developer shall establish n vegetated and functionnl littoral zone as a part of the surface wnter manngement system of lakes. Prior to construction of the system for each development area or drninage basin of the pro ject, the developer shall prepnre a design and management plnn for the wetland/littornl zone thnt will be developed as pnrt of that system. The plan shnll: a, include plan view and site location; b. include typical cross sections of the surface water management system showing the nverage wnter elevation nfter taking account the effects of wellfield pumping nnd Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 "°~~,~,;:~„~ is for deletions Pnge 17 irrigation withdrnwnls on the lake system nnd the -3 foot contour (i.e., below average elevation); c. specify how vegetation is to be estnblished within this zone, including the extent, method, type nnd timing of nny planting or mulching to be provided; and d. provide n description of any mnnagement monitoring and mnintenance procedures to be followed in order to nssure the continued viability and henlth of the littoral zone. The littoral zone ns established shall consist entirely of native vegetntion and shall be maintained permanently ns part of the water management system. As a minimum, ten square feet of vegetnted littoral zone per linear foot of lake shoreline shnll be established. -The plan shnll be subject to approvnl by St. Lucie County, the City of Port St. Lucie, and the South Florida Water Manngement District prior to the beginning of any excavation nctivity. Littoral zones shnll be constructed concurrent with lake excnvation and final grnding. Operational permits for the surface water management system shall not be issued until such time as the littoral zones hnve been constructed nnd inspected. WATER SUPPLY: POTABLE AND NONPOTABLE WATER 26. The primary source of golf course irrigation water shall be water derived from the surfnce water management system of lakes supplemented by surficial nquifer wells ns permitted by SFWMD. No withdrawals from Inkes shall be permitted which would ndversely nffect wetlnnds required by the Development Order to be preserved on site, or wetlnnds nnd littoral zones created on site as mitigntion for wetlnnd functions and vnlues lost ns a result of this development. At the time of wnter use permit issuance or renewal, the developer shall comply with npplicable South Floridn Water Mnnagement District rules nnd criteria for permit issunnce, which criterim m~y in the future require the use of reclaimed wnter. The continued or proposed use of surficial nquifer wells to supply irrigation water to golf courses shnll occur only as permitted by South Floridn Water Management District. 27. Construction of additionnl golf courses beyond those already constructed shall not occur until it cnn be demonstrated to the satisfaction of the South Florida Water Management District thnt sufficient irrigation water can be derived on a sustainnble bnsis from wastewater sources and surface wnter mnnagement system lakes to provide for irrigation requirements without adversely affecting wetlnnds required by the ~evelopment Order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and vnlues lost as a result of this development. 28. All water use by The Reserve Development of Regional Impact shnll be metered, whether derived from surface wnter mnnagement system lakes for irrigation or from wellfields servicing The Reserve Utility Corp. for domestic use. Annual water use data shnll be provided to the South Florida Water Management District and Treasure Const Regional Planning Council as pnrt of the biennial report to be submitted by the developer as required by Section 380.06, Florida Statues. Resolution 09-016 Sinale Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 °~~~~~ is for deletions PQ9e 18 29. To reduce the demand for irrigntion water, a minimum of 30 percent of nll landscnping materinl nnd 50 percent of nll planted trees shall be native plnnts adapted to the soil and climntic conditions occurring on site. 30. To the mnximum 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 nre open space, preserve, or residential area. In no case shall development which would use, hnndle, store, or produce hazardous or toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable wnter supply well, unless such use, hnndling, storage, or production is consistent with binding wellfield protection regulntions. 31. In no case shnll reverse osmosis reject water be utilized for irrigation purposes unless npproved by the appropriate state permitting nuthority. 32. Wnter-saving plumbing devices shall be required in nll construction (both residential nnd nonresidential) to reduce potable and nonpotable water demnnd. These devices shall include low flush toilets and efficient faucets and shower heads to help reduce the use of potable wnter for these uses. 33. Rntes charged for potable water use shnll be structured to encournge water conservation. 34. All residentinl water requirements shnll be supplied by a common utility which shnll provide water service to all existing and proposed development, except Sabnl Creek Phases I, II, III nnd IV. 35. No finn) planned development or plat approval shal) be issued for The Reserve Development of Regionnl Impact beyond construction nuthorized by the Development Agreement executed by the Department of Community Affnirs, until the South Floridn Water Manngement District notifies St. Lucie County and the City of Port St. Lucie in writing that the method of providing potnble and non potable water needs to such further development proposed by the developer is permitted and will not have ndverse impacts to: a. wetlands required by the Development Order to be preserved on site or wetlnnds and littornl zones crented on site ns 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 nnd nonpotable requirements. Pnrameters and methods of hydrologic investigntions undertaken to demonstrate thnt a sufficient source of water is available to serve further development proposed by the developer without ndversely impacting the items listed above shnll be estnblished to the satisfaction of the South Florida Water Management District. Receipt of a valid South Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `~°`~ ;;,~ is for deletions Pnge 19 Florida Water Management District consumptive use permit for a withdrnwal shall constitute compliance with this section. 36. All residential, commercial and industrial wnter and sewer requirements shall be supplied by the n 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- hnlf ncre nnd any lots proposed within Sable Creek Phase III (56 acre pnrcel) providing such lots be at lenst one acre in size. At such time nnd in the event wnter and/or sewer lines nre mnde nvailable 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 approvnls required from the Treasure Const Regional Plnnning Council and/or in consultation with other governmental agencies, ns a condition to further development approvnls being issued after the effective dnte of the development order, shall not be sub ject to unrensonable delny nfter all submissions and other dnta required by such ngency (including TCRPC) from developer, has been supplied. 38. Mnintenance nnd mnnagement efforts required to assure the continued proper operation of nll components of the centrnl water supply system shnll be the financinl and physical responsibility of The Reserve Community Development District until such time ns it mny be conveyed to nnother entity. Any entities subsequently nuthorized to replace The Reserve Community Development District shnll be required, at a minimum, to assume the responsibilities outlined nbove or delegate such responsibilities to another entity to the sntisfaction of the City of Port St. Lucie and St. Lucie County. Approprinte plans, specifications and applications for the wnter plnnt expnnsion shnll be submitted to the Department of Environmental Protection (DEP) upon the existing water treatment fncility reaching a finishing water mnximum dny demand equnl to 80% of the DEP's rated plnnt capacity. Construction of the expansion shall begin before or when the facility achieves n maximum day finished water production equnl to 90% of DEP's approved rnted plnnt capacity. 39. The unoblignted 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 cnpped nnd abnndoned in accordnnce with South Florida Water Management District criteria prior to commencement of development outside the nren nuthorized for development in the Development Agreement. The obligated well referenced on Map F as described above shall be cnpped and nbnndoned in nccordance with South Florida Water Mnnagement District criteria within 30 dnys of resolving such obligntion for off-site use. WASTEWATER 40. Development shnll only occur concurrently with the provision of ndequnte centrnl wastewnter treatment services. Prior to application for building permits for any part of The Reserve Development of Regional Impact at the beginning of each phnse, the developer shall Resolution 09-016 Single Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 `~°:~ T-~~ is for deletions Page 20 demonstrate that adequnte treatment fncilities will exist on schedule to handle all wastewnter genernted from both compieted and planned development. Evidence of adequate treatment and disposal capnbility shall be subject to approval by St. Lucie County and the City of Port St. Lucie in consultation with the Depnrtment of Environmental Protection. The central wnstewater trentment system shall be expanded based on the following flow capacities (nctual 3 penk month avernge daily): n. When flows reach 60% of permitted capacity, n consultant will hnve been chosen. b. When flows reach 70% capacity, nppropriate plans, specifications and applicntion for wnstewater plant expnnsion shall be submitted to the Depnrtment of Environmentnl Regulation. c. When flows reach 75% capncity, construction shall begin and be completed nnd certified prior to flows reaching 95% of permitted capncity. 41. The existing and proposed wastewater trentment nnd disposnl system shnll be constructed or modified to produce irrigntion qunlity water so thnt spray irrigation of such wnter will be the primnry wastewater disposal method. Excess wastewnter mny be disposed of through percolation ponds, as permitted. 42. Maintenance and management efforts required to assure the continued proper operation of all components of the central wastewater trentment system shnll be the finnncinl nnd physical responsibility of The Reserve Community Development District until such time as conveyed to another entity. Any entities subsequently authorized to replnce The Reserve Community Development District shnll be required, nt a minimum, to nssume the responsibilities outlined above or delegate such responsibilities to nnother entity to the satisfnction of St. Lucie County and the City of Port St. Lucie. HAZARDOUS MATERIALS AND WASTE 43. Within three months of the effective date of the Development Order (the enrlier of two dntes if separate Development Orders are issued by St. Lucie County and the City of Port St. Lucie), the developer shall submit a hnzardous materinls manngement plan for review and npproval by the City of Port St. Lucie, and St. Lucie County in consultation with the South Florida Water Mnnagement District and the Department of Environmentnl 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 plnts shall be issued for any part of the project until approval is obtained. The plnn shall: n. require disclosure by all owners or tennnts of non- residential property of nll hazardous mnterials proposed to be stored, used, or generated on the premises; b. require inspection of all business premises storing, using, or generating hazardous materinls prior to the commencement of operation, and periodicnlly thereafter to Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `j°~~~ is for deletions Page 21 assure thnt adequate fncilities and procedures are in place to properly mnnage hnzardous materials pro jected to occur; c. provide minimum standnrds and procedures for storage, prevention of spills, contninment of spills, and transfer and disposal of such materinls; d. provide for proper maintenance, operntion, and monitoring of haznrdous mnterials management systems including spill nnd hazardous materials contninment systems; e. detail actions and procedures to be followed in case of spills or other nccidents involving hazardous materials; nnd f. guarnntee finnncial nnd physicnl responsibility for spill cleanup. MONITORING AND COMPLIANCE 44. In addition to all information required by Chapter 380, Florida Statutes; by Chapter 9J-2, Florida Administrntive Code; by St. Lucie County; nnd by the City of Port St. Lucie for inclusion in an biennial report to be prepnred and submitted by the developer for The Reserve, n Development of Regional Impact, the following information must be included: a. current, good qunlity aerinl photo showing nntive uplnnd habitat preserved pursuant to the Development Order, ncreage of the preserved areas, and copies of deed restrictions nssuring preservation of native upland habitat acrenge; b. summary of Gopher tortoise surveys and relocntion efforts as required by the Development Order; nnd c. water use data (amounts from all sources) per Development Order condition requiring metered water use sources. EDUCATION 45. From the dnte of enactment of this resolution, until Janunry 1, 1989, any residentinl development permitted within The Reserve, shnll be subject to the voluntary school assessment incorporated as n part of that unit's development npprovnl. Effective January 1, 1989, all residential development within this pro ject shnll be sub ject to the terms and requirements of St. Lucie County Ordinnnce 88-16, School Impact Fees, nnd as may subsequently be amended. RECREATION AND OPEN SPACE 46. The developer shnll reserve a minimum of eight acres of land in four pnrcels no less than two acres ench in size to be deeded free and clenr of nll 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 arrnngement that will most conveniently serve the most residents bnsed on proximity of residential nrens. Prior to the delivery of any Resolution 09-016 Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `~°~~~ is for deletions Pnge 22 recreational parcel to an nppropriate homeowner's associntion, the developer shall establish n fund of not less than $20,000 for construction of, or construct nppropriate, recreational fncilities on pnrcels to be turned over to the nppropriate homeowners' associntion POLICE AN~ 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 $ 111 per unit Multi-Fnmily $ 99 per unit Off ice: Medicnl Office $231 per 1000 sf Financinl Office $506 per 1000 sf Other Office $127 per 1000 sf Retai I: 0- 49,999.9 sf $250 per 1000 sf 50,000 - 99,999.9 sf $298 per 1000 sf 100,000 - 199,999.9 sf $299 per 1000 sf Hotel/Motel $111 per unit Upon the enactment of a formal public safety (police) impact fee ordinnnce by the St. Lucie County Board of County Commissioners, the terms nnd conditions of that ordinnnce shall apply to those portions of this project, described in Section B of this resolution. FIRE PROTECTION 48. The developer shnll reserve one parcel, n minimum size of two ncres 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 nnd time acceptnble to the Fire District, if so required. Prior to the issuance of any building permits for nny residentinl unit within The Reserve, including any hotel/motel unit, the developer shall pny 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 snfety (fire) impnct fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of thnt ordinance shnll apply to those portions of this pro ject, described in Section B of this resolution. ENERGY Resolution 09-016 Single Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 `~°''~,~n~ is for deletions Page 23 49 In the final site and building design plans, the developer shnll: n. incorporate those energy conservation mensures identified on pages 25D.1 nnd 25D.2 of The Reserve Development of Regionnl Impnct Application for Development Approval; b. comply with the Floridn Thermnl Efficiency Code Part VII, Chnpter 553, Florida Stntutes; and, c. to the mnximum extent feasible, incorporate measures identified in the Trensure Const Regionnl Planning Council's Regionnl 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 incorporntion of energy conservation measures nlready 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 ench of the 17 energy snving methods outlined in the ENERGY section discussion of the Treasure Coast Regional Plnnning Council's Assessment Report for The Reserve Development of Regionnl Impnct unless it can be demonstrnted to the sntisfaction of the Trensure Const Regionnl Planning Council that individunlly each method is not cost effective. TRANSPORTATION 51. In the event the Developer decides to incrense 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 contemplnted, an analysis showing the proposed chnnge nnd how it conforms to the conversion methodologies set forth below. In addition, the DRI bienninl Report shnll include information indicnting the cumulative number of single-family dwelling units, condominium/townhouse dwelling units, timeshare units, hotel units, office square footage, industrial square footnge, nnd retnil square footage that have been approved by the City and the County as of the date of the bienninl Report, but in no event shnll more than 50,000 square feet of general light industrial square footage, 25,000 square feet of office squnre footnge or 25, 000 squnre feet of shopping center square footnge be converted to another use. Resolution 09-016 Reserve DRI-NOPC 1220081540 Sinqle Underline is for additions April 7, 2009 G~..~I... TL..~. ' ~„-,.~4 is for de etions Pnge 24 The following conversiom m~trix shall be used to allow land use conversions within the Proposed Development: To 6et Land Use Trade Of'f ~,¢nernl Light Industrial Single Fumily Condo/ Townhouse Hotel Timeshare Office Shopping Center General Light Industrinl 1,000 SF -- 1.40 du 2.42 du 1.70 rms 2.57 units 579 sf 253 sf Single-Family 1 DU 715 Sf -- 1.73 du 1.21 rms 1.83 units 414 sf 181 sf Condo/Towlth0use 1 DU 413 Sf 0.58 du -- 0.70 rms 1.06 units 239 sf 104 sf Hotel 1 RM 590 Sf 0.82 du 1.43 du -- 1.51 units 341 sf 149 sf Ti1Tleshnr'e 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. Contrncts shnll 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) Signnlizntion nt St. Lucie West Boulevard and I-95 West Rnmps intersection; and, ii) Extend the southbound right-turn lane, including the deceleration distnnce; to a location 600 feet back from the STOP bnr for the southbound left-turn Inne. This improvement is complete. 53. No building permits shall be issued for development that cumulntively generntes more than the total PM peak- hour threshold trips or date threshold, whichever comes later, as indicnted in Toble 1, listed after Condition Number 61. until one of the listed alternative actions has occurred for each of the indicated improvements. 54. As n minimum, the Developer shall pny a fnir shnre contribution consistent with the road impnct fee ordinnnce of St. Lucie County. 55. Beginning two years nfter the approval dnte of this Development Order (April 20, 2004) n PM peak-hour trip generntion summnry of approved development shnll be provided to the County of St. Lucie on a Bi-ennia) basis. 56. Commencing on December 20, 2008 and continuing every two years thereafter, the developer shall submit n Bi- enninl Stntus Report indicating the status (schedule) of gunranteed improvements. This Bi-ennial Status Report shall be submitted to the City of Port St. Lucie, St. Lucie County, FDOT, TCRPC nnd the DCA ns pnrt of the Development of Regional Impact biennial_ Report. The Bi-ennial Status Report shnll list all rondway improvements needed to be constructed, the guaranteed date of completion for the construction of each needed improvement, the pnrty responsible for the guaranteed construction of each improvement, and the form of the binding commitment that gunrantees construction of each improvement. Additionally, this report shall include the most recently provided trip generation summary as required under Condition 55 and nny land use trade-off conversions that have occurred pursuant to Condition 51 of this Development Order since the execution of the Development Order. 57. No building permits shnll be issued for development that cumulntively generates more than 3153 total PM peak- hour trips or after December 31, 2005, whichever occurs Inter, until the indicated improvement hns been included within the first 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 hns 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 Resolution 09-016 Sinqle Underline is for additions April 7, 2009 Reserve DRI-NOPC 1220081540 `~°`~rn~ is for deletions Page 25 by for improvements to obtnin the following roadway configuration listed below including the appropriate lane geometry at the intersections, signalization, lighting and nssociated improvements (i) iv.) Six-Inne St. Lucie West Boulevnrd from Village Pnrkway/Commerce Center Drive to Pencock Boulevnrd. This improvement includes the construction of a six-Iane bridge over I-95. St. Lucie West Boulevard nt I-95 Southbound Rnmps Eastbound Reserve Blvd Three through Innes One right-turn lane Southbound I-95 Southbound Off-Ramp Two left-turn lanes One right-turn lane Westbound St. Lucie West Blvd Two through lanes St. Lucie West Boulevnrd at I-95 Northbound Ramps Eastbound St. Lucie West Blvd Westbound St. Lucie West Blvd Two left-turn lane Three through lanes Three through Ianes One right-turn lane Northbound I-95 Northbound Off-Ramp One left-turn Inne Two right-turn lanes 2"d receiving Inne for the I-95 Northbound On Ramp to accommodate dual eastbound left turns at the I-95 enst rnmps intersection. The Developer mny provide for the construction of this improvement through n jointly funded undertaking nmong privnte nnd/or public entities and such construction and funding shall sntisfy this condition provided it is the sub ject of a binding executed developer's ngreement or contract. The developer shall be entitled to receive fair shnre trnffic impact fee credits for all design and construction costs of this improvement in nn nmount consistent with any local ronds impact fee ordinnnces or regulntions. 58. No building permits shnll be issued for development that cumulatively generates more thnn 3153 totnl PM peak- hour trips or December 31, 2005, whichever occurs Inter, until an operntional analysis of the Village Parkway/St. Lucie West Boulevard roundnbout is conducted. This nnnlysis shnll be completed on n bi-enninl basis and submitted to the City of Port St. Lucie and St. Lucie County with the Bi-ennial report. The operational analysis shnll include monitoring of current snfety nnd operntionnl conditions and shnll 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 nnd St. Lucie County. In the event that the overall opernting conditions of the roundabout are pro jected to be below level of service "D" or safety deficiencies are identified, operationnl 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 hns been identified by the operntionnl study or projected until contracts have been funded nnd let by the Developer for the identified improvements. Such improvements may include additional turn Innes, warrnnted signalizntion, pavement mnrkings, signage, lighting, and associated improvements (i): i) Villoge Pnrkway nnd St. Lucie West Boulevard/Reserve Boulevard Resolution 09-016 Sinale Underline is for additions April 7, 2009 Reserve ORI-NOPC 1220081540 «~`~R,~ is for deletions Pnge 26 Northbound Vilinge Parkway Eastbound Reserve Boulevard One left-turn lane One left-furn lane Two through lanes Two through Innes One right turn lane One right-turn lane Southbound Village Parkwny Two left-turn Innes Two through lanes One right-turn Inne 59 60 Westbound St. Lucie West Blvd Two left-turn Ianes Two through lanes One right-turn lane The Developer shall conduct a signal warrnnt analysis at the following intersections beginning January 2008. The signnl wnrrant annlysis shnll be continued on n bi-ennial basis until all signnls are warranted. a. Glades Cut-off Road and Vilinge Pnrkwny, b. Glndes Cut-off Road nnd Reserve Boulevnrd. The annlyses shall be performed during the penk senson nnd presented and approved by the City of Port St. Lucie and/or St. Lucie County, ns applicable. The nnalysis mny be limited to providing traffic volume counts only when ngreed to by either the City of Port St. Lucie nnd/or St. Lucie County, as applicable. The signa) warrnnt annlysis shall project warrants for a one year period. . Additional certificates of occupancy shnll not be issued nine months after the annlysis showing a trnffic signnl is wnrranted until either (i or ii): i) Contracts hnve been funded and let by the Developer for the installation of the traffic signal and npplicable intersection improvements including appropriate lane geometry, signalization, pnvement mnrkings, signnge, lighting and associated improvements; or, ii) Within sixty (60) dnys after a signnl is wnrrnnted, a letter of credit equivnlent to 120% of the design and construction costs of the npplicnble signal and intersection improvements shall be posted assuring that the applicnble signnl will be installed within 12 months after the signnl is wnrranted. During the site plan npprovnl process, n trnffic study shall be submitted to St. Lucie County or the City of Port St. Lucie, as nppropriate, to determine lane geometry for internal roadways nnd their intersections with collector or nrterinl streets. Previous Condition 60 of R-04-081 is hereby deleted. REASON: Improvements under construction: West Virginia (Crosstown Parkway) is under construction as a six-lane road with an interchange at I- 95. West Virginia (Crosstown Parkway) is under construction as a six-lane road Cashmere Boulevard to Floresta Drive. West Virginia (Crosstown Parkway) is under construction as a six-lane road with an interchange at I- 95. Resolution 09-016 Reserve DRI-NOPC 1220081540 Sinqle Underline is for ndditions April 7, 2009 ~'-°~-,'.---~T-r'~„~ is for deletions Page 27 61. No building permits shall be issued for development that cumulntively generates more than the 3,867 total PM peak-hour trips or nfter December 31, 2010, whichever occurs later, until one of the listed nlternative actions hns occurred for one of the following indicated improvement groups (1, 2 or 3) nt the intersection of Midway Road and Selvitz Road. 1.) Add n second eastbound and a second westbound through lane; or 2.) Add enstbound and westbound right-turn Innes; or 3.) a. Add northbound nnd southbound left-turn Innes; and b. Add a southbound right-turn lane; or c. Add an eastbound right-turn Inne. Alternntive Actions: A.) Contracts have been let to construct the indicated improvements; or, B.) The indicnted improvement hns been included within the first three years of the ndopted Cnpital Improvements Progrnm for St. Lucie County or the City of Port St. Lucie, or the first three years of FDOTs adopted Work Progrnm; or, C.) An annlysis has been conducted that demonstrates the indicated improvement(s) are not needed. The annlysis shnll also identify the new improvement(s) nnd new trip nnd dnte thresholds when such improvement(s) will be needed. The methodology for such analysis nnd the study results shall be provided to the Trensure Const Regional Planning Council (TCRPC) and the FDOT for review nnd shall be approved by the Department of Community AffQirs (DCA). Prior to the redefined threshold being renched, the improvement shall be let for construction or shall be progrnmmed for construction within the first three years of the Cnpital Improvements Program for the City of Port St. Lucie or St. Lucie County or FDOTs adopted Work Progrnm; or, D.) An npplicable lower level of service has been ndopted by the maintaining agency nnd nn annlysis has been conducted that demonstrntes the indicated improvement(s) nre not needed. The annlysis shall also identify the new improvement(s) nnd new trip and dnte thresholds when such improvement(s) will be needed. The methodology for such analysis and the study results shnll be provided to the Trensure Coast Regional Plnnning Council (TCRPC) nnd the FDOT for review and shall be approved by the Depnrtment of Community Affairs (~CA). Prior to the redefined threshold being reached, the improvement shall be let for construction or shall be progrnmmed for construction within the first five yenrs of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County or first three years of FDOTs ndopted Work Program; or, E.) The City of Port St. Lucie and/or St. Lucie County has ndopted a long-term concurrency management system (CMS) nnd includes the indicnted improvement(s) in the long-term CMS; or, F.) A local government development ngreement consistent with sections 163.3220 through 163.3243, F.S. hns been executed and attached as an exhibit to the Development Order. Resolution 09-Olb Sinqle Underline is for ndditions April 7, 2009 Reserve DRI-NOPC 1220081540 "'°`~~ is for deletions Pn9e 2$ TABLE I rovement/Lnne Im A lter nativ e Ac tions Condition h ld h Location p Improvement Locntion Satis~ed o T res Addition A g C D E F Total Date PM Trips Secondleft-turnlane Eastbound St.Lucie West St. Lucie West Boulevard and NW Extend dual left-turn lanes '~ '~ * * * 3,153 12/31/05 Peacock Boulevard atleast 610 feet Boulevard Partially St. Lucie West Boutevard and NW Second left-turn lane Southbound NW Peacock ,~ ,~ ,~ ,~ _ ,~ lete Com 3,153 12/31/05 Pencock Boulevard Boulevard p Giades Cut-Off Road and Commerce One right-turn lane Westbound Commerce Center * _ * _ _ * YES 3,963 12/31/07 Center Parkway parkwa Y Partially 3 963 12Y31/07 West Midway Road and 25th Street Right-turn lanes Southbound 25th Street * * '~ - - *. l t C , e e omp YES 3,963 12/31/07 West Midway Road and 25th Street Extend left-turn Inne to 590 feet, includin ta er Eastbound West Midway * * * * St. Lucie West Boulevard and Second throu h lanes 9 Northound and Southbound * * * ,r YES 3,963 12/31/07 California Boulevard California Boulevard St. Lucie West Boulevard and One through/left-turn lane Southbound Bethany Drive * * * ~r * YES 3,963 12/31/07 Bethany Drive (restri ing) Eastbound and Westbound West ,~ * * * YES 4,896 12/31/12 West Midway Road and Selvitz Road Separate left-turn lane Midway Road U.C. - Under Construction ALTERNATIVE ACTIONS A) Contracts have been let for improvements to obtain the indicated improvement(s). B) The indicated improvement has been included within the first three years of the adopted Capital Improvements Program for either St. Lucie County or the City of Port St. Lucie or the first three years of FDOT's adopted Work Program. C) An analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The annlysis shall also identify the new improvement(s) and a new trip threshold 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 being reached, the improvement shall be let for construction or shnll be programmed for construction within the first five years of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County. D) An applicable lower level of service standard has been adopted by the maintnining agency and an analysis that demonstrates the ~+-°~k;~ is for deletions Page 29 indicated improvement(s) are not needed hns been conducted. The analysis shall also identify the new improvement(s) and a new trip threshold when such improvements will be needed. The methodology for such analysis and the study results shall be provided to the TCRPC and the FDOT for review and shall be approved by the DCA. Prior to the redefined threshold being reached, the improvement shall be let for construction or shall be programmed within the first five years of the City of Port St. Lucie's or St. Lucie County's CApital Improvements Progrnm. E) The City of Port St. Lucie and/or St. Lucie County has adopted a long-term concurrency management system (CMS) and includes the indicated improvement(s) in the long-term CMS. F) A local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order. ~'~:~z; is for deletions Page 30 BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Floridn, as follows: B. The legal description for the property under this nmended Development of Regionnl 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 particulnrly described ns follows: Begin at the Southwest Corner of Snid Section 15; Thence South 89°23'26" East, along the South Line of Said section 15, n Distnnce of 812.97 Feet to the Point of Intersection with the Westerly Line of n Parcel of Land Described in Officinl Records Book 514, Pnges 237-239, Public Records of St. Lucie County, Floridn; Thence North 44°46'07" East, along the Westerly Line of Said Parcel of Land, n Distance of 1393.92 Feet to the Point of Intersection with the Westerly Line of the Plnt of G. O. Team Industrinl Park - Unit One, as Recorded in Plat Book 23, Pnge 31, Public Records of St. Lucie County, Florida; Thence Northeasterly along the Westerly Line of Snid Plnt of G. O. Team Industrial Pnrk Unit One the Following Courses and ~istances: North 45°13'33" West, 660.03 Feet to the Point of Intersection with the Ensterly Right- of-way Line of the Florida East Coast Railway; Thence North 44°45'58" East along Said Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 45°13'53" Enst, 510.04 Feet; Thence South 63°39'59" Enst, 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, Pnge 1040, Public Records of St. Lucie County, Florida. Thence South 44°45'58" West, along Snid Westerly Line of Said Plat of G. 0, Team Industrial Park - Unit One and its Northerly Prolongation nnd the Easterly Line of Snid Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South 89°29'01" East, a Distance of 574.47 Feet to the Point of Intersection with the Enst Line of Said Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four, as Recorded in Plnt Book 16, Page 23, Public Records of St. Lucie County, Florida; Thence South 89°29'01" 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 nnd Light Easement as Recorded in Officinl Records Book 90, Page 71, Public Records of St. Lucie County, Florida; Thence South 00°21'26' West, nlong the Westerly Line of Said Florida Power and Light Easement, a Distonce of 3975.26 Feet to the Point of Intersection with the North Line of Said Section 23; Thence North 89°23'16" Enst, along Said North Line of Section 23, n Distnnce of 33.09 Feet to the Point of Intersection with the Westerly Line of a Florida Power and Light Ensement, Recorded in Officinl Records Book 97, Pnge 504, Public Records of St. Lucie County, Florida; Thence South 00°00' 15" West, along the Westerly Line of Said Florida Power and Light Ensement, a Distance of 5305.53 Feet to the Point of Intersection with the North Line of Said section 26; Thence South 00°00'02" East nlong the Westerly Line of Q Florida Power and Light Ensement 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 Snid Proposed Right-of-wny the Following Courses and Distances; Resolution 09-016 Reserve DRI 1220081540 Sinqe Underline is for additions Draft Revision, April 2009 «-'~n,z; is for deletions Pnge 31 Afore Snid Point Being a Point in a Curve Concave to the Northwest to Which n Radial Line Benrs South 47°50' 57" East with a Radius of 600.50 Feet; Thence Southwesterly nlong the Arc of Snid Curve, n Distance of 176.71 Feet, Through n Centrnl Angle of 16° 15'37"; Thence South 59°00'40" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southenst, Having n Radius of 621.42 Feet; Thence Southwesterly nlong the Arc of Said Curve, a Distance of 416.77 Feet Through a Central Angle of 38°25'38"; Thence South 20°35'02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest, Having n Radius of 131.00 Feet, Thence Southwesterly along the Arc of Snid Curve 149.35 Feet, Through a Central Angle of 65° 19' 11"; Thence South 85°54' 13 "West, 388.39 Feet; Thence South 05°58'06" Enst, 64.11 Feet; Thence South 89°54'13" West, 300.01 Feet; Thence South 00°05'47" Enst, 140.00 South 05°46'23" West, 64.11 Feet; Thence South 86°05'47" Enst, 960.95 Feet to a Point of Curvnture of a Curve Concave to the Southwest Having a Radius of 600.50 Feet; Thence Southeasterly along the Arc of said Curve n Distance of 626.00 Feet Through a Central Angle of 59°43'45", to a Point of Compound Curvature of a Curve Concave to the Southwest, Hnving a Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Snid Curve, a Distance of 60.04 Feet Through a Central Angle of 02°39'23" to the Point of Intersection with the Westerly Line of a Florida Power and Light Easement Recorded in Officinl Records Book 97, Pnge 504, Public Records of St. Lucie County, Florida; Thence South 00°00'02" East, along the Westerly Line of Said Florida Power and Light Easement, a Distance of 411.27 Feet; Thence nlong 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 00°35' 29" East, 1849.11 Feet; Thence South 06°37' 22" West, 631.95 Feet; Thence South 12°26'07" West, 640.99 Feet; Thence South 19°28'36" West, 683.65 Feet; Thence South 79°27'56" West, 55.51 Feet; Thence South 10°32'03" East, 50.00 Feet; Thence North 79°27' 56" East, 55.39 Feet; Thence South 40°32'32" East, 146.64 Feet; Thence South 23°34'44" West, n Distance of 422.42 Feet; Thence South 89°52' 17" West, 1527.70 Feet; Thence North 40°43'16" West, a Distnnce of 1216.31 Feet; Thence North 40°04'45" West, n Distance of 95.12 Feet; Thence North 44°07'10" West, a Distance of 365.54 Feet; Thence North 44°39'44" West, a Distance of 213.66 Feet; Thence North 48°38'45" West, a Distance of 475.89 Feet; Thence South 61°51'31" West, a Distnnce of 188.61 Feet; Thence North 66°42'00" West, n Distance of 79.81 Feet; Thence North 43°42'56" West, n Distance of 2428.68 Feet; Thence North 44°56'04" West, a Distance of 1054.01 Feet; Thence North 44°47'33" West, a Distnnce of 636.86 Feet to n Point of Intersection with the Easterly prolongation of the Southerly Line of the Plnt of Sabal Creek Phnse IV, recorded in Plat Book 34, Pnges 17 and 17A, Public Records of Said St. Lucie County; Thence North 43°08'40" West nlong Said Easterly prolongntion and Said Southerly Line, a Distance of 1026.67 Feet; Thence North 43°34'56" West nlong Said Southerly Line nnd the Southerly Line of the Plat of Sabal Creek Phnse II, recorded in Plat Book 24, Pnges 1, 1A thru 1C, Public Records of Snid St. Lucie County nnd the Westerly prolongation of Snid Southerly Line, n Distance of 5393.03 Feet to the Point of Intersection with the Easterly Right-of-way Line of the Florida East Coast Rnilwny; Thence North 44°45'38" Enst, nlong the Easterly Right-of-way Line of the Florida East Coast Railway, n Distance of 8,141.46 Feet to the Point of Intersection With The West Line of Said Section 15; Thence South 00°36'34" West, nlong 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 nnd the Point of Beginning." Containing 2,680 Acres More or Less. Resolution 09-Olb Reserve DRI 1220081540 Sinale Underline is for ndditions Draft Revision, April 2009 °'°°~~;~ is for deletions Pnge 32 C. Any modifications or deviQtions from the approved plnns or requirements of this Development Order shall be submitted to the St. Lucie County Growth Management Director nnd 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 chnnge constitutes n substantial devintion as provided in Section 380.06(19), Floridn Statutes. The Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, ns nppropriate, shall mnke its determination of substnntial deviation nt a public henring after notice to the developer. D. St. Lucie County/the City of Port St. Lucie shnll monitor the development of the pro ject to ensure complinnce with this Development Order. The St. Lucie County 6rowth Management Director and/or the City of Port St. Lucie City Planner, as appropriate, shnll be the locc-I official nssigned the responsibility for monitoring the development nnd enforcing the terms of the Development Order. The Growth Mnnngement Director/City Plnnner mny require periodic reports of the developer with regnrd to nny item set forth in this Development Order. E. The developer shnll make a bi-ennial report ns required by Section 380.06(18), Florida Statutes. The biennial report shnll be submitted beginning +~ on December 20, 2008 and then every other year on the anniversary date of the ndoption, of Resolution 89-73, or the earlier date if two sepnrate orders are adopted, of this amended Development Order and shQll include the following: 1. Any chnnges in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting period and for the next reporting period; 2. A summary comparison of development nctivity proposed and nctually conducted for the reporting period; 3. Undeveloped tracts of land that hnve been sold, transferred, or leased to a successor developer; 4. Identification nnd intended use of lands purchased, lensed, or optioned by the developer ad jacent to the original site since the Development Order was issued; 5. An nssessment of the developer's and locnl government's compliance with the conditions of approvnl contained in this Development Order and the commitments specified in the Application for Development Approvnl and summarized in the Regionnl Plnnning Council Assessment Report for the development undertaken; 6. Any request for a substantial deviation determination thnt wns filed in the reporting period or is anticipated to be filed during the next reporting period; 7. An indication of a change, if any, in local government jurisdiction for nny portion of the development since the Development Order was issued; Resolution 09-016 Reserve DRI 1220081540 Sinale Underline is for additions Draft Revision, April 2009 «~°~~~:,z; is for deletions Pnge 33 8. A list of significant local, State, and federal permits which hnve been obtained or which are pending by agency, type of permit, permit number, and purpose of each; 9. The bi-ennial report shall be transmitted to St. Lucie County, the City of Port St. Lucie, the Trensure Coast Regional Planning Council, the Floridn Department of Community Affairs, the Florida Department of Natural Resources, the South Florida Water Management District, the Florida Depnrtment of Environmental Regulation, nnd such ndditional parties as may be nppropriate or required by law; 10. A copy of nny recorded notice of the adoption of a Development Order or the subsequent modification of an ndopted Development Order thnt wns recorded by the developer pursuant to Subsection 380.06(15), Florida Stntutes; and 11. Any other information requested by the Bonrd of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie or the St. Lucie County 6rowth Mnnagement Director/Port St. Lucie City Planner to be included in the bi-enninl report. F. The definitions found in Chapter 380, Florida Statutes, shall apply to this nmended Development Order. 6. St. Lucie County hereby agrees thnt prior to March 14, ~~ 2016, The Reserve ~evelopment of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the County/City, as nppropriate, demonstrntes that substantial changes in the conditions underlying the approval of the amended Development Order hnve occurred, or that the nmended Development Order was based on substnntially inaccurate informntion provided by the developer, or thnt the change is clearly estnblished by St. Lucie County/the City of Port St. Lucie to be essential to the public health, safety, or welfnre. H. This amended Development Order shall be binding upon the developer nnd its assignees or successors in interest. It is understood thnt any reference herein to any governmental ngency shnll be construed to mean nny future instrumentnlity which may be created and designated as successor in interest to, or which otherwise possesses any of the powers nnd duties of any referenced government agency in existence on the effective dnte of this amended Development Order. I. The approvnl granted by this amended ~evelopment Order is conditionnl and shall not be construed to obviate the duty of the developer to comply with all other npplicable 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 mnnner nffect the remaining portions or sections of this amended Development Order, which shall remnin in full force and effect. K. This amended Development Order shall become effective upon adoption. Resolution 09-016 R¢serve ~RI 1220081540 Sinale Underline is for ndditions Drnft Revision, April 2009 «-'~,~ is for deletions Page 34 L. Certified copies of this amended Development Order shall be trnnsmitted immedintely by certified mnil to the Department of Community Affnirs, the Trensure Coast Regionnl Planning Council, nnd Reserve Homes Ltd., L.P., a ~elaware Limited Pnrtnership, the successor in interest to Callawny Lnnd nnd Cattle Company. M. Within 21 dnys of the effective dcite of this resolution amending Resolution No. 89-73, the developer, shnll record a notice of adoption of this order in compliance with Chapter 380.06(15)(f), Florida Stntutes, with copies of said notice being provided to the Floridn Department of Community Affairs, Trensure Coast Regional Plnnning Council, St. Lucie County nnd the City of Port St. Lucie. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis AYE Vice-Chairman Charles 6rande AYE Commissioner poug Coward AYE Commissioner Chris Dzadovsky AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTE~ this 7t" Day of April, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY r Chairman APPROVED AS TO FORM AND CORRECTNE55 County A Sinqle Underline is for additions «°:~z; is for deletions Revision, April 2009 Pnge 35 Resolution 09-016 Reserve DRI 1220081540 EXHIBIT A SANDHILL CRANE NESTING MANAGEMENT PLAN The developer shall preserve two areas that provide potential nesting hnbitnt 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 ns mitigntion or restoration areas, to reflect documented nesting activity or frequency of use with the approval of the Florida 6ame and Fresh Water Fish Commission. Wetlands providing nesting site habitnt shnll meet the following criteria: • Locnted within 1/2 mile of a known nest site. • Minimum wetlnnd depressional radius of 100 feet with ordinnry high water elevations of 2-3 feet, ordinary low water elevations of 0.5-2 feet nnd dominated by wetland grasses and forbs (little or no woody vegetation) • Minimum managed uplnnd perimeter buffer of 100 feet from jurisdictional wetlnnd limits, mnnnged ns open native wetland trnnsition or uplands foraging habitat - This area shall have no more than 20% shrubby understory 3.0 feet or less in height, no forest cnnopy, nnd chnracterized by grassy ground cover. • A visunl screen of native vegetation, planted or nnturnlly occurring, at lenst 5 feet in height and at least 20 feet in width to provide a visual barrier to surrounding human disturbnnces including residential home sites. • Where golf course fnirways or lakes are nd jacent to the nest site wetlnnd, the mnnnged uplnnd perimeter may be reduced to 50 feet in width and the visunl screen eliminated provided the width of the fairway or lake is at lenst 150 feet. The uplnnd perimeters and buffers mny be modified as appropriate to accommodate landscape design or sound environmental planning, so long ns the proposed plnn will not significantly reduce the area of the wetlnnd nesting depressional, transitionQl wetlnnd, or uplnnd fornging habitnt; and so long as no construction occurs within 300 feet of the designated "center" of the proposed nesting site. Mnnagement of the non-golf course portions of the buffers nnd wetlands shnll be pursunnt to recommendations developed in consultation with the Florida 6ame and Fresh Wnter 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 wetlnnd hns been surveyed for Sandhil) Crane nests. In the event that active nests are found, construction shnll not occur until July or 90 days after the eggs hatch whichever comes first. Resolution 09-016 Reserve DRI 1220081540 Sinale Underline is for additions Drnft Revision, April 2009 `~-°~R,=q is for deletions Pnge 36 EXHIBIT B MASTER PLAN FOR THE RESERVE June 17, 2008 (MAPS ON FILE WITH THE ST. LUCIE COUNTY GROWTH MANAGEMENT DEPARTMENT) Resolution 09-016 Reserve DRI 1220081540 Sinqle Underline is for ndditions Draft Revision, April 2009 `~°°~~,z; is for deletions Pnge 37 Legenc - 0 00 ~ Develo Industrial ~ Retail / Cc Office = 9; Residentit Hotel = 2: Golf Cour PGA Leai / \ \ \~\ \\~ ~NGE Landscape Design Reserve DRI .- Associates St. Lucie County, City of Port St. Lucie If0 5 US Nry 7. SLIN 10..' Spp 0 300 600 _ . _. . . .. ....~n ~ i 1 I ~....., i~ nnno . . ... . .. ... . . . . __ . . . EXHIBIT C UPLAND HABITAT PRESERVE AREAS FOR THE RESERVE A A d t~_=v v~ JANUARY 17, 2007 (MAPS ON FILE WITH THE ST. LUCIE COUNTY GROWTH MANAGEMENT DEPARTMENT) Resolution 09-016 Draft Revision, A ril 2009 Reserve DRI 1220081540 Sinqle Underline is for ndditions p _~-~~,:~ is for deletions Page 38 Hes~. r-omes - upiana Hreas St Lucie Countv ~`~ Common Areas/OPen 3Pece_4A80 Acres y ~<,~'?~ soa w am ua~e ~.~r.r rsso e~ - ~3e~ryp~ qr¢es 4750 Acres ~ b Cmea~wwtln Fawrcnb aPb~CeiTr'albn M LbYrM Mlaoslfed Areas 270 Ades . (CommerclaU SC Luc7e Camry Total Upla~k 9920 Acres City of Port Sf. Lucie Microstted Areas 2t40 Acres (CommemlaU ~ Preserve Areas Mote U 9~40 Acres Verarro 0/ISlte ~^'^'° ~~ tt0 Acres Ciry of Port SY Luae Total Upland 13180 Acres Tota/ Upland Presenred.~ 231.00 Acres Other Areas in the Reserve Microsited Areas 149 Acres (CommerctaU Conservetlon Areea 15.84 Acres wrer.a,t~r ro wm..o~m ~ssMm. a na'~ed m ae eamba nr ~7 pGA Gol/ CpNSes 92 Aaes ~v at ww cc~.~y amum~mi umem~rai Total Upland Preserved M~a 3~ 340.33 res/ o° +p~ Note t Exact Ioc~Uon of Up1arM Preserve Areas within 1he Ciry of Pat SL Lucie Indushiel Park are goim~ to be determined ot time of Firtal Site Plan Application, as part of the 25Ai Upland Preservatton requirement. Note 2. Verano Olf-site Preserve Areas subject ro approval 6y the Ciry of Port St Lucie Note 3: This amowrt assumes that the Development Order far the Reserve ORI !s amended to remove certain lana's and reduce the uPland preservation requlremenGa as contemplated by ihe Settlement Agreement ro which this exhibit is attached. Landscape Design Assoc7ates ~cro s us tn.r t swre rai Part SG Luc~4 R 34852 772-0145BI8 M PROPOSED Ai. .JDED EXHIBIT "C" DRI Boundary City Boundary ~ // (229.12 acresj 0 ~~~ ~. ~' %~ ,~ ~ ~ .~ a PCO~RSE i ~ CMV couaiT ry9 ~~ QOD ~ POD 3a Q P~v \ U~~ O ~ .". S i ~` i-95~ +~~ irviERCHANGE 7 ~ PovN9Td £LL4 fmm,pCaCe~ (.gxxel~.ic'al p ]1WW 6' ~ c ~ • ~. Reserve St Lucie County Upland Ma p Exhibit C ~r n~ Sh~ ~°f , ~ ean~