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HomeMy WebLinkAbout11-011JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3617690 08110/2011 at 04:35 PM OR BOOK 3315 PAGE 195 - 211 Doc Type: RESO RECORDING: $146.00 2 3 RESOLUTION 11-011 4 FILE NO.: BCC 52011 4275 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 7 OF ST. LUCIE COUNTY, FLORIDA AMENDING RESOLUTION g NUMBER 08-002, APPROVING AN EIGHTH AMENDMENT TO 9 THE AMENDED DEVELOPMENT ORDER TO THE 10 DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE 11 SAVANNA CLUB 12 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 15 testimony and evidence, including but not limited to the staff report, has made the following 16 determinations: 17 ~ ~~+~~ Rnarri of County Commissioners initiated 18 1. On December 15 2009 the St Lucie Co 19 an Amendment to Resolution Number 82-058. arantlna the elahth Amendment to the 20 Amended I~PVPlnnment Order to the rlAVeln~ment of Reaional Impact known as the 21 Savanna Club DRI f ro the ourr,ose constru Ion o e r r 22 ten (10) years. 23 24 25 26 27 28 ' 29 30 ~ ' 31 32 33 2. In 1982, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or 34 SAVANNA CLUB, filed with St. Lucie County an Application for Development Approval 35 of Development of Regional Impact, in accordance with Section 380.06, Florida 36 Statutes. 37 38 3. SAVANNA CLUB proposed to construct a residential mobile home subdivision 39 comprising approximately 2,560 mobile homes with recreation complex on a total of 40 783 acres +/- constituting a Development of Regional Impact on the real property 41 legally described in Section B below, located in St. Lucie County, Florida, east of US 42 Highway One and north of Walton Road, all located in St. Lucie County, Florida. 43 ----------------------------------------------------------------- -----------------------'--------------------- ri~~~nfP Underline is for addition ~edgH is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Page 1 _. _m .___~___.._ n n r;..~i 08/02/2011 4. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over that portion of this project located in the unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Development of Regional Impact. 5. Upon publication and furnishing of due notice, a Public Hearing was held Tuesday, March 23, 1982, before the Board of County Commissioners of St. Lucie County, Florida, to consider Resolution No. 82-058 granting approval to the final Development Order for the Regional Impact known as Savanna Club. 6. At this public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, April 27, 1982. 7. The Board of County Commissioners considered the testimony, reports and other documentary evidence submitted at said public hearing by SAVANNA CLUB, the Treasure Coast Regional Planning Council (TCRPC), St. Lucie County staff as well as the public, and 8. On April 27, 1982, the Board adopted Resolution 82-058, granting Final Development Order approval to the Savanna Club, a Development of Regional Impact. 9. On June 8, 1982, this Board granted approval to Resolution 82-074, which amended Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. 10. On May 13, 1986, this Board granted approval to Resolution 86-110, which amended the Final Development Order, by adding Conditions 10A and 10B, and by amending Section IV (revised due date for the required annual report) of the Final Development Order for the Development of Regional Impact known as Savanna Club, based on the settlement agreement dated March 31, 1996 between the Department of Community Affairs and the developers of the Savanna Club (a copy of said settlement agreement is attached to Resolution 86-110). 11. On July 28, 1987, this Board granted approval to Resolution 87-062, which amended Condition Number 16 of the Final Development Order for the Development of Regional Impact known as Savanna Club. 12. On September 18, 1997, Savanna Club Corporation, the successor developer to the Savanna Club, filed a Notice of Proposed Change to an approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes, for a fourth amendment to Resolution No. 82-058. 13. On February 17, 1998, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on February 5, 1998, on the proposed amendments to Resolution No. 82-058. ------------------------------------------------------ --------------------------------------------------------------------- Do Bbl - ind -rlin is for addRion StFike-~hreegh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 g Final - 8`h Amendment to D.O. -Final 08/02/2011 14. On September 2, 2003, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on August 22, 2003, on the fifth series of amendments to Resolution No. 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and continued the pubic hearing on this matter until September 9, 2003. 15. On September 9, 2003, this Board reconvened the public hearing on this matter and accepted additional comments and testimony in regard to the proposed amendment to the existing Development Order for the Development of Regional Impact known as Savanna Club and following that public hearing approved Resolution 03-184, approving the Fifth Amendment to Resolution No. 82-058. 16. On March 2, 2004, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on February 21, 2004, on the sixth series of proposed amendments to Resolution 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and following that public hearing approved Resolution 04-019, approving the sixth amendment to Resolution No. 82-058. 17. n March 1.2007. Community Savanna Club Joint Venture oresented a petition f r a Amendment of Resolution Number 82-058. aoorovina a seventh Amendment to the mended Development Order to the Develooment of Regional Impact known a_ the Savanna Club to allow the conversion of three residential lots to commPrrfal to Dermit estate sales office for the ouroose of the resale of existing on-site homes. situated within the Savanna Club PUD. Phase VI -VIII. for the Droiect to be known as Savanna Club Sales Center. located on the east side of Crabaool _ Drive. directly north f the Golf Pro Shop and Maintenance Facility. 18. On February 19, 2008, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on December 21, 2007, on the seventh series of proposed amendments to Resolution 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and following that public hearing approved Resolution 08-002, approving the seventh amendment to Resolution 82-058, and the Board continued the public hearing to the March 4, 2008. 19. On March 4, 2008, this Board re-opened the public hearing, on the seventh series of proposed amendments to Resolution 82-058. 20. The Board believes that approving this se~elat# ~ amendment to the Final Development Order (Resolution No. 82-058) for the Savanna Club is not contrary to the public interest nor inconsistent with the health, safety, and welfare of the citizens of the St Lucie County. 21. On Augu st 2. 2011. this Board held a oublic he ari_na. of which due Dublic notice was published in the St. Lucie News Tribune on J ulv 18. 2011. on the eighth series of orooosed amendments to Resolution 82-058 and notifying by mail all owners of prooertv within 500 feet of the subiect orooert v. and following that oublic hearing Double Underline is for addition Stfike-~#-redgq is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Page 3 Final - 8'h Amendment to D.O. -Final 08/02/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 adopted Resolution 11-011 approving the eighth Post Development Order Amendment to Resolution 82-058. 21. The Board of County Commissioners continues with the following FINDINGS of FACT and CONCLUSIONS of LAW with regard to the Application of Development Approval as cited in Resolution No. 82-058: AMENDED FINDINGS OF FACT A. The proposed Development is not in an area of Critical State Concern as designated pursuant to the provisions of Chapter 380.06, Florida Statutes. B. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located. C. That the conditions, limitations and definitions found in Part A below, are made a part of this Development Order herein granted subject to these express conditions which conditions and recommendations are found to be consistent with the report and recommendations adopted by the Treasure Coast Regional Planning Council on November 20, 1981 for the SAVANNA CLUB DRI. D. The proposed Development is consistent with the local comprehensive plan, development laws and regulations of St. Lucie County. E. The proposed Development does not constitute a substantial deviation to the approved Development Order as defined under Chapter 380.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. That in a public meeting, duly constituted and assembled this , nd day of August. 2011. Resolution 11-011 which amends Resolution No. 82-058 granting Development Order Approval to the Development of Regional Impact known as the Savanna Club, is hereby APPROVED subject to the following conditions, restrictions and limitations: Section 1: The following information submitted by the Applicant shall be made a part of and an express condition of this Development Order: a. All housing units in the Development will be doublewide mobile homes, which shall be permanently affixed to the real property prior to occupancy and the applicant shall cause each buyer to execute an appropriate document evidencing intent and acceptance of his intent to purchase real property and to accept real property taxation thereof. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Strikes#redgh~ is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8'h Amendment to D.O. -Final Page 4 08/02/2011 b. That SAVANNA CLUB shall prior to issuance of a building permit, Phase I, subject property, donate 120 acres in the northeast corner of the project site to the State of Florida, Department of Natural Resources for inclusion in the Savannas Preserve. The lands covered under this grant constitute approximately 70 acres of Savannah marsh and 50 acres of upland (as shown on Exhibit PD-2 of the TCRPC Assessment Report). Section II APPLICATION FOR DEVELOPMENT APPROVAL The SAVANNA CLUB Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the ADA shall include the following items: a. Savanna Club DRI/ADA, submitted June 26, 1981; b. Savanna Club DRI/ADA, supplemental information, submitted April 14, 1981; c. Letter and attachments dated October 21, 1981 from Thomas A. Sheehan III, to Sam Shannon regarding wetlands; d. "U. S. 1 Capacity Analysis" prepared by Tipton Associates Incorporated and dated October 30, 1981. (Amended through Resolution 03-184, September 2, 2003) COMMENCEMENT OF DEVELOPMENT 2. In the event the developer fails to commence significant physical Development within three years from the effective date of the Development Order, Development approval shall terminate and the Development shall be subject to further consideration pursuant to Section 380.06, Florida Statutes. Significant physical Development shall mean site preparation work for any portion of the project. HISTORIC AND ARCHAEOLOGICAL SITES 3. In the event of discovery of archaeological artifacts during project construction, the applicant shall stop construction in that area and notify the Bureau of Historic Sites and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the applicant -SAVANNA CLUB. (Amended through Resolution 03-184, September 2, 2003) Double Underline is for addRion Strike~gredgp is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Page 5 Final - 8'" Amendment to D.O. -Final 08/02/2011 1 VEGETATION AND WILDLIFE 2 3 4. The applicant shall contact the Game and Freshwater Fish Commission 60 days prlor 4 to clearing to initiate what measures might be deemed necessary and available for 5 relocating wildlife found on site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.) 6 '7 WETLANDS 8 9 5. The Applicant shall develop the project so that, upon completion, the site, as lega y 10 described in the ADA, will contain 64 acres of viable and productive wet prairies, 11 ponds, and littoral zones. This shall be in addition to any presently existing wetlands, 12 including but not limited to, wet prairies, marshes, ponds, and littoral zones contained 13 in the area to be deeded to the State, as shown on Exhibit PD-2 of the TCRPC 14 Assessment Report. The creation of 64 acres of wet prairies, ponds and littoral zones 15 shall not include canals and drainage ditches. Included in the 64 acres of wetlands 16 shall be 14 acres of wet prairie in the upland buffer area of the 120 acre parcel to be 1 ~ deeded to the State for inclusion in the Savanna Preserve. The other 50 acres of new lg wetlands shall be created on the remaining portion of the project site. In the event the 19 management agency for the Savanna Preserve does not approve the creation of 14 20 acres of wet prairie in the upland buffer, only the 50 acres of wetlands on the 21 remainder of the site will be required to satisfy this condition. The wetlands shall be 22 designed, constructed and maintained in a manner to mimic natural wetlands and to 23 replace the functions lost through destruction of existing wetlands to the maximum 24 extent technically feasible. The applicant shall coordinate the Development of the plan 25 for maintaining or creating wetlands with the South Florida Water Management District, 26 the Florida Game and Freshwater Fish Commission, and the Florida Department of 27 Natural Resources prior to commencing said Development. Any plans for wetlands 28 creation shall include design of bottom contours, plans for vegetating and description 29 of proposed water regimes. 30 31 DRAINAGE -LITTORAL ZONE 32 33 6. The applicant shall prepare a planting and management plan for the littoral zone that 34 surrounds the lake system. The plans shall include the types extent and timing of 35 planting that will be provided in the littoral zone. Also, included in the plan shall be the 36 identification of any management activities that are intended to ensure the continuance 37 and health of the littoral zone. The plan shall be subject to the approval of St. Lucie 38 County, in consultation with the Treasure Coast Regional Planning Council prior to 39 beginning excavation of the lake system. 40 41 DRAINAGE -WATER TABLE 42 43 7. The drainage system shall be designed to assure that the lowering of the water tab e 44 on-site will not negatively affect the wetland systems on adjoining properties, 45 especially those systems that are currently on land owned by the State as part of the 46 Savanna natural preserve. The drainage system design shall be subject to the 4~ approval of St. Lucie County in consultation with the Treasure Coast Regional ------------------------------------------- ---------------------------------'-'-----------rinuble l~nderline is foradd'Rion Stfike-~redgb is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Page 6 Resolution 11-011 08/02/2011 Final - 8`" Amendment to D.O. -Final Planning Council, South Florida Water Management District, and the Department of Natural Resources prior to any Development occurring on-site. DRAINAGE -WATER SUPPLY FOR IRRIGATION 8. The applicant shall explore an alternate source of water for irrigation other than the lake drainage system as proposed. In the event the lake drainage system is utilized for irrigation purposes, it shall not result in withdrawal for said purposes below any permitted control level. The plan for securing irrigation water shall be subject to the approval of St. Lucie County, in consultation with the South Florida Water Management District prior to initiating construction of the lake drainage system. DRAINAGE -GOLF COURSE DESIGN 9. The applicant shall prepare a detailed site plan that includes adequate topographic detail for the proposed golf course that assures that minimum direct runoff into the lake system will occur. The plan shall be subject to the approval of St. Lucie County, in consultation with Treasure Coast Regional Planning Council and the South Florida Water Management District prior to beginning Development of the golf course. DRAINAGE -SAVANNAH MARSH 10. The drainage system shall be designed to assure that natural hydroperiods, especially the historical water flow from the site, are provided to the Savannah Marsh. The drainage system design shall be subject to the approval of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council, South Florida Water Management District, and the Department of Natural Resources prior to any Development occurring on-site. The applicant shall provide any necessary or recommended monitoring of water quality run-off into Hog Pen Slough as specified by South Florida Water Management District or Treasure Coast Planning Council recommendations or St. Lucie County staff recommendations. Final determination subject to these recommendations shall be made by St. Lucie County before final building permits by St. Lucie County. 10 A. The developer shall institute a monitoring program at the time of completion of the surface water system along the east side of the Development site. Monitoring requirements are to include: 4U A. Measurement of monthly rainfall amounts, said measurement to be made at 41 any site within approximately a one mile radius of the project; 42 43 B. Metering of surface water discharge from the project site at the pump 44 installation and a summary of the amount of surface water discharge during 45 each month; and 46 --------------------------------------~--------Do~bl---nd rlin is for addition S#ike-~redgM is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Page 7 Final - 8th Amendment to D.O. -Final 08/02/2011 1 2 3 4 5 6 C. Monitoring of water levels at least once every six weeks for a period of no less than three years at the following sites: i. Savanna monitoring point S1; ii. The surface water system on the project site, specifically at the locations: 1. A series wells 25 through 30, and, 2. E series wells 25, 27, 29 and 31. If necessary or desirable, substitute sites in proximity to the ones identified above may be designated by the developer following approval by the Department of Community Affairs (DCA) in consultation with the Department of Environmental Regulation (DER) and the South Florida Water Management District (SF WMD). (Amended through Resolution 86-110, May 27, 1986 and through Resolution 03-184, September 2, 2003) 106. In July of each year after inception of the monitoring program, the developer shall summarize all data and include these data in the annual monitoring report. Copies of the annual report shall be submitted to the SFWMD, Florida Department of Natural Resources (DNR), the Southeast Florida District Office and the Bureau of Groundwater Protection and Waste Management of DER, the Treasure Coast Regional Planning Council (TCRPC) and DCA. These agencies shall review the monitoring data and, if necessary, representatives of these agencies shall meet with the developer within 45 days of receiving the report to discuss the possible modifications to the drainage system that would provide for the maintenance of historic water flows to the Savanna wetlands. If DCA, with the advice of the reviewing agencies, determines that the drainage system must be modified, then the developer shall amend the Development Order and SFWMD permits to reflect he recommended modification. The modifications, if required, would involve a change in the pumping schedule and/or pump control elevation during the dry season. (Amended through Resolution 86-110, May 27, 1986 and through Resolution 03-184, September 2, 2003) RECREATION AND OPEN SPACE 11. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25 parking spaces and provide a dune walkover (dune hopper), or make a payment in lieu thereof, which shall be located on Hutchinson Island, in St. Lucie County, south of the FPL power plant, or in Martin County. FIRE PROTECTION 12. The Applicant shall contribute $100,000.00 as a share of the cost of acquiring a site, buildings and equipment for a fire station east of U. S. Highway One to serve the Savanna Club and vicinity. The contribution shall be payable under the following terms and conditions: $20,000.00 payable within 30 days of issuance of the first mobile home permit for Phase I; an additional $40,000.00 upon energizing the first 400 units; and Doable Underline is for addition Stfike~gfedgq is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8`" Amendment to D.O. -Final Page 8 08/02/2011 the balance of $40,000.00 payable upon energizing the first 1,000 units. Additionally the Applicant shall extend atwo-year option to the Ft. Pierce-St. Lucie County Fire District to elect a site 150' x 150' at an agreed location within the proposed Development for purposes of a fire station. If this land is accepted by the Fire District as a site for construction of a fire facility, then the Applicant shall receive a 25% discount ($25,000.00) or credit against the $100,000.00 agreed contribution. DISASTER PREPAREDNESS (Amended through Resolution 03-184, September 2, 2003) 13. At such time as the new on-site auditorium and fitness center/recreational facility are issued certificates of occupancy, the applicant shall provide or have provided for a total of 23,245 square feet of on-site public shelter spaces for disaster preparedness that will be dedicated for the use of Savanna Club residents and their guests and relatives. The foregoing square footage amount of shelter space is determined to be adequate to handle the needs generated by this Development so long as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following criteria or standards: a) 75% of the population of this Development are assumed to be year round residents (i.e. present during hurricane season); b) 100% of the above year round residents will be evacuated during hurricanes; c) 40% of the those person evacuating would go to public shelters; d) A minimum of 20 sq ft per person (i.e. shelter space) shall be provided by the applicant. The shelter space shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendation of the County Public Safety Director. All spaces shall be designated and accepted by the St.. Lucie County Department of County Public Safety. Until such time as the Certificates of Occupancy, or equivalent authorizations, are issued that allow for the occupancy and use of these on-site buildings/facilities providing the required shelter space, the developers shall be required to maintain the existing off-site shelter areas in accord with the original standards of this condition. Upon the issuance of the Certificate of Occupancy or equivalent authorizations, and the equivalent authorization permitting and certifying the use of the on-site buildings/facilities as shelter space, the requirement for off-site shelter space shall no longer be valid. (Amended through Resolution 82-074, Apri127, 1982 and Amended through Resolution 98-011, February 17, 1998 and Amended through Resolution 03-184, September 2, 2003 and Amended through Resolution 04-019, March 2, 2004) --------------------------------------------------------------------------------------------------------------------------- Double Undedine is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Page 9 Final - 8`" Amendment to D.O. -Final 08/02/2011 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 TRANSPORTATION 14. The applicant shall submit its request to Florida Department of Transportation (FDOT) to permit the restriping and rephasing of the intersection of the entrance roadway and U.S. 1 within 60 days of the date of approval of Resolution 03-184 and will in good faith, pursue the obtaining and issuance of this permit, and will make the permitted modifications to said intersection with 45 days after receiving said permit from FDOT. If the developer does not proceed in good faith towards the completion of this intersection improvement, the County Commission may, upon notice to the developer, suspend the issuance of further building/ tie down permits within in the Savanna Club Community until the works are completed. (Amended through Resolution 03-184, September 2, 2003) 15. No more than 1,500 units may be energized until the extension of Lennard Road from Walton Road north to the entrance road from U.S. 1 is completed and opened to traffic or an alternative, adequate security for the ultimate construction of same by St. Lucie County, in the form of credit, performance bond, cash or other security acceptable to St. Lucie County, is provided to St. Lucie County by the Applicant. (Amended through Resolution 03-184, September 2, 2003) (This Condition is hereby satisfied through Resolution 11-011, August 2, 2011) 15A Implementation of the federal portion of the Lennard Road extension shall be deferred to August 2 021 The reauired second entrance into the Savanna Club shall be provided via the existina section of Lennard Road north of Walton Road and connect to the Savanna Club via Bromeliad Circle (Amended through Resolution 11-011, August 2, 2011) 16. The Applicant shall provide traffic improvements necessary to maintain both Level of Service D during the peak season (Jan. -March) and Level of Service C for annual average daily traffic at the following intersections. U.S. 1 and Prima Vista Boulevard. U.S. 1 and Midport Road/Walton Road The Applicant's responsibility is based on existing traffic, traffic generated by the project, and increased traffic resulting from projected growth in the area as set forth in the ADA. In maintaining the required Level of Service, the applicant shall not be responsible for providing improvements to accommodate traffic generated by any future major developments that exceed the thresholds for Developments of Regional Impact as presently defined in Chapter 27F-2, Florida Administrative Code, or that are Developments of Regional Impact as defined in Florida Statute 380.06 and are approved subsequent to the issuance of the Development Order for this project. Such traffic shall not be calculated in determining the required Level of Service. This responsibility shall terminate one (1) year after product is completed. -------------------------------------------------------------------------------------------------------------------------- - Double Underline is for addition Str~e-Th~# is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution OS-002) Resolution 11-011 Final - 8`" Amendment to D.O. -Final Page 10 08/02/2011 z 3 4 6 7 8 In lieu of developer installing improvements to the intersection of US #1 and Port St. Lucie Boulevard, Club shall pay to St. Lucie County the sum of $25,000.00 as its contribution to the County programmed improvements to this intersection. Said $25,000.00 shall be due to St. Lucie County on September 25, 1987. The foregoing has been satisfied by FDOT improvements constructed during the widening of US 1. Applicant shall have no further liability under this Condition 16. (Amended through Resolution 87-062, July 28, 1987 and Amended through Resolution 03-184, September 2, 2003) 17. Commencing the first winter season after the effective date of the Development order and continue every winter season (Jan.-March) thereafter until one (1) year after Development completion, the applicant shall undertake a study of traffic, conditions along U.S. 1. Such study shall along U. S. 1, determine traffic volumes, traffic generation by the Development, and operating conditions along U. S. 1 between CR 712 and SR 707. The study shall include an analysis of those intersections delineated in Conditions 14 and 16 above, the study shall be coordinated with the Treasure Coast Regional Planning Council, Florida Department of Transportation, St. Lucie County, and City of Port St. Lucie and shall be provided as part of the annual report required by Subsection 380.06(16) Florida Statutes. Further, the Applicant shall meet with General Development Corporation and St. Lucie County staff, to assist in a County staff recommendation defining areas and scope of obligations for the four (4) laning of Walton Road between Village Green Drive and Lennard Road under Midport DRI and Club DRI Development Orders. The County Commission shall provide a final determination of the responsibilities for four (4) laning Walton Road based upon the recommendation provided by County staff. That the memorandum of St. Lucie County Development Coordinator dated December 11, 1972, page 3, under transportation, and continuing through item 14, 15, 16, 17 and page 5, additional staff comments, (1) (2) are incorporated by reference and attached hereto for further definition and clarification to this transportation condition. ENERGY 18. In the final site plans, the developer shall incorporate those energy conservation measures identified on pages 43 and 44 of the ADA Addendum and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. To evaluate the success of including such conservation measures, the applicant shall provide the Council with information as to the status of implementation of these measures in the annual report required by Subsection 380.06(16), Florida Statutes. 19. All heated swimming pools built on-site shall be heated primarily by renewable energy sources (such as solar energy). --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Stfike-~reugp is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8'" Amendment to D.O. -Final Page 11 08/02/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 20. A solar domestic hot water system shall be specifically offered to all prospective buyers 21. Only air conditioners with energy-efficient ratios (EER) of 8.0 or higher may be offered to mobile home purchasers. 22. The applicant shall provide for the installation of water saving fixtures (e.g., three gallon toilets, flow restrictors) in all new units. 23. Mobile homes with a full line of energy efficient appliances shall be offered to all prospective buyers by the applicant. HEALTH CARE 24. The applicant Savanna Club, shall provide first aid and oxygen stations at the project club house and training of management personnel at the clubhouse in CPR and general first aid techniques. The homeowners association may also wish to consider an appointed guardian program" similar to those established at other mobile home retirement communities in the region. 25. Subject to compliance with applicable provisions of the St. Lucie County Land Development Regulations, the applicant of Savanna Club shall have the right to construct and operate an onsite real estate office building not to exceed 2,000 square feet, which shall be utilized solely to facilitate the rental and sales of residential units within the Savanna Club development, as depicted on the site plan prepared by Culpepper &Terpenng, Inc., dated February 2, 2006 and last revised on January 19, 2007 and date stamped received by the St. Lucie County Growth Management Director on October 26, 2007, subject to the following limiting conditions: No outside sales shall be permitted from this real estate office. 2. Prior to the issuance of building permit, a landscaping buffer no less than 10 feet in depth shall be provided around the perimeter of the three (3) lots combined. 3. Prior to commencement of any new construction activity at the site, the property owner, his successors or assigns must provide, pursuant to 7.09.03, an updated landscaping plan consistent with revised site plan prepared by Culpepper & Terpenng, Inc., dated February 2, 2006 and last revised on January 19, 2007 and date stamped received by the St. Lucie County Growth Management Director on October 26, 2007, to the Environmental Resource Department for review and --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Stfike-~edgk} is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8`" Amendment to D.O. -Final Page 12 08/02/2011 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 approval. 4. Prior to the issuance of building Storm Water Permit is required in 7.07.00 and 11.05.07 of the Development Code. permit a St. Lucie County accordance with Sections St. Lucie County Land (Amended through Resolution 08-002, February 19, 2008} B. The legal description for the property under this Development of Regional Impact Application for Development Approval, is as follows: Legal Description Lots 13 to 16, inclusive, in Block 3; and Lots 9 to 16, inclusive, in Block 4; all being in Section 24, Township 36 South, Range 40 East, as shown on map or plat of ST. LUCIE GARDENS, recorded in Plat Book 1, page 35 of the public records of St. Lucie County, Florida. All of Block 1, Lots 1, 2, 3, 4, 13, 15 and 16 in Block 2; Lots 1 to 4, inclusive, and Lots 11 23 to 16, inclusive, in Block 3, AND Lots 9 to 16, inclusive, in Block 4, all being in Section 25, Township 36 South, Range 40 East, as shown on said map or plat of ST LUCIE GARDENS. All of Lot 2; the South '/: of Lots 3, 4, 5, and 6; and Lots 8 to 16 inclusive; all in Block 3, in Section 19, Township 36 South, Range 41 East, as shown on said map or plat of ST LUCIE GARDENS. All lying and being in St. Lucie County, Florida. Said project contains 783 Acres, more or less (Amended through Resolution 11-011, August 2, 2011) C. The legal description for the three subject parcel situated within the above mentioned Development of Regional Impact Application for Development Approval, is as follows: Legal Description Being all of Lots 1, 2, 8 3, Block 67, according to the Plat of Fairways at Savanna Club, as recorded in Plat Book 48, Page 39 of the public records of St. Lucie County, Florida. Amended as block 77 as Recorded in O. R. Book 2354, Page 2599. D. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the St. Lucie County Growth Management Department Director, for a determination by the Board of County Commissioners of St. Lucie County as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The Board of Commissioners of St. Lucie County shall make its determination of substantial deviation at a public hearing after notice to the developer. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Std~e-~greug#~ is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8"' Amendment to D.O. -Final Page 13 08/02/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E. St. Lucie County shall monitor the Development of the project to ensure compliance with this Development Order. The St. Lucie County Growth Management Department Director shall be the local official assigned the responsibility for monitoring the Development and enforcing the terms of the Development Order. The Growth Management Department Director may require periodic reports of the developer with regard to any item set forth in this Development Order. F. The developer shall make an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted by July 31St of each year. The annual report shall address all development activities from July 1 of the preceding year through June 30 of the year in which the report is submitted. The annual report shall, in addition to all monitoring reports required under the conditions of this Development Order, include the following: 1. Any changes in the plan of Development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; 2. A summary comparison of Development activity proposed and actually conducted for the year; 3. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; 4. Identification and intended use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; 5. An assessment of the developer's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the Development undertaken; 6. Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be flied during the next year; 7. An indication of a change, if any, in local government jurisdiction for any portion of the Development since the Development Order was issued; 8. A list of significant local, State, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Stfike-~hreag~ is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8'h Amendment to D.O. -Final Page 14 08/02/2011 1 2 g. The annual report shall be transmitted to Sn LCouncl lithe Florida Department 3 Lucie, the Treasure Coast Regional Plann g 4 of Community Affairs, the South Florida Water Management District, and such additional parties as may be appropriate or required by law; 5 6 7 10. A copy of any recorded notice of the adoption of a Development Order or t e 8 subsequent modification of an adopted Development Order that was recorded 9 by the developer pursuant to Subsection 380.06(15), Florida Statutes; and 10 11 11. Any other information requested by th mmunit oDevelopment Director t u be 12 County or the St. Lucie County Co Y 13 included in the annual report. 14 to this amended 15 G. The definitions found in Chapter 380, Florida Statutes, shall apply 16 Development Order. 17 1 g H. This amended Development Order It salunderstoodl that any reference Therein to any 19 assignees or successors In Interest 20 governmental agency shall be co ccessor n nterest touorrwhich otherwise possesses 21 be created and designated as su 22 any of the powers and dutiended Development Ordeernment agency in existence on 23 the effective date of this am 24 25 I. The approval granted by this amenod the deve~oper t OCOmply with Ial~ other applicable 26 be construed to obviate the duty 27 local, State, and federal permitting requirements. 28 29 ~. In the event that any portion ornsftutionaltbly acourt of competentt Orisdictioneesuch 30 to be invalid, illegal, or unco 31 decision shall in no manner affect the remaining portions or sections of this amended 32 Development Order, which shall remain in full force and effect. 33 34 K. This amended Development Order shall become effective upon adoption. 35 36 L. Certified copies of this amended ~ of CommmunitOyrAffa ~sathe Treasure Coast Reglional 37 by certified mail to the Departure 38 Planning Council, and Savanna Club. (Amended through Resolution 03-184, September 2, 2003) 39 _ 40 41 M. Within 21 days of the effective dat ticet olf adoptionn ofrrthis lordeeSnlucompliance w5th 42 the developer, shall record a no 43 Chapter 380.06(15)(f), Florida Statutes, with copies of said notice being provided to 44 the Florida Department of Community Affairs, Treasure Coast Regional Planning 45 Council and St. Lucie County. -------------------------------- n.. ,trip i inderline is for addition -------------------------------- ~ke~preug h is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Page 15 Resolution 11-011 08/02/2011 Final - 8`" Amendment to D.O. -Final 2 F 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 fter motion and second, the vote on this resolution was as follows: Chris Craft, Chairman Aye Chris Dzadovsky, Vice-Chair Aye Paula A. Lewis, Commissioner Aye Frannie Hutchinson, Commissioner Aye Tod Mowery, Commissioner Aye PASSED AND DULY ADOPTED this 2nd day of August, 2011. BOARD OF UNTY COMMFLOR DA S S U IE C B ha' n ~-`~~' APPROVED AS TO FORM ATTEST '";. AND CORRECTNESS - , ~~ :1. ,~~~.~~= ~ County Attorney eputy Clerk ~=~~; ~ ~,,, s h-- ---------------------------------- ---------------------------------------------- n~~~niPiinderlineisforaddition Str~e~#euQk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 08-002) Resolution 11-011 Final - 8'" Amendment to D.O. - Final Page 16 08/02/2011 EX~iIBIi' A °