HomeMy WebLinkAboutPDS-12-001 - The Reserve DRI - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE #l 3668033 01 27 2012 at 02:52 PM
OR 800K 3358 ?,4GE 1507 - 1515 Doc Type: ORD
RECOR~11P~iG' $?B_00
PDS 12-001
(File No. BCC 1220114374)
AN ORDER GRANTING STATUTORY EXTENSION
PROVIDED BY THE COMMUNITY PLANNING ACT TO
THE SCHEDULED TERMINATION DATE TO THE
PREVIOUSLY APPROVED DEVELOPMENT OF
REGIONAL IMPACT FOR THE PROJECT KNOWN AS
THE RESERVE DRI.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for Development Order extension timely submitted and in accordance with the provisions of
The Community Renewal Act submitted by Kolter on behalf of The Reserve Development of Regional
Impact and has made the following determinations:
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
Callaway Land & Cattle Company filed a Development of Regional Impact Application for
Development Approval with St. Lucie County, Florida and the City of Port St. Lucie, Florida, in
accordance with Chapter 380.06, Florida Statutes.
2. Callaway Land & Cattle Company originally proposed to construct 4,100 dwelling units;
1,600,000 square feet of industrial space; 390,000 square feet of retail space; 100,000 square
feet of office space; and 250 hotel rooms, constituting a Development of Regional Impact on the
real property legally described in Section D below, located in St. Lucie County and the City of
Port St. Lucie, all located in the State of Florida.
3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie
County having jurisdiction over that portion of the 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 Developments of Regional Impact.
4. On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of
which due notice was published in the Ft. Pierce News Tribune, and recommended to this
Board that the Development Order approval for the Development of Regional Impact known as
The Reserve, be granted.
5. The Board of County Commissioners of St. Lucie County, Florida, on the 15th day of December
1988, held a public hearing on the Development of Regional Impact Application for
Development Approval for The Reserve, and has heard and considered the testimony taken
there at.
6. At this public hearing, and following its closure, the Board of County Commissioners continued
any further action on this application until Tuesday, December 20, 1988.
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7. On Tuesday, December 20, 1988, the Board of County Commissioners removed from the
table, the request of The Reserve Development of Regional Impact, for Development Order
approval.
8. The Board of County Commissioners of St. Lucie County has received and considered the
assessment report and recommendations of the Treasure Coast Regional Planning Council.
9. On December 20, 1988, the Board adopted Resolution No. 88-357, effective December 28,
1988, granting development order approval to The Reserve.
10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the
County's Development Order to the Florida Land and Water Adjudicatory Commission.
11. In March of 1989, representatives of the new project developers and the Treasure Coast
Regional Planning Council reached a settlement in regard to the items under appeal and the
amended Development Order, Resolution 89-73, reflects that settlement.
12. On March 14, 1989 this Board granted approval to Resolution 89-73, effective March 21, 1989,
which amended the approved Development Order for the Development of Regional Impact
known as The Reserve, and at the same time repealing Resolution 88-357.
13. On November 12, 1991, this Board granted approval to Resolution 91-228, which amended
Condition Number 55 of Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
14. On January 22, 1993, Callaway Land and Cattle Company filed a Notification of Proposed
Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19),
Florida Statutes for a second amendment to Resolution 89-73.
15. On May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a
second amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve and determined that the proposed
amendments did not constitute a substantial deviation to the original Development Order.
16. On July 27, 1993, this Board granted approval to Resolution 93-125, which provided for a third
amendment to Resolution 89-73, the approved Development Order for the Development of
Regional Impact known as The Reserve and determined that the proposed amendments did
not constitute a substantial deviation to the original Development Order.
17. At the time Resolution 93-061 was approved by the Board, the approval was conditioned upon
the applicants, Callaway Land Cattle Company, filing with St. Lucie County, The Florida
Department of Community Affairs and the Treasure Coast Regional Planning Council a
Notification of Proposed Change to a Previously Approved Development of Regional Impact for
the purpose of reviewing the upland/wetland mitigation, transportation and any other related
conditions effecting the development of this project by November 23, 1993. The Notification of
Proposed Change was to include the comments/issues presented at the developer's pre-
application meeting held with the Treasure Coast Regional Planning Council on November 18,
1992 from which there had not yet been any official filing of proposed amendments.
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18. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change
to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida
Statutes for a fourth amendment to Resolution 89-73.
19. On September 21, 1995, the St. Lucie County Local Planning Agency/Planning and Zoning
Commission held a public hearing, of which due public notice was published in the Port St
Lucie News and the Tribune on August 17, 1995 and August 31, 1995 on the proposed
amendments to Resolution 89-73, as previously amended.
20. On October 17, 1995, this Board held a public hearing, of which due public notice was
published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995 and
September 26, 1995 on the proposed amendments to Resolution 89-73, as previously
amended.
21. On October 17, 1995, this Board granted approval to Resolution 95-195, which provided for a
fourth amendment to Resolution 89-73, the approved Development Order for the Development
of Regional Impact known as The Reserve.
22. On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land and
Water Adjudicatory Commission and Notice of Appeal of the approved Amended Development
Order for the Reserve (FLWAC Case No. 96-010).
23. On December 16, 1996, the Florida Department of Community Affairs and the developers of
The Reserve, Callaway Land and Cattle Company, Inc., entered into a Settlement Agreement
for the purpose of addressing the issues raised under the Department of Community Affairs
appeal of the approved Amended Final Development Order for The Reserve (Resolution 95-
195).
24. On January 23, 1997, the developers of The Reserve, Callaway Land and Cattle Company,
Inc., requested that the Board of County Commissioners consider an amendment to the
Amended Final Development Order for the Reserve (Resolution 95-195) based on the
settlement agreement with the Department of Community Affairs on their 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 amendment to Resolution 89-73, the approved Development Order for the Development of
Regional Impact known as The Reserve and determined that the proposed amendments, that
were based on the settlement agreement between the Callaway Land and Cattle Company and
the Department of Community Affairs on the Department of Community Affairs appeal of the
Approved Amended Final Development Order for The Reserve (Resolution 95-195) and
further that the proposed amendments did not constitute a substantial deviation to the original
Development Order.
26. On May 5, 1998, Callaway Land and Cattle Company filed a Notification of Proposed Change
to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida
Statutes for a sixth amendment to Resolution 89-73.
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27. On August 18, 1998, this Board granted approval to Resolution 98-100, which provided for a
sixth amendment to Resolution 89-73, the approved Development Order for the Development
of Regional Impact known as the Reserve.
28. On August 22, 2003, Reserve Homes, Ltd., L.P., filed a Notification of Proposed Change to an
Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes,
(NOPC) for a seventh amendment to Resolution 89-73 to, among other things, amend the DRI
Development Program to be as follows: 3,200 residential units; 500,000 square feet of
industrial space; 290,000 square feet of retail space; 100,000 square feet of office space; 250
hotel rooms; 4 golf courses with accessory buildings and a passive and an active recreation
area which may include: baseball and multipurpose fields; operational offices; welcome center;
parking for 750 vehicles; and a children's team sports training center; on 81± acres. The
NOPC also amends the boundary of the DRI to eliminate 10 acres from the DRI.
29. On April 20, 2004, this Board granted approval to Resolution 04-081, which provided for a
seventh amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
30. Whereas, on January 12, 2007, this Board granted approval of the Settlement Agreement
resolving certain issues with respect to the approved Development Order.
31. On March 19, 2007, as required by the Settlement Agreement, Reserve Homes, Ltd., L.P., filed
a Notification of Proposed Change to an Approved Development of Regional Impact pursuant
to Chapter 380.06(19), Florida Statutes, (NOPC) for an eighth amendment to Resolution 89-73
to, among other things, amend certain conditions of approval to reflect changes required by the
Settlement Agreement and to amend the DRI Development Program to be as follows: delete
the approval for baseball and multipurpose fields; operational offices; welcome center; parking
for 750 vehicles; and a children's team sports training center and replace with 76,500 square
feet of additional general office/commercial use. This replacement square footage being
equivalent in the amount of traffic generated as the deleted use.
32. On June 19, 2007, Florida Governor Charlie Crist, signed into law, Chapter 2007-204, Laws of
Florida, more commonly known as "Growth Management Reform Act". In recognition of the
2007 real estate market conditions, all phase, build out, and expiration dates for projects that
were developments of regional impact and under active construction on July 1, 2007, were
extended for three years regardless of any prior extension. The three year extension is not a
substantial deviation, is not subject to further development of regional impact review, and must
not be considered when determining whether a subsequent extension is a substantial
deviation.
33. On September 16, 2008, this Board held a 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.
34. On September 16, 2008, this Board granted approval to Resolution 08-091, which provided for
an eighth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
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35. On November 12, 2008, in accordance with the Settlement Agreement Paragraph 4.d., as
agreed, Reserve Homes, Ltd., L. P. prepared and filed the application for a Substantial
Deviation pursuant to Chapter 380.06(19), Florida Statutes, (NPOC) on behalf of St. Lucie
County, for a ninth amendment to Resolution 89-73 to: a) reduce the Native Upland Habitat
requirement to 327.5 acres; b) delete all requirements for deed restrictions for micro-sited
lands; c) remove each of the Pre-Development parcels from the lands and acreage described
in the Development Order; and, d) preserve the provisions of the Development Order that
permit micro-siting on Reserve Homes' lands and on commercial or industrial parcels.
36. On April 7, 2009, this Board held a public hearing, of which due public notice was published in
the St. Lucie News Tribune on January 31, 2009, on the proposed amendments to Resolution
89-73, as previously amended.
37. On April 7, 2009, this Board granted approval to Resolution 09-016, which provided for a ninth
amendment to Resolution 89-73, the approved Development Order for the Development of
Regional Impact known as The Reserve
38. On June 1 2009 Florida Governor Charlie Crist, signed into law, Chapter 2009-96, Laws of
Florida more commonly known as the "Community Renewal Act" (the "ACT"). In recognition of
the 2009 real estate market conditions any local government issued development order was
extended for two nears from the build out date previously granted under s. 380.06(19)(c),
Florida Statutes. The request for statutory extension must be timely made in writing by
December 31 2009 identify the specific authorization for which the extension is requested, the
intended use of the extension and the anticipated time frame for acting on the authorization.
The applicant did not apply for this extension.
39. On July 1 2011 Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws of
Florida more commonly known as the "Community Planning Act" Bill (the "Bill").
40. The Bill provides that any local government issued development order granted pursuant to s.
380 06 may be eligible to be extended and renewed for an additional period of four years after
it's previously scheduled termination date and shall not be extended beyond a total of four
ey ars.
41. The Bill provides that in recognition of the 2011 real estate market conditions, any local
government issued development order or permit that has an expiration date of January 1, 2012
through January 1 2014 may be eligible to be extended and renewed for a period of two (2)
years following its date of expiration.
42. The Bill further provides that the request for statutory extension must be timely made in writing
by December 31 2011 ~ identify the specific authorization for which the extension is requested,
the intended use of the extension and the anticipated time frame for acting on the
authorization.
43. The applicant applied for an extension on December 20, 2011.
44. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of County
Commissioners' good faith interpretation of the Bill. By accepting this extension, the applicant
agrees to hold St. Lucie County harmless in the event a court of competent jurisdiction
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determines that the extension granted by St. Lucie County were not legally granted or in the
event that the extension is subsequently revoked based on a constitutional challenge.
45. This statutory extension is exclusive of and runs concurrently with any request for approval
extension that may be provided by the St Lucie County Land Development Code. Any Land
Development Code extension must be applied for, reviewed and approved in accordance with
the provisions of the Land Development Code.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Director for County Commissioners of St. Lucie County, Florida:
A. Pursuant to the provisions of the "Growth Management Reform Act" of 2007 and "Community
Planning Act" of 2011, the Development of Regional Impact approval for the project known as
The Reserve DRI has been found to be eligible for and consistent with the provisions contained
within HB7203 and HB7207 as such that the approval granted under Resolution No. 89-73,
extended under Resolution No. 93-061 and is scheduled to expire on March 21, 2013 is
extended for seven years and shall now terminate March 21, 2020.
B. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Development of
Regional Impact approval for the project known as The Reserve DRI for a statutory extension
has been denied because the request was not timely made in writing by December 31, 2009.
C. All terms and conditions of Resolution No. 89-73 and as amended through the ninth
amendment under Resolution No. 09-016, shall continue to remain in full force and effect
unless otherwise amended.
D. In the event that a court determines that the Act is unconstitutional, the extension granted by
this order shall become null and void.
E. The legal description for the property on which this development order extension is being
granted is described as follows:
This Description Does Not Depict Lines of Ownership
A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27, 28, 34 And 35,
Township 36 South, Range 39 East, St. Lucie County, Florida, more particularly
described as follows:
Begin at the Southwest Corner of Said Section 15; Thence South 89°23'26" East,
along the South Line of Said section 15, a Distance of 812.97 Feet to the Point of
Intersection with the Westerly Line of a Parcel of Land Described in Official Records
Book 514, Pages 237-239, Public Records of St. Lucie County, Florida; Thence
North 44°46'07" East, along the Westerly Line of Said Parcel of Land, a Distance of
1393.92 Feet to the Point of Intersection with the Westerly Line of the Plat of G. O.
Team Industrial Park -Unit One, as Recorded in Plat Book 23, Page 31, Public
Records of St. Lucie County, Florida; Thence Northeasterly along the Westerly Line
of Said Plat of G. O. Team Industrial Park Unit One the Following Courses and
Distances:
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North 45°13'33" West, 660.03 Feet to the Point of Intersection with the Easterly
Right-of-way Line of the Florida East Coast Railway; Thence North 44°45'58" East
along Said Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South
45°13'53" East, 510.04 Feet; Thence South 63°39'59" East, 158.11 Feet to the Point
of Intersection with the Easterly Line of a Florida Power and Light Easement as
Recorded in Deed Book 198, Page 1040, Public Records of St. Lucie County,
Florida.
Thence South 44°45'58" West, along Said Westerly Line of Said Plat of G. 0, Team
Industrial Park -Unit One and its Northerly Prolongation and the Easterly Line of Said
Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South
89°29'01" East, a Distance of 574.47 Feet to the Point of Intersection with the East
Line of Said Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section
Forty Four, as Recorded in Plat Book 16, Page 23, Public Records of St. Lucie
County, Florida; Thence South 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 and Light Easement as Recorded in Official Records Book 90,
Page 71, Public Records of St. Lucie County, Florida; Thence South 00°21'26' West,
along the Westerly Line of Said Florida Power and Light Easement, a Distance of
3975.26 Feet to the Point of Intersection with the North Line of Said Section 23;
Thence North 89°23'16" East, along Said North Line of Section 23, a Distance of
33.09 Feet to the Point of Intersection with the Westerly Line of a Florida Power and
Light Easement, Recorded in Official Records Book 97, Page 504, Public Records of
St. Lucie County, Florida; Thence South 00°00'15" West, along the Westerly Line of
Said Florida Power and Light Easement, a Distance of 5305.53 Feet to the Point of
Intersection with the North Line of Said section 26; Thence South 00°00'02" East
along the Westerly Line of a Florida Power and Light Easement Recorded in Official
Records Book 120, Page 199, Public Records of St. Lucie County, Florida, a
Distance of 2,898.15 to the Point of Intersection with the Proposed Westerly Right-of-
way Line of the Proposed I-95 Interchange; Thence Southerly along Said Proposed
Right-of-way the Following Courses and Distances;
Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a
Radial Line Bears South 47°50' 57" East with a Radius of 600.50 Feet; Thence
Southwesterly along the Arc of Said Curve, a Distance of 176.71 Feet, Through a
Central Angle of 16° 15'37"; Thence South 59°00'40" West, 462.08 Feet to a Point of
Curvature of a Curve Concave to the Southeast, Having a Radius of 621.42 Feet;
Thence Southwesterly along the Arc of Said Curve, a Distance of 416.77 Feet
Through a Central Angle of 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 a Radius of
131.00 Feet, Thence Southwesterly along the Arc of Said 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" East, 64.11 Feet; Thence South 89°54'13" West, 300.01
Feet; Thence South 00°05'47" East, 140.00 South 05°46'23" West, 64.11 Feet;
Thence South 86°05'47" East, 960.95 Feet to a Point of Curvature of a Curve
Concave to the Southwest Having a Radius of 600.50 Feet; Thence Southeasterly
along the Arc of said Curve a Distance of 626.00 Feet Through a Central Angle of
59°43'45", to a Point of Compound Curvature of a Curve Concave to the Southwest,
Having a Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Said Curve,
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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 Official Records Book 97, Page 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 along the westerly Line of a
Florida Power and Light Easement Recorded in Official Record Book 468, Page
2897, the Following Courses and Distances:
Thence South 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, a Distance of 422.42 Feet; Thence South 89°52'17"
West, 1527.70 Feet; Thence North 40°43'16" West, a Distance of 1216.31 Feet;
Thence North 40°04'45" West, a 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 Distance of 188.61 Feet; Thence North 66°42'00" West, a
Distance of 79.81 Feet; Thence North 43°42'56" West, a Distance of 2428.68 Feet;
Thence North 44°56'04" West, a Distance of 1054.01 Feet; Thence North 44°47'33"
West, a Distance of 636.86 Feet to a Point of Intersection with the Easterly
prolongation of the Southerly Line of the Plat of Sabal Creek Phase IV, recorded in
Plat Book 34, Pages 17 and 17A, Public Records of Said St. Lucie County; Thence
North 43°08'40" West along Said Easterly prolongation and Said Southerly Line, a
Distance of 1026.67 Feet; Thence North 43°34'56" West along Said Southerly Line
and the Southerly Line of the Plat of Sabal Creek Phase II, recorded in Plat Book 24,
Pages 1, 1A thru 1 C, Public Records of Said St. Lucie County and the Westerly
prolongation of Said Southerly Line, a Distance of 5393.03 Feet to the Point of
Intersection with the Easterly Right-of-way Line of the Florida East Coast Railway;
Thence North 44°45'38" East, along the Easterly Right-of-way Line of the Florida
East Coast Railway, a Distance of 8,141.46 Feet to the Point of Intersection With The
West Line of Said Section 15; Thence South 00°36'34" West, along the West Line of
Said Section 15, a Distance of 110.12 Feet to the Point of Intersection with the South
Line of Said Section 15 and the Point of Beginning."
Containing 2,680 Acres More or Less
F. The conditions set forth in Part C are an integral non severable part of the site plan
approval granted by Resolution No. 89-73. If any condition set forth in Part C is determined
to be invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, this development order extension approval granted by this
resolution shall become null and void.
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G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 26th day of January, 2012.
Planning and Development Director
St. Lucie County, Florida
BY
Mark Satterlee, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
County
LAP
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