HomeMy WebLinkAbout12-004JOSEPH E. SMITH, CLERK OF THE C1RCUlT COURT
SAINT LUCIE COUNTY
FIIE # 3779445 12/13/20'12 at 12:12 PW~
OR BOOK 3q63 PAGE 883 - 925 Doc Type: RESO
RECORDING: g3g7 pp
RE54LV i iON NO. 12-004
A RESOLUTION AMENDIN6 RESOLUTIONS 89-73,
91-228, 93-061, 93-125, 95-195, 97-023, 97-086,
98-100, 04-081, 08-091 AN~ 09-016 APPROVIN6 A
~ TENTH AMENDMENT TO THE AMENDED
~EVELOPMENT ORDER TO THE DEVELOPMENT OF
RE6IONAL IMPACT KNOWN AS THE RESERVE
WHEREAS, the Board of County Commissioners of St. Lucie County, Floridn, has made the following
determinntions:
1. Cnllaway Lnnd ~ Cnttle Company hns filed n Development of Regional Impact Applicntion for
Development Approvnl with St. Lucie County, Floridn and the City of Port St. l.ucie, Florida,
in accordnnce with Chapter 380.06, Florid4 Statutes.
2. Culluwny Land 6~ Cattle Company originally proposed to construct 4,100 dwelling units;
1,600,000 squnre feet of industrial spQCe; 3~9Q,000 squnre feet of retail space; 100,000
square feet of office space; and 250 hotel rooms, constituting u Development of Regionnl
Impnct on the renl property legally described in Section B below, located in St. Lucie County
and the City of Port St. Lucie, all IocQted in the State of Florida.
3. The Baard of County Commissioners of St. Lucie County as the governing body of St. Lucie
County having jurisdiction over thnt portion of this pro ject located in the unincorpornted
areus of St. Lucie County, pursuant to Chnpter 380, Florida Statutes, is nuthorized and
etnpowered to consider Applications for Development Approval for Developments of Regional
Impnct.
4. On Decetnber 8, 1988, the St. Lucie County Locol Plnnning Agency held a public henring of
which due notice wns published in the Ft. Pierce News Tribune, and recommended to this
Board thnt the ~evelopment Order approval for the Development of Regionnl 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 henring on the Development of Regional Impact Application
for Development Approvnl for The Reserve, nnd hns henrd and considered the testimony
taken there at.
6. At this public henring, and following its closure, the Board of County Commissioners
continued nny further action on this npplicution until Tuesd~, 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 ~evelopment Order
npprovQl.
Resolution 12-004 Sinale Underline is for additions ~ecember 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 1
8. The Bonrd of County Commissioners of St. Lucie County has received nnd considered the ~
assessment report and recommendations of the Trensure Coast Regional Planning Council.
9. On December 20, 1988, the Bonrd udopted Resolution No. 88-357, effective December 28,
1988, grnnting development order approval to The Reserve.
10. On Jnntaary 20, 1989, the Trensure Const Regional Plnnning Council voted to nppenl the
County's Development Order to the Florida Land and Water Ad judicntory Commission.
11. In March of 1989, representntives of the new project deve{opers nnd the Treasure Const
Regionnl Plnnning Council reached o settlement in regnrd to the items under appeui and fihe
nmended Qevelopment 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 approved ~evelopment Order for the Development of Regionnl
Impact known as The Reserve, nnd nt the same time repealing Resolution 88-357.
13. On November 12, 1991, this Bonrd grnnted approval to Resolution 91-228, which amended
Condition Number 55 of Resolution 89-73, the app~oved Qevelopment Order for the
Development of Regional Impact known as The Reserve.
14. On Jnnunry 22, 1993, Callaway Land and Cnttle Compnny filed Q Notificntion of Proposed
Change to un Approved Development of Regional Impact, pursunnt to Chapter 380.06(19),
Florida Stntutes for a second amendment to Resolution 89-73.
15. On May 25, 1993, this Bonrd granted npprovnl to Resolution 93-061, which provided for n
second nmendment to Resolution 89-73, the approved ~evelopment Order for the
~evelopment of Regionnl Impnct known ns The Reserve nnd determined thnt the proposed
nmendments did not constitute a substnntinl deviation to the original Development Order.
16. On July 27, 1993, this Bonrd granted approvul to Resolution 93-125, which provided for a
third amendment to Resolution 89-73, the npproved Development Order for the
Development of Regionnl Impact known ns The Reserve nnd determined that the proposed
umendments did not constitute n substnntial devintion to the original Development Order.
17. At the time Resolution 93-061 wns npproved by the Boord, the approvn) wns conditioned
upon the nppiicants, Callaw~ Lnnd Cuttle Compnny, filing with St. Lucie County, The Florida
Depnrtment of Community Affairs nnd the Treasure Coast Regionnl Planning Counci) n
Notificution of Proposed Change to a Previously Approved Development of Regional Impact
for the purpose of reviewing the uplnnd/wetlnnd mitigntion, transportation and any other
related conditions effecting the development of this pro ject by November 23, 1993. The
Notification of Proposed Chnnge wus to include the comments/issues presented nt the
developer's pre-npplicntion meeting held with the Trensure Coast Regional Planning Council
on November 18, 1992 from which there had not yet been nny official filing of proposed
amendments.
Resolution 12-004 Sincle Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S*ril~e-~w is for deletions Pnge 2
18. On May 25, 1993, Cnllawny Lnnd nnd Cnttle Company filed n Notificution of Proposed Change
to nn Approved Development of Regiorwl Impnct, pursunnt to Chnpter 380.06(19), Floridn
Stntutes for a fourth nmendment to Resolution 89-73,
19. On September 21, 1995, the St. Lucie County Locu) Plunning Agency/Planning and Zoning
Commission held n public henring, of which due public notice was pubfished in the Port St
Lucie News nnd the Tribune on August 17, 1995 and August 31, 1995 on the proposed
umendments to Resolution 89-73, ns previously nmended.
20. On October 17, 1995, this Board held a public henring, of which due public notice was
published in the Port St. Lucie News nnd the Tribune on August 17, 1995, August 31, 1995
nnd September 26, 1995 on the proposed amendments to Resolution 89-73, as previously
amended.
21. On October 17, 1995, this Bonrd grnnted npproval to Resolution 95-195, wh+ch provided for
n fourth nmendment to Resolution 89-73, the approved Development Order for the
Development of Regiorwl Impnct known as The Reserve.
ZZ. On May 17, 1996, the Florida Department of Community Affnirs filed with the Florida l.and
and Water Ad judicatory Commission and Notice of Appeal of the approved Amended
Development Order for the Reserve (FLWAC Case No. 96-010).
23. On December 16, l996, the Floridn Depnrtment of Community Affairs and the developers of
The Reserve, Callaway l.und nnd Cattle Compnny, Inc., entered into o Settlement Agreement
for the purpose of nddressing the issues raised under the ~epurtment of Community
AffQirs appeal of the npproved Amended Final Develop-nent Order for The Reserve
(Resolution 95-195).
24. On Jnnuary 23, 1997, the developers of The Reserve, CallawQy Land und Cattle Compnny,
Inc., requested that the Board of County Commissioners consider an nmendment to the
Amended Final Development Order for the Reserve (Resolution 95-195) bnsed on the
settlement ngreement with the ~epartment of Community Affairs on their appenl of the
Approved Amended Finn! Development Order for The Reserve (Resolution 95-195).
25. On Februnry 4, 1997, this Bonrd granted approval to Resolution 97-023, which provided for
a fifth omendment to Resolution 89-73, the ctpproved Development Order for the
Development of Regio-w) Impnct known ns The Reserve c-nd determined thnt the proposed
amendments, th4t were based on the settlement agreement between the Callaw% Lnnd nnd
Cattle Company nnd the Depnrtment of Community Affnirs on the ~epartment of Community
Affairs appeal of the Approved Amended Final Development Order for The Reserve
(Resolution 95-195) and further thnt the proposed amendments did not constitute n
substnntial deviation to the original Development Order.
26. On May 5, 1998, Cullnway Lnnd and Cattle Company filed a Notification of Proposed Change
to an Approved Development of Regionnl Impnct. pursuant to Chapter 380.06(19), Florida
Statutes for a sixth nmendment to Resolution 89-73.
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions p~ 3
27. On August 18, 1998, this Board grnnted approval to Resolution 98-100, which provided for u
sixth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impnct known as the Reserve.
28. On August 22, 2003, Reserve Homes, Ltd., L.P., filed a Notificotion of Proposed Chnnge to
an Approved Development of Regional Impact pursunnt to Chapter 380.06(19), Florida
Statufies, (NOPC) for a seventh amendment to Resolution 89-73 to, nmong other things,
nmend the DRI Development Program to be as follows: 3,200 residential units; 500,000
squnre feet of industrinl space; 290,000 square feet of retail spnce; 100,000 square feet of
office spnce; 250 hotel rooms; 4 golf courses with accessory buildings and n passive and nn
active recreation area which may include: bnseball nnd multipurpose fields; operational
offices; welcome center; parking for 750 vehicles; and n children's tenm sports training
center; on 81± acres. The NOPC also nmends the boundary of the ~RI to eliminate 10 ncres
from the DRI.
29. On April 20, 2004, this Bonrd granted approval to Resolution 04-081, which provided for a
seventh amendment to Resolution 89-73, the npproved Development Order for the
Development of Regionnl Impact known as The Reserve.
30. Whereas, on Janunry 12, 2007, this Board grnnted npprovnl of the Settlement Agreement
resolving certain issues with respect to the npproved Development Order.
31. On Mnrch 19, 2007, as required by the Settlement Agreement, Reserve Homes, Ltd., L.P.,
filed a Notification of Praposed Change to nn Approved Development of Regional Impact
pursunnt to Chnpter 380.06(19), Florida Statutes, (NOPC) for nn eighth amendment to
Resolution 89-73 to, nmong other things, nmend certain conditions of opproval to reflect
chnnges required by the Settlement Agreement nnd to amend the DRI Development
Progrnm to be as follows: de{ete the opprovnl for basebnll nnd multipurpose fields;
operntional offices; welcome center; pnrking for 750 vehicles; nnd a childrens tenm sports
trnining center nnd replace with 76,500 squnre feet of additional general office/commercial
use. This replacement square footnge being equivalent in the nmount of trnffic generated
as the deleted use.
~. , , ~a h- , ::;: ne#+~e-wes
= T:~i~r-e-en--~4ag~s~ 1, ~ ,
,
~32. On September 16, 2008, this Bonrd g~nnted npprovnl to Resolution 08-091, which provided
for nn eighth amendment to Resolution 89-73, the npproved Development Order for the
bevelopment of Regionnl Impnct known as The Reserve.
3433. On November 12, 2008, in accordnnce with the Settlement Agreement Parngrnph 4.d., ns
agreed, Reserve Homes, Ltd., L.P. prepaired and filed the npplication for a Substantial
Deviation pursunnt to Chupter 380.06(19), Florida Stntutes, (NPOC~ on behalf of St. Lucie
County, for a ninth nmendment to Resolution 89-73 to: a) reduce the Nntive Uplnnd Hnbitnt
requirement to 327.5 acres; b) delete all requirements for deed restrictions for mic~o-
sited (nnds; c) remove ench of the Pre-Development pnrcels from the Innds nnd ncreage
Resolution 12-OQ4 Sinale Underlir-e is for ndditions December 4, 2012
Reserve ORI-NOPC ~ is for deletions Pa9e 4
described in the Development Order; nnd, d) preserve the provisions of the Development
Order thnt permit micro-siting on Reserve Homes' lands nnd on commercial or industrinl
parcels.
~. , ,
++4- ~k~~#. 6 , ,
~~, =~P ~ r-~e~
~634. On April 7, 2009, this Bonrd grnnted npproval 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 ns The Reserve.
~35. Section 380.06f191(c). Florida. Stntutes. nrovides that u develocer mav file a notice letter
with a locnl aovernment to extend the DRI phase. buildout. and exnirntion dntes bv four
vears, subiect to certain arocedural reauirements. The developer filed the reauired notice
letter to effectuate the extensions. nnd this 10~' amendment to the Development Order
incoroorates the statutorilv outhorized extensions. Pursunnt to s. 380.06(191(c). F.S.. this
nmendment is not subiect to further develoament-of-reaionnl-imp~ct review. Chapter
2007-204. Laws of Florida. drovides thnt a develoder mnv file n notice letter with a locnl
Qovernment to extend the DRI phnse. buildout. and expiration dntes bv three venrs, subiect
to certnin procedural reauirements. The developer filed the reauired notice to effectunte
the extensions. and this 10~' nmendment to the Development Order incorporates the.
stntutorilv uuthorized extensions. Pursunnt to Chudter 2007-204, Luws of Floridn. this
amendment is not subiect to further develodment-of-reaionnl-imoact review; nnd
36. On October 27. 2011, Reserve Homes. Ltd.. L.P. filed nn npalicntion for u Notice of Proposed
Chnn4e vursunnt to Chadter 380.06(191. Floridn Stntutes. for a tenth amendment to
Resolution 89-73 to nmend Mnn H(Mnd H use thresholds leaendl nnd umona other thinQS,.
nmend the DRI Develodment Order to: delete 105,400 saunre feet of aenernl office use;
delete 300 residential units; delete 140,000 sauare feet of retnil/commercial use; nnd
incrense hotel bv un ndditionnl 60 rooms. The nmendment results in n substantial decrease
in o.m. deak hour trips.
The resultina chnnae amends the DRI Develodment Order to be ns follows: 2,900
residential units: 500.000 sauare feet of industrinl sance: 150,000 sauare feet of
retail/commercinl use; 71.100 saunre feet of office stwce: 310 hotel rooms; 4 qolf courses
with accessorv buildinas and uses: und 1 PGA Learnina Center. Future increasefs) in
intensities to the Reserve DRI will reauire the Reserve DRI to underao further DRI review
consistent with Chnnter 380.06. F.S.
37. On Julv 3, 2012. the Treasure const Reaionnl Plannina Council issued n letter to both the
Citv and the Countv confirmina thnt the annlicotion aunlifies ns n non-substantinl devintion
pursuant to s. 380.06(29)(e)2k. Florida Stututes. nnd published findincas that pursunnt to s.
380.06(191(f)(4). Floridn Stntues the erodosed chnnae will not create ndditionnl reaionnl
imt~cts on reaional resources that were not tireviouslv reviewed bv the Council; the Council
does not ob iect to the nrodosed Develonment Order umendments described in the,
aodlicntion. Further. in their letter dated Julv 18, 2012 the Deanrtment of Economic
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S#rilEe~l+r~ is for deletions Page 5
Onnortunitv concluded that the nronosed chunaes nre sub iect to s. 380.06(19)€2k. Floridn
Statues. and thnt the drodosed chnnaes therefore do not constitute o substnntinl devintion
and n Notice of Prodosed Chnnae is not reauired.
38. On December 4. 2012. this Bonrd held n public hearina. of which due nublic notice wns
published in the St. Lucie News Tribune on November 14, 2012. on the prodosed
amendments to Resolution 89-73. ns nreviouslv nmended.
39. On . 2012, this Bonrd ornnted nddrovnl to Resolution 12-004, which drovided for n
tenth nmendment to Resolution 89-73, the aonroved Develodment Order for the
Develodment of Reaional Imdnct known as The Reserve.
~40. The Board believes thnt npproving this ~#1~ tenth nmendment to the Amended Final
Development Order for The Reserve is in the best interest of the public health, safety nnd
public welfare of the citizens of St. Lucie County, Floridn, nnd further that the proposed
nmendments do not constitute a substantia) deviation to the originnl Development Order, as
amended, ~-eweMe~; nnd thnt the proposed chnnges do not create additionnl regionnl impacts
on regional resources and fncilities thnt were not previously reviewed.
~41. The Bonrd of County Commissioners continues with the following amended FINDINGS of
FACT nnd CONCLUSIONS of LAW with regnrd to the Application for Development
Approvnl ns cited in Resolution 89-73:
AMENDE~ FINDIN65 OF FACT
A. The proposed Development is not in an nrea of Critical State Concern ns designuted
pursunnt to the provisions of Section 380.06, Florida Statutes.
B. The State of Floridn has not adopted n land development plan npplicable to the nrea in which
the proposed Development is to be located.
C. On October 21, 1988, the Treasure Coast Regionnl Plnnning Council issued n report and
recommendations on this development pursunnt to Section 380.06(12)(u), Florida Stntutes.
D. On August 25, 1995 the Treasure Coast Regional Plnnning Council issued n report nnd
recommendntions on the Notificntion of Proposed Change to a Previously Approved
Development of Regionnl Impact (The Reserve) pursunnt to Section 380.06(12)(n), Florida
Statutes.
E. On June 4, 1998 the Trensure Const Regionul Plnnning Council issued a report and
recommendntions on the Notification of Proposed Chnnge to a Previously Approved
Development of Regionnl Impnct (The Reserve), filed Mny 5, 1998 pursunnt to Section
380.06(12)(a), Florida Statutes, and determined that the proposed changes to the Finnl
Development Order for the Reserve would not constitute a substantial deviation to the
previously npproved Development Order.
Resolution 12-004 Sinole Underline is for ndditions ~ecember 4, 2012
Reserve DRI-NOPC ~ is for deletions pnge 6
F. The Trensure Coast Regionnl Plnnning Council advised the County thnt it had reviewed the
Notification of Proposed Change to a Previously Approved Development of Regionnl Impnct
for the Reserve DRI, filed August 2003, pursuant to Section 380.06(19)(f)(4), Floridn
Statutes, and determined that the proposed chnnges to the Finnl Development Order for
the Reserve DRI would not create significunt regional impacts not previously reviewed.
G. The proposed Development is consistent with the local comprehensive plnn, development
Inws and regulations of St. Lucie County.
H. As part of the seventh amendment to the previously npproved Development of Regionnl
Impact known ns The Reserve, it is ncknowledged thnt the developer hns submitted n
comprehensive nir quality computer modeling study thnt demonstrates thot State nnd
federnl nir quality standnrds hnve been met, and which does not identify any exceedances
requiring cnrbon monoxide monitoring or nbntement.
I. In the seventh amendment to the previously npproved ~evelopment of Regionnl Impact
known ns The Reserve, filed on August 22, 2003, Reserve Homes, Ltd., L.P., included n
proposal to nmend the mnster site plan for the Reserve DRI to include n genernl purpose
ground connection/roudway between a portion of the Sable Creek Subdivision nnd the
property to the south of this site. As pnrt of the April 20, 2004, public hearing on the
Notice of Proposed Chnnge (NOPC), Reserve Homes, Ltd., L.P., withdrew from the
npplicntion nl) proposed nmendments to the project thnt involved the reconfiguration of any
purt of the overull project site plnn that would hnve provided for the construction of nny
general purpose access connection into the nrens south of the PGA Reserve, except thnt
Reserve Homes indicnted thnt they would, consistent with the requirements of the PGA
Vilinges Finnl Development Order, mnintnin nn emergency only connection thut would be
nvailuble to any local public snfety uuthorities should it be needed to address emergency
conditions.
J. The Treasure Const Regionul Plnnning Council ndvised the County thnt it had reviewed the
Notification of Proposed Change to a Previously Approved Development of Regionn) Impact
for the Reserve DRI, filed Mnrch 19, 2007, pursuant to Section 380.06(19)(f)(4), Floridn
Stntutes, and determined thnt the proposed changes to the Final Development Order for
The Reserve DRI would not crente significant regionnl impacts not previously reviewed.
K. On Februnry 27, 2009 the Trensure Const Regionnl Plunning Council issued a report nnd
published findings that pursunnt to Section 380.06(19)(f)(4), Florida Statutes, it
determined the proposed change will not crente additional regional impacts on regionnl
resources thnt were not previously reviewed by the Council. Further, the Council does not
object to the proposed DO nmendments described in the Substnntinl Devintion npplicntion
received by Council on December 3, 2008.
L. The Treasure Const Reciioral Plnnnina Council in their letter dated Julv 3. 2012 advised the
Countv thnt it hnd reviewed the crodosed chnnaes to o Previouslv Aodroved Develodment of
Rec~iorwl Im~nct for the Reserve DRI. filed October 27. 2011. ns amended Mnrch 7. 2012„
nursunnt to Section 380.06(191(f)(4). Florida Statutes, nnd determined thnt the proposed
Resolution 12-004 Sinnle Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 7
chnnQes to the Finnl Develodment Order for The Reserve ~RI would not constitute n
substantinl deviation nor crente sianificant reaional imtxicts not nreviouslv reviewed.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Bonrd of County Commissioners of St. Lucie
County, Floridn:
A. That in a public meeting, duly constituted and nssembled this 4th ~ dny of ~,
December. 2012. Resolution ~ 12-004, which amends Resolution ~ 09-016,
which amended Resolutions 08-091, 04-081~ 98-100, 97-023 (as corrected by Resolution 98-
086) which nmended Resolution No. 95-195, which amended Resolution No. 93-125, which
amended Resolution No. 93-061, which amended Resolution No. 91-228, which amends
Resolution No. 89-73, which nmended Resolution No. 88-357 granting Development Order
Approval to the Development of Regionnl Impact known ns The Reserve, is hereby
APPROVED sub ject to the following conditions, restrictions and limitations:
APPLICATION FOR DEVELOPMENT APPROVAL
1. The Reserve Development of Regiorwl Impnct Application for Development Approval is
incorporated herein by reference. It is relied upon, but not to the eacclusion of other
nvailnble information, by the parties in discharging their statutory duties under Chnpter
380, Floridn Statutes. Substnntial complinnce with the representntions contnined in the
Application for Development Approvnl, ns modified by Development Order conditions, is n
condition for npprovnl.
For the purpose of this condition, the Application for ~evelopment Approvnl shnll include-
the following items:
n. Applicntion for Development Approval dated July 9, 1987;
b. Supplemental information dated ~ecember 3, 1987; June 15, 1988; July 22, 1988;
July 29, 1988; nnd August 12, 1988; and
c. Mnterinls dnted September 28, 1988; September 30, 1988; and October 6, 1988,
which were received by the Trensure Const Regional Plnnning Council after the
formnl Development of Regionnl Impact Application for Development Approvnl
review process wns terminnted by the applicnnt nnd local public henrings hnd been
scheduled.
d. Notice of proposed chnnge dnted May 25, 1993.
e. Mc-terinls submitted Jnnunry 31, 1994, August 5, 1994, and Februnry 3, 1995 with
the Notice of Proposed Chnnge/Substantinl Deviation ADA for the substnntiul
deviation determinntion.
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve ORI-NOPC S#rilce-~F+ra is for deletions Pcge 8
f. Notice of Proposed Chnnge filed Mny 5, 1998.
g. Notice of Proposed Change dated August 22, 2003.
• Resolution 89-73, as previously amended, is hereby amended to reflect thnt bnsed
upon the new annlysis nnd conditions setforth in this amended Development Order,
the following conditions (from Resolution 98-100) ore being deleted nnd/or
amended:
Parngraphs 5, 15, 46, 47, 52, 53, 53A, 53B, 54, 55A, 55B, 55C, 56, 57, 58, 59, 60,
61, 62, 63, 64, 65, 66A, 66B, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77 and 78;
• and the following conditions from Resolution 98-100 have been determined sntisfied:
Parugraphs 5, 52, 53, 54a, 54b, 55A, 55B, 55C, 56, 59b, 60b-2, 60b-3, 64, 66B-d,
72, 73 nnd 77.
h. Notice of Proposed Chnnge filed Mnrch 19, 2007
Resolution 89-73, ns previously nmended, is hereby amended to reflect that bnsed
upon the new nnnlysis nnd conditions set forth in this nmended Development Order,
the following conditions (from Resolution 04-081) are being deleted and/or
nmended:
Parngrnphs 6, 7B, 15, 17, 46, 53, 55-61. (13 Conditions of Approvnl)
i. Notice of Substnntial ~eviation filed November 12, 2008
Resolution 08-091, as previously amended, is hereby nmended to reflect the new
nmendments to condition number 15 as set forth in this nmended Development
Order.
j. Notice of Prooosed Chanae filed October 27. 2011. ns subseauentlv nmended on
AAurch 7. 2012,
Resolution 89-73, ns dreviouslv nmended, is herebv amended to reflect that bnsed
uoon the new annlvsis nnd conditions set forth in this umended Development Order,
the followino conditions lfrom Resolution 09-0161 nre beina nmended nnd/or added:
• Pura4raahs 2, 15n. 51, 57 nnd 62.
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 yenrs
from the effective dnte of the Development Order (the earlier of two dates if sepnrnte
Development Orders nre issued by St. Lucie County and the City of Port St. Lucie),
development npprovnl shall terminnte nnd the development shall be sub ject to further
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserwe DRI-NOPC S#ri{ct~a is for deletions Pnge 9
development-of-regionnl-impnct review by the Trensure Const Regionnl Plnnning Council
pursuant to Section 380.06, Florida Statutes. For the purposes of this parngraph,
construction shall be deemed to hnve been initinted nfter placement of permnnent evidence
of n structure (other than a mobile home) on a site, such ns the pouring of slnbs or footings
or nny work beyond the stage of excnvution or land clenring. Phase I shnll be completed
within twelve years. If not completed within that time, further development shall be
subject to substantial devintion review. Project buildout dates nnd phasing buildout dates
reflected in the ADA nre extended four yenrs.
Termination Date:
This development order shnl) terminate '~4 31 years from the effective date of Resolution
89-73, (March 21, ~ 2020). Any finnl development plnn npprovals not yet received at the
completion of this ~4 31 yenr period will be subject to further review under the provisions
of Section 380.06, Floridn Statues, or as subsequently amended.
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 nnd mulching of
disturbed areas are undertnken within 30 duys of completion of clearing work. During land
clenring and site preparation, wetting operations or other soil trentment techniques
approprinte for controlling unconfined emissions, including seeding nnd mulching of
disturbed arens, shall be undertnken and implemented by the developer to the satisfnction
of the City of Port St. Lucie, St. Lucie County, and the Florida Depurtment of Environmental
Regulation.
4. During land clearing nnd site prepnration, wetting operntions or other soil trentment
techniques appropriate for controlling unconfined emissions, including seeding and mulching
of disturbed nrens, shnll be undertnken nnd implemented by the developer to the
sntisfnction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of
Environmental Regulntion.
HISTORIC AND ARCHAEOL06ICAL Si i c5
5. In the event of discovery of any nrchneologicnl nrtifncts during project construction, the
developer shnll stop construction in thnt nrea and immedintely notify the Division of
Historicnl Resources in the Florida Depnrtment of State. Proper protection, to the
satisfaction of the Division, shnll be provided by the developer.
HABITAT, VE6ETATION, AND WILDLIFE
6. Wetlnnds 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 as permitted and delinented in the jurisdictioral survey nnd
reflected on the Mnster Plan, Exhibit H(n.k.a. Map H) shall be retnined nnd/or restored if
necessnry, nnd maintnined in viable condition in perpetuity. The upplicnnt shnll obtnin
required permit approvals to nlter/restore these wetlands from the South Florida Water
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 10
Marwgement District nnd the US Army Corp of Engineers. To ensure thnt the preserved
wetlands are not ndversely impncted, the future permit approvul of the wetlnnd
nlterntion/restoration shall be bnsed on coordination with and review by the Florida 6nme
and Freshwater Fish c-nd Wildlife Conservation Commission nnd shnll be subject to
development order review pursuant to Section 380.06(19)(b)16, Florida Stntutes. Such
wetlands modificntion shnll be included in the bienninl Development of Regional Impnct
stntus report. Mnp H in the Development Order shnll be amended, for updnting purposes, to
ensure that the DRI development plan is consistent with the permit modification no Inter
than six months after South Floridn Wnter Mnnngement District accepts certificntion of
the surfnce water mnnngement system for the fourth (4th) Reserve Golf Course (PUD II).
Vinbility nnd mnintennnce shnll be assured by deed restriction, good development nnd
drninage design p~an which will include qunlity control measures bnsed on South Floridn
Water Manngement District's best marwgement practices. Assignment of future
preservation nnd maintenance responsibility shnll be to nn entity npproved by the South
Florida Water Manngement ~istrict or designated in Rule 9J-2.041 (9), FAC. This
assignment shal) occur prior to build-out of the phnse in which wetlnnds occur. Adverse
impncts that occur due to fnctors within the developers' reasonable control, to nny of the
identified wetlnnds prior to build-out of this project shall be the responsibility of the
developer to repair.
Any restoration conducted pursunnt to this condition shnll be completed in consultntion
with, nnd in a mnnner npproved -by, the South Floridu Wc-ter Manngement District and/or
the US Army Corps of Engineers based on consultation with Floridn Fish nnd Wildlife
Conservntion Commission to ensure thnt preserved wetlnnds are not adversely impacted.
No building permits or certificntes of occupnncy shall be issued for nny part of the Reserve
Development of Regionnl Impnct after the effective date of this development order (the
enrlier of two dates if sepnrnte development orders nre issued by St. Lucie County and the
City of Port St. Lucie), until:
1. the ditch connecting wetland 61B to the C24 outfnll route hns been plugged up to
the rim of the wetlnnd; and,
2. after Jnnunry 1, 1997, unless all of the remaining restoration required by this
condition hns been completed and npproved by the South Florida Wc-ter Manugement
District.
7A. Wetlands 62 nnd 76 shall be preserved until such time as the Developer has created a
replncement wetlnnd in mitigation for these preserved wetlnnds to be removed. Such
created wetlands shall be constructed to fully replace the functions nnd vnlues equal to
those of wetlands 62 and 76. No removnl of wetlnnds 62 and 76 shnll tnke place until the
creuted wetlnnds nre complete, inspected nnd upproved by the South Floridn Water
Management District.
7B. Any wetland hnbitat creation permitted under this condition 6 or 7n shnll be completed by
the earlier to occur of January 1, 1997 or the issunnce of nny final PUD, plat or building
permit for the two thousandth (2000th) residentinl unit in The Reserve.
Resolution 12-004 Sinale Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~~I- ':~:-~I+w is for deletions Page 11
8. No finnl plnnned development or plat npprovals shnil be issued after Janunry 1, 1994 until
one of the following actions hnve been completed:
n. The developer has completed, to the reasorable satisfaction of the South Florida
Wuter Mnnngement District, the crention of 50.0 ncres of wetland habitat in
mitigation for wetlund hnbitat nlrendy destroyed on this project nnd previously
required to be mitigated by South Florida Water Mnnagement District; or
b. The developer hns dedicated, by conservntion eusement or some other instrument
acceptnble to St. Lucie County nnd South Floridn Water Mnnagement District, to St.
Lucie County, or another entity acceptnble to St. Lucie County, nnd South Floridn
Water_ Mnnngement District, 50.0 acres of upland hnbitnt; or
c. The developer hns accomplished a combiration of the actions described in (n) nnd (b)
nbove which is acceptnble to both South Florida Water Mnnngement District nnd St.
Lucie County.
If the developer chooses to meet nll or pnrt of this responsibility by crention of
wetland habitat, then the continued vinbility nnd mnintennnce of this hubitat shnll
be nssured by deed restriction, good development and drninage plan design, nnd
nssignment of future preservntion and maintennnce responsibility to any entity
approved by South Floridn Wnter Mnnngement District prior to build-out of the
phnse in which the created wetlnnd occurs.
If the developer chooses to meet nll or pnrt of this mitigation responsibility by
dedicating uplnnd hnbitat as in option (b) above, such Innds shnll be trnnsferred with
restrictions that require their preservntion as nature hnbitat aren. Such lunds shnll
not be credited townrds the requirement that the Developer preserve 25 percent of
the upland hnbitat on site, pursuant to Condition 15.
d. Any wetlnnd hnbitnt crention permitted under this condition (8) shnll be completed
by the enrlier to occur of January 1, 1994 or the issuunce of finnl PUD or plut
approvnl for the two thousnndth (2000th) residential unit in The Reserve.
The developer will provide St. Lucie County nnd Treasure Const Regional Plnnning
Council copies of the permits or other instruments showing complinnce with the
above conditions.
9. No Finnl Plnnned Development or plat npprovnl shnll be issued after January 1, 1995, until
one of the following hns been completed:
n. The developer hns completed, to the reusonnble satisfnction of the South Floridn
Wnter Management District, the crention of wetlnnd hnbitnt ns required by South
Florida Wnter Mnnagement District Permits (nbove and beyond any wetlnnd hnbitat
crented pursuunt to the previous recommended condition), in mitigation for wetlnnd
habitnt nlready destroyed on this project site; or
Resolution 12-004 Sinale Undertine is for ndditions December 4, 2012
Reserve DRI-NOPC ~w is for deletions Pnge 12
b. The developer has dedicated, by conservation eusement or some other instrument
acceptable to St. Lucie County and the South Floridn Water Manngement District,
to St. Lucie County, or nnother entity acceptoble to St. Lucie County and South
Florida Wnter Mnr-agement District, ndditionnl upland hnbitnt acceptnble to South
Florida Wnter Mnnagement ~istrict (nbove nnd beyond any uplnnd hnbitnt deeded
over pursunnt to the previous conditions); or
c. The developer hns accomplished a combinntion of the nctions described in (a) nnd (b)
above which is acceptable to both South Floridu Wnter Management District and St
Lucie County.
d. In the event developer hns been unnble to complete the creution of the required
additional acreage of wetlnnd hubitat ns described in (n) nbove on or prior to
January 1, 1995, it mny post a security for its completion of performnnce. The form
nnd content of the instrument providing snid security shall be sub ject to the
approvnl of St. Lucie County nnd shnll include a sufficient nmount of non-disturbed
qunlity uplnnd hnbitat acreage, ns described above, equnl to the ncrenge of wetlands
which have not yet been created in nccordnnce with (a) above. Such hnbitut posted
in occordnnce with this section shall be relensed by the acre in exchnnge for each
ncre of wetland hnbitnt subsequently crented by the Developer in furthernnce of
his sntisfying the condition set forth in 9(a). This procedure shall be deemed to
satisfy the conditions required for issunnce of final plnnned development, plat
npprovols or building pertnits after Janunry 1, 1995. But under no circumstances
shall planned development or plat npprovnl be issued nfter Jununry 1, 1997 without
completion of wetland habitat ns described in (n) nbove.
e. Any wetlnnd habitat crention permitted under this section shall be completed by the
earlier to occur of Jnnuary 1, 1997 or the issuance of n final planned development or
plat npprovnl for the two thousnndth (2000th) residential unit in The Reserve.
The developer will provide St. Lucie County nnd Treasure Coast Regional Planning
Council copies of the permits or other instruments showing complinnce with the
above conditions.
10. Mitigation Mnster Plan for the Reserve DRI must be submitted to nnd approved by the
South Floridn Water Mnnagement District prior to wetlnnds mitigation required by this D.O.
occurring on site. As n minimum, the Master Plnn shall set forth:
a. The genernl criterin for construction nnd maintenc-nce of wetlnnd hnbitnt;
b, identify the locntion of all proposed mitigation relutive to preserved wetlnnd nnd
upland systems, the surfnce wnter mnnagement system, and development;
c. provide for a mitigntion, monitoring, and mnintenance program; und
d. include n justified estimate of total cost of implementing the proposed mitigation
nnd ~onitoring program.
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 13
To be npproved, mitigntion plnns must be found to fully replnce the functions nnd vnlues
provided by exempted wetlnnds that hnve been or will be eliminated.
Reasonnble nssurance of financinl nnd institutionul ability to cnrry out the commitments
included in the npproved mitigation plnn may be provided by nny one or combination. of the
following:
a. a surety bond in the nmount equal to 125 percent of the cost estimate for
implementing the npproved mitigntion and monitoring plan;
b. performnnce guarnntee to St. Lucie County nnd/or the City of Port St. Lucie ns pnrt
of n project construction gunrnntee, provided the gunrnntee adequately covers
costs;
c. cnsh bond or letter of credit from n finnncinl institution;
d. escrow ugreements which include money, Innd, or improvements; and,
e. performnnce prior to wetland loss only applies to mitigntion for wetlnnds not yet
destroyed.
The specific form nnd adequncy of the gunrantee shall be subject to npprovul by St. Lucie
County, if mitigntion occurs within the County, or the City of Port St. Lucie nnd the TCRPC,
if mitigntion occurs within the City. Finnncinl gunrnntees shnll not be relensed for nny
portion of the project until work is completed, inspected, nnd approved in writing by the
South Florida Water Mnnngement District. The biennial report shnll include n summary of
wetlnnd mitigntion accomplished pursunnt to the approved mnster plnn.
A copy of the approved Mitigution Master Plan will be provided to Trensure Coast Regionnl
Plnnning Council.
11. Lnkes or canals shnll not be excavated within 200 feet of nny wetlnnds which nre preserved
or restored on the pro ject site. Wells in the shallow aquifer shall not be locnted within 300
feet of nny wetlnnds which are preserved or restored on the pro ject site. Any exceptions to
this condition must be npproved by the South Floridn Water Management ~istrict on the
basis of soil or other data showing that wnter tnble elevntions within preserved wetlnnds
would not be ndversely nffected.
A copy of nny South Floridn Wnter Mnnagement District permit or other consent
addressing this condition will be provided to Treasure Const Regional Planning Council.
12. To help nssure that mnintenance or implementation of predevelopment hydroperiods occurs
within the preserved und restored wetlnnds and within nny wetlnnd mitigution nreas, final
drainnge plans shall provide for routing of sufficient volumes of runoff from ncceptnble
sources to wetlnnds prior to routing of any excess runoff to Inke systems. Control
elevntions shnll be estnblished consistent with the intent to mnintain or improve
predevelopment hydroperiods within nll wetland arens. The South Floridn Water
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve DRI-NOPC S#rilie~w is for deletior~s Pnge 14
Management District must npprove the routing of runoff nnd control elevations ns shown on
the finnl druinnge plnns to achieve the intent indicnted nbove.
Copies of the South Florida Wnter Mnnagement District construction permits will be
provided to Trensure Const Regionnl Planning Council.
13. The developer shall preserve nnd mnintnin a buffer zone of nntive upland edge vegetntion
around all preserved, restored, or created wetlnnds on site in accordance with the
requirements of the South Florida Wnter Manngement District. The buffer zone shall
include n cnnopy, understory, and ground cover of nntive upland species including saw
pnlmetto, wiregrnss, gnliberry, Lyonin, or other uplnnd species subject to approval of the
TCRPC. The uplnnd buffer mny include slnsh pine nnd wax myrtle, but these species shnll not
be used in determining the location of the boundary between the wetlnnd nnd uplnnd. The
buffer zone requirements of preserved or creuted wetlnnds for listed species shnll be in
accordance with the Florida Game and Freshwuter Fish Commission guidelines ns contnined
in the Florida Administrntive Code, ns of the time that the buffer zone is developed. The
requirements of the upland buffer shall include n total area of at least ten squnre feet per
linenr foot of wetlnnd, except where an expnnded uplnnd buffer hns been required for
protection of the Sandhill Crnne ns recommended by the Florida Gnme nnd Freshwnter Fish
Commission (provided for under the npproved management plnn referenced herein, and
nttached hereto and mnde a pnrt thereof ns an exhibit) and be located such thnt no less
thnn fifty percent of the totnl shoreline is buffered by a minimum width of ten feet of
upland habitat. Uplnnd buffer shall be clenrly delineated, nnd roped off prior to nny lund
clenring within 200 feet of nny wetland to be preserved or restored.
14. No further land clenring or development nctivities shall tnke place on the Reserve DRI until:
u. the Florida C~me nnd Fresh Water Fish Commission nnd the United Stntes Fish nnd
Wildlife Service approve a mnnagement plnn for protection nnd management of the
Red-cocknded Woodpecker;and,
b. St. Lucie County is notified in writing thnt the mnrwgement plan is npproved. The
manngement plnn shall provide for the permnnent preservntion of any colony sites
deemed necessnry by the Floridn Game nnd Freshwnter Fish Commission nnd the
U.S. Fish nnd Wildlife Service. Each preserve colony site shall be no less than ten
ncres in size and have boundaries no less thnn 200 feet from all existing cavity
trees within the preserve. The Preserved colony sites may be irregularly configured
and should include the best habitat for the Red-cockaded Woodpecker contiguous
with the colony. The Developer shall not develop the underland or understory within
the Preserve nrea. The plnn shnl) nlso provide for sufficient fornging opportunities
within one-hnlf mile of the colony site to meet the recommended criteria set by the
United Stntes Fish nnd Wildlife Service Red-cocknded Woodpecker Recovery Plnn.
The plnn must nlso include n monitoring progrnm to insure that sufficient fornging
opportunities nre mnintnined. The plnn may-be updated nnd amended and the
preserve nreas modified from time to time to nccommodnte then-current conditions
with the approvnl of the Floridn Game nnd Freshwater Fish Commission and the U.S.
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve DRI-NOPC S*rike~ is for deletions Pnge 15
Fish nnd Wildlife Service. It shnll be the responsibility of the ~eveloper to
implement the approved plnn.
A copy of the npproved plan shnll be provided to Treasure Coast Regional Plnnning Council.
15. The developer shall preserve nf (327.5 ncres) of nntive uplnnd hnbitat in nccordance with
the St. Lucie County's Comprehensive Plan for Innd within the jurisdiction of the County nnd
with the City's comprehensive plan for Innd within the jurisdiction of the City ns depicted on
the referenced Exhibit C(Dated, January 17, 2007), which is to be kept on file with the St.
Lucie County 6wew#I~~e+~age~-e~# Plnnnina and Develobment Services Director. Nutive
upland habitut preserved nnd protected by deed restrictions pursuant to wetlund buffer
zone requirements and uplnnd habitat required for the protection of species of special
regional concern, including the Red-cockaded Woodpecker colony sites nnd Snndhill Crune
uplnnd buffer, mny be counted townrd meeting this minimum requirement. The balnnce of
this preserved ucrenge mny be the result of micro-siting of development or selective
clenring of nrens to be developed ns open spnce, common nren or preserves~ provided
mnintenance of habitat is required through deed restriction. However, ns n minimum,
preserve areus shal) be of approprinte size, qunlity, nnd arrangement to mnintnin existing
populntions of species of specinl regionnl concern on the property. Nntive upland habitat is
defined ns urens exhibiting native species in all layers of canopy, understory, nnd ground
cover thut nre present. Arens with nntive trees, but planted ground cover do not qunlify ns
nntive uplnnds (e.g., improved pasture). Micro-siting on individual residential lots shnll not be
counted townrds meeting this requirement.
Exhibit "C" (Dnted Jnnuary 17, 2007) a copy of which is to be kept on file with the St. Lucie
6pew#~M4.:.,• :3 ~.,~ :rt# Plnnnina nnd Develonment Services Director, shall identify the
minimum 327.5 acres preserved pursunnt to this condition. The bi-enninl report shall
include copies of deed restrictions nssuring preservution of nntive upland hobitat ncreage.
Lnrge preserve trncts of Innd or micro-sited preservntion on individunl commercia) or
industrial lots, if used to meet the hnbitnt requirement, shnll be established by the
developer through permnnent deed restrictions or ns otherwise shown ns being preservntion
areas on approved site plnns. The bi-ennial report shall also include copies of deed, approved
site plans with preservation ureas, or other restrictions nssuring preservntion of native
upland hnbitat ncreage. Portions of the requisite 327.5 ucres of uplnnd preserve locuted in
the City can be developed and offsite upland habitnt provided. Offsite mitigation will be
limited to 31 ucres.
Notwithstnnding the foregoing, Reserve Homes Ltd., L.P. shnll be deemed to be in
complinnce with the above condition provided it complies with the terms contnined in
Section 5 of that certnin Settlement Agreement between St. Lucie County nnd Reserve
Homes, Ltd., L.P. dnted ns of Janunry 17, 2007.
a. The Developer shall udon ndodtion of this tenth amendment to Resolution 89-73 deed to
the Citv of Port Saint Lucie n 22.86 ac. twrcel of Innd for oden sduce conservntion nurboses
as shown on Exhibit D lExhibit E in Resolution 12-R101 of the Citv of Port Saint Lucie) dnted
October 27. 2011 of Resolution 12-R101. All utilnnd habitnt nortions of snid 22.86 nc. onrcel
of Innd shnll count townrd the reauired uoland habitat within the DRI. Should the Citv
Resolution 12-004 Sinole Underline is for ndditions ~ecember 4, 2012
Reserve DRI-NOPC ~ is for deletions Pnge 16
develod this Ic-nd for non-conservation use(s) the Citv shnll be reauired to mitiQate for the
loss of the ualnnd habitat.
16. Prior to commencement of clenring nctivities on any portion of the Reserve site, the
Developer must survey for gopher tortoise burrows. Protecting in situ, or relocation into n
suitable on-site preserve is required before development of the parcel surveyed. If gopher
tortoise burrows nre found, any Floridn mouse, gopher frog, nnd Enstern Indigo snnke found
shall be provided for as well. The plan for protection of these species shnll be reviewed nnd
approved by the Florida Game nnd Fresh Water Fish Commission and the U.S. Fish nnd
Wildlife Service. After approval of the plnn, specific pnrcels may be cleared and developed
sub ject to compliunce with the methods nnd procedures stnted in the plnn without further
npprovnl. The biennial report required by Section 380.06 Florida Statutes, shull include a
summnry of survey and relocntion efforts prepared by a qunlified biologist.
17. As n minimum, the Developer shall preserve two nreas thnt provide potential nesting habitat
for Snndhil) Crnnes. One of these nrens shnll include wetlnnds 80, 81, nnd 83 and associated
buffers (as identified in Mnp H, Exhibit B dnted June 17, 2008). The other shall include
portions of wetlnnd 61, which includes 61A or 61 B) and associnte buffers (as more
specifically identified on Mnp H, Exhibit B dnted June 17, 2008). The developer shull, nfter
consultntion with the Floridn Cnme nnd Freshwnter Fish Commission, provide a species and
hnbitnt mnnngement plnn by Mnrch 5, 1997, ns referenced herein c-t DO conclusions of law
nnd attnched hereto as Exhibit A. A detailed site plun delineating the areas required by
this condition shall be attached hereto nnd mnde n pnrt of hereof. These wetlands areas
shall be depicted on Map H as preserve nreas consistent with Conditions 6 nnd 13.
Mnnngement of the non-golf course portions of the buffers and the wetlands shall be
pursuant to recommendations of the Floridn Gnme nnd Fresh Water Fish Commission.
During the months of ~ecember 1, to April 30, no construction within 300 feet of nny
preserved or restored wetlnnd shall occur until the wetlnnd has been surveyed for Snndhill
Crane nests. In the event that nctive nests nre found, construction shall not occur until July
or 90 d~s after the eggs hntch, whichever occurs first. Construction of these areas during
the months and days indicuted may proceed based in coordination with the Floridn Gnme and
Freshwnter Fish Commission.
17A. The npplicntion of pesticides, nematicides, nnd fungicides to the golf courses nnd other
arens nt The Reserve shall be done only in occordance with the npplicnble product label
instruction, shnll be npplied only by, or under the supervision of, State of Florida licensed
applicators, nnd shull be npplied pursunnt to the Integrnted Pest Mnnngement Plnn, nttached
hereto, and as it rrwy be nmended from time to time with the approvnl of the Florida
Department of Agriculture.
18. Prior to further development activity, the developer shnll provide the Trensure Coast
Regionnl Planning Council with a letter assuring thnt access will be ullowed to The Reserve
Development of Regionnl Impnct in perpetuity for the purposes of monitoring complinnce of
the pro jut with conditions set forth.
Resolution 12-004 Sinale Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 17
19. In the event thnt it is determined thut nny additionnl representative of n plant or nnimnl
species of specinl regionnl concern (ns defined in the Trensure Const Regional Plnnning
Council Assessment Report for The Reserve Development-of Regional Impact) is resident
on, or otherwise is significnntly dependent upon, The Reserve Development of Regionnl
Impnct property, the developer shall cease nll activities which might negntively affect that
individunl populntion and immedintely notify both the Floridn Game and Fresh Water Fish
Commission nnd the U.S. Fish and Wildlife Service. Proper protection, to the satisfnction of
both agencies, shnll be provided by the developer.
20. Concurrent with construction in any phnse of the development, all Melnleucn, Brazilian
Pepper, nnd Austrnlinn Pine which occur within thnt phnse shnll be removed. Removnl shnll be
in such a mnnner thnt nvoids seed dispersal by any of these species. There shnll be no
planting of these species on site.
DRAINA6E
21. The developer shnll design nnd construct the stormwnter manngement system to retain the
maximum volumes of water consistent with providing flood protection. The system shnll be
designed and constructed to retnin or detain with filtrntion, as n minimum, the first one
inch of runoff or the runoff from n one-hour, three-year storm event, whichever is greater.
Required retention volumes mny be accommodnted in n combinntion of vegetnted swales, dry
retention areas, Inkes with vegetated littornl zones, or other suitable retention structures.
All dischnrges from the surfnce wnter munngement system shnll meet the applicnble water
qunlity stnndnrds ns established by the Florido Administrntive Code.
Completed construction pursuant to a vnlid South Floridn Wnter Manugement ~istrict
construction permit for n stormwnter mnnagement system shnll constitute complinnce with
this condition.
22. The developer shnll design nnd construct the surface water management system such thnt
maintennnce of normnl hydroperiods within restored, preserved, and created wetlnnds can
be guarnnteed ngainst the negntive impacts of nctivities within the pro ject boundaries, ond
thnt the functions and values provided by these hnbitnts will be mnintnined. Under no
circumstnnces shnll unfiltered runoff from impervious surfaces nnd parking nrens be
diverted directly into wetlnnds on site. Final drainnge plans shall be submitted to South
Floridn Water Mnnngement District, St. Lucie County and the City of Port St. Lucie. At a
minimum, such plnns shall depict how preserved nnd crented wetland nrens will be
incorpornted into the development site plnns for ench individunl development nreo or
drninage basin with appropriate supporting informntion to demonstrate how sufficient
qunntities of surface runoff from portions of the developed arens will be conveyed to
wetlnnd urens in order to mnintain or improve their existing hydroperiod. Clenring of the
Innd in n development aren or drainnge bnsin shall not begin until plans nre approved by the
npproprinte ngencies for the development areu or drninage bnsin. Trensure Coast Regional
Plnnning Council will be provided copies of uny construction permits issued by South Florida
Water Mnnagement ~istrict.
Resolution 12-004 Sinale Underline is for ndditions ~ecember 4, 2012
Reserve DRI-NOPC S#rilct~l+ro is for deletions Page 18
23. The developer shnll berm nnd swale or otherwise design nnd construct the golf course
stormwnter mnnagement systems to retain the first one-half inch of runoff from a one-
hour, three-yenr storm event, prior to dischnrge of excess water to wetland hnbitats.
24. Maintenance nnd manngement efforts required to nssure the continued vinbility of
preserved nnd created wetland littoral zone nnd uplnnd hnbitats and the proper operntion of
all components of the surfnce water mnnagement system shnll be the finuncial nnd 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, nt a minimum, to
nssume the responsibilities outlined ubove.
All golf course irrigation systems shall be designed in such u manner ns to nllow for a
minimum 100 foot separntion from any existing or proposed potable water well, (ref FAC 17-
6.040(4)(q)). Should the waste trentment system not meet the standards of a Class I
reliability, then this minimum setback shall be 500 feet.
25. The developer shall estnblish a vegetnted and functionnl littoral zone as a pnrt of the
surface water ma-wgement system of lakes. Prior to construction of the system for each
development nrea or druinage basin of the pro ject, the developer shal) prepare a design nnd
mnnngement plan for the wetland/littoral zone thnt will be developed ns pnrt of thnt
system. The plan shall:
n. include plnn view nnd site location;
b. include typical cross sections of the surface wuter mnnagement system showing the
avernge wnter elevation nfter tnking nccount the effects of wellfield pumping nnd
irrigntion withdrnwnls on the lake system and the -3 foot contour (i.e., below
nverage elevation);
c. specify how vegetation is to be estnblished within this zone, including the extent,
method, type und timing of any plnnting or mulching to be provided; nnd
d. provide n description of any munagement monitoring ond mnintennnce procedures to
be followed in order to nssure the continued viability nnd henlth of the littoral zone.
The littornl zone as established shnll consist entirely of nntive vegetntion and shall be
mnintained permnnently ns part of the water mnnagement system. As n minimum, ten squnre
feet of vegetated littoral zone per linear foot of lake shoreline shnll be estnblished. -The
plnn shall be sub ject to approval by St. Lucie County, the City of Port St. Lucie, and the
South Floridn Wnter Mnnngement District prior to the beginning of any excavation nctivity.
Littornl zones shnll be constructed concurrent with Inke excnvntion nnd final grading.
Operotional permits for the surface wnter mnnngement system shnll not be issued until such
time ns the littornl zones have been constructed nnd inspected.
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S#r°I;_'.lwa is for deletions Pnge 19
WATER SUPPLY: POTABLE AND NONPOTABLE WATER
26. The primnry source of golf course irrigntion water shall be wnter derived from the surfnce
wnter marwgement system of Inkes supplemented by surficial aquifer wells as permitted by
SFWMD. No withdrawnls from lakes shnll be permitted which would adversely affect
wetlnnds required by the Development Order to be preserved on site, or wetlands and
littoral zones crented on site ns mitigation for wetland functions und vnlues lost ns a result
of this development. At the time of water use permit issunnce or renewal, the developer
shall comply with npplicable South Floridn Wnter Mnnagement District rules and criterin for
permit issuance, which criteria mny in the future require the use of reclnimed wnter.
The continued or proposed use of surficinl aquifer wells to supply irrigation water to golf
courses shall occur only ns permitted by South Floridn Wnter Mnnugement District.
27. Construction of ndditionnl golf courses beyond those nlready constructed shnll not occur
until it can be demonstrnted to the satisfnction of the South Floridn Wnter Mnnagement
District that sufficient irrigation water cnn be derived on n sustainnble bnsis from
wnstewnter sources and surface wnter management system Inkes to provide for irrigntion
requirements without adversely affecting wetlnnds required by the Development Order to
be preserved on site, or wetlands nnd littoral zones created on site ns mitigntion for
wetlnnd functions nnd values lost as n result of this development.
28. All wnter use by The Reserve Development of Regional Impact shall be metered, whether
derived from surface water mnnagement system lakes for irrigation or from wellfields
servicing The Reserve Utility Corp. for domestic use. Annunl wnter use datn shall be
provided to the South Florida Wnter Management District nnd Trensure Const Regional
Plnnning Council ns pnrt of the biennial report to be submitted by the developer as required
by Section 380.06, Floridn Statues.
29. To reduce the demnnd for irrigation wnter, a minimum of 30 percent of nll Inndscnping
materinl and 50 percent of nll plnnted trees shnll be native plnnts ndnpted to the soil and
climatic conditions occurring on site.
30. To the maximum extent consistent with wetlnnd protection, surficial nquifer wellfields
serving The Reserve Development of Regional Impact shnll be locnted such thnt principal
Innd uses within the cone of influence of such wells are open space, preserve, or residential
orea. In no cuse shall development which would use, handle, store, or produce hazardous or
toxic materinls occur within the cone of influence (i.e., one foot drnwdown nren) of n
surficial nquifer potoble water supply well, unless such use, hc-ndling, 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
approved by the nppropriute state permitting authority.
32. Water-snving plumbing devices shnll be required in nll construction (both residentinl and
nonresidential) to reduce potnble nnd nonpotnble wnter demnnd. These devices shnll include
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve ~RI-NOPC S#rilce-~I+w is for deletions Pa9e 2~
low flush toilets and efficient fnucets nnd shower heads to help reduce the use of potable
wnter for these uses.
33. Rates charged for potnble wnter use shull be structured to encourage wnter conservntion.
34. All residential water requirements shall be supplied by a common utility which shnll provide
water service to all existing and proposed development, except Snbnl Creek Phnses I, II,
III and IV.
35. No finnl plnnned development or plnt approvul shall be issued for The Reserve Development
of Regional Impact beyond construction authorized by the ~evelopment Agreement
executed by the ~epartment ofEconomic Opportunity, until the South Floridn Wnter
Mn-wgement District notifies St. Lucie County nnd the City of Port St. Lucie in writing thut
the method of providing potable nnd non potnble water needs to such further development
proposed by the developer is permitted nnd will not have adverse impacts to:
n. wetlnnds required by the ~evelopment Order to be preserved on site or wetlonds
nnd littornl zones created on site ns mitigation for wetlnnd functions nnd values lost
ns n result of this development;
b. the potentiometric head of the Floridnn Aquifer, if npplicnble; nnd
c. the nbility of existing legal users to meet their permitted potnble nnd nonpotnble
requirements.
Parnmeters nnd methods of hydrologic investigntions undertnken to demonstrate thut a
sufficient source of wnter is nvailnble to serve further development proposed by the
developer without ndversely impncting the items listed above shnll be established to the
satisfaction of the South Florida Water Mnnagement District. Receipt of n vulid South
Florida Wuter Mnnngement District consumptive use permit for a withdruwul shall
constitute complinnce with this section.
36. All residential, commercial and industrial wnter and sewer requirements shall be supplied by
the n common utility which shul) provide wuter nnd sewer service to all existing nnd
proposed development, except Sable Creek Phnses I, II, nnd IV, and Reserve Plnntntion I,
IIA, nnd IIB, which contnin lots which are in excess of the minimum requirements of one-
hnlf acre and any lots proposed within Sable Creek Phnse III (56 acre parcel) providing
such lots be nt lenst one acre in size. At such time nnd in the event wnter and/or sewer lines
are made avnilnble to lots contnined the subdivisions referenced herein, they shnll be
required to hook up to the common utility service then provided by the utility compnny.
37. Any conser~ts or other npprovals required from the Trensure Const Regional Planning Council
and/or in consultntion with other governmentnl agencies, ns a condition to further
development npprovals being issued nfter the effective date of the development order,
shall not be sub ject to unreasonnble delay after nll submissions and other dnta required by
such ngency (including TCRPC) from developer, hns been supplied.
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 21
38. Muintennnce nnd mnnagement efforts required to nssure the continued proper operntion of
nll components of the central water supply system shnll be the finnncinl and physical
responsibility of The Reserve Community Development District until such time as it m~ be
conveyed to nnother entity. Any entities subsequently nuthorized to replnce The Reserve
Community Development District shnll be required, at n minimum, to assume the
responsibilities outlined nbove or delegate such responsibilities to nnother entity to the
sutisfnction of the City of Port St. Lucie and St. Lucie County.
Approprinte plnns, specificntions nnd applications for the wnter plnnt expnnsion shall be
submitted to the Depnrtment of Environmentnl Protection (DEP) upon the existing wnter
treatment fncility reaching a finishing wnter maximum day demnnd equal to 80% of the
DEP's rnted plant cnpncity. Construction of the expnnsion shnll begin before or when the
fncility achieves a mnximum day finished wnter production equal to 90% of DEP's npproved
rnted plnnt capucity.
39. The unobligated Floridnn Aquifer well ns referenced on Mnp F, dated July 1987, revised
November 1988, as contnined in The Reserve Development of Regionnl Impnct Application
for Development Approval, shnll be capped nnd abandoned in accordance with South Florida
Water Mnnngement District criterin prior to commencement of development outside the
aren outhorized for development in the Development Agreement. The obligated well
referenced on Mc-p F ns described nbove shnll be capped and abandoned in nccordance with
South Floridn Wnter Manngement District criteria within 30 days of resolving such
obligation for off-site use.
WASTEWATER
40. Development shall only occur concurrently with the provision of ndequnte central
wnstewnter trentment services. Prior to applicntion for building permits for nny part of The
Reserve Development of Regional Impnct nt the beginning of ench phnse, the developer shall
demonstrate that adequate trentment fncilities will exist on schedule to hnndle all
wnstewater generated from both completed nnd plnnned development. Evidence of adequate
treatment and disposnl cnpnbility shnll be subject to npprovn) by St. Lucie County and the
City of Port St. Lucie in consultntion with the Department of Environmental Protection.
The centrnl wastewnter treatment system shnll be expnnded bnsed on the following flow
cnpncities (actunl 3 peak month avernge daily):
n. When flows reach 60% of permitted capacity, a consultant will hnve been chosen.
b. When flows reach 70% cnpucity, nppropriate plnns, specificntions and npplicntion for
wastewater plnnt expnnsion shall be submitted to the Department of Environmental
Regulation.
c. When flows rench 75% cupacity, construction shnll begin nnd be completed nnd
certified prior to flows reaching 95% of permitted capacity.
Resolution 12-004 Sinale Underline is for ndditions December 4, 2012
Reserve DRI-NOPC Sfrilc~+ru is for deletions Pnge 22
41. The existing and proposed wnstewater trentment nnd disposal system shnll be constructed
or modifitd to produce irrigation quality water so that spray irrigntion of such wnter will be
the primary wastewnter disposnl method. Excess wnstewnter mny be disposed of through
percolation ponds, ns permitted.
42. Maintennnce and management efforts required to nssure the continued proper operntion of
nll components of the central wnstewnter trentment system shnll be the finnncial nnd
physical responsibility of The Reserve Community Development District until such time ns
conveyed to nnother entity. Any entities subsequently nuthorized to replace The Reserve
Community Development District shnll be required, nt a minimum, to assume the
responsibilities outlined above or delegnte such responsibilities to another entity to the
satisfaction of St. Lucie County nnd the City of Port St. Lucie.
HAZAR~OUS MATERIALS AND WASTE
43. Within three months of the effective date of the Development Order (the earlier of two
dates if separate Development Orders nre issued by St. Lucie County nnd the City of Port
St. Lucie), the developer shnll submit a haznrdous materials mnnagement plnn for review
and npprovnl by the City of Port St. Lucie, nnd St. Lucie County in consultation with the
South Floridn Wnter Manngement ~istrict and the Depnrtment of Environmental Protection.
If said npproval is not obtnined within six months of the effective dnte of the Development
Order, no further final plnnned development npprovals or plats shnll be issued for any part
of the project until approvnl is obtnined. The plan shall:
n. require disclosure by nll owners or tennnts of non- residential property of nII
hnzardous mnterials proposed to be stored, used, or genernted on the premises;
b, require inspection of all business premises storing, using, or genernting hnzardous
muterials prior to the commencement of operntion, nnd periodicnlly therec-fter to
assure thnt adequnte fucilities and procedures nre in place to properly manage
hnznrdous materials pro jected to occur;
c. provide minimum stnndards and procedures for stornge, prevention of spills,
containment of spills, und transfer nnd disposal of such mnterinls;
d. provide for proper maintenance, operntion, nnd monitoring of huznrdous mnterials
mnnngement systems including spill nnd hnznrdous mnterials containment systems;
e. detail actions and procedures to be followed in cnse of spills or other accidents
involving hnznrdous mnterials; and
f. gunrantee finnncial nnd physicnl responsibility for spill clennup
MONITORIN6 AND COMPLIANCE
44. In nddition to all information required by Chapter 380, Floridn Statutes; by Chapter 9J-2,
Floridn Administrative Code; by St. Lucie County; and by the City of Port St. Lucie for
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve DRI-NOPC S#relce-~w is for deletions pQye 23
inclusion in nn bienninl report to be prepnred nnd submitted by the developer for The
Reserve, a Development of Regional Impnct, the following informntion must be included:
a. current, good qunlity nerinl photo showing rwtive uplnnd hnbitnt preserved pursunnt
to the Development Order, ncreuge of the preserved nrens, and copies of deed
restrictions assuring preservation of native uplnnd hnbitat ucrenge;
b. summary of Gopher tortoise surveys und relocntion efforts as required by the
Development Order; nnd
c. water use dntn (nmounts from all sources) per Development Order condition
requiring metered water use sources.
EDUCATION
45. From the dnte of ennctment of this resolution, until Janunry 1, 1989, uny residential
development permitted within The Reserve, shall be subject to the voluntnry school
assessment incorporated ns a pnrt of thnt unit's development npproval. Effective Jnnunry 1,
1989, nll residential development within this pro ject shnll be sub ject to the terms nnd
requirements of St. Lucie County Ordinance 88-16, School Impact Fees, nnd ns mcry
subsequently be nmended.
RECREATION AN~ OPEN SPACE
46. The developer shall reserve n minimum of eight acres of Innd in four pnrcels no less thnn
two acres each in size to be deeded free nnd clenr of nll liens and encumbrances to
homeowners' associntions within The Reserve Development of Regionnl Impnct for the
establishment of recreational fncilities geared to the needs of children living within the
development. Parcels shall be reserved in an arrnngement thnt will most conveniently serve
the most residents bnsed on proximity of residentinl areas. Prior to the delivery of any
recrentionnl parcel to nn appropriate homeowner's nssocintion, the developer shnll estnblish
n fund of not less thnn $20,000 for construction of, or construct nppropriate, recreationnl
fncilities on purcels to be turned over to the approprinte homeowners' nssocintion
POLICE AND PUBLIC SAFETY
47. Prior to the issuance of any building permits, in any portion of this project in the
unincorpornted nrens of St. Lucie County, the following nssessment shall be paid for the
purpose of police/public safety:
Residential:
Single Family
Multi-Family
Office:
Medical Office
Finnncinl Office
Other Office
$ 111 per unit
$ 99 per unit
$231 per 1000 sf
$506 per 1000 sf
$127 pe~ 1000 sf
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve DRI-NOPC S*rilce~l+w is for deletions Pnge 24
Retui 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 ennctment of n formnl public snfety (police) impact fee ordinnnce by the St. Lucie
County Bonrd of County Commissioners, the terms nnd conditions of that ordinnnce shall
npply to those portions of this project, described in Section B of this resolution.
FIRE PROTECTION
48. The developer shall reserve one parcel, n minimum size of two acres and configured to meet
the needs of the St. Lucie County/Ft. Pierce Fire District, within the Reserve Commerce
Park. This site shall be conveyed to the Fire District in a manner and time acceptnble to the
Fire ~istrict, if so required.
Prior to the issuance of nny 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 ~istrict the sum of $225 per unit to meet the fire protection needs of this
development.
Upon the ennctment of n formnl public safety (fire) impnct fee ordinance by the St. Lucie
County Bonrd of County Commissioners, the terms and conditions of thnt ordinance shall
upply to those portions of this pro ject, described in Section B of this resolution.
Note: This condition is sntisfied
ENER6Y
49. In the final site nnd building design plnns, the developer shnll:
n. incorpornte those energy conservation measures identified on pages 25D.1 and
25D.2 of The Reserve Development of Regional Impnct Application for Development
ApprovQl;
b. comply with the Florida Thermal Efficiency Code Pnrt VII, Chnpter 553, Florida
Stntutes; nnd,
c. to the mnximum extent feasible, incorporate mensures identified in the Treasure
Const Regional Plnnning Council's Regional Energy Plan dnted Mny, 1979, nnd the
Trensure Const Regionnl Pbnning Council's Regional Comprehensive Policy Plan.
As a minimum, the developer sh~all demonstrate that incorporation of energy conservntion
measures already committed to nnd those mensures to be incorpornted by the requirement
of Condition 51 below has reduced projected energy demnnd by 20 percent below that
demand which would hnve occurred without incorporution of the mensures.
Resolution 12-004 Sinale Underline is for additions ~ecember 4, 2012
Reserve DRI-NOPC S#rilce-~Im~ is for deletions pnge 25
50. The developer shnll incorpornte each of the 17 energy snving methods outlined in the
ENERGY section discussion of the Trensure Const Regional Plnnning Council's Assessment
Report for The Reserve Development of Regionnl Impnct unless it can be demonstrated to
the satisfaction of the Trensure Coast Regionnl Plnnning Council that individually ench
method is not cost effective.
TRANSPORTATION
51. In the event the Developer decides to incrense the nmount of permitted uses within the
Proposed Development, the Developer shQll include in nn upplication for PU~ zoning for the
PUD pod within which such chnnge is contemplnted, an nnnlysis showing the proposed change
nnd how it conforms to the conversion methodologies set forth below. In addition, the DRI
bienninl Report shnll include information indicuting the cumulative number of single-family
dwelling units, condominium/townhouse dwelling uhits, timeshnre units, hotel units, office
square footnge, industrinl square footage, nnd retuil square footnge that huve been
npproved by the City and the County ns of the date of the biennial Report, but in no event
shall more than 50,000 square feet of genernl (ight industriul squnre footnge, 25,000
squnre feet of office square footage or 25, 000 squnre feet of shopping center squnre
footnge be converted to nnother use. The following conversion matrix shnll be used to allow
Innd use conversions within the Proposed Development:
To 6et
Lnnd Trude
Uu O{~f ~~~ c~~e Condo/
Timeshorc 5~~
Light Fanily Townhouse ~~ Office Ctnter
Industrial
6tnErnl Light
1 ppp SF
Industrial -- 1.40 du 2.42 du 1.70 rms 2.57 units 579 sf 253 sf
Single-Fnltlily 1 DU I 715 Sf -- 1.73 du 1.21 rms 1.83 units I 414 sf ~ 181 sf
Condo/Townhoust ~ 1 DU 413 Sf 0.58 du ~-- 0.70 rms 1.06 units ~ 239 sf 104 sf
HOtel 1 RM 590 Sf I 0.82 du 1.43 du +-- I 1.51 units 341 sf 149 sf
I TirtleshalK 1 Unit I 390 Sf 0.55 du 0.94 du 0.66 rms -- 226 sf I 99 sf
I OfflCe I 1,000 SF I 1727 Sf 2.42 du 4.19 du 2.93 rms 4.43 units I-- I 437 sf
~ Shoppirg Center ~ 1,000 SF ~ 3953 Sf ~ 5.53 du ~ 9.58 du ~ 6.71 rms ~ 10.14 units ~ 2289 sf I--
Note: Consistent with section 380 .06(19)(b). F.S.. residential uses mnv not increase bv more thnn 10
pe~cent throuah the us e of the conversion matrix.
52. Gontracts shnll be let within 18 months of the effective date this amended development
order (April 20, 2004) to construct the following listed improvements (i nnd ii):
i) Signalization nt St. Lucie West Boulevnrd nnd I-95 West Ramps intersection; nnd,
ii) Extend the southbound right-turn Inne, including the decelerntion distnnce; to a location
600 feet back from the STOP bnr for the southbound left-turn lane.
This improvetnent is complete.
53. No building permits shnll be issued for development thnt cumulntively generntes more thnn
the total PM peak-hour threshold trips or date threshold, whichever comes Iater, ns
Resolution 12-004 Sinale U--derline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions pQye 26
indicnted in Table 1, listed nfter Condition Number 61 until one of the listed alternative
nctions has occurred for each of the indicnted improvements.
54. As n minimum, the Developer shnll pcry a fair shnre contribution consistent with the road
impact fee ordinnnce of St. Lucie County.
55. Beginning two years nfter the approval date of this Development Order (April 20, 2004) a
PM peak-hour trip generntion summary of approved development shnll be provided to the
County of St. Lucie on a Bi-ennial bnsis.
56. Commencing on December 20, 2008 nnd continuing every two yenrs therenfter, the
developer shnll submit n Bi-enninl Stntus Report indicating the stntus (schedule) of
gunrnnteed improvements. This Bi-ennial Stutus Report shnll be submitted to the City of
Port St. Lucie, St. Lucie County, FDOT, TCRPC and the ~GI4 DEO ns part of the
Development of Regional Impact biennial Report.
The Bi-ennial Stntus Report shnll list all roadway improvements needed to be constructed,
the gunrnnteed dnte of completion for the construction of ench needed improvement, the
pnrty responsible for the gunrnnteed construction of each improvement, nnd the form of
the binding commitment that gunrnntees construction of ench improvement. Additionnlly,
this report sholl include the most recently provided trip generation summary ns required
under Condition 55 and any Innd use trnde-off conversions thnt have occurred pursunnt to
Condition 51 of this Development Order since the execution of the Development Order.
57. No building permits shall be issued for development that cumulntively generates more thnn
3153 totnl PM pec~k-hour trips or after December 31, 2005, whichever occurs Inter, until
the indicnted improvement hus been included within the first three years of the udopted
Cnpital Improvements Program for either St. Lucie County or the City of Port St. Lucie, or
until the indicnted improvement has been included within the first three years of the
Florida Depurtment of Trnnsportation's Adopted Work Progrnm, or until contracts hnve
been funded and let by for improvements to obtain the following rondwny configurntion
listed below including the nppropriate lane geometry at the intersections, signnlization,
lighting and associated improvements (i)
i.) Six-lane St. Lucie West Boulevard from Villuge Purkwuy/Commerce Center Drive
to Peacock Boulevnrd. This improvement includes the construction of n six-Inne
bridge over I-95.
ii.) St. Lucie West Boulevard at I-95 Southbound Rnmps
Enstbound Reserve Blvd Westbound St. Lucie West Blvd
Three through Innes Two through lanes
One right-turn Inne
Resolution 12-004 Sinale Underline is for udditions Oecember 4, 2012
Reserve DRI-NOPC ~ is for deletions p~ 27
Southbound I-95 Southbound Off-Rnmp
Two left-turn tanes
One right-turn Inne
iv.)
St. Lucie West Boulevnrd at I-95 Northbound Rnmps
Enstbound St. Lucie West Blvd
Two left-turn Inne
Three through Innes
Westbound St. Lucie West Blvd
Three through lunes
One right-turn Iane
Northbound I-95 Northbound Off-Rnmp
One left-turn Inne
Two right-turn lanes
2"d receiving Inne for the I-95 Northbound On Rnmp to accommodate dunl
enstbound left turns at the I-95 east rnmps intersection.
The Developer muy provide for the construction of this improvement through n jointly
funded undertaking nmong privnte and/or public entities nnd such construction nnd funding
shall sntisfy this condition provided it is the subject of a binding executed developer's
ngreement or contrnct. T~:~ ~ere~eper-skcll `_a ~+~e~#e-i~ ;,;.:.'
#ee~~:,-~.~+#s-#er _II ~esigp--er-d ~~
58. No building permits shall be issued for development that cumulntively generntes more than
3153 totnl PM penk-hour trips or December 31, 2005, whichever occurs Inter, until an
operntionnl nnnlysis of the Village Pnrkwny/St. Lucie West Boulevnrd roundnbout is
conducted. This nnalysis shall be completed on n bi-ennial basis and submitted to the City
of Port St. Lucie nnd St. Lucie County with the Bi-enninl report. The operntional analysis
shall include monitoring of cur~ent snfety and operntionnl conditions nnd shall project
operntion conditions for a three-yenr period. The methodology of such an annlysis shnll be
reviewed and approved by the City of Port St. Lucie nnd St. Lucie County. In the event that
the overnll operating conditions of the roundnbout nre pro jected to be below level of
service "~" or safety deficiencies nre identified, operationnl or geometric improvements
shnll be implemented to provide level of service "D" or better. The roundabout/intersection
shull be improved ns necessary up to nnd including the intersection geometry identified in (i)
below which reploces the roundabout with n stnndnrd intersection. Building permits shnll
not be issued 24 months nfter n need for an improvement hns been identified by the
operationnl study or projected until contrncts hnve been funded and let by the Developer
for the identified improvements. Such improvements mny include additionnl turn Innes,
wnrrnnted signnlizntion, pnvement mnrkings, signuge, lighting, and nssociuted improvements
(i ):
i) Village Parkway nnd St. Lucie West Boulevnrd/Reserve Boulevard
Resolution 12-004 Sinale Underline is for ndditior~s December 4, 2012
Reserve DRI-NOPC S#~ce-~a is for deletions P~ 28
Northbound Vilinge Pnrkway
One left-turn Inne
Two through Innes
One right turn Inne
Southbound Vilinge Pnrkway
Two left-turn Innes
Two through Innes
One right-turn Inne
Enstbound Reserve Boulevnrd
One left-turn lane
Two through Innes
One right-turn lune
Westbound St. Lucie West Blvd
Two left-turn Innes
Two through lanes
One right-turn Inne
59. The Developer shall conduct a signal wnrrnnt annlysis ut the following intersections
beginning Jununry 2008. The signnl wnrrant nnnlysis shall be continued on n bi-ennial bnsis
until al) signnls nre wnrranted.
n. 6lndes Cut-off Rond and Village Parkway,
b. Glades Cut-off Road nnd Reserve Boulevard.
The nnalyses shnll be performed during the penk season and presented and npproved by the
City of Port St. Lucie nnd/or St. Lucie County, as npplicable. The nnnlysis may be limited to
providing trnffic volume counts only when agreed to by either the City of Port St. Lucie
nnd/or St. Lucie County, ns npplicable. The signnl warrnnt annlysis shall project warrnnts
for n one yenr period.
Additional certificates of occupancy shall not be issued nine months ufter the analysis
showing a traffic signal is warrnnted until either (i or ii):
i) Contrncts hnve been funded nnd let by the Developer for the installntion of the
trnffic signnl and npplicable intersection improvements including npproprinte Inne
geometry, signalization, pavement markings, signage, lighting nnd nssocinted
improvements; or,
ii) Within sixty (60) days after n signnl is warrnnted, a letter of credit equivalent to
120% of the design nnd construction costs of the applicnble signal nnd intersection
improvements shnll be posted nssuring that the npplicnble signnl will be instnlled
within 12 months after the signnl is warrnnted.
During the site plnn approvnl process, n truffic study shnll be submitted to St. Lucie
County or the City of Port St. Lucie, as npproprinte, to determine Inne geometry for
internnl roadways nnd their intersections with collector or nrterial streets.
60. Previous Condition 60 of R-04-081 ~~e1e#ed-wns deleted in Resolution 09-016.
REASON: Improvements complete:
61. No building permits shnll be issued for development thut cumulatively generates more thnn
the 3,867 totnl PM penk-hour trips or after December 31, 2010, whichever occurs later,
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Page 29
until one of the listed alternative nctions has occurred for one of the following indicated
improvement groups (1, 2 or 3) nt the intersection of Midwny Road nnd Selvitz Road.
1.) Add a second enstbound and a second westbound through Inne; or
2.) Add enstbound nnd westbound right-turn lanes; or
3.) n. Add northbound nnd southbound left-turn lanes; nnd
b. Add u southbound right-turn lane; or
c. Add nn enstbound right-turn lane.
Alternntive Actions:
A.) Contracts have been let to construct the indicated improvements; or,
B.) The indicnted improvement has been included within the first three yenrs of the
udopted Capital Improvements Progrnm for St. Lucie County or the City of Port St.
Lucie, or the first three yenrs of FDOTs adopted Work Progrnm; or,
C.) An nnalysis hns been conducted that demonstrntes the indicated improvement(s) are
not needed. The nnalysis shnll nlso identify the new improvement(s) nnd new trip
and date thresholds when such improvement(s) will be needed. The methodology for
such nnalysis nnd the study results shnll be provided to the Trensure Const Regional
Plnnning Council (TCRPC) nnd the FDOT for review and shnll be approved by the
Department of Economic Opportunity (DEO). Prior to the redefined threshold being
renched, the improvement shnll be let for construction or shnll be programmed for
construction within the first three years of the Capital Improvements Progrnm for
the City of Port St. Lucie or St. Lucie County or FDOTs adopted Work Program; or,
p.) An npplicnble lower level of service hns been adopted by the mnintaining agency and
nn annlysis hns been conducted that demonstrntes the indicated improvement(s) nre
not needed. The nnalysis shnll nlso identify the new improvement(s) nnd new trip
and dnte thresholds when such improvement(s) will be needed. The methodology for
such unnlysis and the study results shull be provided to the Trensure Coast Regionnl
Plnnning Council (TCRPC) and the FDOT for review nnd shall be npproved by the
Depnrtment of Economic Opportunity (DEO). Prior to the redefined threshold being
reached, the improvement shnll be let for construction or shall be programmed for
construction within the first five yenrs of the Cnpitnl Improvements Program for
the City of Port St. Lucie or St. Lucie County or first three years of FDOTs
ndopted Work Progrnm; or,
E.) The City of Port St. Lucie and/or St. Lucie County has adopted n long-term
concurrency mnnngement system (CMS) and includes the indicated improvement(s) in
the long-term CMS; or,
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Pnge 30
F.) A local government development agreement consistent with sections 163.3220 through
163.3243, F.S. hns been executed and attnched as an eachibit to the Development Order.
62 St. Lucie Countv and the developer shall either amend existina impact fee a4reement RIF
04-002 or enter into an imanct fee aoreement. which in either form shnll drovide the
developer credits uaainst St. Lucie Countv Road Impnct Fees on n dollar for dollnr basis fo~
transoortution concurrencv mitioation imolemented dursunnt to the Reserve DRI
Develoament Order. includina credits for:
i) Proportio-wte share nnd fair share pavments previouslv aaid or txivable in the future
bv the develoder; and
ii) Cost of trunsdortntion mitiaation nroiects previouslv constructed or to be
constructed bv the develoder. Trnnsdortation mitiaation pro iects include nll costs
associated with a droiect. includina desiqn, oermittinq, riaht of wav. construction
and inspection costs to the extent aoalicable to a aiven mitiaation proiect.
It is nlso recoanized that Condition 32(Cl of the Verano DRI Development Order provides,
thut Verano Develonment. LLC. the develoder of the Verano DRI, has voluntnrilv a4reed to
crioritize and advnnce certnin imarovements to St. Lucie West Boulevnrd nt the reauest of.
St. Lucie Countv. As such, nnv nmendment to RIF 04-002 or new imdact fee nareement
addressed bv this condition shall also provide the option for the Reserve to utilize imanct,
fee credits resultina from Condition 32(Ca, sub_iect to Vernno bevelopment LLG,
nuthorizina as a t~rtv, the imdact fee nareement.
The followina Condition 32(Cl from the Verano DRI Development Order is provided for
reference.
Vernno DRI Condition 32(Cl. The Develoder hns voluntarilv nareed to drioritize nnd ndvance
the followina mobilitv improvements ("Prioritv Imnrovements"1, sub.iect to the abilitv to
obtnin reauisite aermits:
1.) Within 18 months from the effective date of this tenth nmendtnent to Resolution,
89-73 the Develooer shnll let contrncts for the construction of the followinc~
imdrovements includina the nppronriate Inne Qeometra, sianalization. liohtinc~ and
nssociated imorovements:
n. Dual eastbound left-turn Innes on St. Lucie West Boulevnrd at Peacock
Boulevard;
b. Includina sianal coordination between the I-95 west rnmp. I-95 enst rars~p
nnd Peacock intersection
2,) Within 5 venrs from the effective date of this fifth nmendment to Resolution 03-
R68, or bv 1.037 totnl P.M. deak hour trids, whichever occurs enrlier. the Developer
shnll (et contrncts for construction the followina itnorovements includina the
appropriate lune aeometrv, si4nnlization, liQhtina and nssocinted imdrovements:
Resolution 12-004 Sinole Underline is for udditions December 4, 2012
Reserve DRI-NOPC S#rikt~l+w is for deletions Page 31
a. Construction of a second westbound lane on St. Lucie Boulevc-rd from the I-
95 nnd St. Lucie West Boulevnrd northbound rnmds to the St. Lucie West
Boulevnrd WB to I-95 SB rnmo: nnd:
b, Conversion of the Pencock Boulevnrd. southbound throuah lane to a shnred
throuah nnd riaht-turn Inne.
3.) The Develooer shall execute n bindina oareement with the Citv of Port St. Lucie for
the Prioritv Imarovements. sub iect to nermittina. The desian. dermittina,
construction nnd insdection costs for the Prioritv Imnrovements shnll be credited
toward the $3.595.076.00 crobortionnte shnre contribution ns set forth in
Condition 32B. includina credits for desian and dermittina costs for anv Prioritv
Improvement comnonent thnt is not dermitted. The bindina aareement shull snecifv
odtions for how anv balunce of the $3.595.076 bronortionnte share that is not
exaended on the Prioritv Imdrovements f"Rernainina Prodortionate Shnre"1 shull be
apolied to uchieve n mobilitv imdrovement to St. Lucie West Boulevard. which shall
be drioritized in the followina order:
a. Utilizin4 the Remninina Proeortionate Shnre. in coniunction with sufficient
fundin4 from other sources. includin4 FDOT. to widen St. Lucie West
Boulevnrd to four lunes throuah all or dnrt of the seament between the east
end of St. Lucie West Overnnss nnd Pencock Boulevard nnd/or to construct
additional imbrovements to the St. Lucie West/Pencock Boulevard
intersection; or
b. Utilizin4 the Remninina Prodortiorwte Share to construct imnrovements to
St. Lucie West Boulevard within one mile to the ecist of the bridoe.
The nbove odtions in Condition 32(Cl3.a. nnd b. shall be credited in the same mnnner ns
described for the Prioritv Imerovements, The develoeer nnd Citv. in consultation with St.
Lucie Countv. also have the odtion to execute a bindina aareement to imnlement onlv
Condition 32fC)1 rnther than Condition 32(Cl2 nnd utilize the Retrwinina Pronortionnte
Shnre. in coniunction with fundin4 from FDOT or nnv other nvnilable fundina source. to
exoedite all or a ~art of the imdrovements described in Condition 32(C13.a. If this ootion is
utilized. the Remninina Probortiorate Share bm~ment would be due within 5 veurs from the
effective dnte of this fifth nmendment to Resolution 03-R68, or bv 1.037 total P.M. nenk
hour trios. whichever occurs enrlier. Im~lementntion of Condition 321C) shnll fullv satisfv
mitiaation reauirements for imtxicts to St. Lucie West Boulevnrd.
One ven~ after Phase 1 imdrovements (l.a nnd l.bl are comnleted the develoaer shnll
conduct nn nnnlvsis of St. Lucie West Boulevnrd between the southbound off ramo nnd
Peacock Boulev4rd. If said nnnlvsis indicates oderntionnl imnrovements nre worranted then
develooer shnll coordinate n meetina with FDOT. Citv of Port St. Lucie. St. Lucie Countv and
the TPO with the aonl of advcincina anv of the imdrovernents sdecified in the condition or
otherwise oareed to in n bindina aareement ~rovided thut Qovernmentnl fundina sources are
sufficient to match the develoder's contribution nt no less thnn 60% townrd the selected
imorovements, In no case shall this condition be construed to reauire the develoder to
contribute fundina and imarovements thnt collectivelv exceed n vnlue of $3.595.076.
Reso~utio~ 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletior~s pQye 32
Condition Threshold Locntion
Satistied ~
Total °
~ate
~ PM Trips
3 163~I 12 1 0 St. Lucie West Boulevard
, /3 / 5 I Qnd NW Peacock Boulevard
Parfially
TABLE I
ImprovemerM/Lane
Addition
Second left-turn lone
Extend dunl left-turn
Innes
at least 610 feet
- ~
Alternative Actions
Improvement Location A B C ~ E F
Enstbound St. Lucie West * * * * *
Boulevard
6sMplete 3,153 12/31/05 St. Lucie West Boulevord Second left-turn lane Southbound NW Peacock * * * * _ *
YES nnd NW Peacock Boulevard Boulevnrd
Glades Cut-Off Road and Westbound Commerce * * *
YES 3,963 12/31/07 Commerce Center Parkway One right-turn Iane Center Pnrkway
~~ I West Midwa Road and 25th
6sh+plete 3,963 12/31/07 y Right-turn lanes Southbound 25th Street *- *- *- - - *-
YES Street
YES I 3,963 12/31/07 I West Midwny Rond and 25th Extend left-turn Iane to Enstbound West Midwny * * * *
Street 590 feet, includinq taper
St. Lucie West Boulevnrd Northbound and
YES 3,963 12/31/07
and Cnlifornin Boulevard Second through lanes Southbound California * * * *
Boulevnrd
YES I 3,963 I 12/31/07 I St. Lucie West Boulevard
~ One through/left-turn Southbound Bethany * * * * *
nnd Bethnny
Drive Inne (restriping) ~rive
II YES I 4,896 12/31/12 I West Midwny Road and Sepnrate left-turn lane Eastbound and Westbound * * * *
U Selvitz Road West Midway Road
U.C. - Unde~ Construction
ALTERNATIVE ACTIONS
A) Contracts hnve been (et for improvements to obtnin the indicated improvement(s).
Resolution 12-004 Sinale Under line, is for additions December 4, 2012
Reserve DRI-NOPC S*rike-~hw is for deletions Page 33
B) The indicated improvement has been included within the first three years of the ndopted Cnpital Improvements Progrum for
either St. Lucie County or the City of Port St. Lucie or the first three years of FDOT's ndopted Work Program.
C) An annlysis has been conducted that demonstrntes the indicated improvement(s) nre not needed. The nnnlysis shall also
identify the new improvement(s) nnd a new trip threshold when such improvement(s) will be needed. The methodology for such
nnalysis and the study results shall be provided to the Treasure Coast Regional Planning Council (TCRPC) and the FDOT for
review and shall be npproved by the Department of Economic Opportunitv (DEO~. Prior to the
redefined threshold being reached, the improvement shall be let for construction or shall be progrummed for construction
within the first five years of the Capital Improvements Progrnm for the City of Port St. Lucie or St. Lucie County.
D) An applicable lower level of service standard hns been ndopted by the mnintaining ugency and an annlysis that demonstrates
the indicnted improvement(s) are not needed has been conducted. The analysis shnll also identify the new improvement(s) und
a new trip threshold when such improvements will be needed. The methodology for such nnalysis and the study results shall be
provided to the TCRPC nnd the FDOT for review nnd shnll be npproved by the ~ DEO. Prior to the redefined threshold
being renched, the improvement shnll be let for construction or shnll be programmed within the first five years of the City of
Port St. Lucie's or St. Lucie County's Cnpital Improvements Program.
E) The City of Port St. Lucie nnd/or St. Lucie County has adopted a long-term concurrency manngement system (CMS) nnd
includes the indicated improvement(s) in the long-term CMS.
F) A locnl government development ngreement consistent with sections 163.3220 through 163.3243, F.S. hns been executed and
nttnched as an exhibit to the Development Order.
Resolution 12-004 Sinale Underline is for odditions December 4, 2012
Reserve DRI-NOPC ~ra is for deletions Page 34
BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as
follows:
B. The legnl description for the property under this nmended Development of Regionnl Impact
Application for Development Approvnl 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, Rnnge 39 East, St. Lucie County, Florida, more pnrticulnrly described as follows:
Begin nt the Southwest Corner of Said Section 15; Thence South 89°23'26" Eost, nlong
the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection
with the Westerly Line of a Pnrcel of Land Described in Official Records Book 514, Pages
237-239, Public Records of St. Lucie County, Florida; Thence North 44°46'OT' 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 Plnt of 6. O. Tenm Industrial Park - Unit One,
as Recorded in Plat Book 23, Page 31, Public Records of St. Lucie County, Floridn; Thence
Northeasterly along the Westerly Line of Said Plat of G. O. Tenm Industrial Pnrk Unit One
the Fo{lowing Courses and Distances:
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 Railw~; Thence North 44°45'58" Enst nlong Said
Easterly Right-of-way Line, n Distance of 120.00 Feet; Thence South 45°13'53" East,
510.04 Feet; Thence South 63°39'59" Enst, 158.11 Feet to the Point of Intersection with
the Easterly Line of a Floridn Power nnd Light Easement ns Recorded in Deed Book 198,
Pnge 1040, Public Records of St. Lucie County, Floridn.
Thence South 44°45'58" West, nlong Said Westerly Line of Said Plat of G. 0, Team
Industrinl Pnrk - Unit One nnd its Northeriy Prolongntion nnd the Easterly Line of Said
Floridn Power nnd Light Ensernent, n Distnnce of 4001.62 ~eet; Thence South 89°29'Ol"
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 Plat Book 16, Page 23, Public Records of St. Lucie County, Florida; Thence
South 89°29'Ol" Enst, 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 n Florida Power nnd Light
Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie
County, Florida; Thence South 00°21'26' West, ulong the Westerly Line of Snid Florida
Power and Light Easement, n Distnnce of 397526 Feet to the Point of Intersection with
the No~th Line of Said Section 23; Thence North 89°23'16" East, along Snid North Line of
Section 23, n Distnnce of 33.09 Feet to the Point of Intersection with the Westerly Line
of n Florida Power and Light Ensement, Recorded in Officiol Records Book 97, Page 504,
Public Records of St. Lucie County, Floridn; Thence South 00°00'15" West, nlong the
Westerly Line of Said Floridu Power nnd Light Ensement, n Distance of 5305.53 Feet to
the Point of Intersection with the North Line of Said section 26; Thence South 00°00'02"
East abng 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 Distnnce 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 und Distances;
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve ~RI-NOPC S*ril~~l+rd is for deletions Pnge 35
Afore Said Point Being a Point in a Curve Concnve to the Northwest to Which a Radiul Line
Bears South 47°50' 57" Eost with a Rodius of 600.50 Feet; Thence Southwesterly along
the Arc of Snid Curve, n Distnnce of 176.71 Feet, Through a 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 Southeast, Having n Radius of 621.42 Feet; Thence Southwesterly along the Arc of
Snid Curve, n Distance of 416.77 Feet Through n 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 nlong the Arc of Said
Curve 149.35 Feet, Through a Centrnl Angle of 65° 19'il"; 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°05'4T' East, 140.00 South 05°46'23" West, 64.11 Feet;
Thence South 86°05'47" Enst, 960.95 Feet to u Point of Curvnture of a Curve Concave to
the Southwest Having a Radius of 600.50 Feet; Thence Southensterly nlong the Arc of
snid Curve a Distance of 626.00 Feet Through n Central Angle of 59°43'45", to a Point of
Compound Curvature of a Curve Concnve to the Southwest, Having n Radius of 1295.00
Feet; Thence Southensterly nlong the Arc of Said 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 n Florida Power and Light Easement Recorded in Official Records Book 97, Page 504,
Public Records of St. Lucie County, Floridn; Thence South 00°00'02" East, along the
Westerly Line of Snid Florida Power and Light Easement, a Distnnce of 411.27 Feet;
Thence along the westerly Line of a Florida Power and Light Ensement Recorded in Official
Record Book 468, Pnge 2897, the Following Courses und 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°52'1T' West,
1527.70 Feet; Thence North 40°43'16" West, a Distnnce of 1216.31 Feet; Thence North
40°04'45" West, a Distance of 95.12 Feet; Thence North 44°OT10" 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 Distnnce of 475.89 Feet; Thence South 61°51'31" West, a Distnnce of
188.61 Feet; Thence North 66°42'00" West, a Distnnce of 79.81 Feet; Thence North
43°42'56" West, n ~istance of 2428.68 Feet; Thence North 44°56'04" West, n Distnnce of
1054.01 Feet; Thence North 44°47'33" West, a Distance of 636.86 Feet to n Point of
Intersection with the Easterly prolongation of the Southerly Line of the Plnt of Snbnl
Creek Phase IV, recorded in Plat Book 34, Pages 17 and 17A, Public Records of Snid St.
Lucie County; Thence North 43°08'40' West along Said Eosterly prolongntion nnd Snid
Southerly Line, a Distnnce of 1026.67 Feet; Thence North 43°34'56" West nlong Snid
Southerly Line nnd the Southerly Line of the Plat of Snbal Creek Phnse II, recorded in Plat
Book 24, Pages 1, lA thru 1C, Public Records of Snid St. Lucie County nnd the Westerly
prolongation of Said 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 Rnilway;
Thence North 44°45'38" East, along the Easterly Right-of-way Line of the Florida East
Coast Rnilway, a Distunce of 8,141.46 Feet to the Point of Intersection With The West
Line of Snid Section 15; Thence South 00°36'34" West, nlong the West Line of Said
Section 15, a Distnnce of 110.12 Feet to the Point of Intersection with the South Line of
Said Section 15 nnd the Point of Beginning."
Contnining 2,680 Acres More or Less.
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~w is for deletions Pnge 36
C, Any modifications or deviations from the npproved plans or requirements of this
Development Order shnll be submitted to the St. Lucie County Plnnninq
nnd Development Services Director nnd the Port St. Lucie City Planner, ns appropriate, for a
determination by the Board of County Commissioners of St. Lucie County/City Council of the
City of Port St. Lucie, as to whether the change constitutes a substnntinl deviation ns
provided in Section 380.06(19), Florida Stntutes. The Bonrd of Commissioners of St. Lucie
County/City Council of the City of Port St. Lucie, ns npproprinte, shnll make its
determination of substantinl deviation at a public hearing after notice to the developer.
D. St. Lucie County/the City of Port St. Lucie shall monitor the development of the pro ject to
ensure compliance with this bevelopment Order. The St. Lucie County
Plannina nnd Develotiment Services Director and/or the City of Port St. Lucie City Planner,
ns nppropriate, shnll be the local official nssigned the responsibility for monitoring the
development nnd enforcing the terms of the Development Order. The Growth Manngement
Director/City Planner may require periodic reports of the developer with regnrd to any item
set forth in this Development Order.
E. The developer shal) mnke n bi-ennial report ns required by Section 380.06(18), Florida
Statutes. The biennial report sholl be submitted beginning on December 20, 2008 nnd
then every other year on the anniversary date of the adoption, of Resolution 89-73, or the
enrlier dnte if two sepnrc-te orders are adopted, of this amended Development Order and
shall include the following:
1. Any chnnges in the plun of development, or in the representations contained in the
Applicntion for Development Approval, or in the phnsing for the reporting period nnd
for the next reporting period;
2. A summnry compnrison of development octivity proposed nnd actunlly conducted for
the reporting period;
3. Undeveloped tracts of land that have been sold, trnnsferred, or leased to a
successor developer;
4. Identificntion nnd intended use of lands purchnsed, lensed, or optioned by the
developer nd jacent to the original site since the Development Order was issued;
5. An nssessment of the developer's und local government's complinnce with the
conditions of approvnl contnined in this Development Order and the commitments
specified in the Applicntion for Development Approval nnd summarized in the
Regional Plnnning Council Assessment Report for the development undertnken;
6. Arry request for n substnntinl deviation determinntion that 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 locnl government jurisdiction for any portion of
the development since the Development Order wns issued;
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S*~i1~ is for deletions Pnge 37
8. A list of significant locnl, Stote, nnd federnl permits which hnve been obtnined or
which nre pending by agency, type of permit, permit number, and purpose of ench;
9. The bi-enninl report shal( be transmitted to St. Lucie County, the City of Port St.
Lucie, the Treusure Const Regionnl Plnnning Council, the Floridn Department of
Economic Oonortunitv, the Floridn ~epnrtment of IVntural Resources, the South
Florida Wnter Management District, the Floridn Department of Environmental
Regulation, nnd such additionnl pnrties ns mny be npproprinte or required by Inw;
10. A copy of nny recorded notice of the adoption of a Development Order or the
subsequent modification of nn adopted Development Order that was recorded by
the deve(oper pursuant to Subsection 380.06(15), FloridQ Statutes; and
11. Any other informQtion requested by the Board of Commissioners of St. Lucie
County/City Council of the City of Port St. Lucie or the St. Lucie County 6pew#~-
able.~,;:3:.~rep# Plnnnino and Develooment Services Director/Port St. Lucie City Planner
to be included in the bi-ennial report.
F. The def+nitions found in Chnpter 380, Florida Statutes, shall npply to this amended
Development Order.
G. St. Lucie County hereby agrees thnt prior to Mnrch 14, ~ 2020, The Reserve
~evelopment of Regionnl Impact shul) not be subject to down zoning, unit density reduction,
or intensity reduction, unless the County/City, ns appropriate, demonstrates that
substantial changes in the conditions underlying the approval of the amended Development
Order have occurred, or thnt the amended Development Order wns based on substnntinlly
innccurate information provided by the developer, or that the chnnge is cleurly estnblished
by St. Lucie County/the City of Port St. Lucie to be essentiul to the public henlth, safety, or
welfare.
H. This amended Development Order shnll be binding upon the developer und its nssignees or
successors in interest. It is understood thnt any reference herein to uny governmentnl
ngency shnll be construed to menn nny future instrumentality which mny be crented and
designated ns 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 Development Order is conditiorxil and shall not be
construed to obvinte the duty of the developer to comply with all other npplicable locnl,
Stnte, and federnl permitting requirements.
J. In the event that nny portion or section of this nmended Development Order is deemed to
be invnlid, illegal, or unconstitutionnl by a court of competent jurisdiction, such decision
shall in no mnnner affect the remnining portions or sections of this amended Development
Order, which shall remnin in full force nnd effect.
K. This amended Development Order shnll become effective upon adoption.
Resolution 12-004 Sinale Underline is for additions December 4, 2012
Reserve DRI-NOPC ~ is for deletions pQy~ 38
L. Certified copies of this nmended Development Order shall be trnnsmitted immedintely by
certified mail to the Depnrtment of 6err~narti#y-A~#e+~s Economic Onnortunitv, the Treasure
Const Regional Plunning Council, nnd Reserve Homes Ltd., L.P., a Delnware Limited
Partnership, the successor in interest to Cnllaw~ Lnnd nnd Cnttle Company.
M. Within 21 days of the effective date of this resolution amending Resolution No. 89-73, the
developer, shnll record a notice of ndoption of this order in compliance with Chnpter
380.06(15)(f), Floridn Statutes, with copies of said notice being provided to the Florida
Department of 6e~rti#~-A##ei~s Economic Oodortunitv, Treasure Const Regionnl Plnnning
Council, St. Lucie County and the City of Port St. Lucie.
After motion nnd second, the vote on this resolution was as follows:
Tod Mowery, Chctirman AYE
Frnnnie Hutchinson, Vice-Chair AYE
Chris Dzadovsky, Commissioner AYE
Pnulu Lewis, Commissioner AYE
Kim Johnson, Commissioner AYE
PASSED AND DULY ADOPTE~ this 4th Dcty of December, 2012.
~,. _. .._.
~~~~. c.. t:?
-. - - ,f:
- - _>~'~f~
- ,. ~ `:.~
- - ~;~ ~-~
-- -t___f-=='~:~
~
__ __-~ -.~,`~~~.
- =- ~;
- - = ~ -~ ..., :
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY ~
Chairman
APPROVED AS TO FORM
AND CORRECTNE55
Resolution 12-004 Sinole Underline is for additions December 4, 2012
Reserve DRI-NOPC ~kw is for deletions Page 39
EXHIBIT A
SANDHILL CRANE NESTIN6 MANA6EMENT PLAN
The developer shall preserve two nreas thnt provide potential nesting habitat for Snndhill Cranes.
These nrens nre depicted on Mnp H. Other nrens mny be defined by the developer ns Sandhill Crane
nesting sites, including arens designuted as mitigation or restoration areas, to reflect documented
nesting nctivity or frequency of use with the npprovnl of the Floridn Game and Fresh Water Fish
Commission.
Wetlands providing nesting site habitnt shnll meet the following criterin:
• Locnted within 1/2 mile of n known nest site.
• Minimum wetlnnd depressionnl rudius of 100 feet with ordirary high wnter elevations of 2-3
feet, ordinnry low wnter elevntions of 0.5-2 feet nnd dominated by wetland grasses nnd
forbs (little or no woody vegetation)
• Minimum managed uplnnd perimeter buffer of 100 feet from jurisdictiorwl wetlnnd limits,
mnnaged as open native wetland trnnsition or uplands fornging hnbitnt - This nrea shnll have
no more thnn 20% shrubby understory 3.0 feet or less in height, no forest cnnopy, und
chnracterized by grnssy ground cover.
• A visual screen of nntive vegetntion, planted or rwturnlly occurring, nt least 5 feet in height
nnd at least 20 feet in width to provide n visual barrier to surrounding human disturbances
including residentinl home sites.
• Where golf course fairways or Inkes nre nd jacent to the nest site wetlnnd, the mannged
uplnnd perimeter mny be reduced to 50 feet in width nnd the visunl screen eliminated
provided the width of the fnirway or lake is nt least 150 feet.
The uplnnd perimeters and buffers may be modified ns npproprinte to accommodnte landscnpe
design or sound environmental plnnning, so long ns the proposed plun will not significnntly reduce the
aren of the wetlnnd nesting depressionnl, trnnsitionnl wetland, or upland fornging habitnt; nnd so
long as no construction occurs within 300 feet of the designnted "center" of the proposed nesting
site.
Management of the non-golf course portions of the buffers and wetlands shnll be pursunnt to
recommendations developed in consultntion with the Florida Gnme and Fresh Wnter Fish
Commission. During the months of December 1 to April 30, no construction within 300 feet of
preserved or restored wetlnnd shnll occur until the wetlnnd hns been surveyed for Sandhill Crnne
nests. In the event that active nests nre found, construction shnll not occur until July or 90 days
nfter the eggs hntch whichever comes first.
Resolution 12-004 Sinole Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S#rilce~ra is for deletions Pnge 40
EXHIBIT B
MASTER PLAN FOR THE RESERVE
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
PLANNING AND DEVELOPMENT SERVICES DEPARTMEN~
~
m ~' ~ / i
~ ~e ... 6..,..~...
..,..
, ~ ~-~.
~ .,~° ~,.,,, /" '~ _ ,
:. ~, i
0 0 .~. ~
~r.~a, a.~aw,i `1
t
~ Y o /br11w /~d ~ 1
/
(~ 1I~ //.
YL.._il1_iJJCffi / ~`I'~ , ~I
~ ~
+~wr.ammer ~~ •
ari.. .aipoar~~ _ _ „~ ' ~
cr~w •sasrrr II~ ~(( i
NrYW-M~-M-f~l~t ~ ~~~~~~~
MN/•AF/4r ' j I
~rm.w.nror ~ ,~~ ~_,_ •j t ~i, I
ra~ ~..+o d,v. i wr " ~~ ~~. ~t /`'~/'
~~° '~ -~u ~ 1.''
~~: o ` ~ i~ '~~
~ ~ ~ i
~'~ :' %:l '~ ~` ~ ~ ~~~ ~~~,
/ /, j~e;, t-~ ~,ly t-'~'i~~7--L-Ji ~
+~ ji sI
/~ r ~ f ~ , `-~,_~~ ~' ~:;r- '~
f __ ~~ _ . ; , . I
~
j%~,, J~ ~~ r~` ''.., :~ c„i- r'_ ,. i ''~~
/ ` 1 ~~. ` , ''
~~ ~, t,,~ ~F ~.~; u:>~ '.~ . ~
~~i~f` ~ ' ~'` :~~~_I,
;t .~ \~J ,~-,~,i~ - ~;L~ ~,,._~:`:~~ '~+:
~ ~ ~ ° ~,~,~ ~ ~ r . ~
/ ,\, ' / cl;~; \ c ; ~ ~ ~
•` /,\ ,~`` ~„• C~> ~' j ~ .~~
\ ~'\ i~ ~i :. ~
\~ 1~~ / • ' ~'1
~ \ , `~ - I
\\ ',~ ~ ~ ~,~ \i~\: \ %`/r~ ~} ~%a ` . ~i: , i
~ \ \ •~ ~ ~',~, ~{~Y ~` y~4~ ~ ;~/;~ ~1 ~ ~
\ •'~ ;S 1E', ~ s ~ ~ ~
~~ ~ /
•~ // ; ,i~ ~' C"/~` ~
~ ;,\ ~'~- ~,`, ~ ~ ~,^ ~~v~ t ~.,
~ ~ ~~~ ~ ~ ` ~ ,
\ ~ \ i' ~I `" t ~ ~-: ~ ws
~ ••~ ~ . ~~~ -- _ ~ ~~~~.~ weE
\ ~~, r~)~ - _~
,~ :~ .~ \
~\c~ ~ ~' *~%~-~ - ^= • ~ 1
: a~ ` ~€ ~~~ ~,
~' ~ ~'" ' ~y "=
~~~, ~~:-~ ;~~
~~ ~ ~~ ;1_.__
,,'~, ``\ ,~ ~ ~ `1 Q ~ ~~
.,\~ •.~ ~ _ ~~;; '~ '```~
~
~~~~ ~~- ~ ~~ t~
~
~,`\ \ ~•~ " .~ ~il R
. ~ ~;'~.. -. ~ ' t
, ~ ~ ,,~~F~'~
n"yre " RBBe-VB DR~
~ ~~~~~ ~ ."~ ~ -' & ~ ~/Mc ~1b' d Pbt Bt tuaU
rRa
~"'~ lucido ~ assoCiates MeP H ~r o aar ~tormc,tmt o
Resolution 12-004 Sinale Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions Pnge 41
EXHIBIT C
UPLAN~ HABITAT PRESERVE AREAS
FOR THE RESERVE
JANUARY 17, 2007
(MAPS ON FILE WITH THE ST. LUCIE COUNTY P'T
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT~
Resolution 12-004 Sincle Underline is for ndditions December 4, 2012
Reserve DRI-NOPC S*rilce-~'~+rw is for deletior~s Pnge 42
EXHIBIT D
LAND DONATION EXHIBIT
E~iIBIT D
t~o oo~o~v ux~~oN t-~
TxE RESExvE DRI Ir~vs~~L P~xx
•,,
~/~'~' CITY OF PORT ST. LUC1E, FLORIDA
lt~ ~ o6z.,associates OcrosEx 27, 2011
Q
Resolution 12-004 Sinale Underline is for ndditions December 4, 2012
Reserve DRI-NOPC ~ is for deletions pQye 43