Loading...
HomeMy WebLinkAbout04-019 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION 04-019 FILE NO.: BCC-04-003 A RESOLUTION AMENDING RESOLUTION NUBMER 82 -058 APPROVING A SIXTH AMENDMENT TO THE AMENDED DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN A5 THE SAVANNA CLUB WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: In 1982, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or SAVANNA CLUB, flied with St. Lucie County an Application for Development Approval of Development of Regional Impact, in accordance with Section 380.06, Florida Statutes. SAVANNA CLUB proposed to construct o residential mobile home subdivision comprising approximately 2,560 mobile home with recreation complex, constituting o Development of Regional Impact on the real property legally described in Section B below located in St. Lucie County, Florida, east of US Highway One and north of Walton Road, all located in St. Lucie County, Florida. The Board of County Commissioners of St. Lucie County as the governing body of ,ft. Lucie County having jurisdiction over that portion of this project located in the unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Development of Regional Impact. Upon publication and furnishing of due notice, o Public Hearing was held Tuesday, March 23, 1982, before the Board of County Commissioners of St. Lucie County, Florida, to consider Resolution No. 82-058 granting approval to the final Development Order for the Regional Impact known os Savanna Club. At this public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, April 27, 1982. The Board of County Commissioners has considered the testimony, reports and other documentary evidence submitted at said public hearing by SAVANNA CLUB, the Treasure Coast Regional Planning Council (TCRPC), St. Lucie County staff as well os the public, and Double Underline is for addition £trR:c T5rcuj5 is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 1 Final - 6th Amendment to D.a. Print Date: 03/02/04 -9 Z ~ IrT1 t'-,3 -..~31'.._3 ---I c-_3m 1'...3 Z riD. Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 10. 11. 12. 13. 14. On April 27, 1982, the Board adopted Resolution 82-058, granting Final Development Order approval to the 5ovonno Club, o Development of Regional Impact. On June 8, 1982, this Board granted approval to Resolution 82-074, which amended Condition Number 13 of the Final Development Order for the Development of Regional Impact known os Savanna Club. On May 13, 1986, this Board granted approval to Resolution 86-110, which amended the Final Development Order, by adding Conditions IOA and lOB, and by amending Section IV (revised due date for the required annual report) of the Final Development Order for the Development of Regional Impact known os Savanna Club, based the settlement agreement dated March 31, 1996 between the Deportment of Community Affairs and the developers of the Savanna Club (o copy of said settlement agreement is attached to Resolution 86- 110). On July 28, 1987, this Board granted approval to Resolution 87-062, which amended Condition Number 16 of the Final Development Order for the Development of Regional Impact known as Savanna Club. On September 18, 1997, Savanna Club Corporation, the successor developer to the Savanna Club, filed a Notice of Proposed Change to an approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes, for a fourth amendment to Resolution No. 82-058. On February 17, 1998, this Board held a public hearing, of which due public notice was published in the Port St. bucie News and the Tribune on February 5, 1998, on the proposed amendments to Resolution No. 82-058. On September 2, 2003, this Board held a public hearing, of which due public notice was published in the Port St. bucie News and the Tribune on August 22, 2003, on the fifth series of prcpczc, d amendments to Resolution No. 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and continued the public hearing on this matter until September 9, 2003. On September 9, 2003, this Board reconvened the public hearing on this matter and accepted additional comments and testimony in regard to the proposed amendment to the existing Development Order for the Development of Regional Impact known as Savanna Club and followinq that public hearinq approved Resolution 03-184. approvinq the fifth amendment to Resolution No. 82-058. Double Underline is for addition 5tr!J:c Tkr:ugk is for deletion Existing banguage is based on Resolution 82-058 (as amended theough Resolution 03-184) Resolution 04-019 Page 2 Final - 0th Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 15. On March 2, 2004, this Board held a public hearing, of which due public notice was published in the Port St, Lucie News and the Tribune on February 21; 2004, on the sixth series of proposed amendments to Resolution No. 82-058 and notifying by mail all owners of property within 500 feet of the subject property,. 16, ~ The Board believes that approving this fifth sixth amendment to the Final Development Order (Resolution No. 82-058) for the Savanna Club is in the best interest of the public health, safety and public welfare of the citizens of St. Lucie County, Florida 17. ~ The Board of County Commissioners continues with the following FINDINGS of FACT and CONCbUSION5 of LAW with regard to the Application of Development Approval as cited in Resolution No. 82-058. AMENDED FINDING5 OF FACT The proposed Development is not in area of Critical State Concern as designated pursuant to the provisions of Chapter 380.06, Florida Statutes. The State of Florida has not adopted a land development plan applicable to the oreo in which the proposed Development is to be located. That the conditions, limitations and definitions found in Port A below, ore made a port of this Development Order herein granted subject to these express conditions which conditions and recommendations are found to be consistent with the report and recommendations adopted by the Treasure Coast Regional Planning Council on November 20, 1981 for the SAVANNA CLUB D.R.I. The proposed Development is consistent with the local comprehensive plan, development lows and regulations of St. bucie County. The proposed amended Development Order does not constitute o substantial deviation to the approved Development Order os defined under Chapter 380.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That in a public meeting, duly constituted and assembled this ~? day ~ c~.~-~, onn~ n~l,..:~, [,^ n~ ,aA 2n~ day of March 2004. Resolution No. O4-O19 which amends Resolution No. 82-0§8 granting Development Order Approval to the Development of Double Underline is for addition Strike Thrcug5 is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 3 Final ~ 6th Amendment to b.a. Print Dote: 03/02/04 r~, 1',_3 C~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 Regional Impact known as the Savanna Club, is hereby APPROVED subject to the following conditions, restrictions and limitations: Section I: The following information submitted by the Applicant shall be made a part of and an express condition of this Development Order: All housing units in the Development will be doublewide mobile homes, which shall be permanently affixed to the real property prior to occupancy and the applicant shall cause each buyer to execute on appropriate document evidencing intent and acceptance of his intent to purchase real property and to accept real property taxation thereof. That SAVANNA CLUB shall prior to issuance of a building permit, Phase I, subject property, donate 1;~0 acres in the northeast corner of the project site to the 5tare of Florida, Department of Natural Resources for inclusion in the Savannahs Preserve. The lands covered under this grant constitute approximately 70 acres of Savannah marsh and 50 acres of upland (as shown on Exhibit Pb-? of the TCRPC Assessment Report). Section 12I APPLICATION FOR DEVELOPMENT APPROVAL The SAVANNA CLUB Application for Development Approval is incorporated herein by referenced and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the ADA shall include the following items: a. Savanna Club DP, I/ADA, submitted June 26, 1981; b. Savanna Club DRI/ADA, supplemental information, submitted April 14, 1981; Letter and attachments dated October 21, 1981 from Thomas A. 5heehan III, to Sam Shannon regarding wetlands; "U. 5. 1 Capacity Analysis" prepared by Tipton Associates Incorporated and dated October 30, 1981. Double Underlirl¢ is for addition 5trR:: Through is for deletion Existing Language is based on Resolution 82-0§8 (as amended through Resolution 03-184) Resolution 04-019 Page 4 Final - 0th Amendment to D.a. Print Date: 03/02/04 1'-.3 -o rtl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (Amended through Resolution 03-184, .September 2, 2003) COMMENCEMENT OF DEVELOPMENT In the event the developer fails to commence significant physical Development within three years from the effective date of the Development Order, Development approval shall terminate and the Development shall be subject to further consideration pursuant to Section 380.06, Florida Statutes. Significant physical Development shall mean site preparation work for any portion of the project. HISTORIC AND ARCHAEOLO6IeAL 5ZTE5 In the event of discovery of archaeological artifacts during project construction, the applicant shall stop construction in that oreo and notify the Bureau of Historic Sties and Properties in the Florida Department of 5tote. Proper protection, to the satisfaction of the Bureau, shall be provided by the applicant -SAVANNA CLUB. (Amended through Resolution 03-184, September 2, 2003) VEGETATTON AND WILDLIFE The applicant shall contact the Game and Freshwater Fish Commission 60 days prior to clearing to initiate what measures might be deemed necessary and available for relocating wildlife found on site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.) WETLAND5 The Applicant shall develop the project so that, upon completion, the site, as legally described in the ADA, will contain 64 acres of viable and productive wet prairies, ponds, and littoral zones. This shall be in addition to any presently existing wetlands, including but not limited to, wet prairies, marshes, ponds, and littoral zones contained in the area to be deeded to the State, as shown on Exhibit PD-2 of the TCRPC Assessment Report. The creation of 64 acres of wet prairies, ponds and littoral zones shall not include canals and drainage ditches. Included in the 64 acres of wetlands shall be 14 acres of wet prairie in the upland buffer area of the 170 acre parcel to be deeded to the State for inclusion in the Savannahs Preserve. The other 50 acres of new wetlands shall be created on the remaining portion of the project site. In the event the management agency for the Savannahs Preserve does not approve the creation of 14 acres of wet prairie in the upland buffer, only the 50 acres of wetlands on the remainder of the site will be required to satisfy this condition. The wetlands shall be designed, constructed and maintained in a Double Underline is for addition £trlka Throu~k is for deletion Existing Language is based on Resolution 82-O58 (as amended through Resolution O3-184) Resolution 04-019 Page 5 Final - 6th Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 manner to mimic natural wetlands and to replace the functions lost through destruction of existing wetlands to the maximum extent technically feasible. The applicant shall coordinate the Development of the plan for maintaining or creating wetlands with the South Florida Water Management District, the Florida Game and Freshwater Fish Commission, and the Florida Deportment of Natural Resources prior to commencing said Development. Any plans for wetlands creation shall include design of bottom contours, plans for vegetating and description of proposed water regimes. DRAINAGE - LITTORAL ZONE The applicant shall prepare a planting and management plan for the littoral zone that surrounds the lake system. The plans shall include the types extent and timing of planting that will be provided in the littoral zone. Also, included in the plan shall be the identification of any management activities that are intended to ensure the continuance and health of the littoral zone. The plan shall be subject to the approval of St. Lucia County, in consultation with the Treasure Coast Regional Planning Council prior to beginning excavation of the lake system. DRAINAGE - WATER TABLE The drainage system shall be designed to assure that the lowering of the water table on- site will not negatively affect the wetland systems on adjoining properties, especially those systems that are currently on land owned by the State as part of the Savannahs natural preserve. The drainage system design shall be subject to the approval of St. Lucie County in consultation with the Treasure Coast Regional Planning Council, South Florida Water Management District, and the Department of Natural Resources prior to any Development occurring on-site. DRAINAGE - WATER SUPPLY FOR IRRIGATION The applicant shall explore an alternate source of water for irrigation other than the lake drainage system as proposed. In the event the lake drainage system is utilized for irrigation purposes, it shall not result in withdrawal for said purposes below any permitted control level. The plan for securing irrigation water shall be subject to the approval of St. Lucia County, in consultation with the South Florida Water Management District prior to initiating construction of the lake drainage system. DRAINAGE - GOLF COURSE DESIGN The applicant shall prepare a detailed site plan that includes adequate topographic detail for the proposed golf course that assures that minimum direct runoff into the lake system will occur. The plan shall be subject to the approval of St. Lucie County, in Double Underline is for addition 5t.~ika Through is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 6 Final - 6th Amendment to D.a. Print Date: 03/02/04 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 consultation with Treasure Coast Regional Planning Council and the South Florida Water Management District prior to beginning Development of the golf course. bRAINA6E - SAVANNAH5 MARSH lO. The drainage system shall be designed to assure that natural hydroperiods, especially the historical water flow from the site, are provided to the Savannahs Marsh. The drainage system design shall be subject to the approval of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council, South Florida Water Management District, and the Department of Natural Resources Prior to any Development occurring on-site. The applicant shall provide any necessary or recommended monitoring of water quality run-off into Hog Pen Slough os specified by South Florida Water Management District or Treasure Coast Planning Council recommendations or St. bucie County staff recommendations. Final determination subject to these recommendations shall be made by St. Lucie County before final building permits by St. Lucia County. 10A. The developer shall institute o monitoring program at the time of completion of the surface water system along the east side of the Development site. Monitoring requirements ore to include: Measurement of monthly rainfall amounts, said measurement to be made at any site within approximately a one mile radius of the project; Metering of surface water discharge from the project site at the pump installation and a summary of the amount of surface water discharge during each month; and Monitoring of water levels at least once every six weeks for o period of no less than three years at the following sites: Savanna monitoring point 51; The surface water system on the project site, specifically at the locations: 1. A series wells Z§ through 30, and, 2. E series wells 25, 27, 29 and 31. If necessary or desirable, substitute sites in proximity to the ones identified above may be designated by the developer following approval by the Department of Community Affairs (DCA) in consultation with the Department of Environmental Regulation (DER) and the South Florida Water Management District (SF WMD). (Amended through Resolution 86-110, May 27, 1986 and through Resolution 03-184, September ?, 2003) Double Underline is for addition ............. ~,, ~s for deletion Existing Language is based on Resolution 82-0§8 (os amended through Resolution 03-184) Resolution 04-019 Page 7 Final - 6th Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 lOB. In July of each year after inception of the monitoring program, the developer shall summarize oll data and include these data in the annual monitoring report. Copies of the annual report shall be submitted to the SFWMD, Florida Department of Natural Resources (DNR), the Southeast Florida District Office and the Bureau of Groundwater Protection and Waste Management of DER, the Treasure Coast Regional Planning Council (TCRPC) and DCA. These agencies shall review the monitoring data and, if necessary, representatives of these agencies shall meet with the developer within 45 days of receiving the report to discuss the possible modifications to the drainage system that would provide for the maintenance of historic water flows to the Savanna wetlands. If DCA, with the advice of the reviewing agencies, determines that the drainage system must be modified, then the developer shall amend the Development Order and SFWMD permits to reflect he recommended modification. The modifications, if required, would involve a change in the pumping schedule and/or pump control elevation during the dry seoson. (Amended through Resolution 86-110,/~ay 27, 1986 and through Resolution 03-184, September 2, 2003) RECREATION AND OPEN SPACE 11. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25 parking spaces and provide a dune walkover (dune hopper), or make a payment in lieu thereof, which shall be located on Hutchinson Island, in St. bucie County, south of the FPL power plant, or in Martin County. FIRE PROTECTION 12. The Applicant shall contribute $100,000.00 as a share of the cost of acquiring o site, buildings and equipment for a fire station east of U. S. Highway One to serve the Savanna Club and vicinity. The contribution shall be payable under the following terms and conditions: $20,000.00 payable within 30 days of issuance of the first mobile home permit for Phase I; an additional $40,000.00 upon energizing the first 400 units; and the balance of $40,000.00 payable upon energizing the first 1,000 units. Additionally the Applicant shall extend a two-year option to the Ft. Pierce-St. Lucie County Fire District to elect a site 150' x 1§O' at an agreed location within the proposed Development for purposes of a fire station. If this land is accepted by the Fire District as a site for construction of a fire facility, then the Applicant shall receive a 2§% discount ($25,000.00) or credit against the $100,000.00 agreed contribution. (Amended through Resolution 03-184, September 2, 2003) Double Underline is for addition Str~kc Through is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 8 Final - 6th Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DISASTER PREPAREDNESS 13. At such time as the new on-site auditorium and fitness center/recreational facility are issued certificates of occupancy, Thc. the applicant shall provide or have provided for for a total of 23,245 square feet of on-site such c, ddltlonal public shelter spaces for disaster preparedness in thc Port St. buclc c, rca that will be dedicated for the use of Savanna Club residents and their guests and relatives. The forgoing square footage amount of shelter space is determined to be and ';;ill bo. adequate to handle the needs generated by this Development so Ionq as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following criteria or standards: a.) b.) 75% of the population of this Development are assumed to be year round residents (i.e. present during hurricane season); 100% of the above year round residents will be evacuated during hurricanes; 40% of the those person evacuating would go to public shelters; A minimum of 40 20 sq ft per person (i.e. shelter space) shall be provided by the applicant. The shelter spec ~u~, ~ ...... ;~ ~- ~:*~ ~- off ~:*~ ~ ~' *~ ~ ..... :t~: ~ shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucia County based on recommendation of the County ........... ~,:~.~. D ...... r ......... ~ .... Public Safety Director. All spaces shall be designated and accepted by the St.. Lucia County :'~'*~" Prcparcdnczz Public Safety., cubjcct tc ........ ~ ~ ~* Department of County D ....... 1.) 3.) tho balance of *'-~ -~'*~- r~44:.:~.~1 o,,aan ,~.x.~ ~ ...... :4~4 ~+ 4.) Until such time as the Certificates of Occupancy, or equivalent authorizations, are issued that allow for the occupancy and use of these on-site buildings/facilities providing the Double Underline is for addition ............. ~,, ~s for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) 4>- ~.-j m L~ Resolution 04-019 Page 9 Final - 6th Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 required shelter space, the developers shall be required to maintain the existinq off-site shelter areas in accord with the original standards of this condition. Upon the issuance of the Certificate of Occupancy or equivalent authorizations, and the equivalent authorization permitting and certifying the use of the on-site buildings/facilities as shelter space, the requirement for off-site shelter space shall no Ionqer be valid. (Amended through Resolution 82-074, April 27, 1982) (Amended through Resolution 98-011, February 17, 1998) (Amended through Resolution 03-184, September 2, 2003) (Amended throua, h Resolution 04-019 March 2. 2004) TRANSPORTATION 14. The applicant shall submit its request to Florida Department of Transportation (FDOT) to permit the restriping and rephasing of the intersection of the entrance roadway and U.S. 1 within 60 days of the date of approval of Resolution 03-184 and will in good faith, pursue the obtaining and issuance of this permit, and will make the permitted modifications to said intersection with 45 days after receiving said permit from FDOT. Zf the developer does not proceed in good faith towards the completion of this intersection improvement, the County Commission may, upon notice to the developer, suspend the issuance of further building/ tie down permits within in the Savanna Club Community until the works are completed. (Amended through Resolution 03-184, September 2, 2003) 17. No more than 1,500 units may be energized until the extension of bennard Road from Walton Road north to the entrance road from U.5.1 is completed and opened to traffic or an alternative, adequate security for the ultimate construction of same by St. Lucia County, in the form of credit, performance bond, cash or other security acceptable to St. Lucia County, is provided to St. Lucie County by the Applicant. (Amended through Resolution 03-184, September 2, 2003) 18. The Applicant shall provide traffic improvements necessary to maintain both Level of Service D during the peak season (,Ton. - AAarch) and Level of Service C for annual overage daily traffic at the following intersections. U.5.1 and Primo Vista Boulevard. U.5.1 and AAidport Rood/Walton Rood The Applicant's responsibility is based on existing traffic, traffic generated by the project, and increased traffic resulting from projected growth in the oreo as set forth in the ADA. ];n maintaining the required Level of Service, the applicant shall not be Double Underline is for addition Str!!:: Tk.r:u~h is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 10 Final - 0th Amendment to b.O. Print Dote: 03/02/04 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 responsible for providing improvements to accommodate traffic generated by any future major developments that exceed the thresholds for Developments of Regional Impact as presently defined in Chapter 27F-2, Florida Administrative Code, or that are Developments of Regional Impact os defined in Florida Statute 380.06 and ore approved subsequent to the issuance of the Development Order for this project. Such traffic shall not be calculated in determining the required Level of Service. This responsibility shall terminate one (1) year after product is completed. In lieu of developer installing improvements to the intersection of US #1 and Port St. Lucie Boulevard, Savannah Club shall pay to St. Lucie County the sum of $25,000.00 os its contribution to the County programmed improvements to this intersection. Said $25,000.00 shall be due to St. Lucie County on September 25, 1987. The fore.oo/h.a has been satisfied by FDOT improvements constructed dumh~o the widenin9 of US l. Applicant shah have no further h'abih'ty under this Condition 16. 19. (Amended through Resolution 87-062, .Tuly 28, 1987 and Amended through Resolution 03-184, September 2, 2003) Commencing the first winter season after the effective date of the Development order and continue every winter season (Jan.-March) thereafter until one (1) year after Development completion, the applicant shall undertake a study of traffic, conditions along U.S. 1. Such study shall along U. 5. 1, determine traffic volumes traffic generation by the Development, and operating conditions along U. 5. 1 between CR 712 and SR 707. The study shall include on analysis of those intersections delineated in Conditions 14 and 16 above, she study shall be coordinated with the Treasure Coast Regional Planning Council, Florida Department of Transportation, ,St. bucie County, and City of Port St. Lucie and shall be provided os port of the annual report required by Subsection 380.06(16) Florida Statutes. Further, the Applicant shall meet with General Development Corporation and St. Lucie County staff, to assist in a County staff recommendation defining areas and scope of obligations for the four (4) Ioning of Walton Rood between Village Green Drive and bennard Rood under Midport DRI and Savannah Club DRI Development Orders. The County Commission shall provide o final determination of the responsibilities for four (4) Ioning Walton Rood based upon the recommendation provided by County staff. That the memorandum of St. bucie County Development Coordinator doted December 11, 1972, page 3, under transportation, and continuing through item 14, 15, 16, 17 and page 5, additional staff comments, (1) (2) ore incorporated by reference and attached hereto for further definition and clarification to this transportation condition. Double Underline is for addition £tH!= Throu.~k is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page Final - 6th Amendment to D.O. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ENERGY 20. In the final site plans, the developer shall incorporate those energy conservation measures identified on pages 43 and 44 of the AbA Addendum and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. To evaluate the success of including such conservation measures, the applicant shall provide the Council with information os to the status of implementation of these measures in the annual report required by Subsection 380.06(16), Florida Statutes. 21. All heated swimming pools built on-site shall be heated primarily by renewable energy sources (such as solar energy). 22. A solar domestic hot water system shall be specifically offered to all prospective buyers 23. Only air conditioners with energy-efficient ratios (EER) of 8.0 or higher may be offered to mobile home purchasers. 24. The applicant shall provide for the installation of water saving fixtures (e.g., three gallon toilets, flow restrictors) in oll new units. 25. Mobile homes with a full line of energy efficient appliances shall be offered to oil prospective buyers by the applicant. HEALTH CARE 26. The applicant Savannah Club, shall provide first aid and oxygen stations at the project club house and training of management personnel at the clubhouse in CPR and general first id techniques. The homeowners association may also wish to consider an appointed guardian program" similar to those established at other mobile home retirement communities in the region. The legal description for the property under this Development of Regional Impact Application for Development Approval, is as follows: Legal Description Lots 15 to 16, inclusive, in Block $; and Lots 9 to 16, inclusive, in Block 4; all being in Section 24, Township 36 5outh, Range 40 East, as shown on map or plat of ST. LUCZE GARDENS, recorded in Plat Book 1, page 3§ of the public records of St. Lucia Double Underline is for addition Strike Through is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 12 Final - 6th Amendment to D.a. Print Date: 03/02/04 r-...3 4.'- 1'1"1 r'..3 4.... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 County, Florida. All of Block 1, Lots 1, 2, 3, 4, 13, 15 and I6 in Block 2; Lots 1 to 4, inclusive, end Lots 11 23 to 16, inclusive, in Block 3, AND Lots 9 to 16, inclusive, in Block 4, ell being in Section 25, Township 36 South, Renge 40 Eest, es shown on seid mop or pdt of ST LUC'J:E GARDENS. All of Lot 2; the 5outh { of Lots 3, 4, 5, end 6; end Lots 8 to 16 inclusive; ell in Block 3, in Section 19, Township 36 South, Range 41 Erst, es shown on said mop or plat of 5T LUCIE GARDENS. All lying end being in St. Lucia County, Florida. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the St. Lucie County Community Development Director, for a determination by the Board of County Commissioners of St. Lucie County os to whether the change constitutes o substantial deviation os provided in Section 380.06(19), Florida Statutes. The Board of Commissioners of St. Lucie County shall make its determination of substantial deviation at o punic hearing after notice to the developer. St. Lucia County shall monitor the Development of the project to ensure compliance with this Development Order. The St. Lucia County Community Development Director shall be the local official assigned the responsibility for monitoring the Development and enforcing the terms of the Development Order. The Community Development Director may require periodic reports of the developer with regard to any item set forth in this Development Order. The developer shall make on annual report os required by Section 380.06(18), Florida Statutes. The annual report shall be submitted by July 31st of each year. The annual report shall address oil development activities from ~Tuly 1 of the preceding year through ~Tune 30 of the year in which the report is submitted. The annual report shall, in addition to all monitoring reports required under the conditions of this Development Order, include the following: Any changes in the plan of Development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; A summary comparison of Development activity proposed and actually conducted for the year; Double Underline is for addition StrR:c ...... ~,. ~s for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-O19 Page 13 Final - 6th Amendment to D.a. Print Date: 03/02/04 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Undeveloped tracts of land that have been sold, transferred, or leased to o successor developer; Identification and intended use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; An assessment of the developer's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the Development undertaken; Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be flied during the next year; An indication of o change, if any, in local government jurisdiction for any portion of the Development since the Development Order was issued; A list of significant local, State, and federal permits which hove been obtained or which ore pending by agency, type of permit, permit number, and purpose of each; The annual report shall be transmitted to St. Lucia County, the City of Port St. bucie, the Treasure Coast Regional Planning Council, the Florida Deportment of Community Affairs, the South Florida Water Management District, and such additional parties os may be appropriate or required by law; 10. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of on adopted Development Order that was recorded by the developer pursuant to Subsection 380.06(15), Florida Statutes; and 11. Any other information requested by the Board of Commissioners of St. Lucia County or the St. Lucia County Community Development Director to be included in the annual report. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. This amended Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated os successor in interest to, or which otherwise possesses any of the powers Double Underline is for addition Str!l:: ...... ~,, ,s for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-01c) Page 14 Final - 6TM Amendment to D.a. Print Date: 03/02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 and duties of any referenced government agency in existence on the effective date of this amended Development Order. The approval granted by this amended Development Order is conditional and shall not be construed to obviate the duty of the developer to comply with oil other applicable local, State, and federal permitting requirements. In the event that any portion or section of this amended Development Order is deemed to be invalid, illegal, or unconstitutional by o court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended Development Order, which shall remain in full force and effect. J. This amended Development Order shall become effective upon adoption. Certified copies of this amended Development Order shall be transmitted immediately by certified mail to the Deportment of Community Affairs, the Treasure Coast Regional Planning Council, and Savanna Club. (Amended through Resolution O3-184, September 2, 2003) Within 21 days of the effective date of this resolution amending Resolution No. 82-0§8, the developer, shall record o notice of adoption of this order in compliance with Chapter 380.06(1§)(f), Florida Statutes, with copies of said notice being provided to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council and St. bucie County. After motion and second, the vote on this resolution was os follows: Chairman Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Poula Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 2nd day of March, 2004. Double Underline is for addition ~._;~.~ ~-L ..... L is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03o184) Resolution 04-019 Page 15 Final - 6TM Amendment to D.a. Print Date: 03/02/04 F-~ 4>- r~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 BOARD OF COUNTY COMMISSIONERS ST. LUClE COUNTY, FLORIDp,.' BY APPROVED AS TO FORM AND CORRECTNESS County bO'g/ 04-019<a(H) Double Underline is for addition 5tr~ka Through is for deletion Existing Language is based on I~esolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 16 Final - 6TM Amendment to b.a. Print bate: 03/02/04