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HomeMy WebLinkAboutPDS-20-021 - Statutory Extension to Scheduled Termination Date for the Development of Regional Impact (DRI) Project Known as The ReservePDS 2020-021 File No. EDO-3202025703 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED TERMINATION DATE FOR THE DEVELOPMENT OF REGIONAL IMPACT (DRI) PROJECT KNOWN AS THE RESERVE WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the requests for a Development Order extension timely submitted, in accordance with Florida Statute 252.363 by Lee Dobbins, Esq., of Dean, Mean, Minton & Zwemer, on behalf of Vistana PSL, Inc. and Jacob Ensor, Esq. of Ross, Earle, Bonan & Ensor, P.A. on behalf of PGA Village Property Owners' Association, Inc. and has made the following determinations: 1. Callaway Land Cattle Company filed a Development of Regional Impact Application for Development Approval with St. Lucie County Florida and the City of Port St. Lucie Florida in accordance with Chapter 380.06 Florida Statutes. 2. Callaway Land Cattle Company, originally, proposed to construct 4,100 dwelling units; 1,600,000 square feet of industrial space; 390,000 square feet of retail space; 100,000 square feet of office space and 250 hotel rooms constituting a Development of Regional Impact on the real property legally described in Section D below located in St. Lucie County and the City of Port St Lucie all located in the State of Florida. 3. The Board of County Commissioners of St. Lucie County, as the governing body of St. Lucie County having jurisdiction over that portion of the project located in the unincorporated areas of St. Lucie County pursuant to Chapter 380 Florida Statutes, was authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact. 4. On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of which due notice was published in the Ft Pierce News Tribune and recommended to this Board that the Development Order approval for the Development of Regional Impact known as The Reserve be granted. 5. On December 15, 1988, the Board of County Commissioners held a public hearing on the Development of Regional Impact application for Development Approval for The Reserve, heard and considered the testimony taken there at. At this public hearing and following its closure the Board of County Commissioners continued any further action on this application until Tuesday, December 20, 1988. 6. On Tuesday, December 20, 1988, the Board of County Commissioners removed The Reserve Development of Regional Impact for Development Order approval from the table. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY PDS 2020-021 File No.: EDO 32020257C FILE # 4688365 03/17/2020 08.34.15 AM OR BOOK 4396 PAGE 2569 - 2578 Doc Type: ORD Page 1 RECORDING: $86.50 7. The Board of County Commissioners of St Lucie County received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council, and on December 20, 1988 adopted Resolution No. 88-357 with an effective of December 28, 1988, granting development order approval to The Reserve. 8. On January 20 1989, the Treasure Coast Regional Planning Council voted to appeal the County Development Order to the Florida Land and Water Adjudicatory Commission. 9. In March of 1989, representatives of the new project developers and the Treasure Coast Regional Planning Council reached a settlement regarding the items under appeal that the amended Development Order, Resolution 89-reflects. 10. On March 14, 1989, the Board approved Resolution 89-73, effective March 21, 1989, which amended the approved Development Order for the Development of Regional Impact known as The Reserve and at the same time repealing Resolution 88-357. 11. On November 12, 1991, the Board approved Resolution 91-228 that amended Condition Number 55 of Resolution 89-73 the approved Development Order for the Development of Regional Impact known as The Reserve. 12. On January 22, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes for a second amendment to Resolution 89- 73. 13. On May 25, 1993, the Board approved Resolution 93-061, which provided for a second amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve, and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 14. On July 27, 1993, the Board approved Resolution 93-125, which provided for a third amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 15. At the time Resolution 93-061 was approved by the Board, the approval was conditioned upon the applicants, Callaway Land Cattle Company filing with St. Lucie County, The Florida Department of Community Affairs (currently known as the Department of Economic Opportunity) and the Treasure Coast Regional Planning Council a Notification of Proposed Change to a Previously Approved Development of Regional Impact for the purpose of reviewing the upland/wetland mitigation transportation and any other related conditions effecting the development of this project by November 23, 1993. The Notification of Proposed Change was to include the comments/issues presented at the developer's pre - application meeting held with the Treasure Coast Regional Planning Council on File No.: EDO 3202025703 PDS 2020-021 Page 2 November 18, 1992 from which there had not yet been any official filing of proposed amendments. 16. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06 (19), Florida Statutes for a fourth amendment to Resolution 89-73. 17. On September 21, 1995, the St. Lucie County Local Planning Agency held a public hearing of which due public notice was published in the Port St. Lucie News and the Tribune on August 17, 1995 and August 31, 1995 on the proposed amendments to Resolution 89-73, as previously amended. 18. On October 17, 1995, the Board held a public hearing of which due public notice was published in the Port St Lucie News and the Tribune on August 17, 1995 August 31, 1995 and September 26, 1995 on the proposed amendments to Resolution 89-73, as previously amended. 19. On October 17, 1995, the Board approved Resolution 95-195 that provided for a fourth amendment to Resolution 89-73; the approved Development Order for the Development of Regional Impact known as The Reserve. 20. On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land and Water Adjudicatory Commission and Notice of Appeal of the approved Amended Development Order for the Reserve FLWAC Case No. 96- 010). 21. On December 16, 1996, the Florida Department of Community Affairs and the developers of The Reserve Callaway Land and Cattle Company Inc. entered into a Settlement Agreement for the purpose of addressing the issues raised under the Department of Community Affairs appeal of the approved Amended Final Development Order for The Reserve (Resolution 95-195). 22. On January 23, 1997, the developers of The Reserve Callaway Land and Cattle Company Inc. requested that the Board of County Commissioners consider an amendment to the Amended Final Development Order for the Reserve (Resolution 95-195) based on the settlement agreement with the Department of Community Affairs on their appeal of the Approved Amended Final Development Order for The Reserve Resolution (Resolution 95-195). 23. On February 4, 1997, the Board approved Resolution 97-023 that provided for a fifth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments were based on the settlement agreement between the Callaway Land and Cattle Company and the Department of Community Affairs appeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195) and did not constitute a substantial deviation to the original Development Order. File No.: EDO 3202025703 PDS 2020-021 Page 3 24.On May 5, 1998, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes for a sixth amendment to Resolution 89-73. 25. On August 18, 1998, the Board approved Resolution 98-100 which provided for a sixth amendment to Resolution 89-73 the approved Development Order for the Development of Regional Impact known as the Reserve. 26. On August 22, 2003, Reserve Homes Ltd. L.P., filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes, (NOPC) for a seventh amendment to Resolution 89- 73 to, among other things, amend the DRI Development Program to be as follows: 3,200 residential units; 500,000 square feet of industrial space; 290,000 square feet of retail space; 100,000 square feet of office space; 250 hotel rooms; 4 golf courses with accessory buildings; and a passive and an active recreation area which may include: baseball and multipurpose fields operational offices welcome center parking for 750 vehicles and a children's team sports training center on 81 acres. The NOPC also amends the boundary of the DRI to eliminate 10 acres from the DRI. 27. On April 20, 2004, the Board approved Resolution 04-081 that provided for a seventh amendment to Resolution 87-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 28. On January 12, 2007, the Board approved the Settlement Agreement resolving certain issues with respect to the approved Development Order. 29. On March 19, 2007, as required by the Settlement Agreement, Reserve Homes Ltd. L.P. filed a Notification of Proposed Change (NOPC) to an Approved Development of Regional Impact pursuant to Chapter 380.06 (19) Florida Statutes for an eighth amendment to Resolution 89-73 to, among other, things amend certain conditions of approval to reflect changes required by the Settlement Agreement and to amend the DRI Development Program to be as follows: delete the approval for baseball and multipurpose fields operational offices welcome center parking for 750 vehicles and a children's team sports training center and replace with 76,500 square feet of additional general office/commercial use. This replacement square footage being equivalent in the amount of traffic generated as the deleted use. 30. On June 19, 2007, Florida Governor Charlie Crist signed into law Chapter 2007- 204, Laws of Florida, more commonly known as "Growth Management Reform Act." In recognition of the 2007 real estate market conditions, all phase, build out and expiration dates for projects that were developments of regional impact and under active construction on July 1, 2007, were extended for three years regardless of any prior extension. The three-year extension was not a substantial deviation and was not subject to further development of regional impact review and must not be considered when determining whether a subsequent extension is a substantial deviation. File No.: EDO 3202025703 PDS 2020-021 Page 4 31. On September 16, 2008, the Board approved Resolution 08-091 that provided for an eighth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 32.On November 12, 2008, in accordance with the Settlement Agreement Paragraph 4.d. as agreed, Reserve Homes Ltd. L.P. prepared and filed the application for a Substantial Deviation pursuant to Chapter 380.06(19), Florida Statutes, (NPOC) on behalf of St. Lucie County for a ninth amendment to Resolution 89-73 to: a) reduce the Native Upland Habitat requirement to 327.5 acres; b)delete all requirements for deed restrictions for micro -sited lands; c) remove each of the Pre - Development parcels from the lands and acreage described in the Development Order; and d) preserve the provisions of the Development Order that permit micro - siting on Reserve Homes' lands and on commercial or industrial parcels. 33. On April 7, 2009, the Board approved to Resolution 09-016 that provided for a ninth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 34. On July 1, 2011, Florida Governor Rick Scott signed into law Chapter 2011-139 Laws of Florida more commonly known as the "Community Planning Act" Bill (the "Bill"). 35. The Bill provided that any local government issued development order granted pursuant to Statute 380.06 may be eligible to be extended and renewed for an additional period of four years after the previously scheduled termination date, not be extended beyond a total of four years. 36. The Bill provided that in recognition of the 2011 real estate market conditions any local government issued development order or permit that has an expiration date of January 1, 2012, through January 1, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 37. On October 27, 2011, Reserve Homes. Ltd. L.P. filed application a Notice of Proposed Change pursuant to Chapter 380.06(19), Florida Statutes, for a tenth amendment to Resolution 89-73 to amend Map H (Map H use thresholds legend) and, among other things, amend the DRI Development Order to: delete 105,400 square feet of general office use; delete 300 residential units; delete 140,000 square feet of retail/commercial use; and increase hotel by an additional 60 rooms. The proposal resulted in a substantial decrease in p.m. peak hour trips. The resulting change amends the DRI Development Order to be as follows: 2,900 residential units; 500,000 square feet of industrial space; 150,000 square feet of retail/commercial use; 71,100 square feet of office space; 310 hotel rooms; 4 golf courses with accessory buildings and uses; and 1 PGA Learning Center. Future increases in intensities to the Reserve DRI require The Reserve DRI to undergo evaluation consistent with Chapter 380.06. F.S. 38. The applicant applied for an extension on December 20, 2011, meeting the December 31, 2011 deadline, identifying the specific authorization for which the File No.: EDO 3202025703 PDS 2020-021 Page 5 extension is requested the intended use of the extension and the anticipated period for acting on the authorization. 39. On January 26, 2012, the Planning & Development Services Director granted PDS 12-001 that authorized an extension of the Development Order for the Development of Regional Impact known as The Reserve until March 21, 2020, in accordance with Chapter 2011-139 and the Board's good faith interpretation of the Bill. By accepting this extension the applicant agreed to hold St Lucie County harmless in the event a court of competent jurisdiction determines that the extension granted by St Lucie County was not legally granted or in the event that the extension is subsequently revoked based on a constitutional challenge. 40. The statutory extension granted by PDS 12-001 is exclusive of and runs concurrently with any request for approval extension that may be provided by the St. Lucie County Land Development Code. 41. On July 3, 2012, the Treasure Coast Regional Planning Council issued a letter to both the City and the County confirming that the application qualified as a non - substantial deviation, a Notice of Proposed Change was not required and the Council was not in objection to the proposed Development Order amendments described in the October 27, 2011 application, as amended March 7, 2012. 42. On December 4, 2012, the Board approved Resolution 12-004, granting a tenth amendment to the amended Development Order to the Development of Regional Impact known as The Reserve. Among other adjustments, the amendment acknowledged the Development Order expiration date of March 21, 2020. 43. On August 28, 2019, the Governor issued Executive Order 19-189 for 60 days due to the threat of Hurricane Dorian to the State of Florida. The Governor further extended this Order through Executive Order 19-234 on October 25, 2019, Executive Order 19-281 on December 19, 2019, and Executive Order 20-43 on February 17, 2020 due to the ongoing recovery from Hurricane Dorian. The eligible tolling period for this emergency declaration is 240 days plus six (6) months. 44. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the period remaining for the duration of the emergency declaration plus six (6) months. 45. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety (90) days after the termination of the declaration of emergency. 46. On March 6, 2020, Lee Dobbins, Esq., of Dean, Mean, Minton & Zwemer, on behalf of Vistana PSL, Inc. filed a request for a Development Order extension, timely submitted in accordance with Florida Statute 252.363. 47. On March 10, 2020, Jacob Ensor, Esq. of Ross, Earle, Bonan & Ensor, P.A., on behalf of PGA Village Property Owners' Association, Inc., filed a request for a Development Order extension, timely submitted in accordance with Florida Statute 252.363. File No.: EDO 3202025703 PDS 2020-021 Page 6 48. Planning Staff performed an analysis of the extension requests and determined consistency with the active St. Lucie County development order and referenced Florida Statute. The analysis is included in the memorandum titled The Reserve Development of Regional Impact (DRI) Extension by Executive Order, dated March 10, 2020. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act the approval for the project known as The Reserve Development of Regional Impact (DRI) has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 12-001, and acknowledged in Resolution 12-004, is extended from its last scheduled date of expiration; March 21, 2020, and now shall expire May 18, 2021, for the property described in Part B. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Note: This Description Does Not Depict Lines of Ownership A Parcel of Land Lying in Sections 14, 15, 16, 21, 22, 23, 26, 27, 28, 34 and 35, Township 36 South, Range 39 East, St Lucie County Florida more particularly described as follows: Begin at the Southwest Corner of Said Section 15; Thence South 890 23' 26" East along the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection with the Westerly Line of a Parcel of Land Described in Official Records Book 514, Pages 237-239 Public Records of St Lucie County Florida; Thence North 440 46' 07" East, along the Westerly Line of Said Parcel of Land a Distance of 1393.92 Feet to the Point of Intersection with the Westerly Line of the Plat of G.O. Team Industrial Park - Unit One, as Recorded in Plat Book 23, Page 31, Public Records of St Lucie County Florida Thence Northeasterly along the Westerly Line of Said Plat of G.O. Team Industrial Park Unit One the Following Courses and Distances: North 450 13' 33" West, 660.03 Feet to the Point of Intersection with the Easterly Right- of-way Line of the Florida East Coast Railway; Thence North 44° 45' 58" East along Said Easterly Right-of-way Line a Distance of 120.00 Feet Thence South 450 13' 53" East, 510.04 Feet Thence South 63° 39' 59" East, 158.11 Feet to the Point of Intersection with the Easterly Line of a Florida Power and Light Easement as Recorded in Deed Book 198, Page 1040, Public Records of St Lucie County, Florida. Thence South 440 45' 58" West along Said Westerly Line of Said Plat of G.O. Team Industrial Park Unit One and its Northerly Prolongation and the Easterly Line of Said Florida Power and Light Easement a Distance of 4001.62 Feet Thence South 89" 29' 01" East a Distance of 5474.47 Feet to the Point of Intersection with the East Line of Said Section 15 Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four as Recorded in Plat Book 16, Page 23, Public Records of St Lucie County Florida Thence South 890 29' 01" East along the Northerly Line of Said Plat of Port St Lucie File No.: EDO 3202025703 PDS 2020-021 Page 7 Section Forty Four a Distance of 112.97 Feet to the Westerly Line of a Florida Power and Light Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie County Florida Thence South 00' 21' 26" West along the Westerly Line of Said Florida Power and Light Easement, a Distance of 3975.26 Feet to the Point of Intersection with the North Line of Said Section 23; Thence North 890 23' 16" East along Said North Line of Section 23, a Distance of 33.09 Feet to the Point of Intersection with the Westerly Line of a Florida Power and Light Easement Recorded in Official Records Book 97, Page 504, Public Records of St Lucie County Florida Thence South 00' 00' 15" West along the Westerly Line of Said Florida Power and Light Easement a Distance of 5305.53 Feet to the Point of Intersection with the North Line of Said Section 26, Thence South 000 00' 02" East along the Westerly Line of a Florida Power and Light Easement Recorded in Official Records Book 120, Page 199, Public Records of St Lucie County Florida a Distance of 2,898.15 Feet to the Point of Intersection with the Proposed Westerly Right-of-way Line of the Proposed (since built) 1-95 Interchange, Thence Southerly along Said Proposed Right-of-way the Following Courses and Distances; Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a Radial Line Bears South 470 50' 57" East with a Radius of 600.50 Feet Thence Southwesterly along the Arc of Said Curve a Distance of 176.71 Feet Through a Central Angle of 160 15' 37"; Thence South 590 00' 40" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast Having a Radius of 621.42 Feet Thence Southwesterly along the Arc of Said Curve a Distance of 416.77 Feet Through a Central Angle of 380 25' 38" Thence South; 20' 35' 02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest Having a Radius of 131.00 Feet, Thence Southwesterly along the Arc of Said Curve 149.35 Feet Through a Central Angle of 650 19' 11"; Thence South 85° 54' 13" West, 388.39 Feet; Thence South 05' 58' 06" East, 64.11 Feet; Thence South 890 54' 13" West, 300.01 Feet; Thence South 000 05' 47" East, 140.00 South 05' 46' 23" West, 64.11 Feet; Thence South 86° 05' 47" East, 960.95 Feet to a Point of Curvature of a Curve Concave to the Southwest Having a Radius of 600.50 Feet, Thence Southeasterly along the Arc of said Curve a Distance of 626.00 Feet Through a Central Angle of 59' 43' 45" to a Point of Compound Curvature of a Curve Concave to the Southwest, Having a Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Said Curve, a Distance of 60.04 Feet Through a Central Angle of 02' 39' 23" to the Point of Intersection with the Westerly Line of a Florida Power and Light Easement Recorded in Official Records Book 97, Page 504, Public Records of St. Lucie County Florida Thence South 00' 00' 02' East along the Westerly Line of Said Florida Power and Light Easement, a Distance of 411.27 Feet Thence along the westerly Line of a Florida Power and Light Easement Recorded in Official Record Book 468, Page 2897, the Following Courses and Distances: Thence South 000 35' 29" East, 1849.11 Feet; Thence South 060 37' 22" West, 631.95 Feet; Thence South 12' 26' 07" West, 640.99 Feet; Thence South 190 28' 36" West, 683.65 Feet; Thence South 790 27' 56' West, 55.51 Feet, Thence South 10' 32' 03" East, 50.00 Feet; Thence North 790 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 890 52' 17" West, 1527.70 Feet; Thence North 400 43' 16" West, a Distance of 1216.31 Feet Thence North 400 04' 45", a Distance of 95.12 Feet; Thence North 440 07' 10" West, File No.: EDO 3202025703 PDS 2020-021 Page 8 a Distance of 365.54 Feet; Thence North 475.89 Feet; West a Distance of 213.66 Feet, Thence North 480 38' 45" West, a Distance of 475.89 Feet; Thence South 610 51' 31" West, a Distance of 188.61 Feet; Thence North 660 42' 00" West, a Distance of 79.81 Feet; Thence North 430 42' 56" West, a Distance of 2428.68 Feet, Thence North 440 56' 04" West, a Distance of 1054.01 Feet; Thence North 440 47' 33" West, a Distance of 636.86 Feet to a Point of Intersection with the Easterly prolongation of the Southerly Line of the Plat of Sabal Creek Phase IV recorded in Plat Book 34, Pages 17 and 17A, Public Records of Said St. Lucie County; Thence North 430 08' 40" West along Said Easterly prolongation and Said Southerly Line a Distance of 1026.67 Feet Thence North 430 34' 56" West, along Said Southerly Line and the Southerly Line of the Plat of Sabal Creek Phase 11 recorded in Plat Book 24, Pages 1, 1A thru 1 C, Public Records of Said St Lucie County and the Westerly prolongation of Said Southerly Line a Distance of5393.03 Feet to the Point of Intersection with the Easterly Right-of-way Line of the Florida East Coast Railway; Thence North 440 45' 38" East, along the Easterly Right-of-way Line of the Florida East Coast Railway, a Distance of 8141.46 Feet to the Point of Intersection With The West Line of Said Section 15; Thence South 00° 36' 34" West, along the West Line of Said Section 15 a Distance of 110.12 Feet to the Point of Intersection with the South Line of Said Section 15 and the Point of Beginning. Containing 2,680 Acres More or Less. C. The approval granted by this administrative order shall expire on May 18, 2021, unless an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code or where otherwise applicable. D. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. E. A copy of this extension shall be placed on file with the St. Lucie County Planning and Development Services Director. F. This order shall be recorded in the Public Records of St. Lucie County. I k� This ORDER effective theday of gwl-AA , 2020. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCID, COUNTY, FLORIDA 31 File No.: EDO 3202025703 ie Olson, �41CP, Director PDS 2020-021 Page 9 APPROVED AS TO FORM AND CORRECTNESS: BY J County Attorney File No.: EDO 3202025703 PDS 2020-021 Page 10