HomeMy WebLinkAboutPDS-22-024 - Development of Regional Impact (DRI) Project Known as the ReservePDS ORDER 2022-024
File No. EDO-2204-000007
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 W. Lee Dobbins, Esq., of Dean, Mead, Minton & Moore, on behalf of
Vistana PSL, Inc., and has made the following determinations:
Callaway Land Cattle Company filed a Development of Regional Impact
Application for Development Approval with St. Lucie County Florida and the City
of Port St. Lucie Florida in accordance with Chapter 380.06 Florida Statutes.
2. Callaway Land Cattle Company, originally, proposed to construct 4,100 dwelling
units; 1,600,000 square feet of industrial space; 390,000 square feet of retail
space; 100,000 square feet of office space and 250 hotel rooms constituting a
Development of Regional Impact on the real property legally described in Section
D below located in St. Lucie County and the City of Port St Lucie all located in the
State of Florida.
3. The Board of County Commissioners of St. Lucie County, as the governing body
of St. Lucie County having jurisdiction over that portion of the project located in the
unincorporated areas of St. Lucie County pursuant to Chapter 380 Florida
Statutes, 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.
7. The Board of County Commissioners of St Lucie County received and considered
the assessment report and recommendations of the Treasure Coast Regional
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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
November 18, 1992, from which there had not yet been any official filing of
proposed amendments.
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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.
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.
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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.
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.
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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 September 13, 2021, deadline,
identifying the specific authorization for which the 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
File No.: EDO-2204-000007 PDS Order 2022-024
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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 March 11, 2020, the Planning & Development Services Director granted PDS
2020-021 that authorized an extension of the Development Order for the Reserve
DRI until May 18, 2021.
44. On April 1, 2021, the Planning & Development Services Director granted PDS
2021-015 that authorized an extension of the Development Order for the Reserve
DRI until November 28, 2022.
45. On November 17, 2021, the Planning & Development Services Director granted
PDS 2021-055 that authorized an extension of the Development Order for the
Reserve DRI until January 27, 2023.
46. On February 2, 2022, the Governor issued Executive Order 22-27 for 60 days due
to the freezing temperatures in the State of Florida. The eligible tolling period for
this emergency declaration is 60 days plus six (6) months.
47. 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.
48. 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.
49. On April 7, 2022, Lee Dobbins, Esq., of Dean, Mead, Minton & Moore, on behalf
of Vistana PSL, Inc. filed a request for a Development Order extension, timely
submitted in accordance with Florida Statute 252.363.
File No.: EDO-2204-000007 PDS Order 2022-024
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50. 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 June
29, 2022.
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.
2021-055 is extended from its last scheduled date of expiration; January 27, 2023, and
now shall expire September 25, 2023, 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 89' 23' 26" East
along the South Line of Said section 15, a Distance of 812.97 Feet to the Point of
Intersection with the Westerly Line of a Parcel of Land Described in Official Records
Book 514, Pages 237-239 Public Records of St Lucie County Florida; Thence North
44' 46' 07" East, along the Westerly Line of Said Parcel of Land a Distance of 1393.92
Feet to the Point of Intersection with the Westerly Line of the Plat of G.O. Team
Industrial Park - Unit One, as Recorded in Plat Book 23, Page 31, Public Records of
St Lucie County Florida Thence Northeasterly along the Westerly Line of Said Plat of
G.O. Team Industrial Park Unit One the Following Courses and Distances:
North 45' 13' 33" West, 660.03 Feet to the Point of Intersection with the Easterly Right-
of-way Line of the Florida East Coast Railway; Thence North 44' 45' 58" East along
Said Easterly Right-of-way Line a Distance of 120.00 Feet Thence South 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 44' 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 890 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 89' 29' 01" East along the Northerly Line of Said Plat of Port St Lucie
Section Forty Four a Distance of 112.97 Feet to the Westerly Line of a Florida Power
and Light Easement as Recorded in Official Records Book 90, Page 71, Public
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Records of St. Lucie County Florida Thence South 00' 21' 26" West along the Westerly
Line of Said Florida Power and Light Easement, a Distance of 3975.26 Feet to the
Point of Intersection with the North Line of Said Section 23; Thence North 89' 23' 16"
East along Said North Line of Section 23, a Distance of 33.09 Feet to the Point of
Intersection with the Westerly Line of a Florida Power and Light Easement Recorded
in Official Records Book 97, Page 504, Public Records of St Lucie County Florida
Thence South 00' 00' 15" West along the Westerly Line of Said Florida Power and
Light Easement a Distance of 5305.53 Feet to the Point of Intersection with the North
Line of Said Section 26, Thence South 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 59' 00' 40" West, 462.08 Feet to a Point of Curvature of a Curve
Concave to the Southeast Having a Radius of 621.42 Feet Thence Southwesterly
along the Arc of Said Curve a Distance of 416.77 Feet Through a Central Angle of 38'
25' 38" Thence South; 20' 35' 02" West, 532.11 Feet to a Point of Curvature of a Curve
Concave to the Northwest Having a Radius of 131.00 Feet, Thence Southwesterly
along the Arc of Said Curve 149.35 Feet Through a Central Angle of 65' 19' 11";
Thence South 85' 54' 13" West, 388.39 Feet; Thence South 05' 58' 06" East, 64.11
Feet; Thence South 89' 54' 13" West, 300.01 Feet; Thence South 00' 05' 47" East,
140.00 South 05' 46' 23" West, 64.11 Feet; Thence South 860 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 590 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 00' 35' 29" East, 1849.11 Feet; Thence South 06' 37, 22" West, 631.95
Feet; Thence South 120 26' 07" West, 640.99 Feet; Thence South 19' 28' 36" West,
683.65 Feet; Thence South 79' 27' 56' West, 55.51 Feet, Thence South 10' 32, 03"
East, 50.00 Feet; Thence North 79' 27' 56" East, 55.39 Feet; Thence South 40' 32'
32" East, 146.64 Feet;
Thence South 23' 34' 44" West, a Distance of 422.42 Feet; Thence South 89' 52, 17"
West, 1527.70 Feet; Thence North 40' 43' 16" West, a Distance of 1216.31 Feet
Thence North 40' 04' 45", a Distance of 95.12 Feet; Thence North 44' 07' 10" West,
a Distance of 365.54 Feet; Thence North 475.89 Feet; West a Distance of 213.66 Feet,
Thence North 48' 38' 45" West, a Distance of 475.89 Feet; Thence South 61' 51' 31"
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West, a Distance of 188.61 Feet; Thence North 66' 42' 00" West, a Distance of 79.81
Feet; Thence North 43' 42' 56" West, a Distance of 2428.68 Feet, Thence North 44'
56' 04" West, a Distance of 1054.01 Feet; Thence North 44' 47' 33" West, a Distance
of 636.86 Feet to a Point of Intersection with the Easterly prolongation of the Southerly
Line of the Plat of Sabal Creek Phase IV recorded in Plat Book 34, Pages 17 and 17A,
Public Records of Said St. Lucie County; Thence North 430 08' 40" West along Said
Easterly prolongation and Said Southerly Line a Distance of 1026.67 Feet Thence
North 43' 34' 56" West, along Said Southerly Line and the Southerly Line of the Plat
of Sabal Creek Phase 11 recorded in Plat Book 24, Pages 1, 1 A 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 44' 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 September 25, 2023,
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 Department and denoted on the County's Zoning Atlas.
F. This Order shall be recorded in the Public Records of St. Lucie County.
File No.: EDO-2204-000007 PDS Order 2022-024
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This ORDER effective the
t day of -J-uu � , 2022.
Ij
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
L
BY 0.
ayte Santa ar , Director
APPROVED AS TO FORM
AND CORRECTNESS:
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