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HomeMy WebLinkAbout22-116 RESOLUTION NO. 2022-116 File No. DRI_PA-8202126042 A RESOLUTION AMENDING RESOLUTIONS 89-73, 91-228, 93- 61, 93-125, 95-195, 97-023, 97-086, 98-100, 04-081,08-091,AND 09-016 AND 12-004 APPROVING AN TENTH ELEVENTH AMENDMENT TO THE AMENDED DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE RESERVE. WHEREAS,the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Callaway Land & Cattle Company has 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 B 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 n o m 3 County having jurisdiction over that portion of this project located in the unincorporated n8 areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and 49 c empowered to consider Applications for Development Approval for Developments of P 8$m Regional Impact. m c z 4. On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of ffi m m P 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. 9m % 3 Z m 5. The Board of County Commissioners of St. Lucie County, Florida, on the 15th day of D. December 1988, held a public hearing on the Development of Regional Impact Application 2 for Development Approval for The Reserve, and has heard and considered the testimony m taken thereat. ° o 6. At this public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, December 20, 1988. 7. On Tuesday, December 20, 1988, the Board of County Commissioners removed from the table,the request of The Reserve Development of Regional Impact, for Development Order approval. 8. The Board of County Commissioners of St. Lucie County has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council. 9. On December 20, 1988, the Board adopted Resolution No. 88-357, effective December 28, 1988, granting development order approval to The Reserve. 10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the County's Development Order to the Florida Land and Water Adjudicatory Commission. Page I 1 Resolution 2022-116 Single Underline is for additions July 5,2022 Reserve DRI-NOPC Str+^T^^ is for deletions 11. 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, and the amended Development Order, resolution 89-73, reflects that settlement. 12. On March 14, 1989, this Board granted approval to Resolution 89-73, effective March 21, 1989, which amended the approved Development Order for the Development of Regional Impact known as The Reserve, and at the same time repealing Resolution 88-357. 13. On November 12, 1991, this Board granted approval to Resolution 91-228, which amended Condition Number 55 of Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 14. On January 22, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes for a second amendment to Resolution 89-73. 15. On May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a second amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve, and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 16. On July 27, 1993, this Board granted approval to Resolution 93-125, which provided for the third amendmentto Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve, and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 17. At the time Resolution 93-061 was approved by the Board, the approval was conditioned upon the applicants, Callaway Land Cattle Company, filing with St. Lucie County, The Florida Department of Community Affairs, and the Treasure Coast Regional Planning Council a Notification of Proposed Change to a Previously Approved Development of Regional Impact for the purpose of reviewing the upland/wetland mitigation, transportation and any other related conditions affecting 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. 18. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes for a fourth amendment to Resolution 89-73. 19. On September 21, 1995, the St. Lucie County Local Planning Agency/Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St Lucie News and the Tribune on August 17, 1995, and August 31, 1995, on the proposed amendments to Resolution 89-73, as previously amended. 20. On October 17, 1995, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995, and September 26, 199,5 on the proposed amendments to Resolution 89-73, as previously amended. 21. On October 17, 1995, this Board granted approval to Resolution 95-195, which provided for the fourth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 22. On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land and Water Adjudicatory Commission and Notice of Appeal of the approved Amended Page 1 2 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike Thru is for deletions Development Order for the Reserve (FLWAC Case No. 96-010). 23. On December 16, 1996, the Florida Department of Community Affairs and the developers of The Reserve, Callaway Land, and Cattle Company, Inc., entered into a Settlement Agreement for the purpose of addressing the issues raised under the Department of Community Affairs appeal of the approved Amended Final Development Order for The Reserve (Resolution 95- 195). 24. On January 23, 1997, the developers of The Reserve, Callaway Land, and Cattle Company, Inc., requested that the Board of County Commissioners consider an amendment to the Amended Final Development Order for the Reserve (Resolution 95-195) based on the settlement agreement with the Department of Community Affairs on their appeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195). 25. On February 4, 1997, this Board granted approval to Resolution 97-023, which provided for a fifth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve, and determined that the proposed amendments, that were based on the settlement agreement between the Callaway Land and Cattle Company and the Department of Community Affairs on the Department of Community Affairs appeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195) and further that the proposed amendments did not constitute a substantial deviation to the original Development Order. 26. On May 5, 1998, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact. pursuant to Chapter 380.06(19), Florida Statutes for a sixth amendment to Resolution 89-73. 27. On August 18, 1998, this Board granted approval to Resolution 98-100, which provided for a sixth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as the Reserve. 28. On August 22, 2003, Reserve Homes, Ltd., L.P., filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes, (NOPC) for a seventh amendment to Resolution 89-73 to, among other things, amend the DRI Development Program to be as follows: 3,200 residential units; 500,000 square feet of industrial space; 290,000 square feet of retail space; 100,000 square feet of office space; 250 hotel rooms; 4 golf courses with accessory buildings and a passive and an active recreation area which may include: baseball and multipurpose fields; operational offices; welcome center; parking for 750 vehicles; and a children's team sports training center; on 81+ acres. The NOPC also amends the boundary of the DRI to eliminate 10 acres from the DRI. 29. On April 20, 2004, this Board granted approval to Resolution 04-081, which provided for a seventh amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 30. Whereas, on January 12, 2007, this Board granted approval of the Settlement Agreement resolving certain issues with respect to the approved Development Order. 31. On March 19, 2007, as required by the Settlement Agreement, Reserve Homes, Ltd., L.P., filed a Notification of Proposed Change to an Approved Development of Regional Impact pursuant to Chapter 380.06(19), Florida Statutes, (NOPC) for an eighth amendment to Resolution 89-73 to, among other things, amend certain conditions of approval to reflect changes required by the Settlement Agreement and to amend the DRI Development Program to be as follows: delete the approval for baseball and multipurpose fields; operational offices; welcome center; parking for 750 vehicles; and a children's team sports training center and replace with 76,500 square feet of additional general office/commercial Page 13 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC StrikpTr,.QTV r , is for deletions use. This replacement square footage being equivalent in the amount of traffic generated as the deleted use. 32. On September 16, 2008, this Board granted approval to Resolution 08-091, which provided for an eighth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 33. 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 microsited 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. 34. On April 7, 2009, this Board granted approval to Resolution 09-016, which provided for a ninth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 35. Section 380.06(19)(c), Florida, Statutes, provides that a developer may file a notice letter with a local government to extend the DRI phase, buildout, and expiration dates by four years, subject to certain procedural requirements. The developer filed the required notice letter to effectuate the extensions, and this 10th amendment to the Development Order incorporates the statutorily authorized extensions. Pursuant to s. 380.06(19)(c). F.S., this amendment is not subject to further development -of -regional -impact review. Chapter 2007-204, Laws of Florida, provides that a developer may file a notice letter with a local government to extend the DRI phase, buildout, and expiration dates by three years, subject to certain procedural requirements. The developer filed the required notice to effectuate the extensions, and this amendment to the Development Order incorporates the statutorily authorized extensions. Pursuant to Chapter 2007-204. Laws of Florida. this amendment is not subject to further development -of -regional -impact review; and 36. On October 27. 2011. Reserve Homes, Ltd., L.P. filed an application for 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 amendment results 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 increase(s) in intensities to the Reserve DRI will require the Reserve DRI to undergo further DRI review consistent with Chapter 380.06, F.S. 37. On July 3, 2012, the Treasure Coast Regional Planning Council issued a letter to both the City and the County confirming that the application qualifies as a non -substantial deviation pursuant to s. 380.06(29)(e)2k. Florida Statutes, and published findings that pursuant to s. 380.06(19)(f)(4), Florida Statues the proposed change will not create additional regional impacts on regional resources that were not previously reviewed by the Council; the Council does not object to the proposed Development Order amendments described in the application. Further, in their letter dated July 18, 2012, the Department of Economic Page 1 4 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC mike-Thn - is for deletions Opportunity concluded that the proposed changes are subject to s. 380.06(19)(e)2k, Florida Statutes, and that the proposed change, therefore, do not constitute a substantial deviation and a Notice of Proposed Change is not required. 38. On December 4, 2012, this Board held a public hearing, of which due public notice was published in the St. Lucie News Tribune on November 14, 2012, on the proposed amendments to Resolution 89-73, as previously amended. 39. On December 4, 2012, this Board granted approval to Resolution 12-004, which provided for a tenth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 40. Between October 22, 2012, and December 31, 2021, other land owners lying within the boundary of the DRI development order filed for DRI extensions that extend the DRI buildout date to January 27, 2023. 41. On February 3, 2022, Meritage Homes of Florida, Inc. on behalf of PGA at Saint Lucie County LLC filed an application for a Notice of Proposed Change pursuant to Chapter 380.06(7), Florida Statutes, (NOPC) for an eleventh amendment to Resolution 89-73 to amend Map H and among other things, amend the DRI Development Order to; delete 16,000 square feet of industrial use; delete 53,264 square feet of general commercial/retail use, and replace with 101 additional residential units and 89,379 SF of office use. This increase in use is equal in the amount of traffic generated as the deleted use. The resulting change amends the DRI Development Order to be as follows: 3,001 residential units; 484,000 square feet of industrial space; 96,736 square feet of commercial/retail space; 160,479 square feet of office space; 310 hotel rooms; 4 golf courses with accessory buildings and uses; and an active recreation area which may include operational offices, welcome center, driving range, golf instruction, and meeting and conference rooms. 42. On July 5, 22, this Board held a public hearing of which due notice was published in the St. Lucie News Tribune prior to the hearing on the proposed amendments to Resolution 89-73, as previously amended. 43. On July 5, 2022, this Board granted approval to Resolution, which provided for an eleventh amendment to Resolution to 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 44. The Board believes that approving this tenth eleventh amendment to the Amended Final Development Order for The Reserve is in the best interest of the public health, safety, and public welfare of the citizens of St. Lucie County, Florida, and further that the proposed amendments do not constitute a substantial deviation to the original Development Order, as amended, and that the proposed changes do not create additional regional impacts on regional resources and facilities that were not previously reviewed. 45. The Board of County Commissioners continues with the following amended FINDINGS of FACT and CONCLUSIONS of LAW with regard to the Application for Development Approval as cited in Resolution 89-73: AMENDED FINDINGS OF FACT A. The proposed Development is not in an Area of Critical State Concern as designated pursuant to the provisions of Section 380.06 380.05, Florida Statutes. B. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located. Page 1 5 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike ke Thru is for deletions C. On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and recommendations on this development pursuant to Section 380.06(12)(a), Florida Statutes. D. On August 25, 1995, the Treasure Coast Regional Planning Council issued a report and recommendations on the Notification of Proposed Change to a Previously Approved Development of Regional Impact (The Reserve) pursuant to Section 380.06(12)(a), Florida Statutes. E. On June 4, 1998, the Treasure Coast Regional Planning Council issued a report and recommendations on the Notification of Proposed Change to a Previously Approved Development of Regional Impact (The Reserve), filed May 5, 1998, pursuant to Section 380.06(12)(a), Florida Statutes, and determined that the proposed changes to the Final Development Order for the Reserve would not constitute a substantial deviation to the previously approved Development Order. F. The Treasure Coast Regional Planning Council advised the County that it had reviewed the Notification of Proposed Change to a Previously Approved Development of Regional Impact for the Reserve DRI, filed in August 2003, pursuant to Section 380.06(19)(f)(4), Florida Statutes, and determined that the proposed changes to the Final Development Order for the Reserve DRI would not create significant regional impacts not previously reviewed. G. The proposed Development is consistent with the local comprehensive plan, development haws and regulations of St. Lucie County. H. As part of the seventh amendment to the previously approved Development of Regional Impact known as The Reserve, it is acknowledged that the developer has submitted a comprehensive air quality computer modeling study that demonstrates that State and federal air quality standards have been met, and which does not identify any exceedances requiring carbon monoxide monitoring or abatement. I. In the seventh amendment to the previously approved Development of Regional Impact known as The Reserve, filed on August 22, 2003, Reserve Homes, Ltd., L.P., included a proposal to amend the master site plan for the Reserve DRI to include a general-purpose ground connection/roadway between a portion of the Sable Creek Subdivision and the property to the south of this site. As of the April 20, 2004, a public hearing on the Notice of Proposed Change (NOPC), Reserve Homes, Ltd., L.P., withdrew from the application all proposed amendments to the project that involved the reconfiguration of any part of the overall project site plan that would have provided for the construction of any general purpose access connection into the areas south of the PGA Reserve, except that Reserve Homes indicated that they would, consistent with the requirements of the PGA Villages Final Development Order, maintain an emergency only connection that would be available to any local public safety authorities should it be needed to address emergency conditions. J. The Treasure Coast Regional Planning Council advised the County that it had reviewed the Notification of Proposed Change to a Previously Approved Development of Regional Impact for the Reserve DRI, filed March 19, 2007, pursuant to Section 380.06(19)(f)(4), Florida Statutes, and determined that the proposed changes to the Final Development Order for The Reserve DRI would not create significant regional impacts not previously reviewed. K. On February 27, 2009, the Treasure Coast Regional Planning Council issued a report and published findings that pursuant to Section 380.06(19)(f)(4), Florida Statutes, it determined the proposed change will not create additional regional impacts on regional resources that were not previously reviewed by the Council. Further, the Council does not object to the proposed DO amendments described in the Substantial Deviation application received by Council on December 3, 2008. L. The Treasure Coast Regional Planning Council in their letter dated July 3, 2012, advised the County that it had reviewed the proposed changes to a Previously Approved Page 1 6 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC StrikeaTL r� �� is for deletions Development of Regional Impact for the Reserve DRI, filed October 27, 2011, as amended March 7, 2012, pursuant to Section 380.06(19)(f)(4}, Florida Statutes, and determined that the proposed changes to the Final Development Order for The Reserve DRI would not constitute a substantial deviation nor create significant regional impacts not previously reviewed. CONCLUSIONS OF LAW 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 5th day of July, 2022 Resolution 2022-116, which amends Resolution 12-004, which amended Resolution 09-016, which amended Resolutions 08-091, 04-081, 98-100, 97-023 (as corrected by Resolution 98-086) which amended Resolution No. 95-195, which amended Resolution No. 93-125, which amended Resolution No. 93- 061, which amended Resolution No. 91-228, which amends Resolution No. 89-73, which amended Resolution No. 88-357 granting Development Order Approval to the Development of Regional Impact known as The Reserve, is hereby APPROVED subject to the following conditions, restrictions, and limitations: APPLICATION FOR DEVELOPMENT APPROVAL The Reserve Development of Regional Impact Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, 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, as modified by Development Order conditions, is a condition for approval. For the purpose of this condition, the Application for Development Approval shall include the following items: a. Application for Development Approval dated July 9, 1987; b. Supplemental information dated December 3, 1987; June 15, 1988; July 22, 1988; July 29, 1988; and August 12, 1988; and c. Materials dated September 28, 1988; September 30, 1988; and October 6, 1988, which were received by the Treasure Coast Regional Planning Council after the formal Development of Regional Impact Application for Development Approval review process was terminated by the applicant and local public hearings had been scheduled. d. Notice of proposed change dated May 25, 1993. e. Materials submitted on January 31, 1994, August 5, 1994, and February 3, 1995, with the Notice of Proposed Change/Substantial Deviation ADA for the substantial deviation determination. f. Notice of Proposed Change filed May 5, 1998. g. Notice of Proposed Change dated August 22, 2003. • Resolution 89-73, as previously amended, is hereby amended to reflect that based upon the new analysis and conditions set forth in this amended Development Order, the following conditions (from Resolution 98-100) are being deleted and/or amended: Paragraphs 5, 15, 46, 47, 52, 53, 53A, 53B, 54, 55A, 55B, 55C, 56, 57, 58, 59, 60, 61, 62, Page 1 7 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC CtFoke TL F i� is for deletions 63, 64, 65, 66A, 6613, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77 and 78; • and the following conditions from Resolution 98-100 have been determined satisfied: Paragraphs 5, 52, 53, 54a, 54b, 55A, 55B, 55C, 56, 59b, 60b-2, 60b-3, 64, 66B-d, 72, 73 and 77. h. Notice of Proposed Change filed March 19, 2007 Resolution 89-73, as previously amended, is hereby amended to reflect that based upon the new analysis and conditions set forth in this amended Development Order, the following conditions (from Resolution 04-081) are being deleted and/or amended: Paragraphs 6, 713, 15, 17, 46, 53, 55-61. (13 Conditions of Approval) i. Notice of Substantial Deviation filed November 12, 2008 Resolution 08-091, as previously amended, is hereby amended to reflect the new amendments to condition number 15 as set forth in this amended Development Order. Notice of Proposed Change filed October27, 2011, as subsequently amended on March 7, 2012, Resolution 89-73, as previously amended, is hereby amended to reflect that based upon the new analysis and conditions set forth in this amended Development Order. The following conditions (from Resolution 09-016) are being amended and/or added: • Paragraphs 2, 15a, 51, 57 and 62. k. Notice of Proposed Changed dated July 5, 2022. Resolution 89-73 as amended is hereby amended to reflect that based upon the new analysis and conditions set forth in this amended Development Order, Paragraph 2, Condition 2, and Map H from Resolution 12-004, are being amended. The following conditions have been satisfied: Conditions: 52, 53, 57, 61, and 62 COMMENCEMENT OF DEVELOPMENT 2. develc)prneRt beyGRd that authGFizedin the D ... Agreement Within three years frem the effest+ve-da+tef the DevelepmeRt QFQer (the -earlier of twe dates if separate Develepment Orders are -I-issued by C+ Glll IRty and the City of PGFt C+ 1 UGi deve!GpMeRt appFGVal shall terminate and the deVelepMeRt shall be subjeGt te further pursW2Rt tG SeGtOOR 380.06, Florida Statutes. FeF the purpeses ef this paragraph, evmdenGe ef a StFLIGture (ether thaR a mobile heme) en a site, SUGh as the pouring Gf slabs c)r f0etiRgG c)r any werk beyond the stage ef er land GleaFiRg. Phase I -;hall be GOrnpleted withiR bNelve years. If not r.empleted within that time, further development shall be subje t +„ substantial deviation FeVieW. Significant physical development has been commended. Project buildout dates and phasing buildout dates reflected in the ADA are extended by four years. Page 1 8 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike,T�•u is for deletions Termination Date: This development order shall terminate 34-34 years from the effective date of Resolution 89-73, (rrh 21, 2028JanuaN 27, 2023). Any final devolnnmont nlon appreya'S nr,t vet rcnciyed at the GOrnpletion of this 31 3d year peried will be subjeGt tE) further review under th f SeGtien 380.06, FleFeda Statues, or as subsequently ameRde4Gl_-. Note: Significant physical development has commenced fully satisfying this condition. AIR 3. Clearing of specific building sites shall not commence until the developer is ready to construct the building or buildings to be located on that site unless seeding and mulching of disturbed areas are undertaken within 30 days of completion of clearing work. During land clearing and site preparation, wetting operations, or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer to the satisfaction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental Regulation. 4. During land clearing and site preparation, wetting operations, or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer to the satisfaction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental Regulation. HISTORIC AND ARCHAEOLOGICAL SITES In the event of the discovery of any archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Divisio.p Of HiStoriGal rl'i'c'nn shall be provided by the developer. St. Lucie County. ' HABITAT, VEGETATION, AND WILDLIFE 6. Wetlands 1, 4, 5, 6, 10, 15, 16, 26, 38, 39, 52, 61, 61 A, 61 B, 62, 63, 64, 71, 78, 80, 81, 83, 84, 86, 89, 91, 92 and 93 as permitted and delineated in the jurisdictional survey and reflected on the Master Plan, Exhibit H (a.k.a. Map H) shall be retained and/or restored if necessary, and maintained in viable condition in perpetuity. The applicant shall obtain the required permit approvals to alter/restore these wetlands from the South Florida Water Management District and the US Army Corp of Engineers. To ensure that the preserved wetlands are not adversely impacted, the future permit approval of the wetland alteration/restoration shall be based on coordination with and review by the Florida Game and Freshwater Fish and Wildlife Conservation Commission and shall be subject to development order review pursuant to Section 380.06{19)(b)16, Florida Statutes. Such wetlands modification shall be included in the biennial Development of Regional Impact status report. Map H in the Development Order shall be amended, for updating purposes, to ensure that the DRI development plan is consistent with the permit modification no later than six months after South Florida Water Management District accepts certification of the surface water management system for the fourth (4th) Reserve Golf Course (PUD II). Viability and maintenance shall be assured by deed restriction, good development, and drainage design plan which will include quality control measures based on South Florida Water Management District's best management practices. Assignment of future preservation and maintenance responsibility shall be to an entity approved by the South Florida Water Management District or designated in Rule 9J-2.041 (9), FAC. This assignment shall occur prior to build -out of the phase in which wetlands occur. Adverse impacts that occur due to factors within the developers' reasonable control, to any of the identified wetlands prior to build -out of this Page 1 9 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC StriL�FTL ri-- is for deletions project shall be the responsibility of the developer to repair Any restoration conducted pursuant to this condition shall be completed in consultation with, and in a manner approved -by, the South Florida Water Management District and/or the US Army Corps of Engineers based on consultation with Florida Fish and Wildlife Conservation Commission to ensure that preserved wetlands are not adversely impacted. No building permits or certificates of occupancy shall be issued for any part of the Reserve Development of Regional Impact after the effective date of this development order (the earlier of two dates if separate development orders are issued by St. Lucie County and the City of Port St. Lucie), until: 1. the ditch connecting wetland 61 B to the C24 outfall route has been plugged up to the rim of the wetland; and, 2. after January 1, 1997, unless all the remaining restoration required by this condition has been completed and approved by the South Florida Water Management District. 7A. Wetlands 62 and 76 shall be preserved until such time as the Developer has created a replacement wetland in mitigation for these preserved wetlands to be removed. Such created wetlands shall be constructed to fully replace the functions and values equal to those of wetlands 62 and 76. No removal of wetlands 62 and 76 shall take place until the created wetlands are complete, inspected and approved by the South Florida Water Management District. 7B. Any wetland habitat creation permitted under this condition 6 or 7a shall be completed by the earlier to occur of January 1, 1997, or the issuance of any final PUD, plat or building permit for the two thousandth (2000th) residential unit in The Reserve. No final planned development or plat approvals shall be issued after January 1, 1994, until one of the following actions have been completed a. The developer has completed, to the reasonable satisfaction of the South Florida Water Management District, the creation of 50.0 acres of wetland habitat in mitigation for wetland habitat already destroyed on this project and previously required to be mitigated by South Florida Water Management District; or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and South Florida Water Management District, to St. Lucie County, or another entity acceptable to St. Lucie County, and South Florida Water Management District, 50.0 acres of upland habitat; or c. The developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and St. Lucie County. If the developer chooses to meet all or part of this responsibility by creation of wetland habitat, then the continued viability and maintenance of this habitat shall be assured by deed restriction, good development and drainage plan design, and assignment of future preservation and maintenance responsibility to any entity approved by South Florida Water Management District prior to build -out of the phase in which the created wetland occurs. If the developer chooses to meet all or part of this mitigation responsibility by dedicating upland habitat as in option (b) above, such lands shall be transferred with restrictions that require their preservation as nature habitat area. Such lands Page 1 10 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike Thr is for deletions shall not be credited towards the requirement that the Developer preserve 25 percent of the upland habitat on site, pursuant to Condition 15. d. Any wetland habitat creation permitted under this condition (8) shall be completed by the earlier to occur of January 1, 1994, or the issuance of final PUD or plat approval for the two thousandths (2000th) residential unit in The Reserve. The developer will provide St. Lucie County Ceunsfl copies of the permits or other instruments showing compliance with the above conditions. 9. No Final Planned Development or plat approval shall be issued after January 1, 1995, until one of the following has been completed: a. The developer has completed, to the reasonable satisfaction of the South Florida Water Management District, the creation of wetland habitat as required by South Florida Water Management District Permits (above and beyond any wetland habitat created pursuant to the previous recommended condition), in mitigation for wetland habitat already destroyed on this project site; or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and the South Florida Water Management District, to St. Lucie County, or another entity acceptable to St. Lucie County and South Florida Water Management District, additional upland habitat acceptable to South Florida Water Management District (above and beyond any upland habitat deeded over pursuant to the previous conditions); or c. The developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and St Lucie County. d. In the event developer has been unable to complete the creation of the required additional acreage of wetland habitat as described in (a) above on or prior to January 1, 1995, it may post a security for its completion of performance. The form and content of the instrument providing said security shall be subject to the approval of St. Lucie County and shall include a sufficient amount of non -disturbed quality upland habitat acreage, as described above, equal to the acreage of wetlands which have not yet been created in accordance with (a) above. Such habitat posted in accordance with this section shall be released by the acre in exchange for each acre of wetland habitat subsequently created by the Developer in furtherance of his satisfying the condition set forth in 9(a). This procedure shall be deemed to satisfy the conditions required for issuance of final planned development, plat approvals or building permits after January 1, 1995. But under no circumstances shall planned development or plat approval be issued after January 1, 1997, without completion of wetland habitat as described in (a) above. e. The developer will provide St. Lucie County and_ Treasure CoastRegio^al copies of the permits or other instruments showing compliance with the above conditions. 10. Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the South Florida Water Management District prior to wetlands mitigation required by this D.O. occurring on site. As a minimum, the Master Plan shall set forth: a. The general criteria for construction and maintenance of wetland habitat; b. identify the location of all proposed mitigation relative to preserved wetland and Page 1 11 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DR]-NOPC Strike Thru is for deletions upland systems, the surface water management system, and development; c. provide for a mitigation, monitoring, and maintenance program; and d. include a justified estimate of total cost of implementing the proposed mitigation and monitoring program. To be approved, mitigation plans must be found to fully replace the functions and values provided by exempted wetlands that have been or will be eliminated. Reasonable assurance of financial and institutional ability to carry out the commitments included in the approved mitigation plan may be provided by any one or combination of the following: a. a surety bond in the amount equal to 125 percent of the cost estimate for implementing the approved mitigation and monitoring plan; b. performance guarantee to St. Lucie County and/or the City of Port St. Lucie as part of a project construction guarantee, provided the guarantee adequately covers costs; c. cash bond or letter of credit from a financial institution; d. escrow agreements which include money, land, or improvements; and, e. performance prior to wetland loss only applies to mitigation for wetlands not yet destroyed. The specific form and adequacy of the guarantee shall be subject to approval by St. Lucie County, if mitigation occurs within the County, or the City of Port St. Lucie and the TCRPC, if mitigation occurs within the City. Financial guarantees shall not be released for any portion of the project until work is completed, inspected, and approved in writing by the South Florida Water Management District. The biennial report shall include a summary of wetland mitigation accomplished pursuant to the approved master plan. A Gepy of the approved Mitigat'GR Master Plan will be provided te Treasure Geast Regional 11. Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved or restored on the project site. Wells in the shallow aquifer shall not be located within 300 feet of any wetlands which are preserved or restored on the project site. Any exceptions to this condition must be approved by the South Florida Water Management District based on soil or other data showing that water table elevations within preserved wetlands would not be adversely affected. 12. To help assure that maintenance or implementation of predevelopment hydroperiods occurs within the preserved and restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to wetlands prior to routing of any excess runoff to lake systems. Control elevations shall be established consistent with the intent to maintain or improve predevelopment hydroperiods within all wetland areas. The South Florida Water Management District must approve the routing of runoff and control elevations as shown on the final drainage plans to achieve the intent indicated above. Page 1 12 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Ctrokp Thr, i- is for deletions Copies of the South Florida Water Management District construction permits will be provided to Treasure Coast Regional Planning Council. 13. The developer shall preserve and maintain a buffer zone of native upland edge vegetation around all preserved, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Management District. The buffer zone shall include a canopy, understory, and ground cover of native upland species including saw palmetto, wiregrass, galiberry, Lyonia, or other upland species subject to approval of the TCRPC. The upland buffer may include slash pine and wax myrtle, but these species shall not be used in determining the location of the boundary between the wetland and upland. The buffer zone requirements of preserved or created wetlands for listed species shall be in accordance with the Florida Game and Freshwater Fish Commission guidelines as contained in the Florida Administrative Code, as of the time that the buffer zone is developed. The requirements of the upland buffer shall include a total area of at least ten square feet per linear foot of wetland, except where an expanded upland buffer has been required for protection of the Sandhill Crane as recommended by the Florida Game and Freshwater Fish Commission (provided for under the approved management plan referenced herein, and attached hereto and made a part thereof as an exhibit) and be located such that no less than fifty percent of the total shoreline is buffered by a minimum width of ten feet of upland habitat. Upland buffer shall be clearly delineated and roped off prior to any land clearing within 200 feet of any wetland to be preserved or restored. 14. No further land clearing or development activities shall take place on the Reserve DRI until: a. the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife Service approve a management plan for protection and management of the Red -cockaded Woodpecker; and, b. St. Lucie County is notified in writing that the management plan is approved. The management plan shall provide for the permanent preservation of any colony sites deemed necessary by the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service. Each preserve colony site shall be no less than ten acres in size and have boundaries no less than 200 feet from all existing cavity trees within the preserve. The Preserved colony sites may be irregularly configured and should include the best habitat for the Red -cockaded Woodpecker contiguous with the colony. The Developer shall not develop the underland or understory within the Preserve area. The plan shall also provide for sufficient foraging opportunities within one-half mile of the colony site to meet the recommended criteria set by the United States Fish and Wildlife Service Red -cockaded Woodpecker Recovery Plan. The plan must also include a monitoring program to ensure that sufficient foraging opportunities are maintained. The plan may -be updated and amended, and the preserve areas modified from time to time to accommodate then -current conditions with the approval of the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service. It shall be the responsibility of the Developer to implement the approved plan. 15. The developer shall preserve of (327.5 acres) of native upland habitat in accordance with the St. Lucie County's Comprehensive Plan for land within the jurisdiction of the County and with the City's comprehensive plan for land within the jurisdiction of the City as depicted on the referenced Exhibit C (Dated, January 17, 2007), which is to be kept on file with the St. Lucie County Planning and Development Services Director. Native upland habitat preserved and protected by deed restrictions pursuant to wetland buffer zone requirements and upland habitat required for the protection of species of special regional concern, including the Red - cockaded Woodpecker colony sites and Sandhill Crane upland buffer, may be counted toward meeting this minimum requirement. The balance of this preserved acreage may be Page 1 13 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC She-Thra is for deletions the result of micro -siting of development or selective clearing of areas to be developed as open space, common area or preserves., provided maintenance of habitat is required through deed restriction. However, as a minimum, preserve areas shall be of appropriate size, quality, and arrangement to maintain existing populations of species of special regional concern on the property. Native upland habitat is defined as areas exhibiting native species in all layers of canopy, understory, and ground cover that are present. Areas with native trees but planted ground cover do not qualify as native uplands (e.g., improved pasture). Micro -siting on individual residential lots shall not be counted towards meeting this requirement. Exhibit "C" (Dated January 17, 2007) a copy of which is to be kept on file with the St. Lucie Planning and Development Services Director, shall identify the minimum 327.5 acres preserved pursuant to this condition. The biennial report shall include copies of deed restrictions assuring preservation of native upland habitat acreage. Large preserve tracts of land or micro -sited preservation on individual commercial or industrial lots, if used to meet the habitat requirement, shall be established by the developer through permanent deed restrictions or as otherwise shown as being preservation areas on approved site plans. The biennial report shall also include copies of deed, approved site plans with preservation areas, or other restrictions assuring preservation of native upland habitat acreage. Portions of the requisite 327.5 acres of upland preserve located in the City can be developed and offsite upland habitat provided. Offsite mitigation will be limited to 31 acres. Notwithstanding the foregoing, Reserve Homes Ltd., L.P. shall be deemed to be in compliance with the above condition provided it complies with the terms contained in Section 5 ofthat certain Settlement Agreement between St. Lucie County and Reserve Homes, Ltd., L.P. dated as of January 17, 2007. a. The Developer shall upon adoption of this tenth amendment to Resolution 89-73 deed to the City of Port Saint Lucie a 22.86 ac. parcel of land for open space conservation purposes as shown on Exhibit D (Exhibit E in Resolution 12-RIOI of the City of Port Saint Lucie) dated October 27, 2011, of Resolution 12-R101. All upland habitat portions of said 22.86 ac. parcel of land shall count toward the required upland habitat within the DRI. Should the City develop this land for non - conservation use(s) the City shall be required to mitigate for the loss of the upland habitat. 16. Prior to commencement of clearing activities on any portion of the Reserve site, the Developer must survey for gopher tortoise burrows. Protecting in situ, or relocation into a suitable on - site preserve is required before development of the parcel surveyed. If gopher tortoise burrows are found, any Florida mouse, gopher frog, and Eastern Indigo snake found shall be provided for as well. The plan for protection of these species shall be reviewed and approved by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. After approval of the plan, specific parcels may be cleared and developed subject to compliance with the methods and procedures stated in the plan without further approval. The biennial report required by Section 380.06 Florida Statutes, shall include a summary of survey and relocation efforts prepared by a qualified biologist. 17. As a minimum, the Developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes. One of these areas shall include wetlands 80, 81, and 83 and associated buffers (as identified in Map H, Exhibit B dated June 17, 2008). The other shall include portions of wetland 61, which includes 61A or 61 B) and associate buffers (as more specifically identified on Map H, Exhibit B dated June 17, 2008). The developer shall, after consultation with the Florida Game and Freshwater Fish Commission, provide a species and habitat management plan by March 5, 1997, as referenced herein at DO conclusions of law and attached hereto as Exhibit "A". A detailed site plan delineating the areas required by this condition shall be attached hereto and made a part of hereof. These wetlands areas shall be depicted on Map H as preserve areas consistent with Conditions 6 and 13. Page 1 14 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strmkp TV r is for deletions Management of the non -golf course portions of the buffers and the wetlands shall be pursuant to recommendations of the Florida Game and Fresh Water Fish Commission. During the months of December 1, to April 30, no construction within 300 feet of any preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane nests. In the event that active nests are found, construction shall not occur until July or 90 days after the eggs hatch, whichever occurs first. Construction of these areas during the months and days indicated may proceed based in coordination with the Florida Game and Freshwater Fish Commission. 17A. The application of pesticides, nematicides, and fungicides to the golf courses and other areas at The Reserve shall be done only in accordance with the applicable product label instruction, shall be applied only by, or under the supervision of, State of Florida licensed applicators, and shall be applied pursuant to the Integrated Pest Management Plan, attached hereto, and as it may be amended from time to time with the approval of the Florida Department of Agriculture. 18. Priorto further development activity, the developer shall provide the Treasure Coast Regional Planning Council with a letter assuring that access will be allowed to The Reserve Development of Regional Impact in perpetuity for the purposes of monitoring compliance of the project with conditions set forth. 19. In the event that it is determined that any additional representative of a plant or animal species of special regional concern (as defined in the Treasure Coast Regional Planning Council Assessment Report for The Reserve Development -of Regional Impact) is resident on, or otherwise is significantly dependent upon, The Reserve Development of Regional Impact property, the developer shall cease all activities which might negatively affect that individual population and immediately notify both the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. Proper protection, to the satisfaction of both agencies, shall be provided by the developer. 20. Concurrent with construction in any phase of the development, all Melaleuca, Brazilian Pepper, and Australian Pine which occur within that phase shall be removed. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shall be no planting of these species on site. DRAINAGE 21. The developer shall design and construct the stormwater management system to retain the maximum volumes of water consistent with providing flood protection. The system shall be designed and constructed to retain or detain with filtration, as a minimum, the first oneinch of runoff or the runoff from a one -hour, three-year storm event, whichever is greater. Required retention volumes may be accommodated in a combination of vegetated swales, dry retention areas, lakes with vegetated littoral zones, or other suitable retention structures. All discharges from the surface water management system shall meet the applicable water quality standards as established by the Florida Administrative Code. Completed construction pursuant to a valid South Florida Water Management District construction permit for a stormwater management system shall constitute compliance with this condition. 22. The developer shall design and construct the surface water management system such that maintenance of normal hydroperiods within restored, preserved, and created wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and Page 1 15 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DR[-NOPC Strike �QThr� �� is for deletions that the functions and values provided by these habitats will be maintained. Under no circumstances shall unfiltered runoff from impervious surfaces and parking areas be diverted directly into wetlands on site. Final drainage plans shall be submitted to South Florida Water Management District, St. Lucie County and the City of Port St. Lucie. At a minimum, such plans shall depict how preserved and created wetland areas will be incorporated into the development site plans for each individual development area or drainage basin with appropriate supporting information to demonstrate how sufficient quantities of surface runoff from portions of the developed areas will be conveyed to wetland areas in order to maintain or improve their existing hydroperiod. Clearing of the land in a development area or drainage basin shall not begin until plans are approved by the appropriate agencies for the development area or drainage basin. be provided Gepies of any GGR6tFUGtic)n pepmots issued by South Florida Vvate r\AaRagomont DiotriGt 23. The developer shall berm and swale or otherwise design and construct the golf course stormwater management systems to retain the first one-half inch of runoff from a one -hour, three-year storm event, prior to discharge of excess water to wetland habitats. 24. Maintenance and management efforts required to assure the continued viability of preserved and created wetland littoral zone and upland habitats and the proper operation of all components of the surface water management system shall be the financial and physical responsibility of the developer. Any entities subsequently approved by St. Lucie County or the City of Port St. Lucie to replace the developer shall be required, at a minimum, to assume the responsibilities outlined above. All golf course irrigation systems shall be designed in such a manner as to allow for a minimum 100-foot separation from any existing or proposed potable water well, (ref FAC 17-6.040(4)(q). Should the waste treatment system not meet the standards of a Class I reliability, then this minimum setback shall be 500 feet. 25. The developer shall establish a vegetated and functional littoral zone as a part of the surface water management system of lakes. Prior to construction of the system for each development area or drainage basin of the project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan shall: a. include plan view and site location; b. include typical cross sections of the surface water management system showing the average water elevation after taking account the effects of wellfield pumping and irrigation withdrawals on the lake system and the -3 foot contour (i.e., below average elevation); c. specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting or mulching to be provided; and d. provide a description of any management monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zone. The littoral zone as established shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, ten square feet of vegetated littoral zone per linear foot of lake shoreline shall be established. The plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the South Florida -Water Management District prior to the beginning of any excavation activity. Littoral zones shall be constructed concurrent with lake excavation and final grading. Operational permits for the surface water management system shall not be issued until such Page 1 16 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike� h�aTL r is for deletions time as the littoral zones have been constructed and inspected. WATER SUPPLY: POTABLE AND NONPOTABLE WATER 26. The primary source of golf course irrigation water shall be water derived from the surface water management system of lakes supplemented by surficial aquifer wells as permitted by SFWMD. Nowithdrawals from lakes shall be permitted which would adversely affectwetlands required by the Development Order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. At the time of water use permit issuance or renewal, the developer shall comply with applicable South Florida Water Management District rules and criteria for permit issuance, which criteria may in the future require the use of reclaimed water. The continued or proposed use of surficial aquifer wells to supply irrigation water to golf courses shall occur only as permitted by South Florida Water Management District. 27. Construction of additional golf courses beyond those already constructed shall not occur until it can be demonstrated to the satisfaction of the South Florida Water Management District that sufficient irrigation water can be derived on a sustainable basis from wastewater sources and surface water management system lakes to provide for irrigation requirements without adversely affecting wetlands required by the Development Order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. 28. All water use by The Reserve Development of Regional Impact shall be metered, whether derived from surface water management system lakes for irrigation or from wellfields servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be previded GGLIRG"' as parl A-f the biennial report to be submitted by the develeper as required by SeGtien 29. To reduce the demand for irrigation water, a minimum of 30 percent of all landscaping material and 50 percent of all planted trees shall be native plants adapted to the soil and climatic conditions occurring on site. 30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving The Reserve Development of Regional Impact shall be located such that principal land uses within the cone of influence of such wells are open space, preserve, or residential area. In no case shall development which would use, handle, store, or produce hazardous or toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water supply well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. 31. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless approved by the appropriate state permitting authority. 32. Water -saving plumbing devices shall be required in all construction (both residential non- residential) to reduce potable and nonportable water demand. These devices shall include low flush toilets and efficient faucets and shower heads to help reduce the use of potable water for these uses. 33. Rates charged for potable water use shall be structured to encourage water conservation. 34. All residential water requirements shall be supplied by a common utility which shall provide water service to all existing and proposed development, except Sabal Creek Phases I, II, III and IV. Page 1 17 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC StFoke-Thru is for deletions 35. No final planned development or plat approval shall be issued for The Reserve Development of Regional Impact beyond construction authorized by the Development Agreement executed by the Department of Economic Opportunity, until the South Florida Water Management District notifies St. Lucie County and the City of Port St. Lucie in writing that the method of providing potable and non -potable water needs to such further development proposed by the developer is permitted and will not have adverse impacts to: a. wetlands required by the Development Order to be preserved on site or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development; b. the potentiometric head of the Floridan Aquifer, if applicable; and c. the ability of existing legal users to meet their permitted potable and nonportable requirements. Parameters and methods of hydrologic investigations undertaken to demonstrate that a sufficient source of water is available to serve further development proposed by the developer without adversely impacting the items listed above shall be established to the satisfaction of the South Florida Water Management District. Receipt of a valid South Florida Water Management District consumptive use permit for a withdrawal shall constitute compliance with this section. 36. All residential, commercial and industrial water and sewer requirements shall be supplied by the a common utility which shall provide water and sewer service to all existing and proposed development, except Sable Creek Phases I, II, and IV, and Reserve Plantation I, IIA, and IIB, which contain lots which are in excess of the minimum requirements of one-half acre and any lots proposed within Sable Creek Phase III (56 acre parcel) providing such lots be at least one acre in size. At such time and in the event water and/or sewer lines are made available to lots contained the subdivisions referenced herein, they shall be required to hook up to the common utility service then provided by the utility company. 37. Any consents or other approvals required from the Treasure C;c)ast Regienal PlanRing SeunGil and or in consultation with other governmental agencies, as a condition to further development approvals being issued after the effective date of the development order, shall not be subject to unreasonable delay. after all bmissienc Y. d ether data required by of Gh 38. Maintenance and management efforts required to assure the continued proper operation of all components of the central water supply system shall be the financial and physical responsibility of The Reserve Community Development District until such time as it may be conveyed to another entity. Any entities subsequently authorized to replace The Reserve Community Development District shall be required, at a minimum, to assume the responsibilities outlined above or delegate such responsibilities to another entity to the satisfaction of the City of Port St. Lucie and St. Lucie County. Appropriate plans, specifications and applications for the water plant expansion shall be submitted to the Department of Environmental Protection (DEP) upon the existing water treatment facility reaching a finishing water maximum day demand equal to 80% of the DEP's rated plant capacity. Construction of the expansion shall begin before or when the facility achieves a maximum day finished water production equal to 90% of DEP's approved rated plant capacity. 39. The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised November 1988, as contained in The Reserve Development of Regional Impact Application for Development Approval, shall be capped and abandoned in accordance with South Florida Water Management District criteria prior to commencement of development outside the area Page i 18 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike ThFu is for deletions authorized for development in the Development Agreement. The obligated well referenced on Map F as described above shall be capped and abandoned in accordance with South Florida Water Management District criteria within 30 days of resolving such obligation for off -site use. WASTEWATER 40. Development shall only occur concurrently with the prov1s1on of adequate central wastewater treatment services. Prior to application for building permits for any part of The Reserve Development of Regional Impact at the beginning of each phase, the developer shall demonstrate that adequate treatment facilities will exist on schedule to handle all wastewater generated from both completed and planned development. Evidence of adequate treatment and disposal capability shall be subject to approval by St. Lucie County and the City of Port St. Lucie in consultation with the Department of Environmental Protection. The central wastewater treatment system shall be expanded based on the following flow capacities (actual 3 peak month average daily): a. When flows reach 60% of permitted capacity, a consultant will have been chosen. b. When flows reach 70% capacity, appropriate plans, specifications and application for wastewater plant expansion shall be submitted to the Department of Environmental Regulation. c. When flows reach 75% capacity, construction shall begin and be completed and certified prior to flows reaching 95% of permitted capacity. 41. The existing and proposed wastewater treatment and disposal system shall be constructed or modified to produce irrigation quality water so that spray irrigation of such water will be the primary wastewater disposal method. Excess wastewater may be disposed of through percolation ponds, as permitted. 42. Maintenance and management efforts required to assure the continued proper operation of all components of the central wastewater treatment system shall be the financial and physical responsibility of The Reserve Community Development District until such time as conveyed to another entity. Any entities subsequently authorized to replace The Reserve Community Development District shall be required, at a minimum, to assume the responsibilities outlined above or delegate such responsibilities to another entity to the satisfaction of St. Lucie County and the City of Port St. Lucie. HAZARDOUS MATERIALS AND WASTE 43. Within three months of the effective date of the Development Order (the earlier of two dates if separate Development Orders are issued by St. Lucie County and the City of Port St. Lucie), the developer shall submit a hazardous materials management plan for review and approval by the City of Port St. Lucie, and St. Lucie County in consultation with the South Florida Water Management District and the Department of Environmental Protection. If said approval is not obtained within six months of the effective date of the Development Order, no further final planned development approvals or plats shall be issued for any part of the project until approval is obtained. The plan shall: a. require disclosure by all owners or tenants of non-residential property of all hazardous materials proposed to be stored, used, or generated on the premises; b. require inspection of all business premises storing, using, or generating hazardous materials prior to the commencement of operation, and periodically thereafter to assure Page 1 19 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike T r, i- is for deletions that adequate facilities and procedures are in place to properly manage hazardous materials projected to occur; c. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; d. provide for proper maintenance, operation, and monitoring of hazardous materials management systems including spill and hazardous materials containment systems; e. detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials; and f. guarantee financial and physical responsibility for spill cleanup. MONITORING AND COMPLIANCE 44. In addition to all information required by Chanter 380 Florida Statutes; by GhapteF 9i_2 F!eFmda Administrative Code-, by St. Lucie County; and by the City of Port St. Lucie for inclusion in an biennial report to be prepared and submitted by the developer for The Reserve, a Development of Regional Impact, the following information must be included: a. current, good quality aerial photo showing native upland habitat preserved pursuant to the Development Order, acreage of the preserved areas, and copies of deed restrictions assuring preservation of native upland habitat acreage; summary of Gopher tortoise surveys and relocation efforts as required by the Development Order; and c. water use data (amounts from all sources) per Development Order condition requiring metered water use sources. EDUCATION 45. From the date of enactment of this resolution, until January 1, 1989, any residential development permitted within The Reserve, shall be subject to the voluntary school assessment incorporated as a part of that unit's development approval. Effective January 1, 1989, all residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance 88-16, School Impact Fees, and as may subsequently be amended. RECREATION AND OPEN SPACE 46. The developer shall reserve a minimum of eight acres of land in four parcels no less than two acres each in size to be deeded free and clear of all liens and encumbrances to homeowners' associations within The Reserve Development of Regional Impact for the establishment of recreational facilities geared to the needs of children living within the development. Parcels shall be reserved in an arrangement that will most conveniently serve the most residents based on proximity of residential areas. Prior to the delivery of any recreational parcel to an appropriate homeowner's association, the developer shall establish a fund of not less than $20,000 for construction of, or construct appropriate, recreational facilities on parcels to be turned over to the appropriate homeowners' association. POLICE AND PUBLIC SAFETY 47. Prior to the issuance of any building permits, in any portion of this project in the unincorporated areas of St. Lucie County, the following assessment shall be paid for the Page 1 20 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strikp ThrQThr is for deletions purpose of police/public safety: Residential: Single Family $ 111 per unit Multi -Family $ 99 per unit Office. - Medical Office $231 per 1000 sf Financial Office $506 per 1000 sf Other Office $127 per 1000 sf Retail: 0-49,999.9 sf $250 per 1000 sf 50,000-99,999.9 sf $298 per 1000 sf 100,000-199,999.9 sf $299 per 1000 sf Hotel/Motel $ 111 per unit Upon the enactment of a formal public safety (police) impact fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of that ordinance shall apply to those portions of this project, described in Section B of this resolution. FIRE PROTECTION 48. The developer shall reserve one parcel, a minimum size of two acres and configured to meet the needs of the St. Lucie County/Ft. Pierce Fire District, within the Reserve Commerce Park. This site shall be conveyed to the Fire District in a manner and time acceptable to the Fire District, if so required. Prior to the issuance of any building permits for any residential unit within The Reserve, including any hotel/motel unit, the developer shall pay to the St. Lucie County/Ft. Pierce Fire District the sum of $225 per unit to meet the fire protection needs of this development. Upon the enactment of a formal public safety (fire) impact fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of that ordinance shall apply to those portions of this project, described in Section B of this resolution. Note: This condition is satisfied ENERGY 49. In the final site and building design plans, the developer shall: a. incorporate those energy conservation measures identified on pages 25D.1 and 25D.2 of The Reserve Development of Regional Impact Application for Development Approval; b. comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida Statutes; and, c. to the maximum extent feasible, incorporate measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan dated May, 1979, and the Treasure Coast Regional Planning Council's Regional Comprehensive Policy Plan. Page 1 21 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike T- ..ri i- is for deletions As a minimum, the developer shall demonstrate that incorporation of energy conservation measures already committed to and those measures to be incorporated by the requirement of Condition 51 below has reduced projected energy demand by 20 percent below that demand which would have occurred without incorporation of the measures. 50. The developer shall incorporate each of the 17 energy saving methods outlined in the ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment Report for The Reserve Development of Regional Impact unless it can be demonstrated to the satisfaction of the Treasure Coast Regional Planning Council that individually each method is not cost effective. TRANSPORTATION 51. In the a ent the De elnner derir!__ to increase the arneURt Gf Permuted uses Lei,__ i fG the PLJD ped within hinh h GhaRge is rnntemnleted an analysis shG ding the add+tien, Any use conversion shall require the mutual agreement of St. Lucie County and Port St. Lucie. The St Lucie County Planning and Development Services Director and/or the City of Port St Lucie Director or Planning and Zoning shall be the local official assigned the responsibility to approve the conversion of use. The conversion of use shall use the ratios contained in the conversion matrix and the cumulative use may not be less than the minimum use or more than the maximum use identified in the conversion matrix. The DRI biennial Report shall include information indicating the cumulative number of single-family dwelling units, condominium/townhouse dwelling units, timeshare units, hotel units, office square footage, industrial square footage, and retail square footage that have been approved by the City and the County as of the date of the biennial Report, but in nn event shall mere than 50,000 square feet ef general light iRdustrial square footage, 25,000 square feet G te another use-. The following conversion matrix shall be used to allow land use conversions within the Proposed Development: Land Use Trade Off To Get General Light Industrial Single- Family Condo/ Townhouse Timeshare Hotel Office Shopping Center General Light Industrial 1,000 sf --- 1.40 du 2.42 du 2.57 units 1.70 rooms 579 sf 253 sf Single -Family 1 DU 715 sf --- 1.73 du 1.83 units 1.21 rooms 414 sf 181 sf Condo[Townhouse 1 DU 413 sf 0.58 du --- 1.06 units 0.70 rooms 239 sf 104 sf Hotel 1 RM 590 sf 0.82 du 1.43 du -- -- 341 sf 149 sf Timeshare 1 Unit 390 sf 0.55 du 0.94 du 1.51 units 0.66 rooms 226 sf 99 sf Office 1,000 sf 1,727 sf 2.42 du 4.19 du 4.43 units 2.93 rooms --- 437 sf Shopping Center 1,000 sf 1,000 sf 5.53 du 9.58 du 10.14 units 6.71 rooms 2,289 sf DRI Use 500,000 sf 3,001 Dwelling Units 310 rooms 174,105 sf 86,736 sf Minimum Use 300,000 sf 2,800 Dwelling Units 110 rooms 74,105 sf 16,736 sf Maximum Use 700,000 sf 3,200 Dwelling Units 510 rooms 374,105 sf 156,736 sf 52. Contracts shall be let within 18 months of the effective date this amended development order (April 20, 2004) to construct the following listed improvements (i and ii): Page 1 22 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike ke Thru is for deletions Signalization at St. Lucie West Boulevard and 1-95 West Ramps intersection; and, Extend the southbound right -turn lane, including the deceleration distance; to a location 600 feet back from the STOP bar for the southbound left -turn lane. This improvement is complete. 53. No building permits shall be issued for development that cumulatively generates more than the total PM peak -hour threshold trips or date threshold, whichever comes later, as indicated in Table 1, listed after Condition Number 61 until one of the listed alternative actions has occurred for each of the indicated improvements. Note: This condition is satisfied 54. As a minimum, the Developer shall pay a fair share contribution consistent with the road impact fee ordinance of St. Lucie County. 55. Beginning two years after the approval date of this Development Order (April 20, 2004) a PM peak -hour trip generation summary of approved development shall be provided to the County of St. Lucie on a biennial basis. 56. Commencing on December 20, 2008, and continuing every two years thereafter, the developer shall submit a biennial Status Report indicating the status (schedule) of guaranteed improvements. This biennial Status Report shall be submitted to the City of Port St. Lucie and St. Lucie County., FDOT TGRPG_ and the DEQ as part of the Devolnnmcnt The Biennial Status Report shall list all roadway improvements needed to be constructed, the guaranteed date of completion for the construction of each needed improvement, the party responsible for the guaranteed construction of each improvement, and the form of the binding commitment that guarantees construction of each improvement. Additionally, this report shall include the most recently provided trip generation summary as required under Condition 55 and any land use trade-off conversions that have occurred pursuant to Condition 51 of this Development Order since the execution of the Development Order. 57. No building permits shall be issued for development that cumulatively generates more than 3153 total PM peak -hour trips or after December 31, 2005, whichever occurs later, until the indicated improvement has been included within the first three years of the adopted Capital Improvements Program for either St. Lucie County or the City of Port St. Lucie, or until the indicated improvement has been included within the first three years of the Florida Department of Transportation's Adopted Work Program, or until contracts have been funded and let by for improvements to obtain the following roadway configuration listed below including the appropriate lane geometry at the intersections, signalization, lighting and associated improvements (i) i) Six -lane St. Lucie West Boulevard from Commerce Centerre Drive to Peacock Boulevard. This improvement includes the construction of a six -lane bridge over 1-95. ii) St. Lucie West Boulevard at 1-95 Southbound Ramps Eastbound Reserve Blvd Three through lanes turn lane Southbound 1-95 Southbound Off - Ramp Two left -turn lanes Resolution 2022-116 Single Underline is for additions Reserve DRI-NOPC Strike Thr„ is for deletions Westbound St. Lucie West Blvd Two Through lanes One right - Page 1 23 July 5, 2022 One right -turn lane iii) St. Lucie West Boulevard at 1-95 Northbound Ramps Eastbound St. Lucie West Blvd West Blvd Two left -turn lane Three through lanes Northbound 1-95 Northbound Off - Ramp One left -turn lane Two right -turn lanes Westbound St. Lucie Three through lanes One right -turn lane iv) 211 receiving lane for the 1-95 Northbound On Ramp to accommodate dual eastbound left turns at the 1-95 east ramps intersection. The Developer may provide for the construction of this improvement through a jointly funded undertaking among private and/or public entities and such construction and funding shall satisfy this condition provided it is the subject of a binding executed developer's agreement or contract. Note: This condition is satisfied (FDOT funded construction in 2022). 58. No building permits shall be issued for development that cumulatively generates more than 3153 total PM peak -hour trips or December 31, 2005, whichever occurs later, until an operational analysis of the Village Parkway/St. Lucie West Boulevard roundabout is conducted. This analysis shall be completed on a biennial basis and submitted to the City of Port St. Lucie and St. Lucie County with the biennial report. The operational analysis shall include monitoring of current safety and operational conditions and shall project operation conditions for a three-year period. The methodology of such an analysis shall be reviewed and approved by the City of Port St. Lucie and St. Lucie County. In the event that the overall operating conditions of the roundabout are projected to be below level of service "D" or safety deficiencies are identified, operational or geometric improvements shall be implemented to provide level of service "D" or better. The roundabout/intersection shall be improved as necessary up to and including the intersection geometry identified in (i) below which replaces the roundabout with a standard intersection. Building permits shall not be issued 24 months after a need for an improvement has been identified by the operational study or projected until contracts have been funded and let by the Developer for the identified improvements. Such improvements may include additional turn lanes, warranted signalization, pavement markings, signage, lighting, and associated improvements (i): i) Village Parkway Commerce Centre Drive and St. Lucie West Boulevard/Reserve Boulevard Northbound Village Parkway Eastbound Reserve Boulevard One left -turn lane One left -turn lane Two through lanes Two through lanes One right turn lane One right -turn lane Southbound Village Parkway Westbound St. Lucie West Blvd Two left -turn lanes Two left -turn lanes Two through lanes Two through lanes One right -turn lane One right - turn lane 59. The Developer shall conduct a signal warrant analysis at the following intersections beginning January 2008. The signal warrant analysis shall be continued on a biennial basis Page 1 24 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Stri.«T�'u is for deletions until all signals are warranted. a. Glades Cut-off Road and Village Parkwai Commerce Centre Drive b. Glades Cut-off Road and Reserve Boulevard The analyses shall be performed during the peak season and presented and approved by the City of Port St. Lucie and/or St. Lucie County, as applicable. The analysis may be limited to providing trafficvolume counts only when agreed to by eitherthe City of Port St. Lucie and/or St. Lucie County, as applicable. The signal warrant analysis shall project warrants for a one- year period. Additional certificates of occupancy shall not be issued nine months after the analysis showing a traffic signal is warranted until either (i or ii): i) Contracts have been funded and let by the Developer for the installation of the traffic signal and applicable intersection improvements including appropriate lane geometry, signalization, pavement markings, signage, lighting, and associated improvements; or, ii) Within sixty (60) days after a signal is warranted, a letter of credit equivalent to 120% of the design and construction costs of the applicable signal and intersection improvements shall be posted assuring that the applicable signal will be installed within 12 months after the signal is warranted. During the site plan approval process, a traffic study shall be submitted to St. Lucie County or the City of Port St. Lucie, as appropriate, to determine lane geometry for internal roadways and their intersections with collector or arterial streets. 60. Previous Condition 60 of R-04-081 was deleted in Resolution 09- 016. REASON: Improvements complete: 61. No building permits shall be issued for development that cumulatively generates more than the 3,867 total PM peak -hour trips or after December 31, 2010, whichever occurs later, until one of the listed alternative actions has occurred for one of the following indicated improvement groups (1, 2 or 3) at the intersection of Midway Road and Selvitz Road. 1) Add a second eastbound and a second westbound through lane; or 2) Add eastbound and westbound right -turn lanes; or 3) a. Add northbound and southbound left -turn lanes; and b. Add a southbound right -turn lane; or c. Add an eastbound right -turn lane. Alternative Actions: A. Contracts have been let to construct the indicated improvements; or, B. The indicated improvement has been included within the first three years of the adopted Capital Improvements Program for St. Lucie County or the City of Port St. Lucie, or the first three years of FDOTs adopted Work Program; or, C. An analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The analysis shall also identify the new improvement(s) and new trip and date thresholds when such improvement(s) will be needed. and the study Fesults shall be previded to thp TrP;;c;11rP Geast Regional Planning GeURGil Opportunity (DEQ). Prior to the redefined threshold being reached, the improvement shall Page 1 25 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike ThFu is for deletions be let for construction or shall be programmed for construction within the first three years of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County or FDOTs adopted Work Program; or, D. An applicable lower level of service has been adopted by the maintaining agency and an analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The analysis shall also identify the new improvement(s) and new trip and date thresholds when such improvement(s) will be needed. and the study results shall be provided to the TFeasure Geast Regional Planning GoURGM! (TGRPG) and the MOT f9F review and shall be approved by the Department of EGenGMiG Prior to the redefined threshold being reached, the improvement shall be let for construction or shall be programmed for construction within the first five years of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County or first three years of FDOT's adopted Work Program; or, E. The City of Port St. Lucie and/or St. Lucie County has adopted a long-term concurrency management system (CMS) and includes the indicated improvement(s) in the long-term CMS; or, F. A local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order. Note: This condition is satisfied. 62 St. Lucie County and the developer shall either amend existing impact fee agreement RIF 04- 002 or enter into an impact fee agreement, which in either form shall provide the developer credits against St. Lucie County Road Impact Fees on a dollar for dollar basis for transportation concurrency mitigation implemented pursuant to the Reserve DRI Development Order, including credits for: i) Proportionate share and fair share payments previously paid or payable in the future by the developer; and ii) Cost of transportation mitigation projects previously constructed or to be constructed by the developer. Transportation mitigation projects include all costs associated with a project, including design, permitting, right of way, construction and inspection costs to the extent applicable to a given mitigation project. It is also recognized that Condition 32(C) of the Verano DRI Development Order provides that Verano Development, LLC, the developer of the Verano DRI, has voluntarily agreed to prioritize and advance certain improvements to St. Lucie West Boulevard at the request of St. Lucie County. As such, any amendment to RIF 04-002 or new impact fee agreement addressed by this condition shall also provide the option for the Reserve to utilize impact fee credits resulting from Condition 32(C), subject to Verano Development, LLC, authorizing as a party, the impact fee agreement. The following Condition 32(C) from the Verano DRI Development Order is provided for reference. Verano DRI Condition 32(C). The Developer has voluntarily agreed to prioritize and advance the following mobility improvements ("Priority Improvements"), subject to the ability to obtain requisite permits: 1) Within 18 months from the effective date of this tenth amendment to Resolution 89-73 the Developer shall let contracts for the construction of the following improvements including the appropriate lane geometry, signalization, lighting, and associated improvements: Page 1 26 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Str kp T r is for deletions a. Dual eastbound left -turn lanes on St. Lucie West Boulevard at Peacock Boulevard; b. Including signal coordination between the 1-95 west ramp, 1-95 east ramp and Peacock intersection 2) Within 5 years from the effective date of this fifth amendment to Resolution 03-R68, or by 1,037 total P.M. peak hour trips, whichever occurs earlier, the Developer shall let contracts for construction the following improvements including the appropriate lane geometry, signalization. lighting and associated improvements: a. Construction of a second westbound lane on St. Lucie Boulevard from the 1-95 and St. Lucie West Boulevard northbound ramps to the St. Lucie West Boulevard WB to 1-95 SB ramp; and; b. Conversion of the Peacock Boulevard, southbound through lane to a shared through and right -turn lane. The Developer shall execute a binding agreement with the City of Port St. Lucie for the Priority Improvements, subject to permitting. The design, permitting, construction and inspection costs for the Priority Improvements shall be credited toward the $3,595,076.00 proportionate share contribution as set forth in Condition 32B, including credits for design and permitting costs for any Priority Improvement component that is not permitted. The binding agreement shall specify options for how any balance of the $3,595,076 proportionate share that is not expended on the Priority Improvements ("Remaining Proportionate Share") shall be applied to achieve a mobility improvement to St. Lucie West Boulevard, which shall be prioritized in the following order: a. Utilizing the Remaining Proportionate Share, in conjunction with sufficient funding from other sources, including FDOT, to widen St. Lucie West Boulevard to fourlanes through all or part of the segment between the east end of St. Lucie West Overpass and Peacock Boulevard and/or to construct additional improvements to the St, Lucie West/Peacock Boulevard intersection; or b. Utilizing the Remaining Proportionate Share to construct improvements to St. Lucie West Boulevard within one mile to the east of the bridge. The above options in Condition 32(C)3.a. and b. shall be credited in the same manner as described for the Priority Improvements. The developer and City, in consultation with St. Lucie County, also have the option to execute a binding agreement to implement only Condition 32(C)1 rather than Condition 32(C)2 and utilize the Remaining Proportionate Share, in conjunction with funding from FDOT or any other available funding source, to expedite all or a part of the improvements described in Condition 32(C)3.a. If this option is utilized, the Remaining Proportionate Share payment would be due within 5 years from the effective date of this fifth amendment to Resolution 03-R68, or by 1,037 total P.M. peak hour trips, whichever occurs earlier. Implementation of Condition 32(C) shall fully satisfy mitigation requirements for impacts to St. Lucie West Boulevard. One year after Phase 1 improvements (1.a and 1.b) are completed the developer shall conduct an analysis of St. Lucie West Boulevard between the southbound off ramp and Peacock Boulevard. If said analysis indicates operational improvements are warranted then developer shall coordinate a meeting with FDOT, City of Port St. Lucie, St. Lucie County and the TPO with the goal of advancing any of the improvements specified in the condition or otherwise agreed to in a binding agreement provided that governmental funding sources are sufficient to match the developer's contribution at no less than 60% toward the selected improvements. In no case shall this condition be construed to require the developer to Page 1 27 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strik e ��QTV ru is for deletions contribute funding and improvements that collectively exceed a value of $3,595.076. Note: This condition is satisfied. ——._..__ Table I Condit€an tmprovement'Lane £ernat€ve chaps Location F Satisfied Addition A B C D E C� Threshold kaczxti on ---�mPrvvenient I —� rota( PM Trips Date 3,153 12,31;05 West >ecnn eft turn line S Lucie vest Boulevard astbor€t d t LucieYES I Extend dual left -turn lanes1111rest and N'av Peacock. Boulevard Bvuie yard at Feast 610 feet S Lucie West Boulevard and Second left-4urn lane Snuthbound N' '�' Peacock YES 3,153 12131i05 N ' Peacock Bo l vard Boulevard Glades Cut -Off Read and #4arn estbound Comerc-e YES 3,963 12131I07 Commerce Ge Center Par€.,=,ar One e (€gh?-ttlln taz€e .enter Park„,ay YES �� 3,963 12£31107 r<1'est fah Asa°f Road and 25€h Right-tum lanes Southbou€ld 25th Street - - - Street YES 3,963 12,'31f©T ',Nest Mid ray Road and 2501 Extend left -tiro lane to Easshttund West v'idwai Il Sti ee 590 feet- including taper N o:fhbound and YES 3,963 12131107 iE Ss Luc West Boulevard Second through lanes Southbound anc Califo is Boulevard alttu pia Boulevard( YES 3,3fi3 12{31I07 5t lnc€e S `est B€�ulevard and One througlcleft-turn lane Southtouno Bethany Drive Bethany Cafive ;+est Midway Roe n a (rest(( M0,11 Separate Easthound and Westbo€t i _._.Y...E._S._.. ..._.1i ,896 .._. ......._. 121P12 .__.___ SevtzRoad , ....._......._._... Iftun Ian .. .. ........._......._.. .. ...._..nd eSt t4fvand........_. .._. ._. ,�.... ... ......... €...........1 U.C. — Under Construction ALTERNATIVE ACTIONS A) Contracts have been let for improvements to obtain the indicated improvement(s). B) The indicated improvement has been included within the first three years of the adopted Capital Improvements Program for either St. Lucie County or the City of Port St. Lucie or the first three years of FDOT's adopted Work Program. C) An analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The analysis shall also identify the new improvement(s) and a new trip threshold when such improvement(s) will be needed. The methodology for such analysis and the study results shall be provided to the Treasure Coast Regional Planning Council (TCRPC) and the FDOT for review and shall be approved by the Economic Opportunity (DEO). Prior to the redefined threshold being reached, the improvement shall be let for construction or shall be programmed for construction within the first five years of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County. D) An applicable lower level of service standard has been adopted by the maintaining agency and an analysis that demonstrates the indicated improvement(s) are not needed has been conducted. The analysis shall also identify the new improvement(s) and a new trip threshold when such improvements will be needed. the -DEQ. Prior to the redefined threshold being reached, the improvement shall be let for construction or shall be programmed within the first five years of the City of Port St. Lucie's or St. Lucie County's Capital Improvements Program. E) The City of Port St. Lucie and/or St. Lucie County has adopted a long-term concurrency management system (CMS) and includes the indicated improvement(s) in the long-term CMS. F) A local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order. BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Page 1 28 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike Thru is for deletions B. The legal description for the property under this amended Development of Regional Impact Application for Development Approval is as follows: This Description Does Not Depict Lines of Ownership A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27, 28, 34 And 35, Township 36 South, 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' 2611 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°46'0711 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. 0. 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. 0. Team Industrial Park Unit One the Following Courses and Distances: North 45013' 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°45'5811 East along Said Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 45'13' 5311 East, 510.04 Feet; Thence South 63'39'5911 East, 158.11 Feet to the Point of Intersection with the Easterly Line of a Florida Power and Light Easement as Recorded in Deed Book 198, Page 1040, Public Records of St. Lucie County, Florida. Thence South 44°45'58" West, along Said Westerly Line of Said Plat of G. 0, Team Industrial Park -Unit One and its Northerly Prolongation and the Easterly Line of Said Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South 89°29'01" East, a Distance of 574.47 Feet to the Point of Intersection with the East Line of Said Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four, as Recorded in Plat Book 16, Page 23, Public Records of St. Lucie County, Florida; Thence South 89029'0111 East, along the Northerly Line of Said Plat of Port St. Lucie Section Forty Four, a Distance of 112.97 Feet to the Westerly Line of a Florida Power and Light Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie County, Florida; Thence South 00021'26' 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°23'1611 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 Page 1 29 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike ThFu is for deletions Easement, Recorded in Official Records Book 97, Page 504, Public Records of St. Lucie County, Florida; Thence South 00°00'1511 West, along the Westerly Line of Said Florida Power and Light Easement, a Distance of 5305.53 Feet to the Point of Intersection with the North Line of Said section 26; Thence South 00'00'0211 East along the Westerly Line of a Florida Power and Light Easement Recorded in Official Records Book 120, Page 199, Public Records of St. Lucie County, Florida, a Distance of 2,898.15 to the Point of Intersection with the Proposed Westerly Right-of-way Line of the Proposed 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 47°50' 57" East with a Radius of 600.50 Feet; Thence Southwesterly along the Arc of Said Curve, a Distance of 176.71 Feet, Through a Central Angle of 16' 15'37; Thence South 59°00'40" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 621.42 Feet; Thence Southwesterly along the Arc of Said Curve, a Distance of 416.77 Feet Through a Central Angle of 38°25'38"; Thence South 20035'02" 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 191111; Thence South 85°54 '13 "West, 388.39 Feet; Thence South 05°58'06" East, 64.11 Feet; Thence South 89'54'13" West, 300.01 Feet; Thence South 00°05'47" East, 140.00 South 05°46'23" West, 64.11 Feet; Thence South 86°05'47" East, 960.95 Feet to a Point of Curvature of a Curve Concave to the Southwest Having a Radius of 600.50 Feet; Thence Southeasterly along the Arc of said Curve a Distance of 626.00 Feet Through a Central Angle of 59°43'45", to a Point of Compound Curvature of a Curve Concave to the Southwest, Having a Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Said Curve, a Distance of60.04 Feet Through a Central Angle of 02039'2311 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°35'2911 East, 1849.11 Feet; Thence South 06'37'2211 West, 631.95 Feet; Thence South 12°26'0711 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°43'16H West, a Distance of 1216.31 Feet; Thence North 40°04'45H West, a Distance of 95.12 Feet; Thence North 44°07'10" West, a Distance of 365.54 Feet; Thence North 44°39'44" West, a Distance of 213.66 Feet; Thence North 48-38-45" West, a Distance of 475.89 Feet; Thence South 61°51'31" West, a Distance of 188.61 Feet; Thence North 66°42'00" West, a Distance of 79.81 Feet; Thence North 43°42'56" West, a Distance of 2428.68 Feet; Thence North 44°56'04" West, a Distance of 1054.01 Feet; Thence North 44°47'33" West, a Distance of 636.86 Feet to a Point of Intersection with the Easterly prolongation of the Southerly Line of the Plat of Sabal Creek Phase IV, recorded in Plat Book 34, Pages 17 and 17A, Public Records of Said St. Lucie County; Thence North 43°08'40" West along Said Easterly prolongation and Said Southerly Page 130 Resolution 2022-116 Single Underline is for additions Jufy 5, 2022 Reserve DRI-NOPC C4Foke TL ru is for deletions Line, a Distance of 1026.67 Feet; Thence North 43°34'56H West along Said Southerly Line and the Southerly Line of the Plat of Sabal Creek Phase II, recorded in Plat Book 24, Pages 1, 1A thru 1 C, Public Records of Said St. Lucie County and the Westerly prolongationof Said Southerly Line, a Distance of 5393.03 Feet to the Point of Intersection with the Easterly Right- of-way Line of the Florida East Coast Railway; Thence North 44°45'38" East, along the Easterly Right-of-way Line of the Florida East Coast Railway, a Distance of 8,141.46 Feet to the Point of Intersection With The West Line of Said Section 15; Thence South 00036,3411 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. St. Lucie County/the City of Port St. Lucie shall monitor the development of the project to ensure compliance with this Development Order. The St. Lucie County Planning and Development Services Director and/or the City of Port St. Lucie City Planner, as appropriate, shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Growth Management Director/City Planner may require periodic reports of the developer with regard to any item set forth in this Development Order. D. The developer shall make a biennial report as required by Section 380.06(18), Florida Statutes. The biennial report shall be submitted beginning on December 20, 2008, and then every other year on the anniversary date of the adoption, of Resolution 89-73, or the earlier date if two separate orders are adopted, of this amended Development Order and shall include the following.- 1. 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 period and for the next reporting period; A summary comparison of development activity proposed and actually conducted for the reporting period; 3. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; 4. Identification and intended use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; 5. 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; 6. Any request for a substantial deviation determination that was filed in the reporting period or is anticipated to be filed during the next reporting period; 7. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; Page 1 31 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC C4riL�FTL ri , is for deletions 8. A list of significant local, State, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; The biennial report shall be transmitted to St. Lucie County, the City of Port St. Lucie. the the FleFida Department ef Natural ReseuFGeG, the SE)--,th Florida kAiater Management DiStFiGt, appropriate eF Fequired by law:. 10. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the developer pursuant to Subsection 380.06(4-5 4), Florida Statutes; and 11. Any other information requested by the Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie or the St. Lucie County Planning and Development Services Director/Port St. Lucie City Planner to be included in the biennial report. E. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. 1. St. Lucie County hereby agrees that prior to MaFGh 14 202- 1 January 27, 2023, The Reserve Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the County/City, as appropriate, demonstrates that substantial changes in the conditions underlying the approval of the amended Development Order have occurred, or that the amended Development Order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by St. Lucie County/the City of Port St. Lucie to be essential to the public health, safety, or welfare. 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 as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this amended Development Order. G. 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 all other applicable local, State, and federal permitting requirements. H. In the event that any portion or section of this amended Development Order is deemed to be invalid, illegal, or unconstitutional by a 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. I. This amended Development Order shall become effective upon adoption. J. A copy of this Resolution shall be mailed to the Reserve POA. GeFtified GE)Pies of this amended - Page 1 32 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Stroke T ru is for deletions ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 5t' day of July 2022. ATTEST: DEPUTY CLERK � o Y ccM�'�r Z m do TY, FLOtI�Ot BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 6Z. P. CHAIR APPROVED AS TO FORM AND CORRECTNESS: M Page 1 33 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC Strike Thru is for deletions EXHIBIT A SANDHILL CRANE NESTING MANAGEMENT PLAN The developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes. These areas are depicted on Map H. Other areas may be defined by the developer as Sandhill Crane nesting sites, including areas designated as mitigation or restoration areas, to reflect documented nesting activity or frequency of use with the approval of the Florida Game and Fresh Water Fish Commission. Wetlands providing nesting site habitat shall meet the following criteria: Located within 1/2 mile of a known nest site. Minimum wetland depressional radius of 100 feet with ordinary high-water elevations of 2-3 feet, ordinary low water elevations of 0.5-2 feet and dominated by wetland grasses and forbs (little or no woody vegetation) Minimum managed upland perimeter buffer of 100 feet from jurisdictional wetland limits, managed as open native wetland transition or uplands foraging habitat - This area shall have no more than 20% shrubby understory 3.0 feet or less in height, no forest canopy, and characterized by grassy ground cover. A visual screen of native vegetation planted or naturally occurring, at least 5 feet in height and at least 20 feet in width to provide a visual barrier to surrounding human disturbances including residential home sites. Where golf course fairways or lakes are adjacent to the nest site wetland, the managed upland perimeter may be reduced to 50 feet in width and the visual screen eliminated provided the width of the fairway or lake is at least 150 feet. The upland perimeters and buffers may be modified as appropriate to accommodate landscape design or sound environmental planning, so long as the proposed plan will not significantly reduce the area of the wetland nesting depressional, transitional wetland, or upland foraging habitat; and so long as no construction occurs within 300 feet of the designated "center" of the proposed nesting site. Management of the non -golf course portions of the buffers and wetlands shall be pursuant to recommendations developed in consultation with the Florida Game and Fresh Water Fish Commission. During the months of December 1 to April 30, no construction within 300 feet of preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane nests. In the event that active nests are found, construction shall not occur until July or 90 days after the eggs hatch whichever comes first. Page 1 34 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC St ke Thr a TL r is for deletions EXHIBIT B MASTER PLAN FOR THE RESERVE (MAPS ON FILE WITH THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT) PIE.... �� 9Ltbr[�or.lX."Wr � j� PU �W _,L— k �M \< a, -PU,, Tiff etesiwca t�ttt Map H Page 1 35 Resolution 2022-116 Single Underline is for additions July 5, 2022 Reserve DRI-NOPC StrikeThruis for deletions EXHIBIT C UPLAND HABITAT PRESERVE AREAS FOR THE RESERVE JANUARY 17, 2007 (MAPS ON FILE WITH THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT) .............. __ ...._ Draft Document Not for Per sting Resolution 2022-116 Single Underline is for additions Page 1 36 Reserve DRI-NOPC Strike T is for deletions July 5, 2022