HomeMy WebLinkAboutAgenda Packet 10-24-06 Special Meeting
October 24, 2006
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING AGENDA
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GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted
at today's Board meeting:
CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually usually in the order listed on the agenda.
PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00
A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are
intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing
and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you
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NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the
conclusion of the printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit
comments to five minutes.
DECORUM - Please be respectful of others opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00
P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County
Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The
Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice
is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a
disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
--
BOARD OF COUNTY COMMISSIONERS
www.co.st-Iucie.fl.us
Doug Coward, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Paula A. Lewis
Frannie Hutchinson
District No.2
District No.5
District No. 1
District No.3
District No.4
October 24, 2006
6:00 P.M.
Invocation
Pledge of Allegiance
1. r.
~ea
i\~\JG 0
PUBLIC HEARINGS
GROWTH MANAGEMENT~ Ct11~ nlA~-h J1C€M~r IIIJ(jJ~ 4-+ &POJI or ú ~ Sáj,L~(}t-tcj7lz.l-q5
Request to rescind or amend Resolution No. 04-081, Notice of Proposed Change amended (iJ:£h~
Development Order (seventh amendment) for The Reserve Development of Regional Impact, C
developer: Kolter - Consider staff recommendation to amend Resolution No. 04-081 by adopting in its
place Resolution No. 06-316, and render both resolutions simultaneously to the Florida Department of
Community Affairs and all other statutorily mandated agencies.
END OF PUBLIC HEARINGS
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the
Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any
party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
To:
Submitted By:
Agenda Request
Item Number
Date:
I
1 0/24/06
Consent [ ]
Regular [ ]
Public [ ]
Presentation
Leg. [ ] Quasi-JD [X
Board of County Commissioners
Presented By
í?cr? 4/~
Growth Management Director
Request to rescind or amend Resolution 04-081, Notice of Proposed Change amended
Development Order (seventh amendment) for The Reserve Development of Regional
Impact, developer: Kolter.
Growth Management
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
On February 21, 2006, the Board of County Commissioners voted to find The Reserve
Development of Regional Impact not in compliance with its Development Order due to the
lack of preservation of the minimum required amount of upland habitat area. Following
that determination, the county staff and representatives of the developer repeatedly met to
resolve the upland habitat protection issues. To date those issues have not been
resolved. The developer, Kolter, has filed a petition for a writ of mandamus to compel the
county to render Resolution Number 04-081 to the various state reviewing agencies.
Resolution Number 04-081 contains the statement that the county finds that the developer
"has preserved" the required upland habitat area, contrary to our determinations to date.
The Treasure Coast Regional Planning Council raised the following additional isues:
Maintaining the requirement for four two acre free play areas; transportation issues; and
recently preservation of wetlands and adjacent upland habitat for listed species. In
addition, the Treasure Coast Regional Planning Council has provided county staff with
recommended changes to the Development Order. A copy of the recommended changes
from the Regional Planning Council is attached for your convenience.
At the direction of the Board, the County Attorney has prepared for Board consideration a
revised Development Order for the Reserve that incorporates the changes recommended
by the Treasure Coast Regional Planning Council. Staff has reviewed the revisions, and
concurs with them.
N/A.
Regular Board meeting August 15, 2006, Board accepted staff recommendation to
schedule a hearing to either rescind or amend Resolution 04-081, seventh amendment
to the Development of Regional Impact Development Order for The Reserve.
The public hearing was advertised in the Tribune on September 18, 2006. Individual
notices were mailed to property owners in The Reserve. In addition, the Growth
Management Director sent an individual notice to Kolter on September 8, 2006.
An error occurred on the public hearing advertisement on September 18, 2006 and was
re-advertised in the Tribune and Port St. Lucie News on October 8, 2006. Individual
notices were re-mailed to property owners in The Reserve. The entrance to The
Reserve was posted. Kolter Properties representatives were sent a mailed notice on
October 11 , 2006.
RECOMMENDATION:
Amend Resolution 04-081 by adopting in its place Resolution 06-316, and render both
resolutions simultaneously to the Florida Department of Community Affairs and all other
statutorily mandated agencies.
COMMISSION ACTION:
C!J APPROVED c=J DENIED
CJ OTHFR
Approved 4-1
(Comm. Smith No) Motion to
continue to 12/11/06 at
6:00p.m. or as soon k
the'eafte' as possible.
County Attorney
Originating Dept.: ~
Finance:
ENCE:
D glas M. Anderson
ounty Administrator
Coordination/ Signatures
Mgt. & Budget: +h:-itt-- ,....-y} V\) Purchasing:
Other: ~UJ Other:
(insert file ref)
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Bob Nix, Growth Management Director
Daniel S. McIntyre, County Attorney
Vanessa Bessey, Environmental Resources Director
C.A. NO.:
06-1580
DATE:
September 27, 2006
SUBJECT:
Reserve DRI - Public Hearing
*************************************************************************************
BACKGROUND:
On August 15, 2006, the Board met and discussed the Reserve DRr Compliance Report, a
copy of which is attached to this memorandum. The Boord voted 5-0 to approve the five items
recommended by staff. One of the items approved was the scheduling of a public hearing on
October 3, 2006 to consider rescinding or amending Resolution No. 04-081.
Since the August 15 Board meeting, staff has continued discussions with Kolter
regarding compliance issues. In this regard, a letter dated September 22, 2006 to H. William
Perry, Esq. is attached. To date, the County has not received a conservation easement on the
"woodpecker" parcel or on the common area sites. The County did receive a copy of a lawsuit
filed by Kolter .against the County ("Emergency Petition for Writ of Mandamus"). The lawsuit
requests the Court to issue a writ of mandamus to compel the County to render Resolution No.
04-081 to the Department of Community Affairs. The Court issued an Order to Show Cause on
September 26, 2006 requiring the County to respond to the Petition.
The County also received a list of recommendations for amending Resolution No. 04-081
for the Reserve DRI from Treasure Coast Regional Planning Council (RPC) Executive Director
Michael Busha. A copy of these recommendations are attached. County staff has prepared
draft Resolution No. 06-316 in an attempt to address the RPC recommendations.
Kolter has provided staff with a copy of the transcript of the April 20,2004 public
hearing. The copy is attached to this memorandum. The underlining is provided by Kolter.
Kolter also provided a copy of the January 12, 2004 memorandum from Mr. Murphy.
The public hearing was advertised in the Tribune on September 18, 2006. Individual
notices were mailed to all property owners in the Reserve. In addition, the Growth Management
Director sent an individual notice to Kolter on September 8, 2006.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board adopt Resolution No. 06-316 and authorize the
Chairman to sign the Resolution. Staff also recommends that the Board direct the Growth
Management Director to render Resolution No. 06-316 and Resolution No. 04-081 to the
Department of Community Affairs with copies to the Treasure Coast Regional Planning Council.
Respectfully submitted,
------- - .~
_--.·····--1 r- (î ...~
-
~BobNiX
r U Growth Management Director.
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Attachments
,;2))
COMMISSION REVIEW: (AUGU ST 11, 2006)
GROWTH MANAGEMENT DEPARTMENT
MEMORANDUM
. TO:
Board of County Commissioners
FROM:
Bob Nix, Daniel S. Mcintyre, Vanessa Bessey
DATE:
SUBJECT:
August 15, 2006
Reserve DRI Compliance Report
The County Attorney and staff have held weekly meetings for some time with representatives of Kolter
Properties and their legal advisers. While the discussions indicate a willingness on the part of Kolter to
make progress toward a resolution of the DRI compliance issues in The Reserve (a/k/a PGA Village),
Kolter has not aSsented to a step-by-step procedure that would bring the issues before the Board of
County Commissioners for discussion and potential approval as each issue is resolved.
In our latest meeting on Wednesday, August 9, 2006, staff insisted once again to Kolter that it is essential
to bring at least some of the issues before the Board of County Commissioners for pUblic discussion and
Board input, or potential approval, in order to make meaningful progress toward a resolution of the
compliance problems. The Kolter representatives stated that they would once again consider this
approach. Their attorney has up to this point consistently suggested that the issues should be resolved in
a single comprehensive settlement agreement. Staff initially attempted a comprehensive agreement, but
that has proved elusive.
Here are the issues that County staff believes need resolution:
1. Regional Planning Council Issue 1: Traffic impact monitoring and modeling. Kolter and the
Regional Planning Council staff indicated that at one point they arrived at language that will resolve this
issue. We do not know Kolter's position on that point now. However, Kolter's representatives have
recently insisted on transmittal of the 2004 Notice of Proposed Change (NOPC) ordinance to the Florida
Department of Community Affairs for review. That NOPC does not include the language regarding
transportation that the Treasure Coast Regional Planning Council desires. It is our understanding that the
desired language would have to be incorporated into The Reserve DRI Development Order by a NOPC
approved by the state.
2. Regional Planning Council issue 2: A minimum of four free play areas for children are to be located
in areas around the development where they are easily accessible by children in each neighborhood.
Each free play area is to'be at least two acres. Based on a letter and verbal communications from the
regional planning council staff, one additional free play area is required to address this issue. A site plan
settling the issue should be attached to a development agreement to which the regional planning council
is a party. It is not clear that a change to the DRI Development Order is necessary.
3. Upland habitat preservation, County issue:
County staff has identified an estimated shortage in upland habitat preserved of 259.98 acres.
We have negotiated with Kolter representatives regarding potential reduction of the habitat preservation
shortage through means consistent with the development order and the comprehensive plan. Exhibit C
does not demonstrate preservation of upland habitat areas, only the existence of the appropriate amount
of the required areas on the site.
Kolter has consistently promised to place conservation easements overthe former Red Cockaded
Woodpecker habitat area, and the area formerly discussed as a location for South Dreams Park. The
total land area proposed to be placed in conservation easements is not clear, but is presumed to be in the
vicinity of 100 acres, more or less. Kolter has been advised by County staff to take the easements to the
Board of County Commissioners for discussion and approva', and to then record the approved
easements. This would eliminate a substantial portion of the shortage of habitat preservation area. An
issue with the conservation easement language proposed by Kolter's representatives is that the
easements are not in favor of the county or a land trust, jointly with others or individually. County staff
believes that the easements should include the county or a recognized conservation land trust as
grantees. .
Staff and Kolter have explored areas where conservation lands may have been under reported by
the study that showed the original 490 acres, m.o.I., of upland habitat. Kolter representatives report that
they may be able to provide some additional upland habitat in common areas that are not accounted for in
the original study. However, this is a relatively new development, and Kolter has not yet presented the
staff with the accounting necessary to identify the location and amount of additional habitat available in
commonly owned areas of the development.
Kolter representatives have insisted that the County render the 2004 Notice of Proposed Change,
Resolution No. 04-081, which would allow offsite mitigation in the City of Port 51. Lucie. If the NOPC is
approved to be transmitted to the state as part of a settlement, Kolter may be permitted to mitigate loss of
upland habitat off site by preserving lands in the city. The right to offsite mitigation applies only to loss of
habitat in the portion of the site that is located within the incorporated area of the City of Port 51. Lucie.
There are multiple problems with accepting Kolter's insistence on submitting the 2004 NOPC.
Resolution No. 04-081. One problem is that it is clear that the Regional Planning Council did not review
and approve the NOPC as stated in the resolution. Another problem is that on page 14, item 15. the
amended language states, 'The developer has preserved a minimum of (490 acres) of native upland
habitat in accordance with the 5t. Lucie County 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, which is to be kept on file with the 51. Lucie County Community Development
Director." If this language is transmitted for approval without a simultaneous request to the state to issue
a notice of violation, it renders moot all of the efforts regarding upland habitat preservation since 2005.
Staff does not recommend rendering Resolution 04-081 to the state for approval. Instead, staff
recommends an amended development order that embodies the conclusion of the compliance discussion
with Kolter.
Staff recommends the following actions:
1. Direct staff to send a letter to Kolter indicating that the County expects Kolter to completely
resolve all of the compliance issues outlined in the memorandum on or before September 22,
2006.
2. Direct Staff to advertise a public hearing on October 3, 2006 at 6:00 pm or as soon thereafter as
the item may be heard to consider rescinding or amending Resolution No. 04-081.
3. Direct the County Attorney to begin preparing the necessary legal documents to initiate legal
action against Kolter in the event compliance is not achieved by September 22,2006.
4. Direct the Growth Management Director to draft a letter to the State of Florida, Department of
Community Affairs (DCA) requesting that DCA issue a notice of violation to Kolter and to transmit
the letter request to the Florida DCA on September 23, 2006 if Kolter fails to comply.
5. Direct the Growth Management Director to contact the DCA and request the DCA to
provide the County with technical assistance concerning the potential violation.
In order to prevent conservation/preservation land issues in the future, staff is enforcing the comprehensive
plan policies that are now in effect. Comprehensive plan consistency requirements apply to both new and
revised development orders. The Conservation Element provides that conservation and open space habitat
preservation areas must be under single ownership of a homeowners association or other third party that is
responsible for maintenance of the preserved areas. This prohibits "micrositing".
Future improvements include: 1) monitoring and modeling requirements will be proposed in Development of
Regional Impact Development Orders; 2) Staff will receive and review biennial DRI progress reports, as
required by law. In reviewing these reports, staff will examine time series aerial photography from the Property
Appraiser's Office in an effort to detect significant on-site change that may not comply with development
orders.
Respectfully submitted,
3rt #-?£-
Bob Nix, AICP
Growth Management Director
RN/cb
Copy to:
Daniel S. Mcintyre, County Attorney
Vanessa Bessey, Environmental Resources Director
G/Arty/draft progress report Aug 10 2006.doc
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,.........
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LEWIS, LONGMAN & WALKER, P.A.
",r10RNfV5 AT LAW
Reply to: West Palm Beach
September 22, 2006
H. Willi am Perry, Esq.
Gunster, Yoakley & Stewart, P.A.
777 South Flagler Dri ve, Suite 500 East
West Palm Beach, Florida 33401-6194
Re: The Reserve DRI Compliance Issues
Dear Bill:
Please let this letter confiI1l1 our conversation on Tuesday regarding compliance issues
between St. Lucie County and Reserve Homes, Ltd. and Kolter Property Co. and possible
resolution of all pending issues related to preservation of native upland habitat within the
Reserve. The following is intended to encapsulate the County staff's position regarding each of
the compliance issues discussed. Any proposal contained herein is offered for purposes of
settlement and subject to County Commission approval.
The County can accept the preservation of 97.22 acres of native upland within the
jurisdiction of the City of Port St. Lucie upon being furnished with proof of the same in the form
of a fully executed and recorded deed restriction or conservation easement which has been
executed in the City's favor and which has been accepted by the City pursuant to their separate
Development Order for The Reserve.
You will also provide the County with a deed restriction preserving the upland habitat on
the property known as the Commerce Center Property, and will advise the County on the
potential conversion of residential lots to industrial land, and ultimately the preservation of
native upland habitat within the Maidstone area of The Reserve. Included within this proposal
you will need to provide the County with a calculation of acreage to be set aside and a time table
for doing so.
.,.~----~'.-"~-- ...
_ _ ..__._._.u._ ....~___.._ __.._n_.....___·_·_...
--...--......
Helping Shape Florida's Futuree
BRADENTON
1001 Th"d Avenue West
51J1te 670
Br.denton. Floroda 3420~
P 1941-708-4040 . 11941.708.4024
JACKSONVILLE
245 Ri~erside Avenue
SUite I SO
J acosonville. Florid. 32202
p !904.35J-b410' f 1'I04-3S3-7b19
TALLAHASSEE
PO. Box 10788 (32302)
125 South G.d.døn Slreet. Su;t~ .100
Tallan..,eø. Florida 32301
P I 850.222.5702 . f I 850-224-9242
WEST PALM BEACH
\ 700 P.lm Beach L.ke, Blvd.
Su't. 1000
West P.lm Beach. Floroda 33401
pi 561-640-0820 . f! 5ó1-640.8202
www.llw·law.com
H. William Perry, Esq.
Gunster, Yoaldey & Stewart, P.A.
September 22, 2006
PaQ.e 2
The County has agreed to try and work out the preservation of native upland issues on the
PGA Village property through separate negotiations with PGA. However, the amount of acreage
which may be credited on the PGA Village property toward the 490 total acres of pre~erved
native upland habitat in The Reserve are indeterminate at this time. As such, final resolutIon of
this issue must occur only upon the successful conclusion of the County's negotiations with
PGA. However, during the period of negotiation and development of agreement with PGA. the
County would not initiate litigation or enforcement actions against Kolter.
Kolter will immediately furnish the County with a fully executed deed restriction for the
15.19 acres known as the Red Cockaded Woodpecker habitat area, and a deed restriction or other
evidence of preservation (through previous instruments) of the 13.2 acres previously dedicated as
"common space" within The Reserve.
With regard to the Cook Parcel. you have indicated that the property is limited to a single
unit, and that you felt confident that the remaining 22 acres of that property could be preserved
and deed restricted. Based on prior correspondence. County staff has concerns about including
this parcel. The County will require some greater explanation regarding how this wi1l be
accomplished. Please provide the legal instruments that secure 22 acres of nati ve upland habitat
preservation in perpetuity.
We also discussed the 11 acres of upland habitat mitigation left over from the Verano
development adjacent to The Reserve. As we have already discussed regarding other elements
of our negotiations. the County does not permit off-site mitigation for upland habitat. If the
Verano acreage is truly "left over" and contiguous to The Reserve, it may become necessary to
amend the Development Order Boundary to encompass that acreage before it can be included in
the 490 acre total. .
Finally, as discussed, in connection with all of these potential sources of upland habitat
preservation. you have agreed to furnish the County with a revised Map "C" to the DRI
providing a parcel-by-parcel and lot-by-lot accounting of all currently preserved habitat within
The Reserve and all proposed preserved habitat which would be counted toward the minimum
490 acre total in the Development Order. This map should also provide· a clear reflection of
microsited acreage and should cite to the specific deed restrictions applicable to each site.
As you are no doubt aware, the Board of County Commissioners has scheduled a hearing
to determine whether to rescind or amend Resolution 04-081 amending the County's
Development Order for The Reserve based upon your client's continued non-compliance. It is
our hope that resolution of the items listed below can lead to a final resolution of this matter.
H. William Perry, Esq.
Gunster, Yoakley & Stewart, P.A.
September 22, 2006
Pa I!e 3.
Please note that this letter has been drafted based on staff decisions for the purpose of
attempting to develop a framework that would lead to resolution of the upland preserve issues
and has not been reviewed or approved by the Board of County Commissioners.
Please provide your client's position regarding each of these items, and furnish the
County with the requested infonnation, maps and easements discussed above so that we may
work to reach closure on this issue prior to the October 3, 2006 hearing. If you have any
questions regarding any of these items, please do not hesitate to contact me at your earliest
convenience.
Very truly yours,
~~
Terry E. Lewis, Esq.
cc; Dan McIntyre, County Attorney
Andrew J. Baumann, Esq.
IÔiD~r~Eñ.¡Y;¡;~~TEi,B.~~£.:::==:==:~===:==·::::=-===='::=,]~º~II
From: "Michael Busha" <mbusha@tcrpc.org>
To: "Daniel Mcintyre" <DANM@stlucieco.gov>, '''Terry Lewis'" <tlewis@llw-law.com>.
<nixr@stlucieco.gov>, <smorton@kolter.com>
Date: 9/22120064:27:05 PM
Subject: The Reserve
Please see attached.
Dan,
Following is a list of recommendations for amending Resolution #04-081 for the Reserve
DR!:
1. It is very important that the Amended Resolution include a detailed Master Plan, so
the project can be properly monitored. Resolution #98-100 had a reasonably
complete Master Plan or Map H. The Master Plan provided in the latest NOPC
lacked details and is unacceptable. The updated Master Plan (Map H) for Resolution
04-081, approving the seventh amendment to the Reserve DRI, should be con~istent
in style, form and detail with the Master Plan attached to Resolution #98·100
approving the sixth amendment to the Reserve DR!. Preserved uplands, wetlands and
required buffers should be clearly depicted on Map H. Preferably Council would like
to see the Map H from Resolution #98-100 updated and included in the amended
Development Order.
2. Condition 46 contained in Resolution #04-081 should continue to state that the eight
acres of land should be ..." in four parcels no less than two acres each in size" ...
3. Condition 15 contained in Resolution #04-081 should be restored to its original form-
as stated in Resolution #98-100. Council understands some modification may be
required by the County to assure that the 490 acr.es are preserved consistent with the
intent of this original condition. .
4. The following conditions should be added to the amended Development Order:
A. Wetlands 33 and 65 have been eliminated in violation of Development Order
Condition 7a. No further building permits shall be issued until the wetlands have
been replaced to the satisfaction of 31. Lucie County and the Treasure Coast
Regional Planning Council. Wetland reestablishment shall be provided on-site
and shall not result in the elimination of natural upland habitat. The wetlands
shall be replaced in similar size, species composition, function and value.
Documentation of approval that the developer has completed the requirements of
the condition shall be rendered in writing by 3t. Lucie County and the Treasure
Coast Regional Planning Council.
B. Commencing in January of 2006 and continuing every year thereafter, the
developer shall undertake an annual monitoring program for Commerce Center
Parkway between Reserve Boulevard and Glades Cut·Off Road. This annual
monitoring program shall include two-day (Tuesday through Thursday), twenty-
four hour (hourly recording) traffic counts performed during the months of
January through March. The developer shall submit a l~tter/report presenting the
following information: location of traffic counter, 24-hour traffic volumes, peak
hour directional volumes, adopted level of service, adopted service volumes for
the adopted level of service, and existing level of service. At such time as
existing traffic volumes exceed adopted the service volumes associated with the
adopted level of service standard, the developer shall widen Commerce Center
Parkway between Reserve Boulevard and Glades Cut-Off Road to a four-lane-
divided cross-section. The letter/report shall be submitted to the City of Port St.
Lucie, St. Lucie County and the Treasure Coast Regional Planning Council for
review and approval
No certificates of occupancy or building permits shall be issued for The Reserve
DRI one year after the monitoring program identifies the need to widen
Commerce Center Parkway, until the widening of Commerce Center Parkway
between Reserve Boulevard and Glades Cut-Off Road to a four-lane divided
cross-section has been let for construction.
The annual monitoring program shall be discontinued at such time as construction
the widening of Commerce Center Parkway to four lanes has coinmenced, or the
project has been built out.
5. As was previously agreed to by the developer, the final amended Development Order
rendered by St. Lucie County should also be adopted by the City of Port St. Lucie.
Thank you for your coordination with the Council. If there questions please call.
Michael J. Busha
cc: Scott Morton
Bob Nix
Terry Lewis
Transcri tion from A ril 20 2004 Board of Coun Commission Meetin
Dennis Murphv Presentation
Chairman:
Moving onto Item 4.1, this was broken into several pieces just for easy handling.
We have some kind of mixed bag here. First item is a public hearing Item A.
Dennis Murphy, Growth Management Director:
Yes Madam Chairman. Here in front of you, Item 5.1 and as you pointed out, we
have actually 3 items under the heading dealing with the Reserve. One of those is
a public hearing, the other 2 are not formal public hearings so 1 do believe. there
will be some folks who wish to comment on them and they all related to Issues
that we have been discussing with the Board over the past year or so.
5.1 1 or 5.1 A is considered draft resolution 04-081 which would grant the
petition of Reserve Home, Ltd., for a series of amendments to their existing
development order for the Reserve. As you know, the Reserve is what is known
as a Development of Regional Impact. That is a state-defined type of
development that exceeds certain threshold sizes. In this particular case, because
. the Reserve includes over 1,000 units when they were originally approved back in
1988, they were required to go through the DRI process. Through that process
there is what is called a Final Development Order rendering approved by the
Board of County Commissioners. That particular point in time, that resolution
was approved in 1988 and has subsequently been amended 6 times for various
things over the years. You have in front of you draft resolution 04-081 which
would provide for the 7th amendment to the Development Order for the Reserve.
Now I'm not going to go through all of these specific changes that are in here,
you have copies of them, you've got copies of the application, and just the volume
of it would take far too long than what we want to go through tonight. But let me
just highlight a couple of the things that are in here.
In short, what this Order does is that it comes in and provides for a reduction in
the total number of units and the non-residential square footage to be built within
the Reserve. This project was originally approved for 4,100 units but are not are
going to be building somewhere in the vicinity of 3,200 units I believe is the
number in there. And that their commercial square footage and the non-
residential industrial square footage is also being reduced by approximately 50%.
This Order will also provide for the identification of within the Order itself
of a' series of conditions and oblieations that have been satisfied. As time
eoes on. many of these thines are taken care of and it's a housekeepine item
to .basically recoenize that they're done so that in the future. there's no
Question about what they have to come in and deal with. This proposed
amendment also provides" for the ability of the County to accept offsite
relocation of the portion of the required habitat preservation area subiect to
conditions. I'll come back to that one in a moment. This Order also provides
for certain amendments that affect the onsite recreational areas and
obligations and it makes certain amendments to the transportation conditions
which identify those improvement obligations that have been completed and those
improvements and obligations that are no longer necessary in order to address
specific budget impacts, as well as it identifies several new impacts that they're
obligated to come in and deal with.
Let me focus briefly on transportation first. Back in 1988 when this project was
originally approved by the County, at the same time working its way through the
system was the project next store know as St. Lucie West. That too was. a
Development of Regional Impact. That too had very grandiose plans of
development that were never achieved. But what happened is that when the
transportation orders were originally put together, they were all based upon the
original broader dreams, if you will, of the development group. It's kind of like,
you know, your eyes are bigger than your stomach sometimes as you have a
desire to get all this stuff and you try to actually do it and you can't eat it all or
you can't deal with it all. And that's kind of what happened. The actual building
density and actual building intensities came in far less than what they were
originally approved for. The problem is, and the problem that we've been dealing
with, is that the transportation conditions all contemplated the full feast. They all
contemplated the full development and there were improvements that were never
gòing to be achieved. If development stopped with these 2 projects, there would
not be an issue. But it hasn't stopped, as you know. And with ·the follow-up
DRI's that have come through, PGA Villages, Tradition, and LTC Ranch and the
way the process works, right or wrong, you' simply stack your .improvement
obligations on top of each other so that at the end of the day, the last guy in, is
looking at having to build about a billion dollars worth of roadway improvements
in order to build one house. And they're never going to be mathematically or
fairly needed. So what was done about a "ear a20 in cooperation with the
Ci of Port S1. Lucie the Re ional PI ann in Council the rimar
development 2roups. a complete reassessment was done of the traffic
obli2ations associated for St. Lucie West. the Reserve. and the other DRI's
resultin2 in the Final Development Orders for PGA Villa2es and Tradition
bein more reflective of what was actuall bem built and what was actuall
demanded and the necessity to come back and make amendments to the
Reserve Development Order and to the Development Order for St. Lucie
West.. City of Port St. Lucie is responsible for the St. Lucie West
Development Order and there are amendments. I believe, in progress to
address some of the transportation issues on that on too. In short, what happened
here is that several improvements that were identified will not be built by the.
Reserve. However, that being said, there were some improvements that were
identified that will be added. Specifically, we're talking about the intersection of
St. Lucie West Boulevard, Reserve Boulevard and 1-95. If you go through the
Development Order you will find that there's a requirement that that particular
interchange area, along with the section of Reserve Boulevard from the traffic
circle over to Peacock Boulevard will be expanded to six lanes that will result in
the construction of the new Eastbound 3-lane bridge and an expansion of the
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existing bridge which will wind up being for Westbound traffic upon completion
to 3 lanes and there will be a 6-lane section of roadway constructed from the
traffic circle over to the primary intersection. This will also include ramp
adjustments and approach adjustments to the intersection. In addition, there were
also certain monitoring conditions that were required by the Department of
Transportation for òther offsite system improvements along Prima Vista
Boulevard, U.S. 1, that should they be triggered by the development impacts of
this project, they have to be provided for and those will be addressed on a
monitoring condition as the project moved to maturity. These same requirements
are found in the D.O.'s for Tradition and for PGA Villages as they progress
forward in their development so the idea was to be more realistic in our approach
to it over the time period between 1988 and today, we become a little more
sophisticated in how we do the modeling and how we do the impact assessment.
So when you see the traffic conditions in here being struck, rest assured that
. Reserve Homes Limited is not being let off the hook, they are having to deal with
significant transportation offsite issues still to be dealt with.
The· other item that was in here that will I!enerate some interest in the
community deals with environmental mitil!ation issues. The Reserve. under
their Development Order back in 1988. was required to preserve 25% of this
site of the habitat. The pine. flatwoods. the palmetto areas and that kind of
thinl!. That translates out to approximately 490 acres of habitat throul!hout
the entire proiect. The Reserve is actually split about 95% located in
unincorporated St. Lucie County and about 5% within the City of Port St.
Lucie. City of Port St. Lucie has a clause in their development codes and
rel!ulations that allow for when specific conditions warrant and upon the
approval of the City. that vou can do offsite mitil!ation for some of your
u~land habitat requirements within the City code. County does not have the
similar provision. What we attempted to do is to amend the Development
Order to allow us to exercise with our local I!overnments. be it the City or
County. to exercise their habitat protection requirements should conditions
warrant. Specifically. what I'm talkinl! about now is the proposed Field of
Dreams proiect. Field of Dreams. of course. is beinl! an issue discussed by
this Board for 2 vears now. It's proposed for location within the City of Port
St. Lucie portion of the Reserve. In order to do that. thoul!h. we have to
relocate about 30 acres of habitat preservation which was set aside in that
area which would then be rebuilt at a ratio of 1.5 to 1 within the PGA
Villal!es development. This would allow that particular activity to take place.
This matter has been discussed with the City. they understand how it works.
the development and County staff is in concurrence with this.
There are other conditions in here that are highlighted in our memorandum to you
and I want to apologize, there is a typo in the memo. The reference is 04-181, it
should be 04-081 and we go from there.
The issue of this NOPC is not new. And Madam Chairman, if! can, I'm going to
try and do some discussion on all 3 items that we have here tonight so I think I
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may be able to head off some questions ahead of time and we can take specific on
each one of them. The issues on this NOPC are not new and they really go back
to some discussions that were started about almost a year ago regarding the PGA
Villages development and a proposed access connection that was to take place in
the Saddlebrook Drive area, Calumet Circle area within the Sablecreek portion of
the Reserve. This Board received a number of requests that that access
connection not be authorized. Over the intervening months and most recently
during the month of April, County staff met with representatives of the Reserve
and the Reserve Property Owner's Group, and basically a consensus was reached
that the access èonnection, the general purpose access connection in the
Saddlebrook Drive area would not be built. It would only be limited to an
emergency access, unimproved, non-paved surface only. So that if the fire
department, which is really the whole issue of a need for this thing, if thC? fire
department needed to get from point A to point B, there was a way to drive their
equipment through there. But again, it would not be paved; it would not be open
to general traffic. So that was a part of the original NOPC application. It also
addressed the proposed addition of a part parcel known as Parcel 38 out at the
Reserve. That has all been dropped. That's not here anymore. Now, there's a
second access connection that came up around . Christmas time, slightly before
Christmas time, between this Board, when this Board reviewed what is known as
Parcel 34 at the Reserve. It's also known as the Lakes at PGA Village. It's the
residential parcel that's currently being cleared and under construction alongside
1-95 and if you've gone down 95, you'll see the wall and the benn and that big
pile of dirt out and future connection into the City of Port St. Lucie. During the
same discussions regarding the access connection in the Saddlebrook Drive area,
a consensus was reached between the Reserve developers and the property owners
groups out there that an interim period, or a period, not to exceed 2 years,
essentially from tonight, would be acceptable to allow for the limited use of a
connection from Parcel 34 into the City of Port St. Lucie and that area. Over the
next 2 years, Reserve Ho;nes Limited and their parent company, Kolter, and
whatever other corporate names we're using in this, will be constructing
Commerce Center Drive which will probably be named to Village Parkway from
the golf learning center down to and alternately across C-24 canal, connecting
into Village Park Way as it comes up from the Tradition development. Plans for
that are currently being prepared, construction I believe will be as soon as they
can get the plans and pennits done on to it. There is, however, one minor hang-up
at the moment and that is getting some final design work done from the City of
Port St. Lucie regarding the alignments for the West Virginia interchange, that's
holding things up a little bit but the plans at this point in time are, and the way
things are envisioned, is that that roadway will be built within the next 2 years and
that will then allow for the construction of a new entrance point into the PGA
Villages development in the City allowing for the closure of the connection
between Parcel 34 and the City of Port St. Lucie. So basically what we're going
to have is a 2-year period, basically the clock begins tonight assuming this is
approved, that allows for a connection internal to the Reserve, 2 years from now,
that gets cut off. That gets closed off. Now all of this will also mean, just for
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record purposes, that the bridge that was originally to connect' in the POA
Villages development, inside the City, that was originally going to be limited to
pedestrian traffic, it's an internal bridge, will now be open to vehicular traffic.
Now that should not cause a problem because with the elimination of the 2 access
points into the POA Reserve property, there's no longer that cross-project traffic
concern so that should allow for efficient internal circulations and everything that
we need to go from there. In order to address the specific time restrictions found
within the Parcel 34 proposal, you have in your package Agenda Item 5 I 2, or 5 I
B, as it may be in the Agenda, which will provide for an amendment to the
original P .D. resolution for Parcel 34 and includes specific language and a new
condition 4 which reads "from April 20, 2004 through April 20, 2006, Reserve
Homes Limited and any successors or assigns shall have the right to construct a
temporary access connection through the bottom of Parcel 34 (Champions Way)
into the area of POA Villages DRIlocat~d in the City of Port St. Lucie. The right
to use this access" - and that's a change from the word "maintained", but change
"maintained" to "use" - "the right to use this access shall terminate on April 20,
2006." And within the resolution itself there is the standard legal mumbo jumbo
that attaches it to the prior resolution and all of that kind of stuff so that it goes
with everything that has to go from there. Staff recommends that the Board
a rove draft resolution 04-081 which includes the amendments I 'ust .
spoke to.
The last item that we have on the Agenda tonight is 5 I 3 and this deals with an
issue of a road impact fee credit, specifically road impact fee credit agreement
04-002, which would be between the County and Reserve Homes Ltd. This
would provide a credit for a portion of the expenditures associated with improving
the interchange and the roadway section that I've discussed awhile ago at St.
Lucie West Boulevard and 1-95 Reserve Boulevard. The estimated cost to
provide the improvements that I described awhile ago is approximately $10.5
million. That's an estimated cost because the final plans are not yet done and the
project has not been bid out. It may be more, it may be less. However, the
transportation analysis has been dop.e for this intersection identifies that
approximately 61 % of the traffic that will be impacting this, or the obligations
associated with this, are Reserve generated. I mean, the 61 % of the impacts will
come from the Reserve. Consequently, that's considered to be a site-related
improvement and is not eligible for impact fee credit. But you can't build 61 % of
an interchange. You gotta build all of it. So, in consideration for building all of it
and as provided for under our codes, Reserve Homes has requested that they be
granted a road impact fee credit for anything above that 61 % and without getting
into all of the details, that translates into about $4.6 million. That credit would be
applicable to any new construction built within the Reserve or POA Villages and
it would be similar to other agreements that we've done with the Reserve in the
past, St. Lucie West and other large-scale development-type groups. This
agreement includes a clause for a final audit upon the completion of the project
that would either raise or lower these numbers based upon the actual construction
costs. '1t will take awhile to use up the credits, so we're not going to run into any
problems and I believe the Reserve folks can comment on this further but the
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WPB 898647.\
schedule on this is hopefully designed and permitting done within the next 12 to
18 months, construction to commence immediately thereafter, and you're
probably looking at about a year's worth of constructlon to get it done. We're not
talking something simple here, this is going to be a rather complicated project.
The Department of Transportation has kind of "upped the ante" on exactly what
has to be build out there so it's not as simple as popping down a second bridge
like we had originally envisioned some years ago. So staff recommends that the
Board approve road impact fee credit 04-002.
At this point, Madam Chairman, I think this covers the majority of the big issues
that we've been dealing with out here, I think this ties up a series of loose ends
that have been hanging with the Reserve for some time. If you have any
particular questions, I'll be glad to try to answer them. As you noted, the first
item, 5 II, is a public hearing. The other 2 items are not, but I know that there's
going to be some questions that come up onto it.
Commissioner:
Dennis, if you could just clarify just for the record that _ in regards to the
preservation, I mean habitat preservation and mitigation, that I agree that that does
not go anywhere approving anything in regards to Field of Dreams at this time.
Dennis Murphy, Growth Management Director:
That is correct, it does not.
Commissioner:
It is strictly still a proposal that's never made its way to this Board.
Dem1Ïs Murphy, Growth Management Director:
That is correct. And one thing else I need to add on that as well too, is that our
environmental staff has spent about the last 2 Y2 months tromping through the
woods and tromping through the site with the Reserve's environmental staff and
they are satisfied with the levels of protection and what has been identified and
everything that's out there. I don't know if they're hear tonight but I know that
they've been out there several times.
Commissioner:
Ok. Thank you. Is there any other questions from the Board at this point? If not,
we'll open the public hearing.
Yes sir.
Reserve Homes, by John Csapo:
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We don't have a major presentation, I think Dennis did a great job of
summarizing the immense amount of work that's gone into these 3 items over the
last several months. Actually, over the last year, but with more intensity over the
last several months. We've attempted to meet and your staff has been very
cooperative in trying to organize meetings between us, the staff and residents of
the Reserve so that we could address the issues that were of concern to them. The
predominant issues, as we understood, were the two vehicular connections
between the Reserve DRI and the PGA Village DR! and has Dennis has explained
to you, we have agreed to remove those penn anent vehicular connections. One
connection will stay as an emergency connection, non-paved and accessible only
to fire and police and the second connectiòn would be temporary for 2 years only
with the finite end two years from today. So that will cause that. We've also
withdrawn our request for what was fonnally known as Parcel 38, which was
going to be approximately 6 lots in the back section of the Reserve, visible from
the near field development and accessible through Plantation Lakes Drive and the
Sable Creek area. That petition has been withdrawn and we've agreed not to
attempt to go forward with that in the future so that's also off the table. All the
other conditions that have been in the revised Development Order, including those
new conditions that D.O.T. has placed on us based on the regional traffic study
that's been completed over the last year, we have aereed to the mitieation
situation in that City portion of the Reserve at a ratio of 1.5 to 1. We're here
to answer any questions the Board has and we'd .like to also reserve the right if
there are any questions that corne up during the public hearing to corne back and
try to address those also.
So, if you have any questions. . .
Commissioner:
Not at this time, but thank you.
Reserve Homes, by John Csapo:
Ok, thank you.
Dennis Murphy, Growth Management Director:
Madam Chainnan, I do need to know one other thing just for the record. Within
Resolution 04-081, there will have to be some additional clean-up, just for the
record, for some of the paragraph numberings, between the inserts and this and
that and everything else so those folks in the public who have a copy of that draft
right now, the final one will be adjusted slightly just to get the right numbering
sequence in all the paragraphs and whatever other typos may exist within that
documents.
Commissioner:
No actual verbiage will change.
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Dennis Murphy, Growth Management Director:
No actual verbiage or text changes other than what clean-up has to get done.
Resident:
Madam Chainnan, commissioners,· I'm pleased of the work you people are doing
for us in keeping Port St. Lucie beautiful and working with the builders in the
Reserve. My name is Nonnan Oak and I live in the Kingsmill section of PGA
Village and by show of hands, I will ask the people in the audience how many are
from Kingsmill. So if you'd raise your hand.
We have approximately 50 homes and residents at this time. We're under the
discussion with the property owners of the Reserve was handled by everyone
except people that had to go through the Sout}:t gate where this new connector
road is located. I'm pleased that they have agreed to a 2-year use of that road and
by conversation only, and I would ask that it be fonnalized in your resolution, that
Kolter will use a contractor's entrance to go into their new section that they will
be building. And only use that connector road when it is absolutely necessary. I
feel that Kolter has done a great job, I think they're a good builder, a great
developer and close to incompetent when it comes to advising us of what they're
doing. I could give example.s of how they run their meeting because they had one
this morning and they didn't show up.
But really concerns us, the resid~nts of Kingsmill, and incidentally, even though
we're a small group, we do give Port St. Lucie approximately $500,000 a year in
taxes, the traffic situation that is recommended, we must have a 4-way stop sign at
the intersection of Commerce and Champions Way. And I would invite everyone
of you, and I'd hope you wouldn't ask me to join you, to come down to Kings
Way at 7 a.m. in the morning and see the number of contractors that are waiting
entrance into our development. If an emergency would occur, an emergency
vehicle cannot get through. An ideal situation would be to build another lane. If
they do put in the entrance that they're using now around the PGA Learning
Center and only use the South gate on a temporary basis, then I think it would
resolve the problem.
By the way, we are in favor of Kolter continuing the development. We hope that
you approve the resolution, but I would ask for it to be with the 2 stipulations that
I mentioned. One being the 4-waystop sign and the other, the contractor's or
construction entrance to the development.
Thank you for your time.
Dennis Murphy, Growth Management Director:
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If I could just address those 2 questions. The 4-way stop at Champions Way and
Commerce Center Drive, we would be willing to do if the County,can approve it.
At one point in time, there were some stop signs up at that location and that
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Board of County Commission Meeting
specifically just for reference, look on the aerial image, it's about here and it's
right where the Mainstay Hotel is and that intersection right there. There was an
intersection with stop signs some time ago. County had them removed because
Commerce Center Drive is an arterial roadway. We can't pennit stop signs, a 4-
way stop sign intersection along an arterial roadway. It's not going to meet any
code requirements or anything like that so the probability of getting that into a
stop condition approach ain't good. We'll monitor it, if traffic conditions warrant,
then there are other things that can be done but I'm not optimistic on it this point
in time.
Reserve Homes, by John Csapo:
From Kolter's perspective, as Dennis said, we had a 4-way at one time and were
asked to remove it so if there's another solution and the stop signs at some future
date are warranted, we'll certainly put them in. And the second thing is that I
think what Mr. Oak was talking about was the fact that, not me personally, I think
John Tompson had talked with them a little bit about the fact that once we
complete Commerce Center Drive all the way down to the City line, well I guess
it's the County line too, that we would route construction traffic down the outside,
not having come through the gate, and then they can come back through that
temporary entrance in order to build the balance of the homes that are down in
Parèe134. So that's what the game plan would be.
Resident:
Madam Chair and comnllSSlOners, I'm Jim Lamar and I'm President of the
Property Owners of the Reserve. I won't take but a few minutes of your time
tonight. I brought a few of my neighbors as well so if all the Reserve members
would raise their hands, we'd appreciate it. Thank you very much.
.1 would remind eyeryone here that we do have one Board member on the Property
Owners of the Reserve ("PORI"). His name is Mr. Banling and he lives in
Kingsmill so we have been involved in that and cared about Champions away all
along. According with some qualifications that will be outlined in a minute by
Mr. Kannel, is what's withdrawing our objections to the amended Development
Order, Resolution 04-081, as it pertains to the connector roads and to that Parcel
38 that Dennis outlined for you. And this is all in particular because we reached
an agreement with the developer and as a result, we'd like to thank. a few people,
including 4 of you, one not here and the 3 of you here on the left for taking time
out of your busy schedules to come out and spend time at the Reserve and look at
what our concerns are. That was very helpful. And I know Commissioner Barnes
had you been in town and not been on vacation, you would've found time too so
we appreciate...
Commissioner:
Actually 1 did find timé yesterday.
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Resident:
Resident:
WPB 898647.\
I withdraw that and I would like to thank all 5 of you for coming out.
Dennis Murphy and his staff also did a great job at facilitating these meetings and
that's very useful and it just kind of demonstrates, I think, the way that residents
and developers and the staff can work together and get these things done as long
as we don't wait until the last minute. So if we can still work on some of those
things we've talked about in the past about getting in a little earlier, we'd
appreciate that. And also, one more minute here just to thank John Csapo and
John Tompson for meeting with us for Kolter property on these occasions and for
helping us to reach this agreement.
I'm going to turn it over to Bill Kannel who has a few more comments with
respect to the Development Order itself.
Thank you Madam Chairperson and members of the County Commission. My
name's Bill Kannel, I live at 8420 Millfield Way in the Reserve and I'm President
. ofthe Millfield Way Homeowners' Association and the chainnan of the Property
Owners of the Reserve ("PORI") committee on the connector roads. And I
appreciate being able to make a brief statement tonight on the 2 resolutions and
the agreement before you. I think everything that needs to be said has been said.
Dennis has quite aptly summarized the issue and Mr. Doks and Mr. Lamar have
quite aptly added significant points. But I want to take a couple of minutes
because I've _ my way along this.far so urn...
The first Resolution is ih amendment to the Reserve DRI Development Order.
I've just got a couple of points and you know, a couple of minor concerns but I
think are easily solved. As Dennis said, it will decrease the residential density in
the Reserve from 4,100 units to 3,200. It will ensure future maior roadway
improvements in the area and it will relocate the upland habitat areas from
the Reserve to the new PGA South. Now in this issue. on the face side there
are no problems. we would like to see the map of those areas which we've
been promised. And to be notified if there are anv chan2es to the areas that
are 20m2 to be considered for relocation. The Development Order also
provides for 8 acres of recreational facilities and 2 acres for the fire
department. We also need to see the exact location of both the recreation
and fire department land as promised bY Kolter. And finally, number 28 on
page 4 of the resolution, it refers to the 81 acres where the Dreams Park South
would be located. We understand this project will be dealt with at a separate time
in a separate document but we need to go on the record tonight and request those
81 acres be deeded to the County and not the City. This would make it infinitely
easier to work out any problems or issues that may come up in the future. I!!!!
amended Development Order is not perfect by any means. In fact. it may
even be descent or different perspectives from some of our nei2hbors on
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WPB 898647.1
some items. However. after this extended period of neeotiations. we believe
it's in the best interest of the community to move forward. as Jim
said. supports the adoption of Resolution 04-081 with the request I have
made for additional information.
Regarding the second resolution, we're certainly pleased to have finally reached
the end of the roads. Both literally and figuratively. This is a meeting 1 thought
many times would never corne in this manner and under these conditions. Kolter
has committed as you've heard, to close the Champions Way connection with the
North parcel at the City boundary after a 2-year temporary opening period.
Following this road, we would ask Kolter tonight for those guarantees about
running construction traffic around the neighborhood whenever possible. And
also in Dennis' staff memo, the inference, at least, was that Village Parkway
won't be done for 2 years down to Tradition but we would ask that Village
Parkway begin as soon as possible, which they'll do anyway, but begin that
entrance into the North parcel without waiting until 2006. And I don't think _
has mentioned that we'd also like them to guarantee that construction traffic will
be brought from access onto one place Kings Mill neighborhood.
We'd also like an interpretation of paragraph B in this Champions Way
resolution. It seems to some of us laymen that there's some wiggle room in there
for the developer to escape the closure requirement, not that they would, but you
know, and we'd like to tighten this paragraph if it's deemed necessary by the
attorney. And we will therefore support Resolution 04-083 with these conditions.
The developers also quoted not to proceed with the development of Parcel 38, the
Saddlebrook connection. There will be no connection of Saddlebrook Drive with
the North parcel in the new PGA South. There will be no model or spec homes
and as you know, there will be emergency access from these roads to the North
parcel but will go in or near Saddlebrook. Parcel 38 and Saddlebrook are not on
the official agenda tonight. However, we ask you to seal this agreement on Parcel
38 by putting in a recordable instrument for everyone's protection. The minimum
of the minutes of this meeting should include this agreement between Kolter and
representatives of property owners of the Reserve and perhaps the language on
page 3 in your staff memo could even be adopted as part of this Resolution 04-
881. We appreciate your help tonight in memorializing this important agreement.
On the third item, we support the proposed rate impact fee credit agreement
between the County and Reserve Homes for widening the highway and bridge
East from the Reserve Circle across 1-95 to Peacock. As long as you are satisfied
with that arrangement and with the traffic analysis.
This County commission and staff has lone been involved with Reserve
residents and our developer Kolter. On the connector roads and other
development issues important to the Reserve. Probably too lone for most of
you. You've had meetines with the developer for months and I dare say
maybe over more than a year before we ever became involved. You patiently
listened to our concerns at many commission meetines. You asked the rieht
Questions of us and the developer. You had to mediate the issues. Which
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Commissioner:
Resident:
Commissioner:
Resident:
WPB 898647.1
took time to personally come out and see the areas in Question for yourselves
and we're erateful and thank you. It's also been very long going for us Reserve
residents as you can well imagine. We also insisted that the County's
development plan process be open to much more resident input. While we take
great satisfaction in the final result tonight of the connector road issue, we will not
gloat, there will certainly be other issues facing us all. We'll take a deep breath
and continue toward our main objectives of securing turnover of the master
homeowner association to Reserve residents and working to make the dreams
park baseball facility ~ good neighbor.
I'd like to personally acknowledee Kolter. John Csapo. John Tompson and
Scott Morton particularly for recoenizine the importance of these issues to a
Quality of life for our community and its residents and for doine. the rieht
thine. for the community we both have such a lare.e stake in. Finally there's a
new head of the state department of community affairs. It's most important
in the development plannine. process ·to keep the romance of your
community. We have kept the romance in the Reserve. We've reached the
end of the roads. The connector roads have been disconnected.
Thank you sir. Was there anyone else that wanted to address the Board?
My names Kevin McAuliff, I'm a resident ofPGA Village, a neighbor of NoÌ1nan
Oaks in Kings Mill. I would iike to just echo his concern about the 4-way stop
sign concern. I think that if you're trying to characterize the 4-way stop that was
there at one time as irrelevant to today's traffic flows, I would think that it'd be a
real uninformed observation. Thank you.
Thank you. Was there anyone else that wanted to address the Board now?
Pamela Hammer. resident of the Reserve. As I told our team. I'd be clean-up
batter tonie.ht in case there was anvthine. that had to be addressed.
Commissioners, I'd like to thank you from the bottom of my heart. Many, many,
many months ago we came for a workshop on the roads and Commissioner _
at that time said "surely you càn come up with other solutions." Commissioner
you said, "I'd like to see what those other solutions are." And sent us all
back to work. And this is what happens when everyone works together. When
we started out. we felt like we were David and the developer was Goliath and
we have found that if residents stick toe.ether and they have the ~
encourae.ement of people like yOU. Ms. Hutchinson. savine "I'll mitie:ate with
12
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Board of County Commission Meeting
YOU". and your encouraeement was what we should be doine to talk to
one another. With that kind of cooperation. if we said it at the City. we
would have a ereat thine eoine. so we're very, very pleased that we could
come to this solution. We didn't eet every thine we wanted. we want turnover
of our association asap. However, in negotiations, if you've ever been involved
in that, you'll find that there's give and there's take. We didn't feel bad about the
spyglass people. If we wanted to just let the connection go at Champions Way,
the committee that's been meeting could have agreed to that 6 months ago but we
refused to sell out any of the people of the Reserve, PGA Village. We finally
carne to the conclusion that this 2-year temporary access would work. But during
negotiations, and I want the minutes to show this, tbe developer said "construction
traffic would go around on Village Parkway as long as possible" then they would
have to stop to do some of the paving, that type of thing, we understand. Also in
Dennis' memo it indicates that they would open the road once it was all done
down and across the bridge. That's not correct. They would open the Village
Parkway as fast as they can get it designed and built and have the entrance into
the new PGA Village South North Parcel from Village Parkway. Hopefully that
will be less than 2 years. But that construction traffic has to be prohibited from
going into the spyglass neighborhood. We've been monitoring that and if it's not
done, we'll be back here. Greens park has been an issue with us, we know the
commissioners want it, we know that the school board wants it, we know so many
-people want it. But we have some concerns, both of us that live near it. But.
we're willing to work on those concerns, we've had meetings with about
it and there's a committee that's working out some conditions that we can live
with. But there's one condition we cannot live with. And that comes up, and
we've indicated this is not the time, but I wanted to be on record, when it comes
time to take that land and for Kolter to give it to someone, we insist that it must
come to you, the County commissioners, then you can lease it to for a
dollar. We can't afford, after our experiences in the last year down at the City, to
have that land be given to the City and then God help us if there's a problem
because who are we going to go to? To the City? You see how that's worked out
in the last year. You are elected officials, we trust you. That land must come to
the County. doesn't care who it goes to. When you discussed it
with Kolter Corporation, they didn't indicate that it was a problem. Please keep
that on the top of your list that that land has to go to you and in turn be leased
back. The part of the mitigation that worries me a little bit and I've had some
calls on this, in the documents is the mitigation to another location the
Dreams Park land or is there other land within the Reserve that's going to be
mitigated.
Dennis Murphy, Growth Management Director:
Madam chairman. the way the condition lanl!ual!e is worded. it refers vou
back to the rel!ulatorv processes of the appropriate local iurisdiction. In
other words. if the Countvhad a provision that would allow for offsite
mitieation. YOU could exercise it. Since we don't., yOU can't. The only place
that YOU can come in and exercise it would be throueh the City's provisions
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which would allow for offsite mitieation. The only place that it can take
place would be within the City portion of the Reserve which is the industrial
park area. the North part of Commerce Center Drive as it eoes UP the North
end there.
Resident:
Ok, that would make a lot of my friends in Greenbrier Community very happy.
We ask specifically for the 8 acres of recreation that's going to be given to a
homeowners' association to be spelled out on a map. That's a detail that was not
carried through and we would like to see a map of where are those 8 acres. We
don't want a little postage stamp here and a little postage stamp there that you
can't even feel a part . It was supposed to be four 2-acre parcels. We can
live with a conglomerate of 8 acres but we want to know where it is for the open
space.
Thank you Kolter for getting rid of those spec homes, model homes and that
connection road. That has been a nightmare for us and we are very, very grateful.
It's very seldom I s~and up here and commend a developer but we have been
meeting with these guys for over a year and it's been every week that we've been
talking for over a year. We had a little excitement today, I have to tell you folks
when you send John Csapo and email that says ~'urgent", he calls fast. But it was
a misunderstanding today. John Csapo. I have to tell you, is the person that has
put this together for us, the residents of the Reserve and the community because
he attended the meetings, he got back to us and he made decisions but as much as
Dennis and I go at one another at meetings, Dennis was the mediator to pull the
whole thing together. We are very grateful for the learning process, for your
support and for the support of all these fantastic residents. Thank you.
Commissioner:
Thank you. Is there any other member or public person that wanted to address the
Board?
Commissioner:
Madam Chair, there were a couple of questions directed to me and if it's
acceptable, I'd like to talk directly with Dennis about some of those issues in
attempt to resolve those.
Dennis, there was a question about the Champions Way paragraph and I think it
was identified as B, but is that actually number 4 on your Resolution 04-081? Is
that the Champions Way. That's the Resolution but I think the question, because
it was asked to me earlier, actually dealt with on page 2 of the Resolution, it is
paragraph B that was in question and there was a question relative to - this is a
standard resolution paragraph that we include with all of our resolutions regarding
conditions and it speaks to the severable part and the invalidation of the resolution
should a developer not live up to their obligations. And I think the question was
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Board of County Commission Meeting
"what happens if the development is finished and he chooses not to live up to his
obligations?"
Dennis Murphy, Growth Management Director:
I think at that point we could sue the developer for compliance if we could go
through code enforcement, there are a number of options that we would have. We
did, as you noted initially, change the condition to strengthen it. We took. out the
word "maintained" and put in the word "use" which I think strengthens the
substantive provision. So, I believe we have adequate remedies there on that
particular item.
Commissioner:
My next question is on, I think it's been described as parcel 38, I understood from
the presentation that the developer initially intended to develop 5 or 6 lots there,
now is withdrawn that and has agreed not to refile. What is the proposed use of
that and I didn't see anything in the Development Order that addressed that
particular parcel, perhaps I missed it. Is there some language that we could add
that would memorialize in some reasonable fashion. What is the proposed use of
parcel 38, is it going to be left in open space, is it going to be a conservation
pàrcel?
Dennis Murphy, Growth Management Director:
Basically, Parcel 38 does not exist. It was to be a parcel that would have been as
a result of a replat and a reconfiguration of the extreme Southeast corner, I think
of the Sable Creek area and the Calumet Court area. It would've resulted in a
reconfiguration of the lots in that area, reduction of size and some of the creekage
is simply not going to happen as is been represented. I don't know how best to
come in and actually memorialize it as requested other than perhaps to include as
perhaps one of the findings of the amended findings of fact that that would not be
a part of the application and not take place.
Commissioner:
I suggest we do something along those lines that we at least recite into resolution
factually that there was an application, that it's been withdrawn and there was a
representation it would not be refiled for that purpose. I think that would be
appropriate.
Also, on the contractor's entrance and the whole issue of construction traffic,
again I didn't see that addressed in the resolution. It would seem appropriate. My
recollection is the developer basically consented to the discussion, if we could
memorialize that in some form or fashion.
Dennis Murphy, Growth Management Director:
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Board of County Commission Meeting
I scribbled something down real quick and we can't talk through this in the
meeting right now but it's something to the effect of the, it could be an
amendment or addition to the condition number 4 resolution 04-081 which would
add a sentence that would read something to the effect of "this connection shall
not be used for general construction traffic. All construction traffic shall be via an
alternative access route", or words to that effect. Mr. Csapo can comment on that.
Reserve Homes, by John Csapo:
I think the point is that first of all, we're in for approval now on extending
Commerce Center Drive, which as you said might be changed to Village or
Parkway but we're in for approval now and we will build that as soon as we get
the permits to begin construction which I'm told should be sometime this
summer. As soon as we start, we'll continue building continuously until it's done.
What I think we had said is that to the extent that we could put construction traffic
routed down Commerce Center Drive now while it's not under construction, then
of course while it's being built they couldn't go down. But once it's built again,
we'd route the construction traffic down Commerce Center Drive and we could
corne in that South temporary connection to build those last houses and whatever
else is going on in Parcel 34 so it wouldn't have to come through the gate that's in
front of the project now. They could come around the other way.
Dennis Murphy, Growth Management Director:
I understand what we're talking about and I'm not exactly sure this very second
how best to memorialize that. You know, that may be a loose end that we have to
work with each other and the Reserve properties.
Reserve Homes, by John Csapo:
We'll work with you and we've committed to the residents that we'll do it ~lso
Dennis Murphy, Growth Management Director:
Then can we leave that as a kind of hanger and kind of...
Reserve Homes, by John Csapo:
Certainly. I think if the Soard is wanting to incorporate that, that they can just
direct staff to make sure that their appropriate language restricting construction
traffic as indicated is incorporated in the resolution along with language
concerning Parcel 38 and also when we get to Resolution 04-083, incorporate the
suggested amendment to that as well.
I believe that responds to the questions that were asked of me anyway.
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Commissioner:
I didn't catch the last thing he said.
Dennis Murphy, Growth Management Director:
I think we covered everything that we talked about.
There was one other item Madam Chairman that I just need to identify for the
record relative to the impact fee agreement and it deals back on the credit basis
and identification of the improvements. In the package that was given to you, I
got my East and my West kind of mixed up in the actual written part of Exhibit B
and where is says Eastbound, it should say Westbound or whatever is vice versa.
That will be corrected. And it also needs to be noted that there are certain
improvements that have also been required by the City of Port S1. Lucie which are
beyond the particular impact scope of the Reserve and the Reserve will be eligible
for up to 100% credit for this particular improvements. All that gets factored into
the equation, that's just for identification for record and we will get our Easts and
our Wests set in the right directions.
Commissioner:
Thank you. And since you've mentioned that it's only a matter of correcting the
Agenda, but I think that probably needs to be done, the Agenda items are
numbered and the, I'm sorry, the backup items are numbered and the Agenda
items are lettered. Which shall we use, do you have a preference? I don't care.
Dennis Murphy, Growth Management Director:
I don't really care one way or the other.
Commissioner:
Just because I'm looking at the backup there, I suggest we use numbers rather
than letters. It's rather confusing. Than,k you.
Is there any further comment from the Board at this point on these items?
Commissioner:
Madam Chair, I just want to give my thanks to Mr. Murphy. very
closely and has been probably called out on the carpet on this one more than once
from all the public and private. My thanks too to the Reserve representatives.
Thank you, thank you, thank you. And to the residents of the Reserve, I thank
you for sticking in there, I kept telling you, if we could just get everybody to the
table and it worked. So, on behalf of everyone, I think your hard work needs to
be acknowledged and is a showcase to the entire comtnunity of what c~)Uld be
done. So thank you. ~
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Board of County Commission Meeting
Commissioner:
Thank you Commissioner Hutchinson, I think that pretty much sums it up for all
of us. We sit up here and we try but it really requires input from you and the
developer to have a solution everybody can live. with. We can make
pronouncements but nobody's near as happy as when you're involved in the
process.
Commissioner:
Madam Chair, I'll be happy to make the motion to approve with the changes and
amendments and thank you folks out there as well. We all get paid for this, you
don't get paid for it so you deserve the most thanks.
Commissioner:
Second.
Commissioner:
Are we doing this item by item, or what?
Commissioner:
I'm assuming that we'd do it whole
Commissioner: .
Can we do that?
Commissioner:
Yes.
Commissioner:
Very good.
We have a motion to second all of the approves herein.
Board Votes:
Aye. [Motion approving Resolution 04-081 passes unanimously]
Commissioner:
And it all passes.
[END OF DISCUSSION}
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Board of County Commission Meeting
St. Lucie County Work-Shop Session Commission Meeting
January 15,2004
Dennis Murphy, Growth Management Director:
Let's take a step back before we get into a specific review of the DRI and kind of figure
out what we're doing and why we're here. As the Board knows, from the past several months,
there has been a number of issues relative to the Reserve that have been before you specifically
related to the POA Villages DRI which is located in the City of Port St. Lucie. Also related to
search and internal matters to the Reserve DRI which is an unincorporated part of the
county. For the benefit of those in the audience. the County Commission has direct
reeuiatorv authority over only that portion of that Reserve or PGA project known as the
Reserve. That project was approved as a developmental regional impact back in the late 1980's.
There have been a few amendments to the development order as time has gone on and the project
has been developed under the regulatory management of the county. Recently the City of Port
St. Lucie approved a development order for a second DRI entitled POA Villages located solely
and entjrely within the city limits of the City of Port St. Lucie.
The issues that had been of greatest interest of late had been in regard to some
connections between the POA Villages and the POA Reserve and some general impact issues
related to the POA Villages. Today's discussion is focused principally on the POA Reserve DRI
and discussion on the two internal link connections between PGA Villages and PGA Reserve. It
will get confusing when we start babbling about POA Village and POA Reserve, please bear
with us and as we go through the process, if there's any questions, you have a
process on here you will have some public commentary.
This is a workshop, no final actions can be taken by the Board. AIly actions that would
require an amendment to the development order or otherwise perceived as a final development
order action will be required to go through other appropriate public hearing public notice type
processes that cannot be done today.
Again, going back to what we had in your package. Just to walk through it very briefly.
You have on the very first page the Agenda. On the very second page, you have a map H of the
POA Village preliminary master plan. This is what's on the attached agenda. It needs to be
noted very clearly, very simply that the map H that you have is one of the original map H's for
the POA Village project and was put in there only for the purpose of showing general location
matters. This map has changed. The internal layouts have changed and there was handed out to
the Board members and a revised map H, which was approved as a part of a recent change to the
overall development plan a couple of weeks ago for the POA projects. That's on the 11 x 17
paper.
Referencine memo January 12. 2004 - this is a memo that does a line byline.
condition by condition review of the specific conditions in Resolution 98-100. There are
currently 78 conditions of approval applicable to the PGA Reserve project in St. Lucie
County. When you look throueh this list. you will see that a number ofthese conditions are
E:lDocuments and Settingslperhug\Local SettingsITemp\j8ytOI!.DOC
either taeeed as either completed or oneoin2. Several of these conditions are related to things
that worked through the development process, whether they be environmental, whether they be
community infrastructure, whether they be transportation, whether they be administrative or
procedure kind of things. We did not include a specific condition language in here. If you need
to refer back to anything you will have to refer back to Resolution 98-100. I'm 20ine to
hiehlieht a couple of the bieeies in here that have been of interest in the past and I will
draw vour attention to condition #15. found on pa2e 2 of the memo and for the benefit of
the audience. condition #15 references the requirement that the developer should have
resolve which this condition was imposed back in 1988 where the developers of the Reserve
set aside a minimum 25% or 490 acres of the eross site area for upland preservation. The
490 acres requirement has been determined by the Board previously not to have to be one
or more contieuous parcels. it could be in a variety of parcels provided that they met some
reasonable· benefit towards habitat protection. The County's environmental resoUrce
division has been workin!! with the developers over the last couple of weeks to verify
compliance with this condition and I have been advised that short of a couple of i's beine
dotted. some t's bein!! crossed. pretty much the 490 acres has been identified and has been
reco!!nized as beine protected. There's a couple of little loose ends that have to be taken
care of yet. but eenerally compliance of this condition appears to be e:ood. I
Skippine ahead down to another series of conditions we move UP into conditions 46.
47.48 and 49. These come in right before we get the transportation. These are conditions that
are related to some recreational issues that the developers have not yet fully completed.
One of these conditions deals with some onsite recreational centers or recreational facilities
that the developers were seekine to have that particular condition amended and I'll come
back to that in a moment,2. Another condition deals with the requirement that the developers
do some beach parking space revisions and some beach studies. The developers were seeking
that an amendment to the DO would provide for the deletion of this condition. I want to touch
briefly on condition 47. Back in 1988 - 1997 time period, there were 3 DRI's working through
the regional planning council at about the same time. West Jensen DRI, St. Lucie West DRI and
the Reserve DR!. It all kind of came together for final DRI reviews at the council level at the
same time and the 2 DRI's in S1. Lucie County - S1. Lucie West and the Reserve - had a
condition imposed upon them at the request of the Martin County folks that required those
projects to address each issues in Martin County. There was a concern at that particular point in
time in our community that the only beach accesses that were being used by the residents of S1.
Lucie County were in Martin County and Martin County was feeling a little bit at a joint on that
one and they wanted to try and get something for that. About 3 years ago the developers of St.
Lucie West petitioned the regional planning council to amend the development to eliminate that
particular condition and is worded exactly the same as it is in the Reserves order from the 5t.
Lucie West DO. That amendment was approved. And the petitioners from the Reserve are now
trying to seek the same thing from the County. At the time that condition was imposed, we did
not have a parks impact fee. We had no real revenue screams for coming in and developing our
beach facilities. Since that point in time, we have imposed parks fees and we have been
successful in obtaining other grants for pursuing beach facility development. Now we haven't
necessarily gone out and built everything yet for a variety of reasons, but we have brought online
I Re: Condition 15 Discussion:
2 Re: Condition 46 Discussion:
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Work-Shop Session Commission Meeting
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additional park land both in raw acreage and in some improved conditions. And it will be our
recommendation that that condition be eliminated because it appears to serve no particular
purpose this point in time as we move into the NOPC changes which I'll discuss later.
There's another condition in here regarding fire protection. Fire protection is referencing
condition #49. There's a proposed amendment to this ~ondition that would eliminate a
dedication requirement since the fire department has not chosen to ask the Reserve for land. In
the sense of keeping that in there it would be a housecleaning effort to get rid of that. And that
this condition will also be amended reflect the imposition of the County's fire EMS fees as
opposed to the prior number that was applied in' there which was applied which was applied
before we had a fire EMS fee so it's more an administrative kind of thing.
Conditions 50 through about 77 are related to transportation and I'm not going to go
through all the details of those but I do want to focus in on one condition in particular which is
near and dear to all of our hearts. It's condition 66B, on page 5 of the memo. This particular
condition deals with the signalization ofthe South bound off-ramp, which would be the ramps on
the West side of 1-95 at St. Lucie West Reserve Blvd. and it deals with the requirement that the
intersection be signalized. This has been an item of concern for some time and the Board, when
they were reviewing some recent final DEP applications for the Reserve, required that by
January 15, there would be some sort of entrance signalization up there. Today's January 15 and
as was just advised at the start of the meeting that the lights are blinking. They will be going
active on the first part of next week, I think. That will hopefully alleviate some of the congestion
levels that are occurring on the ramp and make that better. The poles that you see out there are
temporary. Those wooden poles will be replaced with pennanent masculime structures in the
not-to-distant future and will be placed to accommodate the ultimate inte~change expansion
which is also on the horizon but we don't have the timeline for that yet. I haven't been to the
intersection myself so I don't know what it looks like, so if it doesn't look that great right now,
don't worry, it will look better in a little bit. I think the main thing is that there is now a light
there ànd that will hopefully eliminate some of the congested periods. All we ask is that people
please be cognizant of the fact that those are new lights and pass the word around to your
neighbors to pay attention to it because sometimes when you put a new light up, you're not
paying attention to it being there.
The other conditions that are in here, you'll see a number of them related to
transportation. That hasn't been determined to be applicable because the triggering conditions
haven't been reached for all the categories and the conditions themselves are rather complex and
I won't go into those unless you particularly want to.
The other issue is the internal connection points. Map H shows two circled areas where
as a part of the establishment and development of the PGA Villages DR!, two points of
interconnectivity were identified between PGA Villages and PGA Reserve. Originally, those
points of interconnectivity were to allow for movement from throughout the PGA Villages
project into the entire PGA Reserve area. For the DRI and other subsequent public hearing
processes, the site plan has been amended to eliminate the bridge crossing for general purpose
traffic over the C-24 canal, and instead only provide for an emergency vehicle or pedestrian
bridge facility there. That would be a bridge that would not be open to the general public,
vehicle traffic. It would provide for pedestrian movement back and forth and it would provide
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Work-Shop Session Commission Meeting
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for golf cart linkages and emergency vehicle use. It would not be one built with road access and
that kind of thing. It would be more of a pass system. However, those proposals did not provide
for any changes to the ground connections in between PGA Village, PGA Reserve and when I
speak now of PGA Village, I'm talking about only that area north of the C-24 canal. The
developers of the Reserve, as a part of their recently filed notice of proposed change with the
County for the PGA Reserve, have included an amendment to the master plan which would
provide for some modifications in the vicinity of the Saddle Brook Drive area and Mr. Lamar
from the Reserve was good enough to send me over a slide this morning and I haven't got the
thing up here yet and I apologize for that. It shows graphically what we're talking aboùt on the
connections. This is the areä of PGA Reserve, this is the area of Sable Creek, Saddle Brook
Drive runs right through here, Plantation Lakes Drive is right through here and Deerfield Way is
over here, Belford Place is over through here. This is the existing boundary line of development
and I believe Calumet Court will be right through here. This p~oposed amendment as a part of
NOPC would involve in essence rerouting of traffic in this area, coming across the bottom side
of the lots that are on the Southside of Calumet Court and then enter into the PGA Villages
environment. The development application also includes the proposedestablishrnent of what's
tenned "Parcel 38" at the Reserve. Parcel 38 is a six-lot subdivision within the development
itself. All the residential parcels within the Reserve have a number. We've done that for
tracking purposes, they may have a name to you all but we look at them from a number basis
because it's easier to work with. This plan has not yet been finalized - this plan has not yet been
approved. As I said, it's part of the pending NOPC reviews and major adjustment reviews for
the Board. As Mr. Anderson pointed out, there will be additional public hearings. Anytime you
go through a notice of proposed change, you are required to have a fonnal public hearing. We
received the applications for NOPC the latter part of summer of last year. We were originally
looking to go some degree of public hearing in the late fall of 2003. The developers requested
that that be continued for a period of time and we were looking to schedule a public hearing for
next Tuesday, January 20. However, when we scheduled this workshop, it became apparent that
that hearing was probably going to be a little bit earLy so that hearing has not yet been set yet.
Pending whatever discussion that the Board has today or directions that they wish to give us, will
detennine when that hearing is set but I imagine it will be set probably in the not-to-distant
future. That heÍlring will of course require fonnal notice to all property owners of record within
the reserve and adjoining lands.
The Board, several weeks ago, approved the final plats for Parcel 34 at the Reserve. This
is 34B I think through E at the Reserve. That's who included the concept location of a future
access point here. The Board at that time directed a final plat line which be added to the plat so
that connection cannot be done without certain other things taking place. The exact language
was left to the County attorneys office, County staff to finalize out. That language has not yet
been finalized and it will be finalized prior to the final execution of those plats. I know there has
been a question of some folks as to what the status of it is and at the moment there is not status
other than the language has not yet been fully detailed by all parties.
The basic question that County staff has been dealing with in regards to these connection
points is, do they have a overall negative effect on the traffic operations looked at from a purely
technical nature of the Reserve Development? And from a purely technical nature, not
withstanding the other issues of concern and interest to the community, they do not appear to
have a negative effect on the overall traffic operation. That does not mean that they're good, that
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Work-Shop Session Commission Meeting
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does not mean that they need to be automatically approved. They may not be, there may be other
compelling reasons from a community-based perspective from a public perspective that does not
want their connections. But from a pure numbers issue, they seem to fall within acceptable
perimeters for the overall traffic circulation. The Reserve, when it was originally approved, was
authorized for 4,200 units. Actual development is coming in at around 3,200 or 3,300 units. The
areas of addition on the PGA Village is that we'd be accessing these two access points total out
to be approximately from what infonnation we'd be given, about 850 - 900 units. We looked at
it from pure analytical point of view. The numbers then all seem to go back to the original
number of 4,200, 4,100, which gets it back into the general wash condition of internal
circulation, internal issues. So at this point in time, we're not aware of any compelling number
reason why these would be negative connection points. Why these connection points could not
be approved. . There may very well be other social points, but I'm not looking at it from that
particular point aUhis stage. My charge is to look at it from a technical assessment.
The other issue that's having to be dealt with in regards to these access points is that in
the City's development order, there's a very specific condition that references what's referred to
as the Saddle Brook Drive connection point and that's for emergency purposes. If the County
detennines that we are not interested in having that new routing of Calumet and the work there
off of Saddle Brook; we still have to deal with the issue of emergency services within the
community. The fire department has not indicated, at least to me with my conversations with
them, which have been infonnal in nature, they've not indicated that it's absolutely 100%
necessary to have a full paved road ope ] at all times type access. It may very well be possible to
work some sort of non-general traffic access point that would still satisfy the emergency service
needs of the fire department as well as provide the levels of assurances that the Board is aware
and the folks out there are aware that they want to maintain between the two projects. Basically
maintain a separation of vehicles. You'd have a pedestrian movement; very similar with which
you would have with the bridge across the canal but YOU' would not have general vehicular
traffic. That is an option that could be looked at. That is an option that has not yet been fully
accepted or dismissed by all parties and we'll have to see where it goes into it. That still leaves
open the question of what happens with the Champions Way connection and at this point, it's
really going to be a Board direction as to where you want us to go with that particular issue.
We received, this morning, a series of questions from several folks at the Reserve that I
gave copies to the Board on and responses to. I'd like to take a few minutes and go through this.
We gave copies to Mr. Canal, wherever you are. I think you passed them out to some folks so
you've got an idea of what we're 'talking here. We werè able to answer some of these questions
at the staff level fairly simply. Some of these are more comments and some of these the Board
itself is going to probably have to discuss and talked about a little bit. Briefly, let me go through
them. The traffic analysis issue, you're correct, that was inadvertentlyexc1uded, it was actually
taken out of the package that we had used to make the copy package and for whatever reason
didn't get back in for the final report. It will be transmitted to the Board, in fact they'll have it
this afternoon.
There was a question asked, what is a substantial deviation? A substantial deviation is
defined by Florida Statutes in Chapter 380.06 and it has a whole long list of what is and what
isn't. It's basically, anytime you're looking to go and make a change to a development original
impact, you have certain windows of what you can do before you have to go back to square one
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and start all over again. The applicants that developed this Reserve are submitting an argument
that the proposed changes that they're doing did not require back for full DRI review and they're
requesting that they be detennined not to be a substantial deviation to the original DR!.
The next question deals with some unit reductions and how it affects the homeowners
association. My .comments to that is, we're looking at it from a development order perspective
on the Reserve and this question appears to kind of refer more into some internal matters
between a homeowners association and the developers themselves. I'm not sure we're the most
appropriate bodies to come in and answer that. This is an arguable point but at thi~ point, I think
it's probably best to be done between you guys and Kolter.
There are some comp plan amendments referenced in the NOPC regarding some issues in
lands within the City of Port St. Lucie. The Reserve, where I'm assuming the majority of the
folks here in the audience reside on property, the residential component portion of that project is
located entirely within the unincorporated part of the County. The commercial area down on I-
95 is within the unincorporated part of the County. However, .the industrial area, which is north
of the Pines and north of the Willows Bend stuff and up there by Hawk's View, all that industrial
area is located within the City of Port S1. Lucie. When this project was orie;inally approved.
both the City and the County approved specific development orders for the Reserve. As a
part of the NOPC. the applicants are loa kine; to come in and seek a comp plan amendment
with the city of Port St. Lucie to allow somethine; other than industrial use in the City
limits. The County will not have a direct approval or denial role in that process. We will
be an advisory commentor to the City of Port St. Lucie. So. ¡don't know i{l'm answerine;
the Question directly. other than to say that we're not e;oine; to be the ones who have the
final yea or nay on what happens UP in there. We're dealine; mostly in that area of the
Field of Dreams. But. we will have some opportunity to submit comments to the City of
Port St. Lucie.
The next item is the cash contribution and the proposed amendments to condition number
46. The $5,000 contribution is a proposal made by the developers themselves to the County.
The County has not signed off on and the County has not rejected it either. If there's another
number that can be worked out between the two parties that is amenable to everybody to address
the facility needs, then we'll be glad to entertain it.
I need some clarification on what you are talking about on page 5, the seventh
amendment, because I couldn't track what you were talking about. We can come back to that
later.
On condition number 15. I think I touched on the 490-acre issue. I need to follow up
on it. The amendment that is in the laneuaee is intended to address the Field of Dreams
site. The City of Port St. Lucie and upland preservation issues allows you to come in and
do off-site miti2ation if yOU cannot preserve on-site. The County rules do not allow for
that. In order to make the Field of Dreams site work. it has been discussed with the Cities
and the County the possibility of takin2 whatever miti2ation areas were set aside in that
area and apply them elsewhere. In this particular case. it would be down in the PGA
VilIa2es area. So basically what we are doin2 is if the Field of Dreams proiect is to 20. in
order for it to eo. one of the thines that has to happen is there has to be some mitieation
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process allowed for under the development order, and that's what this particular condition
attempts to come in and do. It does not. and is not intended in any way. to provide an
openine: that would allow Kolter or any other subsequent developer to simplvsav they can
shift all 490 acres out of the Reserve to another location. That cannot happen. It's onlv
intended to cover that particular part of the development located within the City of Port St.
Lucie.
It's important to note that one of the things when we go through this, the draft
development orders that you have been reviewing NOPC issue are exactly that - draft.
They are still subject to change, amendment and modification through the public hearing
process. There have been no changes since there initial submittal and as it goes through the
process, as you read through this condition, it does - I will tell you right now - it does need a
little bit of tweaking to be clear as to what exactly it applies to. .
Is the Ree:ional Plannine: CounciJ an approval or commentine: ae:encv on the NOPC?
RPC is a commentine: aeencv on an NOPe. Thev do not have to approve it. Thev do need
to provide comments. To my knowledee, we have not received any written comments from
them and any deadline for comments would be any final action hearine on the part of the
County Commission. They are bv statute required to be noticed of the public hearine:s for.
NOPC. And the same applies to the Department of Transportation.
The question is when is all of this going to get scheduled. Well as I said.a while ago, it
was tentatively looking to be scheduled for January ofthis year. That has now been pushed back
some period of time. I can't tell you a specific date. It does require formal notice. It would be
at least 30 days out, assuming we decided to do it today, it would be at least 30 days out from
today - maybe a little bit longer. But you will, as property owners, receive notice. .
Question number 12 is one that I can't answer. Thé Board has to answer that one.
I need a clarification on the second bullet in 12. in 12 I believe is pretty
straightforward. If the system improvements are all done, then it should work. I haven't had
time to check the numbers in the tables that you are referencing. We'll check that.
The following issues on page 4 are in essence commentary issues and we did not
comment on anything until we got to condition number 7. We talked about the status of the plat
notation is on hold.
Item 9 - it's on hold.
There was a question asked - Why are there no Planning and Zoning Board discussions
hearings where a vote of a major adjustment to parcel 38. Basically, it's because it's not
required. There is an amendment process outlined in the County's land development code for
both PUD's and there's an amendment process for DRI's outlined in the statutes. Unless the
Board of County Commissioners through the PUD process determines that the proposed change
is significantly different from what the original development approval was for. The follow-up
review by the Planning & Zoning Commission is not required. But that decision has to be made
by the County Commission following the public hearing process. It's not something they can
make in advance of the conclusion of the hearing process for an amendment to the PUD. Sounds
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bureaucratic, but it's got a lot of legal process that we have to follow m order to protect
everyone's rights in the matter.
When is the schedule.
has not been set yet.
Item 12 - I'm not sure exactly what we're doing with all this. We have to go back and
find out exactly what some of these points are.
I think this addressed most of the comments that we could address in short-tenn that were
raised. Most of the questions hopefully I have answered - some of them at least - so that we can
get down under the discussion comments to the main points.
Now Chairrp.an, I have been rambling for far, far to long. I'm sure you would agree. Do
you have questions?
Chairman:
Are there any questions from the Board at this point?
Commissioner:
Let's back up real quickly. I want to get a better understanding of the original Reserve
DRI that was approved by the County Commission and what external connections. We've
referred to these two connections as internal. I actually view them as external connections. I
would like to get a better understanding of what the original approval allowed for and I take
issue to some degree Dennis with your descriptiQn of your job, as the Community Development
Director, to look purely at the technical considerations of traffic flow. And based on that, your
Department's apparently comfortable with these two external connections. In my view as a
Community Development Director, I think you have to not only look at traffic capacity, but also
the impact that that traffic has on existing residences and neighborhoods. I think the specific
comp plan amendments that you referenced in your memos to this Board stating why you believe
this is consistent with our comp plan actually does reference in policy 1182 lot owners buffering
from major roadways. So clearly those are considerations that we have to take into account. It's
not just an issue of building roads wide enough to accommodate capacity. It's an issue of how
those roads affect people that live in those neighborhoods. So that's why I'm interested in trying
to understanding what the original Reserve DR! plan was, both from a land use and traffic flow
position and understand what options we have today. That's the other issue I don't think we
have covered sufficiently. My view is that the original plan did not adequately take into
consideration these external connections. So you have low density single family neighborhoods
on cuI de sacs which we're now talking about punching open and connecting to substantial areas
that were originally intended to remain agricultural that we have now annexed into the City and
have become the PGA Village and 6,000 units in a quarter million square feet of non-residential
uses and hotel rooms and so forth and so on. We never planned for those and we haven't
adequately looked at how that new development would connect into this existing area. I think
that's the real discussion we need to have. What options are available to us. Obviously, that
development is going to occur, but how can it occur in a fashion that doesn't negatively affect all
the people in the room today and their neighbors who have invested in the existing Reserve DR!.
That's not adequately being discussed yet in my view. So if you can talk a little bit more about
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what the original concept was for any potential external connections, that 1 think would be
helpful.
Dennis Murphy, Growth Management Director:
Let's take the original issues first. The drawing that you have up there - and I apologize
for the fuzziness of it - but it's just one of the things we have to deal with in this graphic. The
darker circles represent the external connection points from the ReserVe to the outside world, for
lack of a better tenn. The two that are here and here - those are the connection points that take
Reserve Boulevard, and what is now known as Reserve Commerce Center Drive onto Glades
Cut-Off Road. The points here and here - well one is obviously 1-95 and the other is the
southerly extension of Reserve Commerce Center Drive - down to a triangular area of this City
of Port St. Lucie with ultimate plans to link further down into the Gatlin Boulevard area. Those
were the four external points that w'ere shown in the original project. The one external point to
the south. The southern one. That was subject through the DRl process originally to location
change several times. It's position shifted anywhere along that southwesterly boundary line any
number of times until it finally settled to a point adjoining 1-95.
The options for elimination of ~nternal connections that may exist. . ..
. . . Or the new external, depending on how you phrase that. . ...
...Okay, well yes. I look at external as to go beyond the perimeter of the project. It's a
semantics thing.
. But that is the point - it's beyond the original extent of the project, which is why 1 phrase
this as an external connection.
The options here are two. You either do these or you don't. Now if you do the first
option, you got excess connections. If you do the second option, well then what are you going to
do in its place? And then you are going to have to find a way to do one of two things. Let's set
aside the fire department's issues for a moment here. You can either come in off of Glades Cut-
Off Road here. You can come in down off of an extension of Reserve Commerce Center Drive
and somehow tying into West Virginia - how it comes across in this area here. Or you could go
back in and reestablish a structural crossing over the canal here - or somewhere along that line.
Those are you options. Now, there are pros and cons to each location in there and there is
a number of questions on it. The Glades Cut-Off has got some real engineering and site distance
problems with the bridge right there. The way the road jogs right around that crossing of the
canal. Not insunnountable, but there are issues to be dealt with. The ones down at the bottom
there, again, these are not insunnountable issues, but I don't think they have got a final
alignment for all of the impacts yet for the West Virginia and that exactly where it goes.
And the internal one is pretty straightfurward.
Commissioner:
If I can try and simplify my question, 1 took part in at least some of the meetings between
the fire district, the property owners and I have also met with the developers. It's clear to me
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" '
that the fire district is not asking for these internal connections for general access purposes.
They need to just simply have limited access for public safety. So they are not asking for these
connections to be open to the public. That's not an issue. So I don't really see the fire district as
being the determining factor here. There some minimum requirements that need to be met, but
our discussion goes well beyond that. Weare talking about general access, not public safety. So
under this scenario that you talked about under these options where we make connections to
Glades Cut-Off Road, Commerce Center Drive and then potentially put back in the bridge over
the canal and change that access limitation to the north, from a traffic flow standpoint, does that
work?
Dennis Murphy, Growth Management Director:
"Probably."
Commissioner:
"So if that works and doesn't ruin these folks' neighborhoods, why aren't we doing
that?"
Dennis Murphy, Growth Management Director:
"That's a decision for Board."
Either option works. It's really coming back down to the decision on the part of the
Board as to which way you want to go. Either way will work.
Co mmissioner:
Well, either way will work from a traffic standpoint. But only one way will work to
preserve these folks' investment in their neighborhoods. So it seems like a fairly easy decision
for us to make. And I don't understand why that option hasn't been the desired option from the
beginning. What am I missing?
I think at least ITom your point of view, the situation here is that it is not staffs function
to make this decision. That's why we are having the workshop. That's why ìt comes to us. I
expect Dennis to tell me what the flows will accommodate. It is our job. I disagree that it's
Dennis' function to come forward with these options and recommend one. If as you say it's an
easy decision, then it is. a decision we will make, but I refuse to take Dennis to task for not
having made it because that's not his job. I ask him to tell me what the flows will handle. And
I'm sorry if that's........ . [end of tape 1]
[Beginning of tape 2] only the roadways, none of the other amenities, because of the
time it was conceived, there is a constant dual going on between walkers, pedestrians, joggers,
bicyclists, golf carts and vehicles - some of which are pretty big. Picture 3, very simply is that
the proposed connector roads, and the first thing that I think of as an analogy is fiduciary
responsibility on the part of someone in a decision-making position, the connecting roads, if they
are to go through the way they are proposed serve only the interest of the developer, not the
interests of the residents, and that's wrong. Thank you.
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Comments from the Public:
Commissioners - I'm _ Davis, 1 live on Saddlebrook Drive and I'll be very brief, but
if you have ever been on Saddlebrook Drive where it turns back in to Sable Creek - that's more
than a 90-degree turn. Very sharp turn. There's a hedge there that totally obstructs vision to
your left. There's no way in my opinion without taking down this hedge, winding the roads and
doing some very serious work on this thing, that this thing could ever work. You would have to
have mirrors on the side of this thing to be able to get out of that intersection. That's all 1 have to
say.
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Good afternoon ladies and gentlemen. My name is James Shambery and 1 live at 7413
Morals Place in the Reserve. A thing came up earlier called buzz word - 1 don't know what that
is - but I'll give you a buzz word - my buzz word is erosion. And 1 hope that you all know what
I am talking about erosion. I've been living in the Reserve for ten years, I've been a member of
the Legacy for about 16 years so I know a little bit about what's happened there in the past. As
I've observed in the past - 1 corne down 1-95 when I first was here and I see there's a garbage
pile. Well it's a garbage pile. And then I notice a few years later a large expansion of the
industrial plant up here on Midway. Something new. Now they're talking about an amusement
park: Field of Dreams. Next you hear about a waste sewage plant. And now we're hearing
about a huge enlargement to the Reserve DR!. This is erosion and it's not happening all at once,.
it's just a little stream and then it's a river and then it's avalanche and 1 just wish that someone
would take a minute and think about how these little bits keep eroding the way we can enjoy a
lifestyle that we have all talked about and you know about. 1 wish that someone would stop it.
Thank you.
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Chairwoman Lewis, Commissioners - thank you for hearing us today. As you see, it's
not just a couple of us that have been out every single meeting. knew abo1,1t the
situation of the Reserve. We have hundreds and hundreds of people that are concerned. Our
concern is the affect on our quality of life. When my husband and I researched the communities
that we wanted to live in, we went from Vero Beach to Palm Beach so that we could be within an
hour of family. One thing I learned because of my family that lives in the city is that I didn't
want to live in the city and deal with a lot of things that they had to deal with. So we
intentionally bought in the unincorporated part of the County. We went through the building
process and a joke between my husband and myself was when we leave this house, whichever
one of us it is, we are going out feet first because we had found our nest to settle for the rest of
our lives because of the quality of life that we were offered in the Reserve. An opportunity to
ride your bike without being run over, an opportunity to walk, and an opportunity to fish in the
streams behind the different houses. It was a way of life that we bought into and we were one of
the ones that got the documents and researched them to make sure that we would be protected.
So we didn't . All of a sudden, our way of life is totally being turned upside down
because the developer changed in the community and this developer decided they wanted to buy
land south of us. Now as Mr. _ told you, 1 said before, if this was ABC Builder, you
wouldn't be here, we wouldn't be here, we wouldn't have come to all of the City Council
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meetings because they wouldn't even have a right to open up our roads. It's only because it's
Kolter that we are even here. I would whole-heartedly support and I know the audience would
support and the 500 that signed the petitions would support Mr. _'s suggestion of the north
parcel above canal 24 - put an entrance into Glades Cut-Off. They are adjusting that road
anyhow with all of the things that are going to happen there. Put a connection onto Columbus
Parkway, alk/a Village Parkway and then you have two entrances and exits, which is what we
have in the Reserve now. Keep the line at the original DRI division. We have reasons for
wanting that line to stay where it was. When we walked into the model at that time, it was a
trailer. It showed the outline of the Reserve DR!. It didn't show any connections to add on
another 800-1,300 homes. And people in the community when they go and buy something, they
have to have some kind of rights to be assured that what you see is what you are buying and you
can't have the rug pulled out from under you down the line because someone changes their mind.
What's happening to us is if you allow those connection roads and you allow those extra 300-400
acres because that changes all of the time also, then you are imposing more responsibilities on
our homeowners association. We didn't buy into taking care of all ofthose lakes too. Well, the
developer will say well those 800-1,300 homeowners will be contributing. However, that's not
what we bought into. I feel sorry for the people that are buying into Spyglass and that area now.
They have no idea of the proposed connection. They are not being told. That is not being
disclosed to any of them. By connecting these two DRI's you are closing City and County. If·
. you draw the line where the original Reserve DRI was, we are County unincorporated, our
homeowners association is County unincorporated. If you allow this parcel ~ 24 to be
added into us, then all of sudden - and this will be the last time I address this - all of sudden,
now you have two masters to serve. We have the City, who isn't _ with us, and we have the
County. We haven't the City could change the rules. There is nothing that would
prevent if the residents south of the canal all of a sudden wanted ,new bridges to connect because
traffic was so bad on Glades Cut-Off or on Village Parkway, there would be nothing to stop the
City from allowing additional bridges to be put across Canal 24. We have no say because as
they have told us time after time, we don't vote down here. So what we are asking you to do is
don't connect us with that City at all. Don't connect us with another DR!. Let the Reserve DRI
stay the way it was originally approved, the way it stands today. When _ about Field of
Dreams and the mitigation and all of that, we would like to address that at a future opportunity.
We don't want to go into all of that now. I just say that it was our understanding that the land
that's being proposed for Field of Dreams was part of the Reserve DRI mitigated uplands. So
why is it being used to take care of PGA South. If they want that type of facility, then put it in
the 50 acres down at PGA South that they had set aside. We're more concerned about the traffic
and a lot of other issues with that, but I know you will give us an opportunity to address later.
They said between 800-1,300 homes- I'll use 1,000 homes to make it easy - being as I'm a
math teacher. 1,000 homes added to two roadways. A traffic engineer I spoke to said one home
generates ten trips. In the Kolter report, their engineer said one home generates 11 trips. If you
can just imagine 1,000 homes would generate 10,000 trips a day. I know the people that will buy
lots in the Lakes are not aware of that. Can you imagine if only half of them go that way - 5,000
more cars passing your driveway and on the Lakes those people who have to back out because
their lots are so small. So they are backing out to an additional 5,000 cars. Plantation Lakes
Drive and Saddlebrook. There is into Saddlebrook that doesn't extend. It never extended
on any of the maps that we received when we bought our homes. Never extended. A number of
people and Oak Hill purchased lots at the end of their cuI dë sac. Unfortunately for
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them, they did not get in writing what the real estate agents promised them. Promising them that
there would be nothing built behind them and those individuals paid a $20,000 premium for a
home located where there would be nothing behind them. Now they will have six additional
spec homes behind them. They paid extra money not to have that. We had four meetings with
Kolter and I apologize to you Commissioner Hutchinson for not getting back to you regarding
mediating our meetings. I did offer to try and sit down with Kolter and the residents, but we've
been trying to do that ourselves with our issues. We've given them many opportunities and
many suggestions to come back to us on how they could work things out. As far as last week,
we were supposed to have an answer on the issue. Still have not been corresponded with. So
our interest is to come and plead with you folks. Help us out. Just drive a line with the old DR!.
We'll be happy. You'll be happy because we won't be out here badgering you anymore. I don't
know if the developer would be very happy, but he can still sell their homes because they are a
good developer. And they are not totally the bad guys, they just have an interest - as my
husband said - fiduciary responsibility. Their interest as builders is to be able to build their
houses. They don't want to have to put that infrastructure in in order to get to . But as
controllers of our homeowners association, their fiduciary responsibility should be to us the
homeowners. And we don't live by those connections whatsoever. Thank you for attention.
We just hope you very seriously take our comments into your heart.
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Response of Reserve Homes, by John Csapo:
I'd like to take a couple of minutes just to address some of the comments that were made
here and a couple of instances try to set the record straight. Thomas could you put up the map
that shows PUD 3. One of the things that seems to be at issue is that while we are reducing the
original Reserve DRI to 3,200 units, we are adding back 900 by virtue of the land north of the C-
24 canal. And that's true. If that were to all be one association that would move back up to
4, I 00 units. One thing relating to the south connection at Champions, Mr. _ mentioned that
all these units would be moved down from the north. In fact, this area that D~nnis has outlined
as PUD 3 was originally approved for 1,946 units. The current plan that exists with your PUD 3
is for 1,250 units. We've deleted 696 units from that PUD. And of the 900 north of the C-24
canal, in essence 700 of them are coming from units that's deleted from that PUD. And
secondly, all of those deleted units ultimately run out onto Champions Way as their .collector
road. So I'd like to get that issue straight. Another thing that was mentioned was that there was
no traffic study done for the Island Club. The Island Club would be a private club for residents
of PGA Village or for purposes of clarity let's call it the Reserve. But it would be a club for
those people. So that will all be internal traffic that will go to that club. Another thing that was
mentioned and Mrs. Handler is right - our answer to the _ north of the canal coming into
their association, there are 900 unit holders that will ultimately live there that will pay
association dues. Absent those people, the 2,700-acre Reserve Association would have 3,200
people paying for the infrastructure, much of it old, on that 2,700 acres. These 900 people would
be about 25% of the overall budget for the PGA Village homeowners association if they are
added in. There were some comments relating to pedestrian and. bicycle and jogger safety along
Plantation Lakes Drive ifthis connection were made. We have had - as you were told - several
meetings with our residents and one of the things that we did commit to was that if this
connection were made that we would make pedestrian improvements to Plantation Lakes Drive.
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We would add a sidewalk. The intersection was mentioned that has a dangerous condition. We
agreed to improve that intersection to the extent that we had land available to redo the geometry
of the intersection. Certainly put signage up and try to clear the lines of sight. So we have
committed to try to take care of these issues as they relate to pedestrians. One other thing I did
want to clear up is that certain of the "arrogant" comments that were made at the City Council
meeting were not made by Kolter representatives. I'd rather not comment as to whether they
were arrogant, but they were not made by us, so I wanted to make that clear. And I appreciate
your acknowledging that.
We spent a lot of time here today and got a lot of input and I think it seems as though the
bottom line is that from a technical standpoint, these connections seem to be proper - probably in
vacuum they are good planning and would be required. Unfortunately, we don't operate in a
vacuuII).. Weare operating in a era of growth and growth brings with it certain inconveniences.
We believe that these two connections will not put anywhere near the traffic on these roads and
we have put a traffic report in front of you and we have a synopsis here, but as Dennis said there
is a much larger traffic report that accompanies the NOPC. We'll try and we'll continue to try
and work with the residents with some of their comments and we'll try to address some of their
solutions. We believe the connections are appropriate. They have been on this plan since we
filed it in October of 2002 and various of the as I said the commenting agencies, DOT, Treasure
Coast, DCA, nobody has had a problem with them. I realize again that's because technically
these are correct. And there is a quality of life issue to be addressed, and we'll try to work with
the residents to address those. The northern connection, we can address them by making it more
pedestrian friendly and improving the intersection. The south connection - as I said - the
majority of those trips were already approved in the Master Plan as it was. So respectfully, we
appreciate the residents coming here, but I know we have other public hearings and to the degree
that we could work with them to maybe find a solution, we'll try to work with them, but we do
believe these connections are appropriate. Thank you.
-----------------------------------------------------------------------------------------------------
Public Comment:
My name is . I live in the Reserve. I don't have a prepared comment, but
from hearing the comments of other residents I think somebody addressed the walkers. Now you
know there are mostly elderly in the Reserve. They walk 20 minutes to half an hour a day.
There is no place for us to walk. The streets are "narrow. They won't let us walk on the golf cart
path on the golf course, so we have to walk around the cars. Now there is going to be 10,000
extra cars a day. We are going to get killed. Kolter said that they are going to improve the
sidewalks. This is the first time I hear about sidewalks. . I'm a retired civil
engineer. The pavement is usually designed based on number of cars per day.
were never designed for the expected traffic. . Weare going to be stuck with
the bill to pay it after Kolter is gone. If they want to build those extra connections, they should
improve those roads, redesign them, strengthen them, widen them. Speed limit is 20 miles per
hour. There are no passing lanes. You are going to have 10,000 cars . It's going to take
forever to get through our homes to the gates. I wish I could just address those points. Thank
you.
14
Transcription from 1/15/0451. Lucie County
Work-Shop Session Commission Meeting
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COMMISSION REVIEW: January 15,2004
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: January 12, 2004
SUBJECT: PGA Reserve! Development of Regional Impact - Development Order Review
The. Boarq of. County Commiss!oQ~rs. hasa~ked that.summary update as to· the status of. the
Development Order for the Rësfirtii1 (W'a PGA Rss8rVe), e{ Developm:ènt of Regional Ihlpact:· Fòr
your review, I have attached a copy of Resolution 98·100, which Is the most up to date version of the
Final Development Order affecting this projéct. The Table below summarizes the status of each ot
the conditions In this Resolution.
66~d~ti~ri
Numb'é'f.:· .
I.f_:'~:···i:··~..'~~~"~~·.:~·,,,:. .
1
3
4
5
.6
7a
7b
7c
8
9
10
'1
12
2
·~~i~;¡;;~· ¡;~;~- "" '~IiIfli},
This !s a recitation of facts related to' the development review of
this 0 ect. ..
This condition sets "must start b'l' and -must be comple1e by"
dates. .
The tri er condItions havs' not t been reached.
January 12, 2004
Page 2
Subject: PGA Reserve! Development of Aegionallmpact-
Development Order Review -
. .~~ii~~~~~~i:~~¡r,ft&~~:~::::.;·~.;;¿;!~~t;j~r4.t~<I~;~:~f~~;~~%~~?f~·!'·'; l' '¡::J~~ib;~
'N¡¡¡m~~~i~~' ~"··'\·~·';i'..r·..I., . ..,.., .or-,'. ."':tv .:¡¡".,~ .....Jî..¡.... ,~~.
¡::~:·~~~··~..¿·fi,;;=·(~t ..~~:'~::~~~~~~:t:. i;~~Bt~:~:&::,·~\~~t.f~:~~·~~~~~·: .~;:,·.~í\:(.~~,~ '..~'
13 Onaolna
14 Comoleted
15 Ongoing The developers have provided a plan/map that indicates the
- location of the required 490 acres. It appears that this condition
Is being complied with. Final review by the Co1Jnty's I--
Environmental Resource Division of aJl documents Is underwáy.-
Anal determlnation of comDliancel noncomorlal'lCe is forthcoming
1B Oncainc
.
17 , OFIa.ö.ii'iCl:·' . " ..
17a OnÈlöjnc
.'
18 Oicioiria
19 OriöainCiJ
20 Ooòóiha'
..
21 Oi1dairia
22 OntJølna
23 . Cori'rt>Jeted
24 Oriaoina
",
25 OliOoiriCl
Oiidoinc '.
26
''C'
27 ComDleted
28 On"""r,.;
29 OriQOÍnc f--
30 Ondoine
-
31 Onooina
32 OnäoiM
33 O.riaoina
34 Oncoiha
,
35 Comoleted
36 Onoolno
37 Onaoina
*
January 12., 2004
Page 3
Subject: PGA Reservaf Development of Regional Impact -
Development Order Review-
;· '~;I.· .¡,......::.;...¡...;.; ,:' .;.;":.,I*;~"'::' ~~...:. .~. ~'.:'-:'...:,:;.,;..~,..~.(:"'""... ',:..... :...¡.,...:,...~~.....~.; -.:..', .' '¡':~\' .",:. ..' .'
.~IIt{}~¿~'''· .. ···:it!li(!it~~~fiIt~~\f~;.;.;:i;Š·;:;~\:;,:¿:;
38 . Onaoino .
39 Onoolno
40 Onoolno
.41 Onaoino
42 OhQoina
43 CårbDléted
42 Oi'loolnö .
./.~ ~'~,r!.~Ií~~..f·..'~·
43 Oilaoina
46 Not yet completed
47
Partially Satisfied
48
49
Onao!no
Ongoing
50
51
52
Onooina
Onaoina
Partially Satisfied
53
Part1ally Satisfied
'.
'.
Th~ developers.. are proposing to amend this condition to tj
eliminate the n umber of parcels (the gross acreage remains the 7-
same) and to provldØ seed money {or improvements} to the
Homeòwners AsSQçlation.
-
The developers did submit a report several year& ago that
addressed thÎS coriditíon. HoWever, the' deve10psrs are now
seëking taallmínate this condition since a sJrnUar conditlan was
jlJ~t 4r-o !lp~d out of the Sl Lucie West Development Order and
the: rootneedfQr this condition has chanaed over time.
The', developers àJ'e proposing to amend th\$ conditlon to
eliminate: the. dedication requirement since the Fire Departrrient
haS' not reC uEiSted any sites from the fire department. The
balance of this condition needs 'to be amended to reflect the
effect of theOountY's adoDted Impact fees. . .
.
Final. alignments for the extension of Prima VISta Boulevard
(aJkIa St. Lucie. West Boulevard) were approved as part of the
revised Preliminary Planned Unit Development Plans approved
by th~ Båard In the mid 1990's. Conveyance of thè right-of-way
south of the immediate extension of Prima VIsta BoUlevard. west
of 1-95 is to be done as part of the final plat processing for ptJD
III at the. ReServe.
Final alignments· for the extension of Prima Vista Boulevard
(allele. Sl Lucie We$t Boulevard) were approved as part of the
revised. Þreilminary Planned Unit Development Plans approvad
by the Board In the mid 1990's. Conveyance of the right-of-way
south of the immediate extension of Prima VIsta Boulevard west
.,
January '2.,2004
Page 4
Subject PGA Reserve! Development of Regional Impact -
Development Order Review -
~Î~f4:!!;.;:%j~~1~¡~:C'~i;;;¡;{'_~~dj~~f~;j~
53a Ongoing
53b Comleted
54 Com leted
55a Completed
55b
S5e
56
57
Completed
Not Yet Applicable
of 1-95 Is. to be done as part of the final plat processing for PUD
III at the Reserve.
The developers are proposing to amend this condition to change
the land use matrix tables.
The devðlopers of the Reserve have posted the required security
to prQvldè'far. the cjtèd Improvements'. Initial contributions from
tha~ de..Yf!f~$1::· w~~ . µ~ed .to... prçvlçJe. tor,.. ,lnterlm....aig.l'1a1.
iñ'Tpi'ÕV~~& preViOusly" comPle1éd' åf thIS' 1n1el'S'ëcfJdrt.
Add!tlona1l~e Improvements have been folded Into the general
rèCOi:tsti'i:Jdt1ör:! of this lr.JtersectJon nowunderwa ' .
.;. ....'.;.... .
The devefopérs of the Re$èrve have posted thé requited security
to provld. fer thê cited impr$:>vements:. Inltfal contribut1ons from
ths' . developer were used to proVide, for interim signal
Impi'Ov8.fJJønts·· previously completed at this inteJ'S'e¢lon.
AddltlQliallane Improvements have been folded Into the general
reeonsinJét1on of this intersection now underv.ia .
reached in non-
58 Not Yet Applicable
59a
59ë
60a
60b
61 A
62
Not Yet Alloabls
Completed
Partially
Completed
Not Yet
, Not Yêt
Not Yet
The,tri' sr condition has not et bèen reached for all cat orIes.
, The trigger condition has not yet been reached for aU categories;
however, the required improverpents have been cpmpleted, by
ötliëiS. .
The trigger condition has not yet been reached for aD categories;
hoWever, the requIred improvements to Peacock BlVd. have
bean completed. by others. Improvements to Prima Vista Blvd
(aMA St Lucie West Blvd.) Have been partiany completed-
missln U:19 D1lrd throu h lanes cited In this condition.
Ucable
IIcabls
er condition has not
aT condition has not at been reached for aD cat
licable The t " er condition has not et bean reached for all cat
January 12, 2004
Page 5
Subject: PGA ReseNe! Development of Aegionallmpact-
Development Order Review -
.:: .;.:\,::.", .,.. _ '. . ,.0": .:....'.;,;.:., . .... '~'.':'.'.: G·~:."'·1':::~:p:·::'·\:. ". ;, '.<: . :A,·,·; ¡;·.:.·t¡f;:~~~;;;t¿ '~·:i·; 'j~::',.:., :',-.::' .,.~ ",'; : '-' . .. ;~'.,: "':.:
..~I~t;~;ß~~~iiflil~~Æ~~;;"·''''·<t~·\$~t~¡~\l~!Ç~i
63'(A} Not Yet Applicable The trigger conäl1:ion has not yet been reached for an categories;
howe.ver; there is InsuffICient row to meet all lane reauirements.
63(8) Not Yet AODtlcable The tríoaer condition has not vet been reached for all cateaories.
63(C } Not Yet ADDlicable The trlager condition has nofvet been reached tor all cateaorles.
63(D) Not Yet Appticable The triggØr condition has not yet been' reached for all catègorles
however; the required Improvements are being completed, by
other.5.
64 Not Yet ADDllcable The maåer cörtditlon has not vet been reached for all categòrles.
,þ" :.........:.....~. ~"""":" ," '.,; _.:... . . .
" .~.
65 ." NofYêt AbØlldábl¡ c-"tffë?tiidö'ji'êðñCKlbfi há$' notWt ööèriteàcbedfótãll ~õrlfi;
" .....>!.,: ,~
66A Completed Irite"fsøCa.<?n d~lgn has been modified from a traditional four-
PO!~JntèrS~tioii, to a traffic rotary that meets the same
iriimvëriiênt obJiaatlons.
668 Ongoing Signal W8,!rarlts ha.vénot been m'9et for paragraphs (a} aDd (b).
Slgnal warrant' have been meet fOT paragraph (d) arid are
periôlpQ for paragraph (0). Developer is seekirig final permits for
slQriJl,at' $S; off-tamp. Interim signal improvements are
sêhéddlBd tå M In'olaee by}ate Februarv 2004.
. .
67 Not YetÄDoilcâble Tha·tHdaer.CiJ£ldltlonhas not vet been reached fOr aJI œtøcötles.
68 Not Yet AnQfiéable Thè ttiOgêr condition has not vet been reached for all cawcories.
'. . ., .
. . . '
69 (A) Not Yet Appñcâble Th'trigg~CQndltìon hà9 not yet been reached fot aJl catøg(;)rles.
Iniersè.Ctlot.i: d~gn hæ been modified from a traditional four-
point- ¡riters~tIOr1, to a traffic rotary that meets the. same
¡mprQ~me11t obligations. The' required works' have been
comlileted bv others.
..'. .
69(B) Not Yet A'DDlicable . Thè trìocier conditIOn has not yet been reached for air è-mKmrleS.
69.(C\ Not Yet ADDflcable The trlaaer condition has not vet been reached for all cat9c1orles.
..:. ., . .
69(0\ Not Ya1 AonllcabJø . The triMer condition has notvet been reached for all ca.tèOOrles·.
69(!:) Not Yet AOoJlcable The 1riader conältlon has not vet been reached for aU cateaoríes.
69(F) Not Yet ÄOi:iÍiCatiliJ , The trlager condition has not vet been reached for an cateåorles.
69lG) . Not Yet J\iJDllcab1e' The trlQQer condition has not vet been reached for all cateaories.
69(.H) Not Yet Aocticable The tñoaer condition has not vet been reached for all categories.
70 Onaoina
71 Onaoina
72 Completed The reauired imDrovaments have been com Dieted. bvothers.
January 12. 2004
Page 6
Subject ÞGA Reserve! Development of Regional Impact -
Development Order Review -
73
74
75
76
77
78
:·.,q~ã.~,í~~·'i/·::.~ ...~<i~/·~;Ji;t.~{;~~"L~ff!i5~t~~~f*¿þ1'~;{'
'·N· "~"".i'I:::...~...., ......... $;~tl,JS:......... '''!i';,;
3~~~~.~~~~tt':~,):·~,f~:;~~~·~·~\~~}f:t~~~J;~~~~:r~
With the recent addition of the PGA Villages DRI, located in the City of Port SL Lucie, there are two
Internal street connections that will be provided as part of the development of the parcels south of the
existing PGA Reseive. These Internal street connections are shown In the attached Figure 1 (Map H of
the PGA Villages DR I). Theså internal street connections are consistent with the basic design and traffic
circulation requirements set out in the Countÿs Land Deve10pment Regulations and Còmprehenslve Plan
(specifiCally Policies 1.1.8.1 and 1.1.8.2). Attached is a copy of a memo sent to you In November that
addresses the traffic impacts of the proposed middl~ connection (Saddlebrook Drive).
If after reviewing this Information, the Board would like additional detail on any item outlined above,
please let me know.
SUBMITTED:
Dennis J. Murphy, AICP
Community Development Director
DJM
RESERV18(H)
cc: County Administrator
Asst. County Admin.
County Attorney
Asst. Commuolty Dev. Director
Public Works D1rector
County Engineer
Road & Bridge Manager
Scott Morton
S1. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
OCTOBER 3. 2006
TO WHOM IT MAY CONCERN:
NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County
Land Development Code and in accordance with the provisions of the St. Lucie County
Comprehensive Plan' that the following applicants have requested that the S1. Lucie
County Board of County Commissioners consider the following request:
St. Lucie County to Consider Amending or Rescinding Resolution No. 04-081, which
amended Resolutions 89-73, 91-228, 93-061, 93-125,95-195,97-023,97-086, and 98-
100 approving a Seventh Amendment to the Amended Development of Regional Impact
Known as The Reserve, for the following described property:
..
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 degrees
23'26" East, along the South Line of Said section 15, a Distance of 812.97
Feet to the Point of Intersection with the Westerly Line of a Parcel of Land
Described in Official Records Book 514, Pages 237-239, Public Records of
St. Lucie County, Florida; Thence North 44 degrees 46'07" East, along the
Westerly Line of Said Parcel of Land, a Distance of 1393.92 Feet to the Point
of Intersection witt- 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. O. Team Industrial Park Unit One the Following Courses and
Distances:
North 45 degrees 13'33" West, 660.03 Feet to the. Point of Intersection with
the Easterly Right-of-way Line of the Florida East Coast Railway; Thence
North 44 degrees 45'58" East along Said Easterly Right-of-way Line, a
Distance of 120.00 Feet; Thence South 45 degrees 13'53" East, 510.04 Feet;
Thence South 63 degrees 39'59" East, 158.11 Feet· to the Point of
Intersection with the Easterly Line of a Florida Power and Light Easement as
Recorded in Deed Book 198, Page 1040, Public Records of St. Lucie County,
Florida.
Thence South 44 degrees 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 degrees 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 89 degrees 29'01" East, along the Northerly Line of
Said Plat of Port St. Lucie Section Forty Four, a Distance of 112.97 Feet to
the Westerly Line of a Florida Power and Light Easement as Recorded in
Official Records Book 90, Page 71, Public Records of St. Lucie County,
Florida; Thence South 00 degrees 21'26' West, along the Westerly Line of
Said Florida Power and Light Easement, a Distance of 3975.26 Feet to the
Point of Intersection with the NO.rth Line of Said Section 23; Thence North 89
degrees 23'16" East, along Said North Line of Section 23, a Distance of 33.09
Feet to the Point of Intersection with the Westerly Line of a Florida Power
and light Easement, Recorded in Official Records Book 97, Page 504, Public
Records of St. Lucie County, Florida; Thence South 00 degrees 00'15" West,
along the Westerly Line of Said Florida Power and Light Easement, a
Distance" of 5305.53 Feet to the Point of Intersection with the North Line of
Said section 26; Thence South 00 degrees 00'02" East along the Westerly
Line of a Florida Power and Light Easement Recorded in Official Records
Book 120, Page 199, Public Records of St. Lucie County·, Florida, a Distance
of 2,898.15 to the Point oflntersection 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 degrees 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 degrees 15'37"; Thence South
59 degrees 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 degrees 25'38"; Thence South 20 degrees
35'02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the
Northwest, Having a Radius of 131.00 Feet, Thence Southwesterly along the
Arc of Said Curve 149.3~ Feet, Through a Central Angle of 65 degrees
19'11"; Thence South 85 degrees 54'13 "West, 388.39 Feet; Thence South 05
degrees 58'06" East, 64.11 Feet; Thence South 89 degrees 54'13" West,
300.01 Feet; Thence South 00 degrees 05'47" East, 140.00 South 05 degrees
46'23" West, 64.11 Feet; Thence South 86 degrees 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 degrees 43'45", to a Point of
Compoun~ Curvature of a Curve Conc~ave. to the Southwest, Having a
Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Said Curve, a
Distance of 60.04 Feet Through a Central Angle of 02 degrees 39'23" to the
Point of Intersection with the Westerly Line of a Florida Power and Light
Easement Recorded in Official Records Book 97, Page 504, Public Records
of St. Lucie County, Florida; Thence South 00 degrees 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 degrees 35'29" East, 1849.11 Feet; Thence South 06
degrees 37'22" West, 631.95 Feet; Thence South 12 degrees 26'07" West,
640.99 Feet; Thence South 19 degrees 28'36" West, 683.65 Feet; Thence
South 79 degrees 27'56" West, 55.51 Feet; Thence South 10 degrees 32'03"
East, 50.00 Feet; Thence North 79 degrees 27' 56" East, 55.39 Feet; Thence
South 40 degrees 32'32,í East, 146.64 Feet;
Thence South 23 degrees 34'44" West, a Distance of 422.42 Feet; Thence
South 89 degrees 52'17" West, 1527.70 Feet; Thence North 40 degrees 43'16"
West, a Distance of 1216.31 Feet; Thence North 40 degrees 04'45" West, a
Distance of 95.12 Feet; Thence North 44 degrees 07'10" West, a Distance of
365.54 Feet; Thence North 44 degrees 39'44" West, a Distance of 213.66 Feet;
Thence North 48 degrees 38'45" West, a Distance of 475.89 Feet; Thence
South 61 degrees 51'31" West, a Distançe of 188.61 Feet; Thence North 66
degrees 42'00" West, a Distance of 79.81 Feet; Thence North 43 degrees
42'56" West, a Distance of 2428.68 Feet; Thence North 44 degrees 56'04"
West, a Distance of 1054.01 Feet; Thence North 44 degrees 47'33" West, a
Distance of 636.86 Feet to a Point of Intersection with the Easterly
prolongation of the Southerly Line øf the Plat of Sabal Creek Phase IV,
re'corded in Plat Book 34, Pages 17 and 17A, Public Records of Said St. Lucie
County; Thence North 43 degrees 08'40" West along Said Easterly
prolongation and Said Southerly Line, a Distance of 1026.67 Feet; Thence
North 43 degrees 34'56" 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 1C, Public Records of Said St. Lucie County and the Westerly
prolongation of 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 degrees 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 00
degrees 36'34" West, along the West Line of Said Section 15, a Distance of
110.12 Feet to the Point of Intersection with the South line of Said Section 15
and the Point of Beginning."
Containing 2,680 Acres More or Less.
(location: Northeast corner of the intersection of Interstate 95 and Reserve
Boulevard
(PLEASE PLACE MAP HERE)
All interested persons will be given an opportunity to be heard. Written comments
received in advance of the public hearing will also be considered. Written comments to
the Board of County Commissioners should be received by the Growth Management
Department - Planning Division at least 3 days prior to the scheduléd hearing. The
petition file is available for review at the Growth Management Department offices
located at 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Please can 772/462-2822
if you have any questions or require additional information.
The proceedings of the Board of County Commissioners are electronically recorded.
PURSUANT TO Section 286.0105, Florida Statutes. if a person decides to appeal any
decision made by the Board of County Commissioners with respect to any matter .
considered at a meeting or hearing, he will need a record óf the proceedings'. For such
purpose, he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based. Upon the request of any party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding will be granted an opportunity to
cross-examine any individual testifying during a hearing upon request. If it becomes
necessary, a public hearing may be continued to a date-certain."
Anyone with a disability requiring accommodation to attend this meetin~ should contact
the St. Lucie County Community Services Director at least forty-eight (48) hours prior to
the meeting at 772/462-1777 or T.D.D. 772/462-1428.
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS.
ST. LUCIE COUNTY, FLORIDA
IS/DOUG COWARD, CHAIRMAN
PUBLISH DATE: SEPTEMBER 18, 2006
18 pt type for heading
No smaller than 2 column inches wide by 10 inches long
Send Proof to:
Send Bill to:
St. Lucie County
Growth Management Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone· (772) 462-1585
Fax ~ (772) 462-1581
St. Lucie County
Growth Management Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone - (772) 462-1585
Fax - (772) 462-1581
BOARD OF
COUNTY
COMMISSIONERS
GROWTH
MANAGEMENl
September 22, 2006"
Joe Smith
1800 Anywhere DR.
Anywhere, FL 34982
USA
In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie County has
petitioned to Consider Amending or Rescinding Resolution No. 04-081, which amended Resolutions 89-73, 91-228,
93-061, 93-125; 95-195, 97-023, 97-086, and 98-100 approving 'a Seventh Amendment to the Amended
Development of Regional Impact Known as The Reserve, for the following described property:
Location: Northwest corner of the intersection of Interstate 9S and Reserve Boulevard.
THE PROPERTY'S LEGAL DESCRIPTION IS A V AI~ABLE UPON REQUEST
The public hearing on tile petition will be held at 6:00 P.M., or as soon thereafter as possible, on October 3, 2006,
County Commissioner's Chambers, SL Lucie County Administration Building Annex, 1300 Virginia Avenue, Fort
Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comme!'1ts received
in advance of the public hearing will. also be considered. The County Planning Division should receive written
. comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing.
County policy strongly encourages your input and comment at public hearing of this matter before the Planning and
Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We
encourage you to speak at the.se public hearings, or provide written comments for the record.
The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any
deci~ion made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing,
he will need a' record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the
request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the
proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it
becomes necessary, a public hearing may be continued to a date-certain.
Any~me with a disability requiring accommodation to attend this meeting should contact the St. Lucie Cou'nty
Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772)
462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner.
Please call (772) 462-2821 if you have any questions. .
Sincerely,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Doug Coward, Chairman
JOSEI'll E SMITH. Districl Nt). I . DOUG COW ARD. Dimic\ No.2. PAULA A. LEWIS. District No.3· FRANNIE IIUTC! IINSON. District No.4
. CHRIS CRAFT. District Nil. 5
County Administrator - Douglas M. Anderson Website: www.co.st-lucieJI.us
2300 Virginia Avenue - Fort Pierce, FL. 34982-5652
Administration: (772) 462-1590 Planning: (772) 462-2822 GISlTechnical Services: (772) 462-2822 FAX: (772) 462-1581
Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1 (800) 344- TGIF FAX: (772) 462-2132
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RESOLUTION NO. 06 - 316
A RESOLUTION AMENDING RESOLUTION NO. 04-
081 WHICH RESOLUTION AMENDED
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RESOLUTIONS 89-73, 91-228, 93-061, 93-125,
95-195, 97-023, 97-086 and 98-100, APPROVING A
CORRECTED SEVENTH 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:
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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.
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2. Callaway Land & Cattle Company originally proposed to construct 4,100 dwelling units;
1,600,000 square feet of industrial space: 290,000 square feet of retail space; 100,000 square feet
of office space; and 250 hotel rooms, constituting a Development of Regional Impact on thè 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.
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3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie
County having jurisdiction over that portion of this project located in the unincorporated areas of
St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to
consider Applications for Development Approval for Developments of Regional Impact.
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4. On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of
which due notice·was published in the Ft. Pierce News Tribune, and recommended to this Board that
the Development Order approval for the Development of Regional Impact known as The Reserve, be
granted.
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5. The Board of County Commissioners of St. Lucie County, Florida, on the 15th day of
December 1988, held a public hearing on the Development of Regional Impact Application for
Development Approval for The Reserve, and has heard and considered the testimony taken there at.
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1 6. At this public hearing, and following its closure, the Board of County Commissioners
2 continued any further action on this application until Tuesday, De<;:ember 20,1988.
3 7. On Tuesday, December 20, 1988, the Board of County Commissioners removed from the
4 table, the request of The Reserve Development of Regional Impact, for Development Order
5 approval.
6 8. The Board of County Commissioners of St. Lucie County, has received and considered the
7 assessment report and recommendations of the Treasure Coast Regional Planning Council.
8 9. On December 20, 1988, the Board adopted Resolution No. 88-357,' effective December 28,
9 1988, granting development order approval to The Reserve.
10 10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the
11 County's Development Order to the Florida Land and Water Adjudicatory Commission.
12 11. In March of 1989, representatives of the new project developers and the Treasure Coast
13 Regional Planning Council reached a settlement in regard to the items under appeal and the amended
14 Development Order, resolution 89-73, reflects that settlement.
15 12. On March 14, 1989 this Board granted approval to Resolution 89-73, effective March 21,
.16 1989, which amended the approved Development Order for the Development of Regional Impact
17 known as The Reserve, and at the same time repealing Resolution 88-357.
18 13. On November 12, 1991, this Board granted approval to Resolution 91-228, which amended
19 Condition Number 55 of Resolution 89-73, the approved Development Order for the Development of
20 Regional Impact known as The Reserve.
21 14. On January 22, 1993, Callaway Land and Cattle Company filed a Notification of Proposed
22 Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida
23 Statutes for a second amendment to Resolution 89-73.
24 15. On May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a
25 second amendment to Resolution 89-73, the approved Development Order for the Development of
26 Regional Impact known as The Reserve and determined that the proposed amendments did not
27 constitute a substantial deviation to the original Development Order.
28 16. On July 27. 1993, this Board granted approval to Resolution 93-125, which provided for a
29 third amendment to Resolution 89-73. the approved Development Order for the Development of
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1 Regional Impact known as The Reserve and determined that the proposed amendments did not
2 constitute a substantial deviation to the original Development Order.
3 17. At the time Resolution 93-061 was approved by the Board, the approval was conditioned
4 upon the applicants. Callaway Land Cattle Company, filing with St. Lucie County. The Florida
5 Department of Community Affairs and the Treasure Coast Regional Planning Council a Notification
6 of Proposed Change to a Previously Approved Development of Regional Impact for the purpose of
7 reviewing the upland/wetland mitigation, transportation and any other related conditions effecting·
8 the development of this project by November 23, 1993. The Notification of Proposed Change was to
9 include the comments/issues presented at the developer's pre-application meeting held with the
10 Treasure Coast Regional Planning Council on November 18, 1992 from which there had not yet been
11 any official filing of proposed amendments.
12 18. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change
13 to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes
14 for a fourth amendment to Resolution 89-73.
15 19. On September 21, 1995, the St. Lucie County Local Planning Agency/Planning and Zoning
16 Commission held a public hearing, of which due public notice was published in the Port St Lucie News
17 and the Tribune on August 17, 1995 and August 31, 1995 on the proposed amendments to-Resolution
18 89-73, as previously amended.
19 20. -On October 17, 1995, this Board held a ·public hearing, of which due public notice waS
20 published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995 and
21 September 26,1995 on the proposed amendments to Resolution 89-73, as previously amended.
22 21. On October 17, 1995, this Board granted approval to Resolution 95-195, which provided for
23 a fourth amendment to Resolution 89-73, the approved Development Order for the Development of
24 Regional Impact known as The Reserve.
25 22. On May 17, 1996, the Florida Department of Community Affairs filedwith the Florida Land
26 and Water Adjudicatory Commission and Notice of Appeal of théapproved Amended Development
27 Order for the Reserve (FLWAC Case No. 96-010).
26 23. On December 16, 1996, the Florida Department of Community Affairs and the developers of
29 The Reserve, Callaway Land and Cattle Company, Inc., entered into a Settlement Agreement for the
30 purpose of addressing the issues raised under the Department of Community Affairs appeal of the
31 approved Amended Final Development Order for The Restrve (Resolution 95-195).
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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.
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26. On May 5, 1998, Callaway Land and Cattle Company filed a Notification of Proposed Change
to an Approved Development of Regional Ìmpoct. pursuant to Chapter 380.06(19), Florida Statutes
for a sixth amendment to Resolution 89-73.
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29. On April 20..2004. this Board held a public hearing. of which due public notice was published
in the Port St. Lucie News and the Tribune on April 9. 2004. on the proposed amendments to
Resolution 89-73. as previously amended. On D~ccmbcr 6, 2005 October 3. 2006. this Board held a
public hearing. of which public notice was published in the Tribune on September 18. 2006.
* :::'0 be!;.,.. tn.t "!'pro.i"!! this ,e,.nth o",eno",ent to the A",endeo Finol
~=~~p,;",: ;' dcr for n.. Rue"e ¡, in the boot i"t.....t of the ~i~ fIeo~t~, ~~= ,,:;b::
t: f h. citiuns of St. Ll1dt: cotlnt'f, Florida, and hrtku that tk~ p~opðscd amt:"dmt:nt3 do
not constittltt: a 3t1bstontiol d~·,iotion to tht: original Dt:vt:l0l'mr:nt ordt:r, as ðlTlt:nded.
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1 30 -t The Board of County Commissioners continues with the following ,amended FINDINGS of
2 FACT and CONCLUSIONS of LAW with regard to the Application for Development Approval as
3 cited in Resolution 89-73:
4 AMENDED fINDINGS Of fACT
5 A. The proposed Development is not in an area of Critical State Concern as designated
6 pursuant to the provisions of Chapter 380.06, Florida Statutes.
7 B. The State of Florida has not adopted a land development plan applicable to the area in which
8 the proposed Development is to be located.
9 C. On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and
10 recommendations on this ~evelopment pursuant to Chapter 380.06(12)(a), Florida Statutes.
11 D. On August 25, 1995 the Treasure Coast Regional Planning Council issued a report and
12 recommendations on the Notification of Proposed Change to a Previously Approved Development of
13 Regional Impact (The Reserve) pursuant to Chapter 380.06(12)(a), Florida Statutes.
14 E. On June 4, 1998 the Treasure Coast Regional Planning Council issued a report and
15 recommendations on the Nåtification of Proposed Change to a Previously Approved Development of
16 Regional Impact (The Reserve), filed May 5, 1998 pursuant to Chapter 380.06(12)(0), Florida
17 Statutes, and determined that the proposed changes to the Final Development Order for the
18 Reserve would not constitute a substantial deviation to the previously approved Development Order.
19 E. The Treasure Coast Regional Plannina Council hös advised the County that it hods reviewed
20 the corrected seventh amendment Notifi~tiol"l of Propo3~d Chol'lgl. to ð Pr~·.iou31)-:- l.ppro.~cI
21 D~·.l.loprnt.l,t of RC.9iol"lol Impad for 1'h~ R~l.r..c. DRI, filed 1.1:191:131' 2003. pursuant to Chapter
22 380,06(19)(f)(4). Florida Statutes. and determined that the proposed changes to the Final
23 Develo ment Order or the Reserve RI would not create si ni icant re ional im acts not
24 ~reviously reviewed.
. 25' G. The proposed Development is consistent with the local comprehensive plan, development
26 laws and regulations of St. Lucie County.
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13 L The applicant has agreed to withdraw the request for Parcel 38 and not refile the request in
14 the future.
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20 k The R ¡onal Plannin Coun i I has also determined that the ast Plan a H that was
21 provided with the August 22. 2003 NOPC lacked details and is unacceptable. An updated master
22 plan (MaD H) that clearly depicts creserved uplands. wetlands and reQuired buffers and that is
23 consistent in style. form and detail with the Master Plan attached to Resolution No. 98-100 must be
24 submitted and included in the amended development order.
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26 M. The oriainal Resolution No. 04-081 was recorded in OR Book 2270 at page 1483-1549 in the
27 Public Records of St. Lucie County. The County did not render original 04-081 because subseauent
28 to the Acril 20. 2004 hearina but before the County rendered Resolution No. 04-081. the County
29 received credible evidence that the statement in Paragraph 15 of the original Resolution No. 04-081
30 that Ø(t)he developer has preserved a minimum of 490 acres of native upland habitat..." was
31 inaccurate. In addition. the Regional Plannina Council has reauested other chanaes which are
32 incorporated in this resolution.
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34 ~. The Board believes that approving this corrected seventh amendment to the Amended Final
35 Development Order for The Reserve is in the best interest of the public health. safety and public
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1 welfare of the citizens of St. Lucie County. Florida. and further that the proposed amendments do
2 not constitute a substantial deviation to the original Development Order. as amended.
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4 CONCLUSIONS OF LAW
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6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
7 Florida:
8 A. That in a public meeting, duly constituted and assembled on the' 20th day of April. 2004,
9 D£c£I'nbGr 6, 2005 October 3. 2006, Resolution No. 06-316 which amends Resolution 04-081. which
10 amends Resolution~ 98-100. 97-023 (as corrected by Resolution 98-086) which amended Resolution
11 No. 95-195, which amended Resolution No. 93-125, which amended Resolution No. 93-061, which
12 amended Resolution No. 91-228, which amends Resolution No. 89-73, which amended Resolution No.
13. 88-357 granting Development Order Approval to the Development of Regional Impact known as The
14 Reserve, is hereby APPROVED subject to the following conditions, restrictions ond limitations:
15 APPLICATION FOR DEVELOPMENT APPROVAL
16 1. The Reserve Development of Regional Impact Applicotion for Development Approval is
17 incorporated herein by reference. It" is relied upon,. but not to the exclusion of other available
18 information, by the parties in discharging their statutory duti.es under Chapter 380, Florida
19 Statutes. Substantial compliance with the representations contained in the Application for
20 Development Approval, as modified by Development Order conditions, is ci condition for opproval.
21 For the purpose of this condition, the Application for Development Approval shall include- .
22 the following items:
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a.
Application for Development Approval dated July 9, 1987;
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Supplemental information dated December 3, 1987: June 15, 19813: July 22, 1988:
July 29, 1988; and August 12, 1988: and
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c.
Materials dated September 28, 1988: September 3D, 1988: ond October 6, 1988,
which were received by the Treasure Coost Regional Planning Council after the
formal Development of Regional Impact Application for Dèvelopment Approval revi~w
process was terminated by the applicant and local public hearings had been
scheduled.
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Notice of proposed change dated May 25, 1993.
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e.
Materials submitted January 31, 1994, August 5, 1994, and February 3, 1995 with
the Notice of Proposed Change/Substantial Deviation ADA for the substantial
deviation determination.
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Notice of Proposed Change filed May 5. 1998.
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Notice of Proposed Change dated August 22. 2003.
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Resolution 89-73 as reviousl amended is hereb amended to re lect that based
U"on the new anal sis an conditionssetforth in this amended evelo ment Order
the following conditions (from Resolution 98-100) are being deleted and/or amended:
11 Paragraphs 5. 15.46.47.52. 53. 53A. 538. 54. 55A. 55B. 55C. 56. 57. 58. 59. 60.
12 61. 62. 63. 64. 65. 66A. 668. 67. 68.69.70.72.73; 74.75.76.77 and 78;
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14 Paragraphs 5. 52. 53. 54a. 54b. 55A. 55B. 55C. 56. 59b. 60b-2. 60b-3. 64. 66B-d.
15 72.73 and 77.
16 COMMENCEMENT OF DEVELOPMENT
17 2. In the event" the developer fails' to commence significant physical development for any
18 development beyond that authorized in the Development Agreement within three years from the
19 effective date of the Development Order (the earlier of two dates if separate Development Orders
20 are issued by St. Lucie County and the City of Port St..Lucie), development approval shall terminate
21 and the development shall be subject to further development-of-regional-impact review by the
22 Treasure Coast Regional Planning Council pursuant to Section 380.06, Florida Statutes. For the
23 purposes of this paragraph, construction shall be deemed to have been initiated after placement of
24 permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs
25 or footings or any work beyond the ~tage of excavation or land clearing. Phase I shall be completed
26 within twelve years. If not completed within that time, further development shall be subject to
27 substantial deviation review. Project buildout dates and phasing buildout dates reflected in the ADA
28 are extended four years.
29 Termination Date:
30 This development order shall terminate 24 years from the effective date of Resolution 89-
31 73, (March 21, 2013). Any final development plan approvals not yet received at the
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1 completion of this 24 year period will be subject to further review under the provisions of
2 Chapter 380.06, Florida Statues, or as subsequently amended.
3 AIR
4 3. Clearing of specific building sites shall not commence until the developer is ready to
5 construct the building or buildings to be located in that site unless seeding and mulching of
6 disturbed areas are undertaken within 30 days of completion of clearing work. During land clearing
7 and site preparation, wetting operations or other soil treatment techniques appropriate for
8 controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be
9 undertaken and implemented by the developer to the satisfaction of the City of Port St. Lucie, St.
10 Lucie County, and the Florida Department of Environmental Regulation.
11 4. During land clearing and site' preparation, wetting operations or other soil treatment
12 techniques appropriate for controlling unconfined emissions, including seeding and mulching of
13 disturbed areas, shall be undertaken and implemented by the developer to the satisfaction of the
14 City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental Regulation.
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16 HISTORIC AND ARCHAEOLOGICAL SITES
17 Q. In the event of discovery of any archaeological artifacts during project construction, the
18 developer shall stop construction in that area and immediately notify the Division of Historical
19 Resources in the Florida Department of State. Proper protection, to the satisfaction of the
20 Division, shall be provided by the developer.
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22 HABITAT, VEGETATION, AND WILDLIFE
23 Q... Wetlands 1,4,5,6, 10, 15, 16, 26, 33, 38, 39, 52, 61, 61A, 61B, 62,63,64,65,71, 78,80,81,
24 83,84,86,89,91,92 and 93 as permitted and delineated in the' jurisdictional survey and reflected
25 Qn the Master Plan, Exhibit H Ca.k.a. Map H) shall be retained and/or restored if necessary, and
26 maintained in viable condition in perpetuity. The applicant shall obtain required permit approvals to
27 alter/restore these wetlands from the South Florida Water Management District and the US Army
28 Corp of Engineers. To ensure that listed species of the preserved wetlands are not adversely
29 impacted, the permit approval of the wetland alteration/restoration shall be based on coordination
30 with and review by the Florida Game and Freshwater Fish Commission. Any development of areas set
31. aside for preservation or special protection of endangered or threatened plants or animals
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1 designated as endangerèd, threatened or species of special concern, as identified on Map H, shall be
2 subject to development order review pursuant ta Section 380.06(19)(b)16, Florida Statutes. Any
3 alteration or modification to any other preserved jurisdictional wetland that is done consistent with
4 any Federal, State or regional permitting agency shall not constitute a substantial deviation. Such
5 wetlands modification shall be included in the annual Development of Regional Impact status report.
6 Map H in the Development Order shall be amended, for updating purposes, to ensure that the DRI
7 development plan is consistent with the permit modification no later than six months after South
8 Florida Water Management District accepts certification of the surface water management system
9 for the fourth (4th) Reserve Golf Course (PUD II). Viability and maintenance shall be assured by
10 deed restriction, good development and drainage design plan which will include quality control
11 measurès based on South Florida Water Management District's best management practices.
12 Assignment of future preservation and maintenance responsibility shall be to an entity approved by
13. the South Florida Water Management District or designated in Rule 9J-2.041 (9). FAC. This
14 assignment shall occur prior to build-out of the phase in which wetlands occur. Adverse impacts that
15 occur due to factors within the developers' reasonable control, to any of the identified wetlands
16 prior to build-out of this project shall be the responsibility of the developer to repair.
17 Any restoration conducted pursuant to this condition shall be completed in consultation with,
18 and in a manner approved -by, the South Florida Water Management District and/or the US
19 Army Corps of Engineers based on consultation with Florida Game and Freshwater Fish
20 Commission to ensure that preserved wetlands are not adversely impacted.
21 No building permits or certificates of occupancy shall be issued for any part of the Reserve
22 Development of Regional Impact after the effective date of th.is development order (the
23 earlier of two dates if separate development orders are issued by St. Lucie County and the
24 City of Port St. Lucie), until:
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the ditch connecting wetland 61B to the C24 outfall route has been plugged up to
the rim of the wétland; and,
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after January 1, 1997 unless all of the remaining restoration required by this
condition has been completed and approved by the South Florida Water Management
District.
30 7 A. Wetlands 62 and 76 shall be preserved until such time as the Developer has created a
31 replacement wetland in mitigation for these preserved wetlands to be removed. Such created
32 wetlands shall be constructed to' fully replace the functions and values equal to those of wetlands
33 62 and 76. No removal of wetlands 62 and 76 shall take place until the created wetlands are
34 complete, inspected and approved by t-he South Florida Water Management District.
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7B. Any wetland habitat creation permitted under 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.
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8. No final planned development or plat approvals shall be issued after January 1, 1994 until
one of the following actions have been completed: -
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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
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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
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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.
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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.
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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 shall
not be credited towards the requirement that the Developer preserve 25 percent of
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the upland habitat on site, pursuant to Condition 15 except as depicted on Exhibit
'C", a copy of which is to be kept on file with the St. Lucie County COI'nlTlunity
D~. dO"ITI~nt Growth Manaaement Director.
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 thousandth (2000th) residential unit in The Reserve. .
7 The developer will provide St. Lucie County and Treasure Coast Regional Planning
8 . Council copies of the permits or other instruments showing compliance with the
9 above conditions.
10 9. No Final Planned Development 0(' plat approval shall be issued after January 1, 1995, until
11 one of the following has been completed:
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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. LuÚe 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 (cibove and beyond any .upland habitat deeded over
pursuant to the previous conditions); or
c.
The developer has accomplished a combination of the acti.ons 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
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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.
7
8
9
e.
Any wetland habitat creation permitted under this section shall be completed by the
earlier to occur of January 1, 1997 or the issuance of a final planned development or
plat approval for the two thousandth (2000th) residential unit in The Reserve.
10 The developer will provide St. Lucie County and Treasure Coast Regional Planning
11 Council copies of the permits or other instruments showing compliance with the
12 above conditions.
13 . 10. Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the
14 South Florida Water Management District prior to wetlands mitigation required by this D.O.
15 occurring on site. As a minimum, the Master Plan shall set forth:
16
a.
The general criteria for construction and maintenance of wetland habitat;
17
18
b.
identify the location of all proposed mitigation relative to preserved wetland and
upland systems, the surface water management system, and development¡
19
c.
provide for a mitigation, monitoring, and maintenance program; and
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21
d.
include a justified estimate of total cost of implementing the proposed mitigation
and monitoring program.
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23
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.
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25
26
Reasonable aSsurance of financial and institutional ability to carry out the commitments
included in the approved mitigation plan may be provided by anyone or combination. of the
following:
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28 .
a.
a surety bond in the amount equal to 125 percent of the cost estimate for
implementing the approved mitigation and monitoring plan;
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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;
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c.
cash bond or letter of credit from a financial institution;
5
d.
escrow agreements which include money, land, or improvements; and,
6
7
e.
performance prior to wetland loss only applies to mitigation for wetlands not yet
destroyed.
8 . The specific form and adequacy of the guarantee shall be subject to approval by St. Lucie
9 County, if mitigation occurs within the County, or the City of Port St. Lucie and the TCRPC,
10 if mitigation occurs within the City. Financial guarantees shall not be released for any
11 portion of the project until work is completed, inspected, and approved in writing by ·the
12 South Florida Water Management District. The annual report shall include a summary of
13 wetland mitigation accomplished pursuant to the approved master plan.
14 A copy' of the approved Mitigation Master Plan will be provided to Treasure Coast Regional
15 Planning Council.
16 11. Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved
17 or restored on the project site.. Wells in the shallow aquifer shall not be located within 300 feet of
18 any wetlands which are preserved or restored on the project site. Any exceptions to this condition
19 must be approved by the South Florida Water Management District on the basis of soil or other
20 data showing that water table elevations within preserved wetlands would not be adversely
21 affected.
22 A copy of any South Florida Water Management District permit or other consent addressing
23 this condition will be provided to Treasure Coast Regional Planning Council.
24 12. To help assure that maintenance or implementation of predevelopment hydroperiods occurs
25 within the preserved and restored wetlands and within any wetland mitigation areas, final drainage
26 plans shall provide for routing of sufficient volumes of runoff from acceptable sources to wetlands
27 prior to routing of any excesS runoff to lake systems. Control elevations shall be established
28 consistent with the intent to maintain or improve predevelopment hydroperiods within all wetland
29 areas. The South Florida Water Management District must approve the routing of runoff and
30 control elevations as shown on the final drainage plans to achieve the intent indicated above.
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1 Copies of the South Florida Water Management District construction permits will be
2 provided to Treasure Coast Regional Planning Council.
3 13. The developer shall preserve and maintain a buffer zone of native upland edge vegetation
4 around all preserved, restored, or created wetlands on site in accordance with the requirements of
5 the South Florida Water Management District. The buffer zone shall include a canopy, understory,
6 and ground cover of native upland species including saw palmetto, wiregrass, galiberry, Lyonia, or
7 other upland species subject to approval of the TCRPC. The upland buffer may include slash pine and
8 wax myrtle, but these species shall not be used in determining the location of the boundary between
9 the wetland and upland. The buffer zone requirements of preserved or crea~ed wetlands for listed
10 species shall be in accordance with the Florida Game and Freshwater Fish Commission guidelines as
11 contained in the Florida Administrative Code, as of the time that the buffer zone is developed. The
12 requirements of the upland buffer shall include a total area of at least ten square feet per linear
13 foot of wetland, except where an expanded upland buffer has been required for protection of the
14 Sandhill Crane as recommended by the Florida Game and Freshwater Fish Commission (provided for
15 under the approved management plan referenced herein, and attached hereto and made a part
16 thereof as an exhibit) and be located such that no less than fifty percent of the total shoreline 'is
17 buffered by a minimum width of ten feet of upland habitat. Upland buffer shall be clearly
18 delineated, and roped off prior to any land clearing within 200 feet of any wetland to be preserved
19 or restored.
20- 14.
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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 Freshw~ter 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 under land 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 insure that sufficient foraging
opportunities are maintained. The plan may-be updated and amended and the
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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.
5
A copy of the approved plan shall be provided to Treasure Coast Regional Planning Council.
15. :!: The developer ~ hcs preserved a minimum of (490 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. Native upland habitat preserved and prote'cted by deed restrictiòns pursuant to
wetland buffer zone requirements and upland habitat required for the protection oJ 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 pr~erved acreage may be the result of micrositing of development or
selective clearing of areas to be developed, including individual lots when developed,
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. No credit toward
this 25 percent may be given for land set aside in compensation for wetlands dest-royed by
the development which are required to be mitigated=except as depicted in Exhibit "C", a
copy of which is to be kept on file with the St. Lucie County=ColTlITltJl"lity De't'elopmerr" ~rowth
ManaQeme;,t Director. 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).
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~~"': :~ :. opp¡l",bl. 1.",1 g....."m."t .."¡opm,,,t rego"'ti."" a portio" .f. ~~
;~ -;;;;; ;~~~ ..m.ot,." ,d <>3'.' ""') b. m.t b, th. cr"';,,, ~~~~"~ "":::~ :h:~
:~: 'p~". \~:7; ~I boffer or.. .1"'9 th. ".,ter" perlm.ter .f th.. proj.ct ~~~~t~:'
.. II a e RI mðst~r plan. The btlff~r area shall be a mll"llmUm of :~~' ~~ ~~~~'
:,t:og~ 500' al"ld a ma)(imtJlt\ 1,000' il"l width. ~Jo deý'elopITl~l"It sholl o~~ ~~~ ~:i~ ::.
:~j b:f~r a".. ,hall b. plo"t.. In "at;,·. "g etotl." I" c.njonctlon with on,! ';'..,i",,""";
:~:o:;;;: ; t~~t or"'. Tk. ¿MI.p.. ,hall pr.~'¿. ...¿..... of ~'':'''~ f'_.m ~~:: pI~~
:;;;: ..+~;~ th. fPl right .f .of The buffer .hall b. eon';d:~ ~~~!,~~ :':~
;~~' ~~ n , for ",.d'ng uplan. pre.c....,t'." requirement,. ~~ ":;.~ r::.~ ~:
~: ~'~~ ;~: ~uffer will b. 1.5 t. I. A"'f .r..' ..... within ~~nP6~c~I~~ ~:.:: :
(;.1 0 or tll"I)' r~lo(;at~cI tlplol'lcl htlblttlt from th~ R~s~r'''~ DRI '"(111M'" b~ cotll"lted
as part of aM, r~qt:Jir~d tJplal'\d "abitot pr~serve for the PCA Villages DRI.
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1 Exhibit 'C" a co 0 which is to be ke t on ¡Ie with the St Lucie Count Com''I"H;Jl''lit'f
2 D~. elopm~M't Growth Manaaement þirector~ id'l,tific3 shall identify the minimum 490 acreS
3 preserved pursuant to this condition. The annual report shall include copies of deed
4 restrictions assuring preservation of native upland habitat acreage. Preservation on
5 individual lots, if used to meet the habitat requirement, shall be established by the
6 developer through permanent deed restrictions. The annual report shall also include copies
7 of deed or other restrictions assuring preservation of native upland habitat acreage.
8 16. Prior to commencement of clearing activities on any portion of the Reserve site, the
9 Developer must survey for gopher tortoise burrowS. Protecting in situ, or relocation into a suitable
10 on-site preserve is required before development of the parcel surveyed. If gopher tortoise burrows
11 are found. any Florida mouse, gopher frog, and Eastern Indigo snake found shall be provided for as
12 well. The plan for protection of these species shall be reviewed and approved by the Florida Game
13 and FreshWater Fish Commission and the U,S, Fish and Wildlife Service. After approval of the
14 plan. specific parcels may be cleared and developed subject to compliance with the methods and
15 procedures stated in the plan without further approval. The annual report required by Section
16 380.06 Florida Statutes, shall include a summary of survey and relocation efforts prepared by a
17 qualified biologist.
18 17. As a minimum, the Developer shall preserve two areas that provide potential nesting habitat
19 for Sandhill Cranes, One of these areas shall jnclude wetlands 80. 81, and 8~ and associated buffers
20 (as identified in Map H). The other shall include portions of wetland 61, which includes 61A or 61 B)
21 and associate buffers (os more specifically identified on Map H). The developer shall, after
22 consultation with the Floridà "Game and Freshwater Fish Commission. provide a species and habitat
23 management plan by March 5, 1997, as referenced herein at DO conclusions of law and attached
24 hereto as Exhibit B A. A detailed site plan delineating the areas required by this condition shall be
25 attached hereto and made a part of hereof. These wetlands areas shall be depicted on Map H as
26 preserve areas consistent with Conditions :;.0 Q and 13.
27 Management of the non-golf course portions of the buffers and the wetlands shaJl be
28 pursuant to recommendations of the Florida Game and Fresh Water Fish Commission.
29 During the months of December 1. to April 30, no construction within 300 feet of any
30 preserved or r,estored wetland shall oècur until the wetland has been surveyed for Sandhill
31 Crane nests, In the event that active nests are found, construction shall not occur until July
32 or 90 days after the eggs hatch, whichever occurs first. Construction of these areas during
33 the months and days indicated may proceed based in coordination with the Florida Game and
34 Freshwater Fish Commission. "
35 17 A. The application of pesticides, nematicides. and fungicides to the golf courses and other
36 areas at The Reserve shall be done only in accordance with the applicable product label instruction.
37 shall be applied only by, or under the supervision of. State of Florida licensed applicators, and shall
38 be applied pursuant to the Integrated Pest Management Plan, attached hereto. and as it may be
39 amended from time to time with the approval of the Florida Department of Agriculture.
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1 18. Prior to further development activity, the developer shall provide the TreaSure Coast
2 Regional Planning Council with a letter assuring that accesS will be allowed to The Reserve
3 Development of Regional Impact in perpetuity for the purposes of monitoring compliance of the
4 project with conditions set forth.
5 19. In the event that it is determined that any additional representative of a plant or animal
6 species of special regional concern (as defined in the Treasure Coast Regional Planning Council
7 Assessment Report for The Reserve Development-of Regional Impact) is resident on, or otherwise
8 is significantly dependent upon, The Reserve Development of Regional Impact property, the
9 developer shall cease all activities which might negatively affect that individual population and
10 immediately notify both the Florida Game and Fresh Water Fish Commission Qnd the U.S. Fish and
11 Wildlife Service. Proper protection, to the satisfaction of both agencies, shall be provided by the
12 developer.
13 20. Concurrent with construction in any phase of the development, all Melaleuca, Brazilian
14 Pepper, and Australian Pine which occur within that phase shall be removed. Removal shall be in such
15 a manner that avoids seed dispersal by any of these species. There shall be no planting of these
16 species on site.
17 DRAINAGE
18 21. The developer shall design and construct the stormwater management system to retain the
19 -maximum volumes of water consistent with providing flood protection. The system shall be designed
20 and constructed to retain or detain with filtration, as a minimum, the first one inch of runoff or the
21 runoff from a one-hour, three-year storm event, whichever is greater. Required retention volumes
22 may be accommodated in a combination of vegetated "swales, dry retention areas, lakes with
23 vegetated littoral zones, or other suitable retention structures.
24 All discharges from the surfaèe water management system shall meet the applicable water
25 quality standards as established by the Florida Administrative Code.
26 Completed construction pursuant to a valid South Florida Wafer Management District
27 construction permit for a stormwater management system sholl constitute compliance with
28 . this condition.
29 22. The developer shall design and construct the surface water management system such that
30 maintenance of normal hydroperiods within restored, preserved, and created wetlands can be
31 guaranteed against the negative impacts of activities within the project boundaries, and that the
32 functions and values provided by these habitats will be maintained. Under no circumstances shall
33 unfiltered runoff from impervious surfaces and parking areas be diverted directly into wetlands on
34 site. Final drainage plans shall be submitted to South Florida Water Management District, St. Lucie
35 County and the City of Port St. Lucie. At a minimum, such plans shall depict how preserved and
36 created wetland areaS will be incorporated into the development site plans for each individual
37 development area or drainage basin with appropriate supporting information to demonstrate how
38 sufficient quantities of surface runoff from portions of the developed areas will be conveyed "to
39 wetland areas in order to maintain or improve their existing hydroþeriod. Clearing of the land in a
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1 development area or drainage basin shall not begin until. plans are approved by the appropriate
2 agencies for the development area or drainage basin. Treasure Coast Regional Planning Council will
3 be provided copies of any construction permits issued by South Florida Water Management District.
4 23. The developer shall berm and swale or otherwise design and construct the golf course
5 stormwater management systems to retain the first one-half inch of runoff from a one-hour, three-
6 year storm event, prior to discharge of excess water to wetland habitats.
7 24. Maintenance and management efforts required to assure the continued viability of
8 preserved and created wetland littoral zone and upland habitats and the proper operation of all
9 components of the surface water management system shall be the financial and physical
10 responsibility of the developer. Any entities subsequently approved by St. Lucie County or ~he City
11 of Port St. Lucie to replace the developer shall be required, at a minimum, to assume the
12 responsibilities outlined above.
13 All golf course irrigation systems shall be designed in such a manner as to allow for a
14 minimum 100 foot separation from any existing or proposed potable water well, (ref FAC 17-
15 6.040(4)(q)). Should the waste treatment system not meet the standards of a Class I
16 reliability, then this minimum setback shall be 500 feet.
17 25. The developer shall establish a vegetated and functional littoral zone as a part of the
18 surface water management system of lakes. Prior to construction of the system for each
19 development area or drainage basin of the project, the developer shall prepare a design and
20 management plan for the wetland/littoral zone that will be developed as part of that system. The·
21 plan shall:
22 a. include plan view and site location;
23 b. include typical cross sections of the surface water management" system showing the
24 average water elevation after taking account the effects of wellfield pumping and
25 irrigation withdrawals on the lake system and t,he -3 foot contour (i.e., below average
26 elevation);
27 c. specify how vegetation is to be established within this zone, including the extent,
28 method, type and timing of any planting or mulching to be provided; and
29 d. provide a description of any management monitoring and maintenance procedures to
30 be followed in order to assure the continued viability and health of the littoral zone.
31 The littoral zone as established shall consist entirely of native vegetation and shall be
32 maintained permanently as part of the water management system. As a minimum, ten square
33 feet of vegetated littoral zone per linear foot of lake shoreline shall be established. -The
34 plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the
35 South Florida Water Management District prior to the beginning of any excavation activity.
36 Littoral zones shall be constructed concurrent with lake excavation and final grading.
37 Operational permits for the surface water management system shall not be issued until such
38 time as the littoral zones have been constructed and inspected.
39 WATER SUPPLY: POTABLE AND NONPOTABLE WATER
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1 26. The primary source of golf course irrigation water shall be water derived from the surface
2 water management system of lakes supplemented by surficial aquifer wells as permitted by
3 SFWMD. No withdrawals from lakes shall be permitted which would adversely affect wetlands
4 required by the Development Order to be preserved on site, or wetlands and littoral zones created
5 on site as mitigation for wetland functions and values lost as a result of this development. At the
6 time of water use permit issuance or renewal, the developer shall comply with applicable South
7 Florida Water Management District rules and criteria for permit issuance, which criteria may in the
8 future require the use of reclaimed water.
9 The continued or proposed use of surficial aquifer wells to supply irrigation water to golf
10 courses shall occur only as permitted by South Florida Water Manag,ement District.
11 27. Construction of additional golf courses beyond those already constructed shall not occur
12 until it can be demonstrated to the satisfaction of the South Florida Water Management District
13 that sufficient irrigation water can be derived on a sustainable basis fr"m wastewater sources and
14 surface water management system lakes to provide for irrigation requirements without adversely
15 affecting wetlands required by the Development Order to be preserved on site, or wetlands and
16 littoral zones created on site as mitigation for wetland functions and values lost as a result of this
17 development.
18 28. All water use by The Reserve Development of Regional Impact shall be metered, whether
19 derived from surface water management system lakes for irrigation or from wellfields servicing The
20 Reserve Utility Corp. for domestic use. Annual water use data shall be provided tothe South Florida
21 Water Management District and Treasure Coast Regional Planning Council as part of the annual
22 report to be submitted by the developer as required by Section 380.06, Florida Statues.. '.
23 29. To reduce the demand fo'r irrigation water, a minimum of 30 percent of all landscaping
24 material and. 50 percent of all planted trees shall be native plants adapted to the soil and climatic
25 conditions occurring on site.
26 30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields
27 serving The Reserve Development of Regional Impact shall be located such that principal land uses
28 within the cone of influence of such wells are open space, preserve, or residential area. In no case
29 shall development which would use, handle, store, or produce hazardous or toxic materials occur
30 within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water
31 supply well, unless such use, handling, storage, or production is consistent with binding wellfield
32 protection regulations.
33 31. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless
34 approved by the appropriate state permitting authority.
35 32. Water-saving plumbing devices shall be required in all construction (both residential and
36 nonresidential) to reduce potable and nonpotable water demand. These devices shall include low
37 flush toilets and efficient faucets and shower heads to help reduce the use of potable water for
38 these uses.
39 33. Rates charged for potable water use shall be structured to encourage water conservation.
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1 34. All residential water requirements shall be supplied by a common utility which shall provide
2 water service to all existing and proposed development, except Sabal Creek Phases I, II, III and
3 IV.
4 35. No final planned development or plat approval .shall be issued for The Reserve Development
5 of Regional Impact beyond construction authorized by the Development Agreement executed by the
6 Department of Community Affairs, until the South Florida Water Management District notifies St.
7 Lucie County and the City of Port St. Lucie in writing that the method of providing potable and non
8 potable water needs to such further development proposed by the developer is permitted and will
9 n?t have adverse impacts to:
10 a. wetlands required by the Development Order to be preserved on site or wetlands
11 and littoral zones created on site as mitigation for wetland functions and values lost
12 as a result of this development
13 b. the potentiometric head of the Floridan Aquifer, if applicable; and
14 c. the ability of existing legal users to meet their permitted potable and rionpotable
15 requirements.
16 Parameters and methods of hydrologic investigations undertaken to demonstrate that a
17 sufficient source of water is available to serve further development proposed by the
18 developer without adversely impacting the items listed above shall be established to the
19 satisfaction of the South Florida Water Management District. Receipt of a vali~ South
20 Florida Water Management District consumptive use permit for a withdrawal shall
21 constitute compliance with this section.
22 36. All residential, commercial and industrial water and sewer requirements shall be supplied by
23 the a common utilitÿ which shall provide water and sewer service to all existing and proposed
24 development, except Sable Creek Phases I, II, and IV, and Reserve Plantation I, IIA, and IIB,
25 which contain lots which are in excess of the minimum r.equirements of one-half acre and any lots
26 proposed within Sable Creek Phase III (56 acre parcel) providing such lots be at least one acre in
27 size. At such time and in the event water and/or sewer lines are made available to lots contained
28 the subdivisions referenced herein, they shall be required to hook up to the common utility service
29 then providèd by the utility company.
30 37. Any consents or other approva!s required from the Treasure Coast Regional Planning Council
31 and/or in consultation with other governmental agencies, as a condition to further development
32 approvals being issued after the effective date of the development order, shall not be subject to
33 . unreasonable delay after all submissions and other data required by such agency (including TCRPC)
34 from developer, has been supplied.
35 38. Maintenance and manàgement efforts required to assure the continued proper operation of
36 all components of the central water supply system shall be the financial and physical responsibility
37 of The Reserve Community Development District until such time as it may be conveyed to another
38 entity. Any entities subsequently authorized to replace The Reserve Community Development
39 District shall be required, at a minimum. to assume the responsibilities outlined above or delegate
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1 such responsibilities to another entity to the satisfaction of the City of Port St. Lucie and St. Lucie
2 County.
3 Appropriate plans, specifications and applications for the water plant expansion shall be
4 submitted to the Department of Environmental Protection (DEP) upon the existing water
5 treatment facility reaching a finishing water maximum day demand equal to 80'ro of the
6 DEP's rated plant capacity. Construction of the expansion shall begin before or when the
7 facility achieves a maximum day finished water production equal to 90'ro of DEP's approved
8 rated plant capacity.
9 39. The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised
10 November 1988, as contained in The Reserve Development of Regional Impact Application for
11 Development Approval, shall be capped and abandoned in accordance with South Florida Water
12 Management District criteria prior to commencement of development outside the area authorized
13 for development in the Development Agreement. The obligated well referenced on Map F as
14 'described above shall be capped and' abandoned in accordance with South Florida Water
15 Management District criteria within 30 days of resolving such obligation for off-site use.
16 W ASTEW A TER
17 40. Development shall only occur concurrently with the provision of adequate centràl
18 wastewater treatment services. Prior to application for building permits for any part of The
19 Reserve Development of Regional Impact aj the beginning of each phase, the developer sholl
20 demonstrate that adequate treatment facilities will exist on schedule to handle 011 wastewater
21 generated from both completed and planned development. Evidence of adequate treatment and
22 . disposal capability sholl be subject to approval by St. Lucie County and the City of Port St. Lucie in
23 consultation with the Department of Environmental Protection. '
24 The central wastewater treatment system shall be expanded based on the following flow
25 capacities (actual 3 peak month average daily):
26 a. When flows reach 60,"0 of permitted capacity, a consultant will have been chosen.
27 b. When flows reach 70,"0 capacity, appropriate plans, specifications and application for
28 wastewater plant expansion shall be submitted to the Department of Environmental
29 Regulation.
30 c. When flows reach 75'ro capacity, construétion shall begin and be completed and
31 certified prior to flows reaching 95'ro.ofpermitted capacity.
32 41. The existing and proposed wastewater treatment and disposal system shall be constructed
33 or modified to produce irrigation quality water so that spray irrigation of such water will be the
34 primary wastewater disposal method. Excess wastewater may be disposed of through percolation
35 ponds, as permitted.
36 42. Maintenance and management efforts required to assure the continued proper operation of
37 all components of the central wastewater treatment system sholl be the financial and physical
38 responsibility of The Reserve Community Development District until such time as conveyed to
39 another entity. Any entities subsequently autho~ized to replace The Reserve Community
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1 Development District shall be required, at a minimum, to assume the responsibilities outlined above
2 or delegate such responsibilities to another entity to the satisfaction of St. Lucie County and the
3 City of Port St. Lucie.
4 HAZARDOUS MATERIALS AND WASTE
5 43. Within three months of the effective date of the Development Order (the earlier of two
6 dates if separate Development Orders are issued by St. Lucie County and the City of Port St.
7 Lucie), the developer shall submit a hazardous materials management plan for review and approval
8 by the City of Port St. Lucie, and St. Lucie County in consultation· with the South Florida Water
9 Management District and the Department of Environmental Protection. If said approval is not
10 obtained within six months of the effective date of the Development Order, no further final
11 planned development approvals or plats shall be issued for any port of the project until approval is
12 obtained. The plan shall:
13. a. require disclosure by 011 owners or tenants of non- residential property of all
14 hazardous materials proposed to be stored, used, or generated on the premises;
15 b. require inspection of all business premises storing, using, or generating hazardous
16 materials prior to the commencement of operation, and periodically thereafter to
17 assure that adequate facilities and procedures are in place to properly manage
18 hazardous materials projected to occur;
19 c. provide minimum standards and procedures for storage, prevention of spills,
20 containment of spills, and transfer and disposal of such materials;
21 d. provide for proper maintenance, operation, and monitoring of hazardous materials
22 maoagement systems including spill and hazardous materials containment systems;
23 e. detail actions and procedures to be followed in case of spills or other accidents
24 involving hazardous materials;·and
25 f. guarantee financial and physical responsibility for spill cleanup.
26 MONITORING AND COMPLIANCE"
27 44. In addition to all information required by Chapter 380/ Florida Statutes; by Chapter 9J-2,
28 Florida Administrative Code; by St. Lucie County; and by the City of Port St. Lucie for inclusion in an
29 annual report to be prepared and submitted by the developer for The Reserve, a Development of
30 Regional Impact, the following information must be included:
31 a. current, good quality aerial photo showing native upland habitat preserved pursuant
32 to the Development Order, acreage of the preserved areas, and copies of deed
33 restrictions assuring preservation of native upland habitat acreage;
34 b. summary of Gopher tortoise surveys and relocation efforts as required by the
35 Development Order;.and
36 c. water use data (amounts from all sources) per Development Order condition
37 requiring metered water use sourceS.
38 EDUCATION
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1 45. From the date of enactment of this resolution, until January 1, 1989, any residential
2 development permitted within The Reserve, shall be subject to the voluntary school assessment
3 incorporated as a part of that unit's development approval. Effective January 1, 1989, all residential
4 development within this project shall be subject to the terms and requirements of St. Lucie County
5 Ordinance 88-16, School Impact Fees, and as may subsequently be amended.
6 RECREATION AND OPEN SPACE
7 46. The developer shall reserve a minimum of eight acres of land in four carcels no less than two
8 acres each in size to be deeded free and clear of all liens and encumbrances to homeowners'
9 associations within The Reserve Development of Regional Impact for the establishment of
10 recreational facilities geared to the needs of children Uving within the development. Parcels
11 shall be reserved in an arrangement that will most conveniently serve the most residents
12 based on proximity of residential areas. Prior to the delivery of any recreational parcel to
13 an appropriate homeowner's association. the developer shall establish a fund of n?t less than
14 20 000 for cons r tion 0 or construct a ro riate recreational acilities on parcel~ to
15 be turned over to the appropriate homeowners' association.
16
17 POLICE AND PUBLIC SAFETY
18 47. Prior to the issuance of any building permits, in any portion of this project in the
19 unincorporated areas of St. Lucie County, the following assessment shall be paid for the purpose of
20 police/public safety:
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22
23
Residential:
Single Family
Multi-Family
$ 111 per unit
$ 99 per unit
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25
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Office:
Medical Office
Financial Office
Other Office
$231 per 1000 sf
$506 per 1000 sf
$127 per 1000 sf
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Retail:
0- 49,999.9 sf
50,000 - 99,999.9 sf
100,000 - 199,999.9 sf
$250 per 1000 sf
$298 per 1000 sf
$299 per 1000 sf
32
Hotel! Motel
$111 per unit
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Upon the enactment of a formal public safety (police) impClct 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 parc'el, 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
deve lopment.
Upon the enactment of a formal þublic 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.
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;
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25
b.
comply with the Florida Thermal Efficiency Code Part .vII, Chapter 553, Florida
Statutes; and,
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28
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.
29 As a minimum, the developer shall demonstrate that incorporation of energy conservation
30 measures already committed to and those measures to be incorporated by the requirement
31 of Condition 51 below has reduced projected energy demand by 20 percent below that
32 demal'1d which would have occurred without incorporation of the measures.
33 50. The developer shall incorporate each of the 17 energy saving methods outlined in the
34 ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment Report for
35 The Reserve Development of Regional Impact unless it can be demonstrated to the satisfaction of
36 the Treasure Coast Regional Planning Council that individually each method is not cost effective.
Sep.2006
Resolution No: 06-316 A-R
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2 TRANSPORTATION
3 51.
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1t'
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The following conversion matrix shall be used to allow land use conversions within the
Proposed Development:
To Get
Land Trãde General Sinql. Shappinc
Candol
Use Off Uqht Family = Hotel Timeshare Office Center
= Townhous.
Industrial
Gene:ral Liaht 1.000 SF 1.'\0 du 2.42 du 1.70 rms 2.57 units 579 g 253 ~
Industrial '" = = = ==- = = = =
Sinale-Familv 1 DU 715 Sf -- 173 du 1.21 rms 1.83 units 414 sf 181 !
Conda/T ownhouse 413 Sf 0.58 du - 0.70 rms 1.06 units 239 sf 104 ~
'1 DU = = ==
Hotel lRM 590 Sf 0.82 du 1.43 du .. 1.51 units 341 sf 149 !
Timeshare 1 Unit 390 Sf 0.55 du 0.94 du 0.66 rms -. 226 rl 99 !
Office 1.000 SF 1727 Sf 2.42 du 4.19 du 2.93 rms 4.43 units -. 437 !
ShOlllljllð Center 1 000 SF 3953 Sf 5.53 du 958 du 6.71 rms 10.14 units 2289 sf --
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35 & Contracts shall be let within 18 months of the effective date of this amended development
36 order (April 20.2004) to construct the following listed improvements (i and ii):
Resolution No: 06-316 A-R
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i) Signalization at St. Lucie West Boulevard and I-95 West Ramps intersection; and,
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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.
4 53. No building permits shall be issued for development that cumulatively generates more than
5 the total PM eak-hour threshold tri s as indicated in Table 1 listed a terNumber 59. until one 0
6 the listed alternative actions has occurred for each of the indicated improvements.
7 2.2.. Be innin two ears a ter the a roval date 0 this Develo ment Order A ril 20 2004 a
8 PM peak-hour trip generation summary of approved development shall be provided to the County of
9 St. Lucie on a semi-annual basis.
10
11 56. Commencing in 2004 and continuing every year thereafter. the developer shall submit an
12 Annual Status Report indicating the status (schedule) of guaranteed improvements. This Annual
13 Status Report shall be submitted to the City of Port St. Lucie. St. Lucie County. FDOT. TCRPC and
14 the DCA as part of the Development of Regional Impact Annual Report.
15 The Annual Status Report shall list all roadway improvements needed to be constructed. the
16 guarant"eed date of completion for the construction of each needed improvement. the party
17 res onsible or the uaranteed construction 0 each im rovement and the orm 0 the
18 binding commitment that guarantees construction of each improvement. Additionally. this
19 report shàll include the most recently provided trip generation summary as required under
20 Condition 55 and any land use trade-off conversions that have occurred pursuant to
21 Condition 52 of this Development Order since the execution of the Development Order.
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1
Six-lane St. Lucie West Boulevard from Village Parkway/Commerce Center Drive
to Peacock Boulevard. This improvement includes the construction of a six-lane
bridQe over I-95.
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ii.
St. Lucie West Boulevard at I-95 Southbound Ramps
Eastbound Reserve Blvd Westbound St. Lucie West Blvd
Three through lanes Three through lanes
One right-turn lane
Southbound I-95 Southbound Off-Ramp
Two left-turn lanes
Two right-turn lanes
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ill. St. Lucie West Boulevard at I-95 Northbound Ramps
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Eastbound St. Lucie West Blvd
Westbound St. Lucie West Blvd
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Two left-turn lanes
Three through lanes
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Three through lanes
One right-turn lane
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Northbound I-95 Northbound Off-Ramp
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Two left-turn lanes
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One right-turn lane
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iv.
2nd receiving lane for the I-95 Northbound On Ramp to accommodate dual
eastbound left turns at the I-95 east ramps intersection.
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The Developer may provide for the construction of this improvement through a jointly
funded undertakin~ 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. The developer shall be entitled to receive fair share traffic impact
fee credits for all design and construction costs of this improvement in an amount
consistent with any local roads impact fee ordinances or regulations.
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i)
Villaoe Parkway and St. Lucie West Boulevard/Reserve Boulevard
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Northbound Village Parkway
Eastbound Reserve Boulevard
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One left-turn lane
Two left-turn lanes
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Two through lanes
Two through lanes
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Two-right turn lanes
One right-turn lane
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Southbound Village Parkway
Westbound St. Lucie West Blvd
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Two left-turn lanes
Two left-turn lanes
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Two through lanes
Two through lanes
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One right-turn lane
One ri9ht-turn lane
21 59. The Developer shall construct Village Parkway as soon as possible and shall minimize
22 construction traffic at the South Gate and the Kings Isle neighborhood. The Developer shall
23 conduct a signal warrant analysis at the following intersections beginning January 2008. The signal
24 warrant analysis shall be continued on an annual basis until all signals are warranted.
25
Glades Cut-off Road and Village Parkway.
a.
26 b.
Glades Cut-off Road and Reserve Boulevard.
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1 The analyses shall be performed during the peak season and presented and approved by the City of
2 Port St. Lucie and/or St. Lucie County. as applicable. The analysis may be limited to providing
3 traffic volume counts only when agreed to by either the City of Port St. Lucie and/or St. Lucie
4 County. as applicable.
5 Additional certificates of occupancy shall not be issued nine months after the analysis showing Q
6 traffic signal is warranted until either (j or ij):
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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.
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Within sixty (60) days after a signal is warranted. a letter of credit equivalent to
12070 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.
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60.
No building permits shall be issued for development tnat cumulatively generates
more than the 4500 total PM peak-hour trips or after December 31. 2009.
whichever occurs later. until one of the listed alternative actions has occurred for
one of thre following indicated improvement groups 0.2 or 3),
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1.~
Six-lane Prima Vista Boulevard from Bayshore Boulevard to V.S. 1; and
extend the dual westbound left-turn lanes and the northbound left-turn lane
at Prima Vista Boulevard/Cashmere Boulevard to 500 feet. including taper;
and provide appropriate intersection improvements at Bayshore Drive and
U.S. 1; or
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a.')
Four-lane West Virginia from Cashmere Boulevard to Bayshore
Boulevard: and.
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b.)
Eight-lane V.S. 1 from Walton Road to Prima Vista Boulevard; and.
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c.)
Convert the eastbound left-turn lane at Prima Vista
Boulevard/ Airoso Boulevard and the westbound left-turn lane
immediately west of the eastbound left-turn lane to a two-way
continuous left-turn lane: and.
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d.) Extend the eastbound right-turn lane to 500 feet. including taper. at
Prima Vista Boulevard/ Airoso Boulevard: and.
e.) Dual northbound and southbound left-turn lanes at Prima Vista
. Boulevard/Floresta Boulevard: and.
f.) Extend the eastbound right-turn lane to 400 feet. including taper.
and the westbound right-turn lane to 510 feet. including taper. at
Prima Vista Boulevard/Floresta Boulevard: and.
g.) One southbound left/through/right lane (restriping) and one
southbound right-turn lane at Prima Vista Boulevard/Rio Mar Drive;
or
h.) In the event West Virginia is not continuous between Cashmere
Boulevard and Village Parkway. the following improvements shall be
made at the intersection of St. Lucie West Boulevard and Cashmere
Boulevard: Lucie West Boulevard and Cashmere Boulevard: .
ll.
fj
Extend westbound left-turn lanes to 375 feet: and.
Extend northbound left-turn lane to 450 feet: and.
i.)
Extend eastbound -left-turn lane to. 525 feet at St. Lucie West
Boulevard/Bayshore Boulevard; or
3.)
Four-lane West Virginia from Cashmere Boulevard to U.S. 1: and
Q.
b.
In the event West Vir9inia is not continuous between Cashmere
Boulevard and Village Parkway. the following improvements shall be
made at the intersection of St. Lucie West Boulevard and Cashmere
Boulevard:
1) Extend westbound left-turn lanes to 375 feet: and.
2) extend northbound left-turn lane to 450 feet: and.
c.
Extend eastbound left-turn lane to 525 feet at St. Lucie West
Boulevard/Bayshore Boulevard
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1
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d.
Extend westbound right-turn lane to 475 feet at Prima Vista
Boulevard¡Floresta Drive
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e.
Extend the following lanes at US 1¡Prima Vista Boulevard:
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1) Northbound left-turn lane to 725 feet; and.
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2) southbound right-turn lane to 750 feet
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A Iternative Actions:
AJ Contracts have been let to construct the indicated improvements; or.
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.,' .
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the City of Port St. Lucie or St. Lucie County or first three .years of FDOTs
adopted Work Program: or.
fj 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.
E.j A local government development agreement consistent with sections 263.3220
through 263.3243. F.S. has been e~ecuted and attached as an exhibit to the
D.evelopment Order.
~ Commencina in January of 2006 and continuina every year thereafter. the developer
shall undertake an annual monitorina proaram for Commercè Center Parkway between
Reserve Boulevard and Glades Cut-Off Road. This annual monitorina proaram shall
include two-day (Tuesday throuah Thursday). twenty-four hour (hourly recordina)
traffic counts performed durina the months of January throuah March. The
develope/- shall submit a letter/report presentina the followina information; location
of traffic counter. 24-hour traffic volumes. peak hour directional volumes. adopted
level of service. adopted service volumesfo rthe adopted ¡evelof service. and
existina level of seryice. At such time as existina traffic volumes exceed adopted
seryice volumes associated with the adopted level of service standard. the developer
shall widen Commerce Center Parkway between .Reserye Boulevard and Glades Cut-
off Road to a four-lane-divided cross-section. The letter/report shall be submitted
to the City of Port St. Lucie. St. Lucie County and the Treasure Coast 'Reaional
Plannina Council for review and approval.
No certificates of occupancy or buildina permits shall be issued for The Reserve DR! one
year after the monitorina pröaram identifies the need to widen Commerce Center
Parkway. until the widenina of Commerce Center Parkway between Reserve Boulevard
and Glades Cut-off Road to a four-lane divided cross-section has been let for
construction.
The annual monitorina proaram shall be discontinued at such time as construction widenina
of Commerce Center Parkway to four lanes has commenced. or the pro iect has been
built out.
Sep. 2006
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T ABLE I
Threshold I Location Improvement/Lane Improvement Location
. Addition
Total Date
PM Trips
3,153 12/31/05 St. Lucie West Boulevard and NW Second left-turn lane Eastbound St. Lucie West
Peacock Boulevard Boulevard
3,153 12/31/05 St. Lucie We$t Boulevard and NW Second left-turn lane Southbound NW Peacock Bouleve
Peacock Boulevard
3,153 12/31/05 Prima Vista Boulevard and Bayshore Second through lane Southbound Bayshore Boulevard
Boulevard'
3,153 12/31/05 West Midway Road and Selvitz One right-turn lane Eastbound West Midway Road
Road
3,963 12/31/07· Glades Cut-Off Road and One right-turn lane Westbound Commerce Center
Commerce Center Parkway Parkway
3,963 12/31/07 West Midway Road and 25th Right-turn lanes Northbound and Southbound 251
Street Street
3,963 12/31/07 West Midway Road and 25th Extend left~turn lane to 590 Eastbound West Midway
Street feet, including taper
3,963 12/31/07 St. Lucie West Boulevard and Second through lanes Northound and Southbound
California Boulevard -- California Boulevard
Prima Vista Boulevard and Bayshore One through/right-turn lane ,
3,963 12/31/07 Boulevard (restripinQ) Westbound Prima Vista Boulevar·
3,963 12/31/07 St. Lucie West Boulevard and One thr~ugh/right-turn lane Eastbound St. Lucie West
Cashmere Boulevard (restripinQ) Boulevard
3,963 12/31/07 St. Lucie West Boulevard and NW Third through lane (restriping) Westbound St. Lucie West
Peacock Boulevard One riqht-turn lane Boulevard
3,963 12/31/07 St. Lucie West Boulevard and One through/left-turn lane Southbound Bethany Drive
Bethany Drive (restriping)
3,963 12/31/07 Prima Vista Boulevard and Airoso Second through lane Southbound Airoso Boulevard
Bouelvard
4,368 12/31/08 U.S. 1 and Prima Vista Boulevard One left/one through/two Eastbound Prima Vista Boulevard
riqhts (restripinQ)
4,500 12/31/09 West Midway Road and Oleander Extend left-turn lane to 365 Southbound Oleander Avenue
Avenue feet
4,500 12/31/09 St. Lucie West Boulevard and Extend southbound right-turn Southbound California Boulevard
California Boulevard Lane to 600 feet
4,896 12/31/12 St. Lucie West Boulevard and NW Right-turn lane Westbound St. Lucie West
Peacock Boulevard Boulevard
Resolution No: 06-316 A-R
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T ABLE I
Threshold I Location Improvement ILane Improvement Location
Addition
Total Date
PM Trips
4,896 12/31/12 St. Lucie West Boulevard and Second right-turn lane Southbound Cashmere Boulevard
Cashmere Boulevard
4,896 12/31/12 West Midway Road and Selvitz Separate left-turn lane Eastbound and Westbound West
Road Midway Road
AL TERNA TIVE ACTIONS
A) Contracts have been let for improvements to obtain the indicated improvement(s).
B) The indicated improvement has been included within the first five years of the adopted Capital Improvements Prograr
City of Port St. Lucie or the first three years of FDOT's adopted Work Program.
C) An analysis has been coriducted that demonstrates thè indicated improvement(s) are not needed. The analysis shall a
and a new trip threshold when such improvement(s) will be needed. The methodology for such analysis and the stud
Treasure Coast Regional Planning Council (TCRPC) and the FDOT for review and shall be approved by the Department of
the redefined threshold being reached, the improvement shall be let for CO/'.1struction or shall be programmed for constrl
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 demons1
are not needed has been conducted. The analysis shall also identify the new improvement(s) and a new trip threshold whe¡
The methodology for sLich analysis and the study results shall be provided to the TCRPC and the FDOT for review and sha
the redefined threshold being reached, the improvement shall be let for construction or shall be programmed within the
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
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 exec
the Development Order.
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Re.solution No: 06-316 A-R
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1 BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as
2 follows:
3 B. The legal description for the property under this amended Development of Regional ¡mpact
4 Application for Development Approval, is as follows:
5 This Description Does Not Depict Lines of Ownership
6 A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27, 28, 34 And 35, Township 36
7 South, Range 39 East, St. Lucie County, Florida, more particularly described as follows:
B Begin at the Southwest Corner of Said Section 15; Thence South 89"23'26" East, along
9 the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection
10 with the Westerly Line of a Parcel of Land Described in Official Records Book 514, Pages
11 237-239, Public Records of St. Lucie County, Florida; Thence North 44"46'07" East, along
12 the' Westerly Line of Said Parcel of Land, a Distance of 1393.92 Feet to the Paint of
13 Intersection with the Westerly Line of the Plat of G. O. Team Industrial Park - Unit One,
14 as Recorded in Plat Book 23, Page 31, Public Records of St. Lucie County, Florida; Thence
15 Northeasterly along the Westerly Line of Said Plat of G. O. Team Industrial Park Unit One
16 the Following Courses and Distances:
17 North 45"13'33" West, 660.03 Feet to the Point of Intersection with the Easterly Right-
18 of-way Line of the Florida East Coast Railway: Thence North 44"45'58" East along Said
19 'Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 45"13'53" East,
20 510.04 Feet; Thence South 63"39'59" East, 158.11 Feet to the Point of Intersection with
21 the Easterly Line of a Florida Power and Light Easement as Recorded in Deed Book 198,
22 Page 1040, Public Records of St. Lucie County, Florida.
23 Thence South 44"45'58" West, along Said Westerly Line of Said Plat of G. 0, Team
24 Industrial Park - Unit One and its Northerly Prolongation and the Easterly Line of Said
25 Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South 89"29'01"
26 East, a Distance of 574.47 Feet to the Point of Intersection with the East Line of Said
27 Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four, as
28 Recorded in Plat Book 16, Page 23, Public Records of St. Lucie County, Florida; Thence
29 South 89'29'01" East, along the Northerly Line of Said Plat of Port St. Lucie Section
30 Forty Four, a Distance of 112.97 Feet to the Westerly Line of a Florida Power and Light
31 Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie
32 County, Florida; Thence South 00"21'26' West, along the Westerly Line of Said Florida
33 Power and Light Easement, a Distance of 3975.26 Feet to the Point of Intersection with
34 the North Line of Said Section 23: Thence North 89"23'16" Ea$t, along Said North Line
35 of Section 23, a Distance of 33.09 Feet to the Point of Intersection with the Westerly
36 Line of a Florida Power and Light Easement, Recor.ded in Official Records Book 97, Page
Resolution Nó: 04-081
April 20, 2004
Final
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504, Public Records of St. Lucie County, Florida; Thence South 00"00'15" West, along the
Westerly Line of Said Florida Power and Light Easement, a Distance of 5305.53 Feet to
the Point of Intersection with the North Line of Said section 26; Thence South 00'00'02"
East along the Westerly Line of a Florida Power and Light Easement Recorded in Official
. Records Book 120, Page 199, Public Records of St. Lucie County, Florida, a Distance of
2,898.15 to the Point of Intersection with the Proposed Westerly Right-of-way Line of the
Proposed I-95 Interchange; Thence Southerly along Said Proposed Right-of-way the
Following CourseS 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 Southw~sterly along the Arc of
Said Curve, a Distance of 416.77 feet Through a Central Angle of 38"25'38"; Thence
South 20"35'02" West, 532.11 feet to a Point of Curvature of a Curve Concave to the
Northwèst, Having a Radius of 131.00 feet, Thence Southwesterly along the Arc of Said
Curve 149.35 Feet, Through a Central Angle of 65" 19'11"; Thence South 85"54'13 "West,
388.39 Feet; Thence South 05"58'06" East, 64.11 feet; Thence South 89'54'13" West,
300.01 feet; Thence South 00'05'47" East, 140.00 South 05'46'23" West, 64.11 Feet;
Thence South 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, ~aving a Radius of 1295.00
Feet; Thence Southeas'terly along the Arc of Said Curve, a Distance of 60.04 fèet
Through a Central Angle of 02'39'23" to the Point of Intersection with the Westerly Line
of a florida Power and Light Easement Recorded in Official Records Book 97, Page 504,
Public Records of St. Lucie County, Florida; Thence South 00"00'02"· East, along the
Westerly Line of Said Florida Power and Light Easement, a Distance of 411.27 Feet;
Thence along the westerly Line of a Florida Power and Light Easement Recorded in Official
Record Book 468, Page 2897, the following Courses and DistanceS:
Thence South 00"35'29" East, 1849.11 feet; Thence South 06"37'22" West, 631.95 feet;
Thence South 12"26'07" West: 640.99 feet; Thence South 19"28'36" West, 683.65 Feet;
Thence South 79"27'56" West, 55.51 feet; Thence South 10"32'03" East, 50.00 Feet;
Thence North 79"27' 56" East, 55.39 Feet; Thence South 40"32'32" East, 146.64 Feet;
Thence South 23"34'44" West, a Distance of 422.42 Feet; Thence South 89"52'17" West,
1527.70 feet; Thence North 40"43'16" West, a Distance of 1216.31 Feet; Thence North
40"04'45" 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 Distanc~ of 79.81 Feet; Thence North
April 20, 2004
Resolution No: 04-081
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1 43°42'56" West, a Distance of 2428.68 Feet; Thence North 44"56'04" West, a Distance
2 ot 1054.01 Feet; Thence North 44"47'33" West, a Distance of 636.86 Feet to a Point of
3 Intersection with the Easterly prolongation of the Southerly Line of the Plat of Sabal
4 Creek Phase IV, recorded in Plat Book 34, Pages 17 and 17 A, Public Records of Said St.
5 Lucie County; Thence North 43°08'40" West along Said Easterly prolongation and Said
6 Southerly Line, a Distance ot 1026.67 Feet; Thence North 43°34'56" West along Said
7 Southerly Line and the Southerly Line of the Plat ot Sabal Creek Phase II, recorded in
8 Plat Book 24, Pages I, lA thru lC, Public Records of Said St. Lucie County and the
9 Westerly prolongation of Said Southerly Line, a Distance ot 5393.03 Feet to the Point of
10 Intersection with the Easterly Right-ot-way Line of the Florida East Coast Railway;
11 Thence North 44°45'38" .East, along the Easterly Right-at-way Line·of the Florida East
12 Coast Railway, Q Distance of 8,141.46 Feet to the Point of Intersection With The West
13 Line of Said Section 15; Thence South 00"36' 34" West, along the West Line of Said
14· Section 15, a Distance of 110.12 Feet to the Point of Intersection with the South Line of
15 Said Section 15 and the Point of Beginning."
16
17 Containing 2,680 Acres More or Less.
18 C, Any modifications or deviations from the approved plans or requirements of this
19 Development Order shall be submitted to the St. Lucie County Community Development Director and
20 the Port St. Lucie City Planner, as appropriate, for a determination by the Board of County
21 Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as to whether the
22 change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The
23 Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as
24 appropriate, shall mäke its determination of substantial deviation at a public hearing after notice to
25 the developer.
26 D. St. Lucie County/the City of Port St. Lucie shall monitor the development of the project to
27 ensure compliance with this Development Order. The St. Lucie County Community Development
28 Director and/or the City of Port St. Lucie City Planner, os appropriate, shall be the local official
29 assigned the responsibility for monitoring the development and enforcing the terms of the
30 Development Order. The Community Development Director/City Planner may require periodic
31 reports of the developer with regard to any item set forth in this Development Order.
32 E. The developer shall make an annual report as required by Section 380.06(18), Florida
33 Statutes. The annual report shall be submitted each year on the anniversary date of the adoption,
34 of Resolution 89-73, or the earlier date if two separate orders are adopted, of this amended
35 Development Order and shall include the following:
Resolution No: 04-081
April 20, 2004
Final
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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 year and
for the next year:
2.
A summary comparison of development activity proposed and actually conducted for
the year; . .
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
~egional Planning Council Assessment Report for the development undertaken:
Any request for a substantial deviation determination that was filed in the reporting
- year or is anticipated to be fHed during the next year;
6.
7.
An indication of a change, if any, in local government jurisdiction for any portion of
the development since the Development Order was issued:
8.
A list of local, State, and federal permits which have been obtained or which are
pending by agency, type of permit, permit number, and purpose of each;
9.
The annual report shall be transmitted to St. Lucie County, the City of Port St.
Lucie, the Treasure Coast Regional Planning Council, the Florida Department of
Community Affairs, the Florida Department of Natural Resources, the South Florida
Water Management District, the Florida Department of Environmental Regulation,
and such additional parties as may be appropriate or required by law;
10.
A copy of any recorded notice of the adoptioh of a Development Order or the
subsequent modification of an adopted Development Order that was recorded by the
developer pursuant to Subsection 380.06(15), Florida Statutes; and
11.
. Any other information requested by the Board of Commissioners of St. Lucie
County/City Council of the City of Port St. Lucie or the St. Lucie County Community
Development Director/Port St. Lucie City Planner to be included in the annual report.
April 20, 2004
ResolutionNo: 04-081
final
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.,.. .
1 F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended
2 Development Order.
3 G. st. Lucie County hereby agrees that prior to March 14,2009, The Reserve Development of
4 Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction,
5 unless the County/City, as appropriate, demonstrates that substantial changes in the conditions
6 underlying the approval of the amended Development Order have occurred, or that the amended
7 Development Order was based on substantially inaccurate information provided by the developer, or
8 that the change is clearly established by St. Lucie County/the City of Port St. Lucie to be essential
9 to the public health, safety, or welfare.
10 H. This amended Development Order shall be binding upon the developer and its assignees or
11 successors in interest. It is understood that any reference herein to any governmental agency shall
12 be construed to mean any future instrumentality which may be created and designated as successor
13 in interest to, or which otherwise possesses any of the powers and duties of any referenced·
14 government agency in existence on the effective date of this amended Development Order.
15 r. The approval granted by this amended Development Order is conditional and shall not be
16 construed to obviate the duty of the developer to comply with all other applicable local, State, and
17 federal permitting requirements.
18 J. In the event that ~ny portion or section of this amended Development Order is deemed to
19 be invalid, illegal,.or unconstitutional by a court of competent jurisdiction, such decision shall !n no
20 manner affect the remaining portions or sections of this amended Development Order, which shall
21 remain in full force and effect.
22 K. This amended Development Order shall become effective upon adoption.
23 L. Certified copies of this amended Development Order shall be transmitted immediately by
24 certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning
25 Council, and Reserve Homes Ltd., L.P., a Delaware Limited Partnership, the successor in interest to
26 Callaway Land and Cattle Company.
27 M. Within 21 days of the effective date of this resolution amending Resolution No. 89~73, the
28 developer, shall record a notice of adoption of this order in compliance with Chapter 380.06(15)(f),
29 Florida Statutes, with copies of said notice being provided to the Florida Department of Community
30 Affairs, Treasure Coast Regional Planning Council, St. Lucie County and the City of Port St. Lucie.
31
32 After motion and second, the vote on this resolution was as follows:
April 20,2004
Resolution No: 04-081
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Chairman Doug Coward XXX
Vice-Chairman Chris Craft XXX
Commissioner Paula A. Lewis XXX
Commissioner Joseph E. Smith XXX
Commissioner Frannie Hutchinson XXX
PAsSED AND DULY ADOPTED this 3rd day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chai rman
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
Deputy Clerk
County Attorney
Resolution No: 04-081
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2 EXHIBIT A
3 SANDHILL CRANE NESTING MANAGEMENT PLAN
4 The developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes.
5 These areas are depicted on Map H. Other areas may be defined by the developer as Sandhill Crane
6 nesting sites, including areas designated as mitigation or restoration areas, to reflect documented
7 nesting activity or frequency of use with the approval of the Florida Game and Fresh Water Fish
8 Commission.
9 Wetlands providing nesting site habitat shall meet the following criteria: .
10 Located withín 1/2 mile of a known nest site.
11 Minimum wetland depressional radius of 100 feet with ordinary high water elevations of 2-3
12 feet, ordinary low water elevations of 0.5-2 feet and·dominated by wetland grasses and forbs (little
13 or no woody vegetation)
14 Minimum managed upland perimeter buffer of 100 feet from jurisdictional wetland limits,
15 managed as open native wetland transition or uplands foraging habitat - This àrea shall have no more
16 than 20% shrubby understory 3.0 feet or less in height, no forest canopy, and characterized by
17 gra~sy ground cover.
18 A visual screen of native vegetation, planted or naturally occurring, at least 5 feet in height
19 and at least 20 feet in width to provide a visual barrier to surrounding human disturbances including
20 residential home sites.
21 Where golf course fairways or lakes are adjacent to the nest site wetland, the managed
22 upland perimeter may be reduced to 50 feet in width and the visual screen eliminated provided the
23 width of the fairway or lake is at least 150 feet.
24 The upland perimeters and buffers may be modified as appropriate to accommodate landscape
25 design or sound environmental planning, so long as the proposed plan will not significantly reduce the
26 area of the wetland nesting depressional, transitional wetland, or upland foraging habitat; and so
27 long as no construction occurs within 300 feet of the designated ·center" of the proposed nesting
28 site.
29 Management of the non-golf course portions of the buffers and wetlands shall be pursuant to
30 recommendations developed in consultation with the Florida Game and Fresh Water Fish
Resolution No: 04-081
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1 Commission. During the months of December 1 to April 30, no construction within 300 feet of
2 preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane
3 nestS. In the event that active nests are found, construction shall not occur until July or 90 days
4 after the eggs hatc~ whichever comes first.
5
Resolution No: 04-081
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EXHIBIT H B
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MASTER PLAN FOR THE RESERVE
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT)
Resolution No: 04-081
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". .
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11 F OR THE RESERVE
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Resolution No: 04-081 April 20, 2004
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Resolution No: 04-081
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EDWIN M. FRY, Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE' 2644393 0Iii1312OOSat 12:G4 PM
OR BOOK 2270 PAGE 1483· 1549 Doc Type: RESO
RECORDING: $571.00
RESOLUTION NO. 04-081
2 A RESOlUTION AMENDING RESOLUTIONS 89-73,
3 91-228, 93-061, 93-125, 95-195, 97-023, AÞm 97-
4 086 ðND 98-100 APPROVING A SJX11.4 ~T.l::i
5 AMENDMENT TO THE AMENDED DEVELOPMENT
6 ORDER TO THE DEVELOPMENT OF REGIONAL
7 IMPACT KNOWN AS THE RESERVE
8
9 WHEREÂS, the Board of County Commissioners of St. Lucie County, Flor.ida, has mode the following
10 determinations:
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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.
Calloway Land & Cottle Company orioinallv prepeses DroDosed to ·construct 4,100 dwelling
units; 1,600,000 square feet of industrial sp<1ce; 290,000 square feet of retail space;
100,000 square f~et of office space; and 250 hotel rooms, constituting a Development of
Regional Impact on the real property legally described in Section B below, locate(in St.
Lucie County and the City of Port St. Lucie, all located in the State of Florida.
The BOord of County Commissioners of St. Lucie County as the governing body of St. Lucie
County having jurisdiction over that portion of this project located in the unincorporated
areas of st. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider Applications for Development Approval for Developments of Regional
Impact.
On Decemb'er 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of
which due notice was published in the Ft. Pierce News Tribune, and recommended to this
Board that the Development Order approval for the Dev£lopm~t of Regional Imp<1ct known
as The Reserve, be granted.-
The Board of County Commissioners of St. Lucie County, Florida, on the 15th day of
December 1988, held a public hearing on the Development of Regional Impact Application
for Development Approval for The Rese.rve, and has heard and considered the testimony
taken there at.
At this public hearing, and following its closure, the Board of County Commissione.rs
continued any further action on this application until Tuesday. December 20, 1988.
April 20, 2004
Poge 1
Resolution No: 04-081
Final
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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.
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.
On December 20, 1988, the Board adopted Resolution No. 88-357, effective December 28,
1988, granting development order approval to The Reserve.
On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the
County's D~velopment Order to the Florida Land and Water Adjudicatory Commission.
In March of 1989, representatives of the new project developers and the Treasure Coast
Regional PlaMing Council reached a settlement in regard to the items under appeal and the
amended Development Ord.er, resolution 89-73, reflects that settlement.
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.
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 knowRas The Reserve.
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.
On Mat 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.
On July 27, 1993, this Board granted approval to Resolution 93-125, which provided for a
third amendment to Resolution 89-73, the approved Development Order for the
Development of Re.giol"lOl Impact known as The Reserve and determined that the proposed
amendments did not constitute a substantial deviation to the original Development Order.
At the time Resolution 93-061 was approved by the Board, the approval was conditioned
upon the applicants, Callaway Land Cattl£ Company, filing with St. Lucie County, The Florida
Department of Community Affairs and the Tr£asure Coast Regional PIOMing 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
r~lated conditions effecting the development of this project by November 23, 1993. The
April 20. 2004
Page 2
Resolution No: 04-081
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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.
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.
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.
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, 1995 on the proposed amendments to Resolution 89-73, as previoU$ly
amended.
On October 17, 1995, this Boord granted approval to Resolution 95-195, which provided for
a fourth amendment to Resolution 89-73, the approved Development Order for the
Development of Regional Impact known as The Reserve.
On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land
and Water Adjudicatory Commission ànd Notice of Appeal of the approved Amended
Development Order for the Reserve (FLWAC Case No. 96":010).
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).
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).
On February 4, 1997, this Boord 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
~solutjo" No: 04-081
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April 20, 2004
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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.
. 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.
On August 18, 1998, this Board ke eI IS IUI8lie keeri"!l, ,.f whieh slfe '1f81ie Aetit;e VISS
ptdlllisheEl iA the Pert St. Llfeie ~JeV:5 aPlel tke TriBIIAe eA ¡If~; ¡G. 1998 eA the ,re,esea
sl'I\eAs"'eAfs fa ResellftieA 89 73, as "revielfsly a"'Mded. aronted aDDroval to Resolution 98-
100 whic;h Drovided for a sixth amendment to Resolution 89-73 the aÞÞroved DeveloDment
Order for the DeveloDment of Reaional ¡mood 1Q:¡0wn as the Reserve.
The Be81"8 believes that appre\'iAg tkis si,(tk al'l\M81'1\Mt te tke AtnMded Fi..81 Develepll'lMt
Orser tel' The Reserve is ¡A the "est ¡..terest ef tke I'1I81ie keeltk, sefety a..EI plfBlie
welfare sf the eitizerIS af St, Llfeie 'ell"'ty, FI'p'isa. MS fllrtket' tkat the prepeses
SII'IMSll'lents de Aet eel'lstitlfte a slIhstlSl'ltial ée'¡iati.", t. tke arigil'l8l [;)evelepl'I\Mt Orser, a5
slI'IeA8eé. On Auaust 22 2003 Reserve Homes Ltd L P filed a Notification of ProDosed
Chanae to an ADÞroved DeveloDment of Reaional Imoact Dursuant to ChaDter 380.06(19),
Florida Statutes (NOPC) for a seventh amendment to Resolution 89-73 to. amona other
thinas amend the DRI DeveloDment Proaram to be as follows: 3 200 resiclential units:
500 000 SQuare feet of industrial sooce: 290000 sQuare feet of retail sooce: 100.000
sauare feet of office sooce: 250 hotel rooms: 4 aolf courses with accessorY buildinas and a
ooss;ve and an active recreation area which mov include: baseball and multiDurDose fields:
oDerational offices: welcome center: oorkina for 750 vehicles: and a children's team SDorts
trainina c;enter: on 81+ acres. The NOPC also amends the boundarY of tlie DRI to eliminate
10 acres from the DIU.
On ADril 20 2004 this Board held a Dublic hearino. of which due Dublic notice was Dublished
in the Port St Lucie News and the Tribune on ADril 9. 2004 on the DroDosed amendments
to Resolution 89-73 as Dreviouslv amended.
The Beap's af CelfAty Ce",,,,issi''''efS ee..tiAl:les with the fellav:il'l§ ."'Mses FI~JDnJ~S sf
FA'T aAs 'O~JQ.USIO~JS ef LA VI with regsl"s te the .~.ppljeetie.. fer De·..elepll'lel'lt
"!,,,revel as cites iA Resellftie.. 89 n: The Board believes that aDDrovina this seventh
amendment to the Amended Final DeveloDment Order for The Reserve is in the best
interest of the Dublic health safety and Dublic welfare of the citizens of St. Lucie County
Florida and further that the tlrODosed amendments do nQt constitute a substantial
deviation to the oriainal DeveloDment Order. as amended
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:
Resolution No: 04-081
Finol
April 20. 2004
Peg« 4
Double Underline is for addition
itrihe "R\NII§h is for deletion
AMENDED FINDINGS OF FACT
2 A.
3
The proposed Development is not in an area of Critical State Concern as designated
pursuant to the provisions of Chapter 380.06, Florida Statutes.
The State of Florida has not adopted a land development plan applicable to the area in which
the proposed Development is to be located.
On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and
recommendations on this development pursuant to Chapter 380.06(12)(a), Florida Statutes.
4 B.
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6 C.
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8 D.
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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 Chapter 380.06(12){a), Florida
Statutes.
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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 Chapter
380.06(12)(a), Florida Statutes, and determined that the proposed changes to '!'he Final
Development Order for the Reserve would not constitute à substantial deviation to the
previously approved Development Order.
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The Treasure Coast Reaional Plannino Council advised the Countv that it had reviewed the
Notification of PrQDosed Chanoe to a Previouslv ADDroved DeveloDment of Reaional ImDact
for the Reserve DRI. filed Auo\Jst 2003. Dursuant to ChaDter 380.06(19)(f)(4), Florida
Statutes and determined that the DroDosed chances to the Final DeveloDment Order for
the Reserve DRI would not create sionificant reaional imDacts not Dreviouslv reviewed.
23 G.
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The proposed Development is consistent with the local comprehensive plan, development
laws and regulations of St. Lucie County.
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As Dart of the seventh amendment to the Dreviouslv aDDroved DeveloDment of Reaional
ImDact known as The Reserye. it is acknowledoed that thedeveloDu has submitted a
comDrehensive air Quality comDuter modeUno studY that demonstrates that State and
federal air auality standards have been met: and which does not identifvanv exceedances
reauirino carbon monoxide monitorino or abatement.
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In the seventh amendment to the Dreviouslv aDDroved DeveloDment of Reoional ImDact
known as Th~ Reserv~. fil~d on Auaust 22 2003. Reserve HOl1\es Ltd.. L P incltJded a
DroDosal to amend the master site Dlan for the Reserve DRI to includ~ a aeneral DurDose
around c;oMection/roadwav between a DoMion of the Sable Creek Subdivision and the
DrODertv to the south of this site As Dart of the ADril 20 2004 DubUc hearina on the
Notice of ProDosed Chanae (NOPC) Reserve Homes Ltd L P withdrew from the
Resolution No: 04-081
Fined
April ZO, ZOO4
Page 5
f)ouble Underline is for addition
¡frille -n....lllh is for dclctUlII
1 aoolication all orooosed am£1ldments to the oro iect that involved the reconfiauration of any
2 Dart of the overall oroiect site Dla" that would have Drovided for the constructiQn of any
3 a£1leral DurDose access connection into the areas south of the PGA Reserve ~ceDt that
4 Reserve Homes indicated that thev would. consistent with the reauirements of the PG~
5 Villaaes Final DeveloDment Order maintain an emeraericv onlv connection that would be
6 available to any local Dublic safety authorities should it be needed to address emeroencv
7 conditions.
8
9 CONCLUSIONS OF LAW
10
11 NOW, THEREFORE, BE IT RÉ50LVED by the Board of County Commissioners of St. Lucie
12 County, Florida:
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That in a public meeting, duly constituted and assembled this 20th dav of Aoril. 2004. !itA
de', sf l.I~g1:lst, 1998 ~... Resolution 9840Q-~, which amends Resolution 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:
20 APPLICATION FOR DEVELOPMENT APPROVAL
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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.
27 For the purpose of this condition, the Application for Development Approval shall include-
28 the following items:
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a.
Application for Development Approval dated July 9, 1987;
b.
Supplem£1ltal information dated December 3, 1987; June 15, 1988; July 22, 1988;
July 29, 1988; and August 12, 1988; and
Materials dated September 28, 1988; September 30, 1988; and October 6, 1988,
which were received by the Treasure Coast Regional PlaMing 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.
c.
April 20, 2004
Page 6
Resolution No; 04-081
Final
!)ouble Und~rliM is fo/' addition
Stril. 'fh1".lIlh is fo/' deletion
d. Notice of proposed change dated May 25, 1993.
2 e. Materials submitted January 31, 1994, August 5, 1994, and February 3, 1995 with
3 the Notice of Proposed Change/Substantial Deviation ADA for the substantial
4 deviation determination.
5 Í. Notice of ProDosed Chanoe filed Mov 5 1998
6 ~ Notice of ProDosed Chanae dated Auaust 22 2003.
7 . Resolution 89-73. as Dreviouslv amended is hereby amended to reflect that based
8 UDon the new analvsis and cqnditions setforth in this amended DeveloDment Order.
9 the followina conditions (from Resolution 98-100) are beino deleted and/or
. 10 amended:
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ParooraDhs 5 15 46 47 52 !$3 53A. 538. 54. 55A. 558. 55C56 57. 58 59 60.
61 62 63.64.65 66A 668 67 68 69 70 72 73 74.75.76 77 and 78:
. and the followil'lO conditions from Resolution 98-100 have been determined satisfied:
14 ParooroDhs 5 52 53. 54a 54b. 55A 558. 55C. 56 59b 60b-2. 60b-3. 64. 66B-d
15 72 73 and 77
16 COMMENCEMeNT OF DEVELOPMENT
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In the event the developer fails to commence significant physical development for any
development beyond that authorized in the Development Agreement within three years
from 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),
development approval shall terminate and the development shall be subject to further
development-of-regional-impact review by the Treasure Coast Regional Planning Council
pursuant to Section 380.06, Florida Statutes. For the purposes of this paragraph,
construction shall be deemed to have been initiated after placement of permanent evidence
of 0 structure (other than a mobile home) on Q site, such as the pouring of slabs or footings
or any work beyond the stage of excavation or land clearing. Phase I shall be completed
within twelve years. If not completed within that time, further development shall be
subject to substantial deviation review. Project buiJdout dates and phasing buildout dates
reflected in the ADA are'extended four years.
30 Termination Date:
31 This development order shall terminate 24 years from the effective date of Resolution 89-
32 73, (March 21, 2013). Any final development plan approvals not yet received at the
33 completion of this 24 year period will be subject to further review under the provisions of
34 Chapter 380.06, Florida Statues, or as subsequently amended.
Resolution No: 04-081
Final
Double Ulld~rline. is for additioll
it,ihe Tkr.",h is for deletioll
April 20, 2004
Page 7
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Clearing of specific building sites shall not commence until the developer is ready to
construct the building or buildings to be located in that site unless seeding and mulching of
disturbed arees 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 arees. 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.
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.
""e deyel.,er skell fllrl'lisk IS ee"""ekeMSiv8 8ir !lIIaHt)' 8s"',lItel" MsEl.lil'l! stllS'1 81'18. if the
""esel sh.v:" eHeeedel'lees, devele, 8 ,1M al'l" pl"e!I"8M tel" t8I"BS'" ""el'leHide MSl'litsri"! 81'1d
8BeteMeI'It, eM ¡""leM8I'1t ell attieM "Beess8!"! te I"edllte ear's'" ",a"'SHide eMi5"ial'lste
""eet State a",s fedel'eleir 41:18lity 'tsPlser'ss s8tersi"'g ta tke fellewi"'g ""i"'Î"'IIM
reqtlire"'eI'Its:
fr.
witkil'l twe 1f18",tks sf the eftedive sete ef the D&'Jele,MMt Order (t!ole esrliel" ef
tv:e sates if separate De\'elep"'ePlt Orders are ¡sslles by St. Llltie 'elll'lty a"8 the
City at Pert St.L\;Ieie; 8I'IS III'IIés5 al'l eHt8l'l5i.1'I hes BeM agrees lipS" hy the
savala"er 8"'8 T'ee5~"e 'e8st Regi'l'\8l Plel'l"i", Cell",eil), 511BMit s eeM'p'ak8l'l5i...a ~il'
I tlali;',. te...ptltel' ""saeH,,! St1l8'f seeal"sil'l! te e stlldy desi~1'I 8"pl"e1ô'es BY T"easttl"e
'east Regie",el PlaMi"g 'eltl'ltil i", eeMlllte1'iel'l wit!ol '!ole Del'art""el'lt .f EI'I,..i,eI'lMMtal
Regtllatiel'l;
&:
il'l œS8 ef eHeeesa",ees as idMtifias hy the Meaelil'lg shey" SlIhMit withil'l felll"
Ment"s ef the e"preveI! ef the I'ftedelil'l! stllåy a "Ia", te Mitigate "rejed relates
tl"8ftie ail' !llIslity i"""sets 8"S i..."leMMt the pia", te tka "'MiMII'" eHtep\t ,a5silJle.
"O\e "Ial'l shsll 8e sppreve8 BY tha TI"885l1re 'east RegieMI PlarJ'lil'lg 'etll'leil il'l
eel'lSlIltatia" witk the DepSI"1'Me"'t ef El'lvirel'lMeI'Ital Reg~18tie~ sl'le
c.
i"'I"eMeI'\t 81'18 Mel'litar tke llan.
33 ~~:r~il~jìQ'2
34 HISTORIC AND ARCHAEOLOGICAL SITES
35 6...5.
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In the event of discovery of any archaeological artifacts during project construction, the
developer shall stop construction in that area and immediately notify the Division of
Aesolution No: 04-081
Final
Apri120,2004
Page 8
bouble Underline is for addition
&trihe "J:h,e..,h is for deletion
1 Historical Resources in the Florida Department of State. Proper protection, to the
2 satisfaction of the Division, shall be provided by the developer.
3 HABITAT, VEGETATION, AND WILDLIFE
Wetlands 1,4,5,6, 10, 15, 16, 26, 33, 38, 39, 52, 61, 61A, 619,62,63,64,65,71,78,80,81,
83, 84, 86, 89,91, 92 and 93 as permitted and delineated in the jurisdictional survey and
reflected on the Master Plan, Exhibit H (o.k.a. Map H) shall be retained and/or restored if
necessary, and maintained in viable condition in perpetuity. The applicant shall obtain
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 listed species of
the preserved wetlands are not adversely impacted, the permit approval of the wetland
alteration/restoration shall be. based on coordination with and review by the Florida Game
and Freshwater Fish Commission. Any development of areas set aside for preservation or
special protection of endangered or threatened plants or animals designated as endangered,
threatened or species of special concern, as identified on Map H, shall be subject to
development order review pursuant to Section 380.06(19)(b)16, Florida Statutes. Any
alteration or modification to any other preserved jurisdictional wetland that is done.
consistent with any Federal, State or regional permitting agency shall not constitute a
substantial deviation. Such wetlands modification shall be iñcluded i.n the annual
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 ¡ater 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 developer$' reasonable control,
to any of the identified wetlands prior 'to bllild-out of this project shall be the
responsibility of the developer to repair.
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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 Game and Freshwater
Fish 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:
Resolution No: 04-081
Final
April 20. 2004
Page 9
Double Undl!rline is for addition
¡t..ihe l:Jtr8111h is for ëfcletion
6Zð,.
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2
1.
the ditch connecting wetland 618 to the C24 outfall route has been plugged up to
the rim of the wetland: and,
3
4
5
after January 1, 1997 unless all of the remaining restoration required by this
condition has been completed and aþproved by the South Florida Water Management
District.
2.
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.
12 bit
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Any wetland habitat creation 'permitted under +his condition ~ 6 or 70 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 (2oo0th) residential unit in The Reserve.
15 8.
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No final plaMed development or plat approvals shall be issued after January 1, 1994 until
one of the following-Qctions hav~ been completed: .
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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
a.
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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
b.
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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.
c.
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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. cind
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 sholl be transferred with
restrictions that require their preservation as nature habitat area. Such lands shall
Resolution No: 04-081
Final
April 20. 2004
Page 10
bauble Underline is for addition
. fitril'll1=h"'"I" is for clcletion
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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 thousandth (2oooth) residential urtit in The Reserve.
The developer will provide St. Lucie County and Treasure Coast Regional PIOMing
Council copies of the permits or other instruments showing compliance with the
above conditions.
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 easemertt or some other irtstrument
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 ¡nclude 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
Resolution No: 04-081
Final
April 20, 2004
Page 11
Double Underlille is for addition
¡'rihe "!=hr_,,!" is for deletion
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snail planned development or plat approval be issued after January 1, 1997 without
completion of wetland habitat as described in (a) above.
e. Any wetland habitat creation permitted under this section shall be completed by the
earlier to occur of January 1, 1997 or the issuance of a final plOMed development or
plat approval for the two thousandth (2000th) residential unit in The Reserve.
The developer will provide St. Lucie County and Treasure Coast Regional Planning
Council copies of the permits or other instruments showing compliance with the
above conditions.
Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the
South Florida Water Management District prior to wetlands mitigation req.uired by this D.O.
occurring on site. Asa minimum, the Master Plan shan set forth:
a. The general criteria for constructìon and maintenance of wetland habitat;
b. identify the location of all proposed mitigation relative to presuved wetland and
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 tne 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 nave 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 pucent of the cost estimate for
implementing the approved mitigation and monitoring plan;
b. puformance 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.
April 20. 2004
Page 12
Resolution No: 04-081
Final
Double Underlin& is for addition
5t,ll.. "I=hrellgh is for deletion
1 The specific form and adequacy of the guarantee shall be subject to approval by St. Lucie
2 County, if mitigation occurs within the County, or the City of Port St. Lucie and the TCRPC,
3 if mitigation occurs witnin the City. Financial guarantees shall not be released for any
4 portion of the project until work is completed, inspected, and approved" in writing by the
5 South Florida Water Management District. The an"ual report shall indude a summary of
6 wetland mitigation accomplished pursuant to the approved master plan.
7 A copy of the approved Mitigation Master Plan will be provided to Treasure Coast Regional
8 Planning Council.
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Lakes or canals shall not be excavated within 200 feet of any wetlands which ore 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 on the
basis of soil or other data showing that water table elevations within preserved wetlands
would not be adversely affected.
15 A copy of any South Florida Water Management District permit or other consent
16 addressing this condition will be provided to Treasure Coast Regional Planning Council.
17 12.
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To help assure that maintenance or implementation of predevelopment hydroperiods occurs .
within the preserved ( nd restored wetlands and within any wetland mitigation areas, final
drainage . plans sholl 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 atid control elevations os shown on
the final drainage plans to achieve the intent indicated above.
25 Copies of the South Florida Water Management District construction permits will be
26 provided to Treasure Coast Regional Planning Council.
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The developer sholl preserve and maintain 0 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 MOTIOgement 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 sholl 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
April 20, 2004
PQ9.e 13
Resolution No: 04-081
Fil'lQl
Double Underline is for addition
6t,¡he " :h'.II!Jh is for deletion
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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 withi", 200 feet of any wetland to be preserved or restored. .
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 fo~ the Red-cockaded Woodpecker contiguous
with the colony. The Developer shall not develop the under land 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 insure 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.
A copy of the approved plan shall be provided to Treasure Coast Regional Planning Council.
The developer sheU-WfJreser'¡e oreserved 1'18 less thl" 29 I'ereeAt a minimum of (490
Qcres~ 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 d~oicted on the referenced Exhibit C. which is to
be keot on file with the St. Lucie County Community DeveloDment Dire<;tor. 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 sit~ and Sandhill Crane upland
buffer. may be counted toward meeting this mininwm requirement. The balance of this
preserved acreage may be the result of micrositing of development or selective clearing of
areas to be developed. including individual lots when developed, provided maintenance of
Resolution No: 04-081
Final
. April 20, 2004
Page 14
Double Underline is for addition
¡trill. "RJ..~'lIlhlsfor deletion
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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. No credit toward this 25 percent may be given
for land set aside in compensation for wetlands destroyed by the development which are
required to be mitigated. 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).
Consistent with the (¡DDlicable local Government develoDment reaulations a Dortion of the
reauired uDla"d Dreservation set aside may be met bv the creation of uDland h(¡bitat within
the PGA VillaGe !)RI buffer area alono the western Derimeter of the Droiut as deDicted on
the PGA Village !)RI master Dlan The buffer area shall be a minimum of 200" in width.
average 500' and a maximum 1.000' in width. No develoDment shall occur within this area.
The buffer area shall be Dlanted in native veaetation in conjunction with anv develoDment
adiacent to that area. The develoDer shall Drovide evidence of aDDroval from FPL to Dlant in
any area within the FPL riaht of way. The buff~r shall be considered an aDDroved uDland
mitiGation site for meetina uDland Dreservation reauirements The mitioation ratio for
reDlantino the buffer will be 1.5 to 1. Anv areas used within the PGA Villaoes !)RI os a
receivina area for aAV relocated uDland habitat from the Resuve !)RI shall not be counted
as DOrt of any reauired UDland habitat Dreserve for the PGA VillaGes !)RI
Exhibit .C". a CODY of which is to ~e keDt on file with the St. Lucie County Community
!)eveloDment !)irector identifies 11\a 1!Ievelepel" shell iéMtify 8'" S £1I1"I"8I'It !ls8E1 4!lyelit·,
eel"iel "hets the min"imum 490 acres fIIIee5 preserved pursuant to this conditionsRè SI:iD",it
tke ",el"l(eEl eeriel Me i",siesta tha eel"esge i.. the eMt:tsl repel"t l"efJl;lil"aè D}' Sedi8'" 38Q.06,
Flel"iée Ste1'lItes. The annual report shall include copies of deed restrictions assuring
preservation of native upland habitat acreage. Preservation on individual lots, if used to
meet the habitat requirement, shgH be established by the developer through permanent
deed restrictions. The annual report shall also include copies of dee.d or other restrictions
assuring preservation of native upland habitat acreage. Portions of the reauisite 490 acres
of ueland Dreserve located in the City can be develoDed and offsite uDland habitqt Drovided.
Prior to commencement of clearing activities on any portion of the Reserve site, the
!)eveloper 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 spuies 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 annual report required by Section 380.06 Florida Statutes, shall include a
summary of survey and relocation efforts prepared by a qualified biologist.
Resolution No: 04-081
Final
April 20, 2004
Poge 15
Double Underline is for addition
¡trill. 'Ro.PIII!h Is for deleti on
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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 B3 and associated
buffers (as identified in Map H). The other shall include portions of wetland 61, which
includes 61A or 61 B) and associate buffers (as more specifically identified on Map H). The
developer sholl, 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 conditio" shall be attached hereto and made a part of hereof.
These wetlands areas shall be depicted on Map H as preserve areas co"sistent with
Conditions h 2 and 13.
Management of the non-golf course portio"s 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 con$fruction 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 fou"d, construction shall "ot occur until July
or 90 days after the eggs hatch, whichever oc;c;urs first. Construction of these areas during
the months and days indic;ated may proc;eed based in c;oordination with the Florida Game and
Freshwater Fish Commission.
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 .Iabel
instruction, shall be applied only by, or under the supervision of, State of Florida licensed
applicators, and sholl 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.
Prior to further development octivity, the developer shall provide the Treasure Coast
Regional Planning Council with a letter assuring that access will be allowe,d to The Reserve
Development of Regional Impact in perpetuity for the purposes of monitoring compliance of
the project with conditions set forth.
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.
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 sholl be
April ZO, ZOO4
Page 16
Resolution No: 04-081
Final
[)ouble Undoulirut i. for addition
'.rihe Th......" i. for deletion
1 in such a maMer' that avoids seed dispersal by any of these species. There shall be no
2 planting of these species on site.
3 DRAINAGE
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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 one
inch 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.
10 All discharges from the surface water management system shall· meet the applicable water
11 quality standards as established by the Florida Administrative Code.
12 Completed construction pursuant to a valid South Florida Water Management District
13 construction permit for a stormwater management system shall constitute compliance with
14 this condition.
15 22.
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The developer shall design end 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
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 apþroved by the
appropriate agencies for the development area or drainage basin. Treasure Coast Regional
Planning Council will be provided copies of any construction permits issued by South Florida
Water Management District.
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 wdland habitats.
Maintenance and manogement 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
Resolution No: 04-081
Final
April 20. 2004
Page 17
t)ouble Underline is for addition
¡trill. 1=h1.III" is for deletion
1 the City of Port St. Lucie to replace the developer shall be required, at a minimum, to
2 assume the responsibilities outlined above.
3 All golf course irrigation systems shall be designed in such a maMer as to allow for a
4 minimum 100 foot separation from any existing or proposed potable water well, (ref FAC 17-
5 6.040(4)(q». Should the waste trtotment system not meet the standards of a Class I
6 reliability, then this minimum setback shall be 500 teet.
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The developer shall establish a vegetated and functional littoral zone as a part of the
surface water management system of lakes. Pi-ior to construction of the system for each
development arto 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 ~tent.
method, type and timing of atiý 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 continu~d viability and health of the littoral zone.
21 The littoral zone as established shall consist entirely of native vegetation and shall be
22 maintained permanently as part of the water management system. As a minimum, ten square
23 feet of vegetated littoral zone per linear foot of IOke shoreline shall be estáblished. -The
24 plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the
25 South Flor[da Water Management District prior to the beginning of any excavation activity.
26 Littoral zones shall be constructed concurrent with lake ~cavation and final grading.
27 Operational permits for the surface water management system shall not be issued until such
28 time as the littoral zones have been constructed and inspected.
29 WATER SUPPLY: POTABLE ANb NONPOTABLE WATER
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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. No withdrawals from lakes shall be permitted which would adversely affect
wetlands required by the Development Order to be preserved on site, or wetlands and
littoral zones crtoted on site as mitigation for wetland functions and values lost as Q result
of this development. At the time of water use permit issuance or renewal, the developer
April 20. 2004
Page 18
Resolution No: 04-081
Finol
[)oub~ Underlilll! is for addition.
¡trihe " :ft..,..fh is for ckktion~
",.' .
1 snail comply with applicable South Florida Water Management District rules and criteria for
2 permit issuance, which criteria may in the future require the use of reclaimed water.
3 The continued or proposed use of surficial aquifer wells to supply irrigation water to golf
4 courses shall occur only as permitted by South Florida Watër Management District.
5 27. Construction of additional golf courses beyond those already constructed shall not occur
6 until it can be demonstrated to the satisfaction of the South Florida Water Management
7 District that sufficient irrigation water can be derived on a sustainable basis from
8 wastewater sources and surface water management system lakes to provide for irrigation
9 requirements without adversely affecting wetlands required by the Development Order to
10 be preserved on site, or wetlands and littoral zones created on site as mitigation for
11 wetland functions and values lostas.a result of this development.
12 28. All water use by The 'Reserve Development of Regional Impact shall be metered, whether
13 derived from surface water management system lakes for irrigation or from wellfields
14 servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be
15 provided to the South Florida Water Management District and Treasure Coast Regional
16 Planning Council as part of the annual report to be submitted by the developer as required
17 by Seètion 380.0~, Florida Statues. .
18 29. To reduce the demand for irrigation water, a minimum of 30 percent of all landscaping
19 material and 50 percent of all planted trees ~hall be na.tive plants adapted to the soil and
20 climatic conditions occurring on site..
21 30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields
22 serving The Reserve Development of Regional Impact snail be located such that principal
23 land uses within the cone of influence of such wells are open space, preserve, or residential
24 are(!. In no case shall development which would use, handle, store, or produce hazardous or
·25 toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a
26 surficial aquifer potable water supply well, unless such use, handling, storage, or production
27 is consistent with binding wellfield protection regulations.
28 31. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless
29 . approved by the appropriate state permitting authority.
30 32. Water-saving plumbing devices shall be requir~d in all construction (both residential and
31 nonresidential) to reduc~ potable and nonpotabl~ water demand. These devices shall include
32 low flush toilets and efficient faucets and shower heads to help reduce th~ use of potable
33 water for these uses.
34 33. Rates charged for potable water use shall b~ structured to encourage water conservation.
Resolution No: 04-081
Final
tloub. underline is for odditiDn
it,;I. 1=hr.lI!k is for deletion
April 20, 2004
Poge 19
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All residential water requirements shall be supplied by a common utility which shall provide
water service to all existing and proposed development, except Sabol Creek Phases I, II,
III and IV.
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 Community Affairs, 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:
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:
a.
b.
the potentiometric head of the F'oridan Aquifer, if applicable; and
c.
the ability of existing legal users to meet their permitted potable and nonpotoble
requirements.
16 Parameters and methods of hydrologic investigations undertaken to demonstrate that a
17 sufficient source of water is available to serve further development proposed by the
18 developer without "adversely impacting the items listed above shall be established to tl:le
] 9 satisfaction of the South Florida Water Management District. Receipt of a valid South
20 Florida Water Management District consumptive use" permit for a withdrawal shall
2] constitute compliance with this section.
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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,
IrA, and Ire, which contain lots which are in excess of the minimum requirements of one-
l:Ialf 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.
Any consents or other approvals required from the Treasure Coast Regional Planning Council
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 submissions and other data required by
such agency (including TCRPC) from developer, has been supplied.
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
Resolution No: 04-081
Final
April 20, 2004
Page 20
Double Und&rline is for addition
'trill. "R>t....wth is for deletion
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1 responsibility of Tht Restrve Community Development District until such time as it may be
2 conveyed to another entity. Any entities subsequently authorized to replace The Reserve
3 Community Development District shall be required, at a minimum. to assume the
4 responsibilities outlined above or delegate such responsibilities to another entity to the
5 satisfaction of the City of Port St. Lucie and St. Lucie County.
6 Appropriate plans, specifications and applications for the water plant expansion shall be
7 submitted to the Department of Environmental Protection (DEP) upon the existing water
8 treatment facility reaching a finishing water maximum day demand equal to 80% of the
9 DEP's rated plant capacity. Construction of the expanSion shall begin before or when the
10 facility achieves a maximum day finished water production equal to 90')'0 of DEP's approved
11 rated plant capacity.
12 39.
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The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised
November 1988. as contained in The Reserve Development of Regional Impaè:t 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 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.
20 WASTEWATER
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Developmènt shail only occur concurrently with the provIsion af adequate central
wastewater treatment services. Prior to application for building permits for any part of The
Reserve Development of Regional Impact at the begiMing of each phase, the developer shall
demonstrate that adequate treatment facilities will exist on schedule to handle all
wastewater generated from both completed and plOMed development. Evidence of adequate
treatment and disposal capability shall be subjr.ct to approval by St. Lucie County and the
City of Port St. Lucie in consultation with the Department of Environmental Protection.
28 The central wastr.water treatment system shall be expanded based on the following flow
29 capacities (actual 3 peak month average daily):
30
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35
a.
When flows reach 60% of permitted capacity, a consultant will have been chosen.
b.
When flows reach 70')'0 capacity, appropriate pions. specifications and application for
wastewater plant expansion shall br. submitted to the Department of Environmental
Regulation.
c.
When flows reach 75')'0 capacity, construction shall begin and be completed and
certified prior to flows reaching 95% of permitted capacity.
April 20. 2004
Page 21
Resolution No: Q.4-081
Final
Double Underline is for addition
¡...,ihe "RI,....,,, is for deletion
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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.
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
physicol responsibility of The Reserve Community Development District until such time as
conveyed to another entity. Any U\titi~ 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.
12 HAZARDOUS MATERIALS AND WASTE
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Within three months of the effective date of the Development Order (the earlier of two
dotes if separate Development Orders ore 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 dfective date of the bevelopment
Order, no further final planned development approvals or plats shall be issued for any part
of the project until approval is ·obtained. The plan shalr:
a.
require disclosure by all owners or tenants of non- residential property of all
hazardous materials proposed to be stored, used, or generoted 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 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.
April 20, zci04
Page. Z Z
Resolution No: 04-081
Final
Doubll! Undl!rlilll! is for addition
.&t,.il.. 1=h,.I..,h is for dildion
1 MONITORING AND COMPLIANCE
2 44.
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In addition to 011 information required by Chapter 380, Florida Statutes; by Chapter 9J-2,
Florida Admintstrative Code; by St. Lucie County; and by the City of Port St. Lucie for
inclusion in an annual 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;
b. 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.
13 EDUCATION
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From the date of e~ctment of this resolution, un.til January 1, 1989, any residential
development permitted within The Reserve, shall be subject to the voluntary school
assessment incorporated OS a part of that unit's development approval. Effective January I,
1989,.011 residential development within this project shall be subject to the te,rms and
requirements of St. Lucie County Ordinance 88-~6, School Impact Fees, and as may
subsequently be amended.
20 RECREATION AND OPEN SPACE
21 46.
22
23
24
25
26
27
28
29
30
31 .
32
33 U.
34
35
36
The developer shall reserve a minimum of eight acres of land i" fellr "ereels "e less the"
two seres eath i". sile 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. +h&- Prior to the deliverv of
anv r£.creational Darcel to an aDDfoDriate homeo~nef's association. the' developer shall
esta.blish a fund of not less than $&,000 fer $20000 for construction of. or construct
aDDroDriate. recreational facilities on eeeh parcel¡ to be turned over to the appropriate
homeowners' association te pl'e'iie!e i,,¡tiel fl:l"e!iPl! hI' feeili'ies eft Heh "al'eal. The
apl'l'epl"iete etyllipMe"t 81' faeilities fa ba sel/ele"es e" ese'" "el"'eel shell be øeterlfti"ael !'ï
tha he",e8w"ers' esseeietie".
'lJith¡PI 8"e )'eel' ef the effeeti';e seta ef the De'lelepMeP\t Greal"' (tha lettel' ef 'we setes if
se"el"'ete t>evelepMeI'It Qreer. era isslleel !'y St. llleie CI""1y Me! the Ci1y ef Pert St. Ltieie),
the se',ele,el"' shell ,.re':iee e pie" hI' the pre·¡isi.PI If !'eaeh ee:e~ "ei"ts MS pel'lci"9
feeilities t8 Meet the eelM"é el"'Htee b'l I'MiEle"tiel EI&';ele,Ment i" The Aeserve
April 20, 2004
Pogc 23
Resolution No: Qo4-081
Finol
Double Underline is for addition
, Strill. "R\r8l1gh is for deletion
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
~:~epl...el'lt af Reg i81'1al ¡"'peet. TAe plal'l skell il'leh:l8e 81'1 eV61ustiel'l 81'1d estilM~~ ~f ~~
_ 8 fal' Beesk ateess paiflts ifl Betk St. L1:ude al'l8 Mal'til'l Cel:lAties. 1=he I'I'Ietkeå8Ieg't
~~: ,,::.:,t .b...h. ........01 pa:II;~! oI_oIahall ba "!Ireeol.,... "" tha oI.,,~a~~ ~
8. "" eles "1"181' fe "Ia" 1"lflatl8'" al'\8 skall !se sul"""tte" as I'al't 8f ~~ :e~~~t~
~. :. ,1M .hall p:",,;oIa 'pra!_ far ....t;"!!""I prej..... 01.......01. ~~.~~~.~
8 ,8'"_88'1' St. LUCie CeüMy. Me,.tl" 'eul'lty, ens tke "'f:reeS1:il'e 'east R~~~I ~~~
~ul'\~1 ;8'1 "I'e'lide the ee1:iMy 8e",,,,,ents el'l tke 1'181'1. If al'I'1'8'1al is ",et elstail'le8 v;itkil'l twe
,eel's 8f tAe effeetive sate sf tke Devele'l'I'IeI'\t Ordep' 85 afep'e"'entiel'le~, ~ !~~~~
8l:1ilsi"'g "ep'",its shell Be iS6ue" fel' sl'Iy "ep't ef the "I'ejeet l:I"til aPl're'l61 is 8Btail'leel. Beech
aceess I'ail'lts sfle I'al'lti~ faeilities skell Be es"stl'l:IdeEf 8I'Id a'lei.leele tø serve I'1'8jettes
Efel'l'lal'ls i" 8EeerS8I'\ee witA the a"pl'eve" pial'\. SI:IBjeet tø tAe fep'egeil'lg, il'l'll'1"8lJel'l'l8f'lts
reql:lil'es ef tAe De'lelsper shalll"lst eMceeè, il'\ "l"epsP'tiel'l1'e the 18';elef serviee sr faeilitie5
mcu!e availaBle B'f the l"e5pedíve 's1:ll'lties fer theil' I"esisel'lts.
17 POLICE AND PUBLIC SAFETY
18 4i il. Prior to the issuance of any building permits, in any portion of this project in the
19 unincorporated areas of St. Lucie County, the following assessment shall be paid for the
20 purpose of police/public safety:
21
22
23
24
25
26
27
28
29
30
31
32
Residential:
Single Fami Iy
Multi-Family
$ 111 per unit
$ 99 per unit
Office:
Medical Office
Financial Office
Other Office
$231 per 1000 sf
$506 per 1000 sf
$127 per 1000 sf
Retail:
0- 49,999.9 sf
50,000 - 99,999.9 sf
100,000 - 199,999.9 sf
$250 per 1000 sf
$298 per 1000 sf
$299 per 1000 sf
$111 per unit
Hotel/Motel
33 Upon the enactment of a formal public safety (police) impact fee ordinance by the St. Lucie
34 County Board of County Commissioners, the terms and conditions of that ordinance shall
35 apply to ~ 1h2a 1:I"il'lesl" t,,,atee portions of this project, described in Section 8 of this
36 resolution.
April 20. 2004
Page 24
Resolution No: 04-081
Finol
Double Unde.rline is for addition
,.,ille 1=hrell!h is for deletion
FIRE PROTEcnON
2 49~. The developer shall reserve one parcel. Q minimum size of two acres and configured to meet
3 the needs of the St. Lucie County/Ft. Pierce Fire District. within the Reserve Commerce
4 Park. This site shall be conveyed to the Fire District in a manner and time acceptable to the
5 Fire District, if so required.
6 Prior to the issuance of any building permits for any residential unit within The Reserve,
7 including any hotel/motel unit, the developer shall pay to the st. Luci-e County/Ft. Pierce
8 Fire District the sum of $225 per unit to meet the fire protection needs of this
9 development.
10 Upon the enactment of a formal public safety (fire) impact fee ordinance by the St. Lucie
11 County Board of County Commissioners, the terms and conditions of that ordinance shall
12 apply to those portions of this project. described in Section B of this resolution.
13
14 ENERGY
15
16 §G~. In the final site and building design plans. the developer shall:
17
18
19
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:
20
21
b.
comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida
Statutes: and,
22
23
24
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.
25 As a minimum, the developer shall demonstrate that incorporation of energy conservation
26 measures already committed to and those measures to be incorporated by the requirement
27 of Condition 51 below has reduced projected energy demand by 20 percent below that
28 demand which would have occurred without incorporation of the measures.
29 it 22. The developer shall incorporate each of the 17 energy saving methods outlined in the
30 ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment
31 Report for The Reserve Development of Regional Impact unless it can be demonstrated to
32 the satisfaction of the Treasure Coast Regional Planning Council that individually each
33 method is not cost effective.
34
Resolution No: 04-081
Final
ðouble Unœrlilll! is for addition
¡trill. 'R1".II:!Ih is for deletion
April 20. 2004
Page 25
1 TRANSPORTATION
2 §2.
3
4
5
,6
7
8
9
10
11
12
13
14
15
16
17
þoJs 8l:tilài!'l' perMits shall be iSSI:te8 afte,. the effeet;'e eate ef the DevelopMellt 0,.8e,. (the
eerlier ef hu eates if sepàrate Ðe'lelop"'Mt O',.ee"s are issHee b, St. Luei~ COH!'It·! 81'\ä tAe
City efPo,.t St. Ll:teie) fel' the Reser'/e.l:)e·¡elopM8Plt ef RegieMI I"'pad uI'\til the I'\eeessary
r¡,At af way ewp\eø 8'1 ~1I8w8'1 LSI'Ie &I Cattle CSMpa"'Y ale",! the westel'ly eHt8l'lSis", ef
PriMa 'ista BaHle\~,.s has 8e8l'l se8ieatee free Me tlesl" sf all HMS al'\8 Me..Ma.....ees te
St. Ll:teie Cs..",;y e,. Flsl'iøa Deparh"8I\t sf 1=P'8I'Ispsl"tatis'" as !'Iee86sary al'\8 eel'\SistMt with
the Sf. L..eie Ceu..ty Therel:tghfal"e Pis", fer. PriMa Vists Be I:tIB'Iarå, Me ¡..teF'sedieM
t"'Breef, Me as I'\eeessary fs previee te.. I:tltiMate IlII'Ie8§e af Prima Vista Bel:tle\~rå.
~f~Si"!,~~~:Øttrt.4ï~t':4ìöj
53.
P,.iM8 Vista ge..leIJare, west ef I 9§, s"'all Be åesi§!'Ieå as a prilMry "uaUt aBBess I"eute
eMt8l\åil'\§ fra", t"'e I 9§ i..tere"...,ge ta the we9t/sel:tt"'v:est pl'apel'ty 1i"'85 af ~e Reser'/e
Develep",ent sf Regie....1 ¡Mpset, al'uf apprepriate rig"'t . af way shall Be ee8ieatee ta prel/iàe
fer sHe'" 6A aUgl'\Me..t. £)86i,.. Me eel'\strHetie.. .f the r.aøwa, shall lMi!'ltai!'l aeeept8Ble
le·.els ef ser'/iee el'\ bet'" Prilft8 Vista Bel:tlevel"e al'\eI I 9§ ...eI "'eet the "8II..ire",el'\ts sf the
Flel"iea Depal"tMMt ef TrMSp8r'tatie.. 81"\1:1 the Feseral Highway .f¡ø",il'\istratiel'\.
~~.......:-.., ·:·,·-':'--..I···~'--···,· ...,.._..._~,~»!lI<¡'~-~',.': ':~i!:i1' .~¡-,,,,~....,,.-
:I.m.·" .... ,,- it ~'-'':''''.' œ'ãF""¡Ìíff' 1:!ll02
",._"~ -J~!f~".... .",,!m...... ...,.,._.".
18 §u,. Withi", the Resef";e CeMMeree CMter, il'\sl:t5tl'ial 181'18 l:tSe ",a' I b~, eHehsI'\gee fer the
19 fellewil'l§ alterM'e IMe! I:Ises, 5e ISl'Ig 85 the tital ,,"' peel. "'e..l", peel. sirediel'\ traffic
20 ¡""peet treM sll I:tses wit"';", the Reserve CeMMerse 'Mtel' se89 l'Iet eHcees t"'e e..rf'eAt
21 8ppraveØ traffic i"'paet attriButaBle t. i,,8..stl'ial eeyelep",ent:
Indwstl'¡.1 1,300,000 'II # I;IOQ ~
RetireMe"t ~QO lie'" ~ m
~
~ W1 9
""'Id" 221 ..... '1M i9
Melli..1 C'4Jl'ltep' 4;Ga ~
22
23 51. In the event the Develooer decides to increase the amount of oermitted uses within the
24 Prooosed Develooment the Develooer shall ¡nclude in an aoolication for PUD zonina for the
25 PUD ood within which such chanae is contemolqte.d ananalvsis showino the. DroDosed chanoe
26 and how it conforms to the conversion methodoloaies set forth below. In addition. the DRI
27 Annual Re.Dort shall include information indicatino the cumulative number of sinole-familv
28 dwellino units condominium/townhouse dwe.llino units timeshare. units hotel units. office
29 sauare footaae industrial sauare footooe and retail souare footooe that have be.e.n
30 aODroved bv the City and the County as of the date of the Annual ReDort but in no event
Resolution No: 04-081
Final
April 20, 2004
Page 26
Double Uftdeline is for additioft
St,ihe "A1¡r....h Is for deletioft
1
2
3
sholl more thon 50 000 souare feet of aeneral lioht industrial souare footaoe 25 000
SQuare feet of office souare footaoe or 25 000 sauare feet of shoDDino center sauare
footaoe be converted to another use.
The followina conversion matrix shall be used to allow land use conversions within the·
PrQDos£d DeveloDment:
ll.í&t
~ II:IåI ~ AiIIIIII ~ TI...."htIN ~
~ , Q1f IoIab.t ~ Tewahðug ~ ~ c:..n'....
~N'l1 Uðht ~ W !!Ii W !III ¡,zg W W
- g¡ I YIW It m It
io;,¡"",.. _~"...IIv·· 1.Q.U m M = W ¡W W !:.!!II W IoIIIÍ%I ~ If W sf
w.I m .sf ~ ØIi ;;:; g,zg m!! ¡,Qi . !!âitI m It !Pj It
i:ImI 1J3M ~ .u w II!! W åY' ;;:; ~ hIIÜI MI It W It
. 1.IlAI1 W ~ ~ II!! Q.H ill !1M cmI ;;:; m If 22 It
Qffu ~ Am M ¡s !II! ~ I!!! W I:I1II W waiU ã m It
~....+.... ~ mA .u ~ sill 2.a åII ~ = 1SW I4IÌ.tS ~ sf
...
538. F8l1evJi",! a"preval .f the øevelep....Mt "I'd8l' ....8øifieatie.. l'Ieeessary te þer....it the leeati...
ef the p\:lBlie aesess l'ea8 t,.e.... the I 9; i..te,.ehaÎ\!Je "8I"th thre\:lgk The Aesel"va C".,,,,erte
'eAt er eeMeeti~ t. ~la8es '\:It Off Aeael, the øei/eJ8l'er shall i"'",eeiately teM",eAee
s~r.vey , èesigA Me pe.......itti~ werle far tke eePlStr\:letie.. ef tke reset.. The P"8S8 skell he
~el'\Str\:leteè witki.. tv:a ,ears after a"",. e'/a I sf the a....Mees Devele"",e..t Order
M8sifieati.... This "e,.ies mey ha eHteA8eel 8\:1e tel 8elays i" pU'",itti"g 8"S aþ"1'"8vel by
8ctie.. sf the gever"i"g heeies ef the 'it)· ef Pert St. L\:Ieie Sl'\8 St. L\:Ieie 'e\:l"tv s"þp'ØviAg 8
wl"itteA reIJl:lesf fer eHtel'\Sie" t1'8.... tke eevele"er; kewevel'", tke "es8 shetl BI e8"str\:lcteEI
S"8 ."a.. t8 the "\:IBlie withi" e"I >t'eal' efte,. reeaivi..g ell pa"Mits fer its eel'\5frtldie". N.
Btli lei"g "e,."'its fer M'f I"esieential se'¡elep",ent 8S5eeiataø witk t"e fewth gelt ee\:ll"se
5"811 Be isstle~ tI..tiJ t"a raa8 is ee...."letee.
~·~~~8~l:8~!;t~~Zº?
5~. "~8 Btlil8i"g permits fer "8" i",étlstriel eevelep",ent 8f ",ere tAM 22& resiéentiel (1396 daily
trips) l:Iftits s"all be issl:les fa,. The RMer"'e tlcvele"....Mt .f Regi'l'Iel ¡",,,ad "..til e8",t"ads
"'8'1e·"e8l'\ let f81' the een5t,.tldie", ef i"te,sedia.. i...."".ve....ents fa eBtai.. t"'e fellewi",!
~8"figtlratie... i..eI\:ISiAg sigMlizatia.. 81" sl§Mliratie.. ",..Mieetia.. as wa"P'S",fee 8Y eit'(.
C81:J",ty, er state triteria, as a""lieehle.
8) First stage I 9§/Pril'fle '.'ists 8.\:I18'/8,è il'ltel"ek8l'lga
e) Pl'i....a Vista ¡'\:Ilet/af'e a..e West Peeeeal. B8111e'181"8
Þ-Jert"Bell"s 'Nest Pea..el. BI·;e. EestB'\:I",é PriMa Vista 91'18.
O..e left till'"" 18..e** O"e left tu,... la..e*
Resolution No: 04-081 April 20. 2004
Final Double Underline is for addition Page 27
. ¡trille 1=hNlÍ,h ¡sfor deletion
4
5
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7
8
9
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11 §§A.
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1·5
16
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Orle tkl"at:lgk ISrle**
Orle right tt:ll"R 18Ae**
Orle thl"8k1gh ISrle
Orle tkr8t:1gk/right tt:lr" 18Ae
éetlthB8!:1"Ef 'Nest Peseael( BlvEf.
Orle left t!:ll'rI 18I'Ie*
01'18 thral:lgh IS"8
0"8 right htr" 18f1e*
WesthalM'ld Pri",s \'ists Blvd,
OM left tl:ir" ISrle*
Twe thral:tgh 18I\es
Ofle right 1'1:1..,. lafle*
*
Iflterseetia" i",,,reve"'erlts Beyafld ettrPMt t:a"figttl"atiafl.
**
O"ly r~l:iired if cie':ele !ll'lleflt aeeess eHists.
.*.11 sBe...e eSrlfigl:irstie"s shall Be "er"'itteEle"Ef teflstrttetee iPl aeeel"sl!Il\ee with ei"ty. eatt"ty,
Sr State eriteria, as applieable.
Na £:el'tifieates efQ!8ttpane'l shall Be issl:ieci far flarl irlcil:tstri81 d8\"elap"'eMt ef "'are tkaPl
226 residel'ltial t:lrlits (139§ Dai~; "trips) af The ResefO\'e De\'elsp"'Mt at Regisl'I8l II'I\ !Iad
l::I"til the ifltel"seetiaPl i"'pra';eI'I\eI'Its I:IflEfer a) 8f1S Is) aha'/e have BeM ee"'pleteè.
··~~'-.ältj··~'7!~.n~"""'~¡a14êt
IN~,,,.. .. .<.C!t\~:.. .,.~JØ.\\Iff.I,... lt~,l?
~Ja Bttildiflg "er",¡ts 5kall !!Ie issttes far The Reserve Devela"",el\t at AegiaMI 1l'I\,aet after
JS"l:isl""f 6, 1996. ttfltil 81'1 ate8fltelsle tl~ SPlS i..re'iaealsle Letter af Cr8sit. er ather far",
ef fl:irldi"9 ar seel::lri'i')' see8p1'8BI8 te St. Llteie CeI:iMy. is ,re'/icie.ci te St. b...eie CattPlty ¡" e
sttffieie."t Sl'I'\8t:1r1t ta eesigPl, per",it. 8P1d eeflStrltet ¡PlterS8!tiePl sigPlalizatia", at West
Midway Raaci a"8 Glases 'l:it Off Raae!, Na Cel't¡fieate af OetlipaPley shall Be issl::led ¡PI The
Reser.·e De'¡elep"'Mt et Reg i el'l8l ¡",,,set after 11::1P18 39, 1996, ~til the i"terse!tia" ef
West .'¡.iaws·! Rese! al'\s Glae!es ~tt' Off Rea8 is sigMlizeØ. ·Sl::Iffie¡erlt 8"'81:1I'1t· s"'ell be
Eiete..",il'l!e Is)' al'l Mgil'leu's Praj!etie" ef PreMBI! Cas' sttpplied e'; the develeper s"s
s"pre'..es B)' tke CettPl'Fy El'IgiPleer.
e) West ^'.ie!way R8s8s"ó Glades ~l1:It Off R8as
þJartldtsl:i1'l8 ~Iaeles C!:It Off Rasd
OPl8 left fijI'''' ISPle*
0"8 threl:ig'" IS"8
0"8 rÏ!ht 'I:If'PI 18P18*
Eestbel:l1'l8 V/est Miswa', Rass
OPl8 left tWF'l'l 181'18'"
O..e tkp'al:igh ISPle
OPle right .lir., ISPleI'"
SelttkB8liPld €;Iades C!:It aft Rass
OPl8 left tl:ll"" rSrle'"
O..e threl::lgh/right fttr", leAe
V.Jestaeti"tf '!Jest !!.i8~1 Reas
OPl8 left t..", lane*
O",e thral:l,k lePl~
O"e rig" t tl:il"PI 18I'Ie *
*
¡"'''P'8Y8'''MtS lteïePls elirl'eI'\f ee"figwratiel'l
Resolution No: 04-081
Fi!'G1
April 20, 2004
Page 28
~uble Underline is for addition
¡trill. '\=kr...'" is for deletion
1
2
3
4
5
6
7
8 6SB,
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
All sBe'le eel'\figltl'stiel'l. il'\ellt~i"'g sigl'ltdizstiel'\ 85 wsrl"sl'l'tes, skall B8 pel'l'I\ittee al'la
tal'\5tl"lfetea ¡I'I aeeer881'1ee v..ith ei1"1. e81f",t'{, 81" state el"iteri8, as applieable.
Na Blfileil'lg permits shsll Be iss!fee fer l'I\al'e thal'\ H8 (2,778 sail'! trips) resieerltisllfflits
8I'Ie 9é,000 'fltter8 feet ef il'lalfstl'i81 e&'Jelapl'l\ent (626 l!iail'¡ trips) al' after twelve (12)
l'I\al'lth, fl'8M the effedi.·e 8ate af this Dellelepl'l\8f'lt Order Ifl'lless the il'l\ !Il'avel'l\erlts listes
I:Iftdel' a) aBeve ha'l8 bee", let fer eel'\Stl'!fetiel'l.
¡;,;¡..,....~,.~,¡¡v!l':, ~\i'í\:~.~w.,~~'.~".,"'..
,\1ni'~·~.',:"tI~;.~~~.~~tï,~'~~t,ftØ~
~Je bl:lill!iil'lg permits fer l'Iel'l il'lst:t5trial Ele'/elapl'I\eAt 8f "'8re thsl'l 800 resiElel'\tisllfl'lits (~250
d8i~ trips) 81'\e 9§,009 s«flfel'e feet af il'lElltstl'isl ee';elepI'I\eRt (626 Bsily trips) 81' after
DeeemBel' 31, 1996, whie"'evel' .eeW"s first, shsll he issltea fer The ~esel"ve De·..elapI'I\Mt ef
~egi'l'Iel ¡I'I\paet Itl'lless ;ke f.lI.wiPlg il'lterseetial'l i""'l'aveJI'I8f'lts, as PleeeeEl te previee Level
af Sel'viee "D- peale Sees81'1 eal'lsitieM, 81'8 e81'1tail'leEl ¡I'I the ewrl'ent yeel'.f the Five Yesr
~pital ¡"'pI'8I/el'l\8f'lt Pl'agrsl'l\, al' eel'lt,ads hs'.e let heM' let fer their C:8P1Strltc:tial'l. II'\
81'Eler ta pel'l'I\it flfl'tkel' ee'lelepl'l\Mt il'l tke ~eserve '.",,,,eree 'el'ltel', 1,900 s«fltel'e feet af
il'ld!fstrial!fse ¡I'I the parle ",er Be s!fBstitlfteEl far eee'" sf llresiElePItiallfl'lits, pl'eviseEl tket
tke tatal Eleily tl"ip gMere'iel'l s.es l'I.t eHeeeEl ~ ,776 trips.
e) West MiElwey ~aaEl SI'IS G;Iases 'ltt .ff ~.es
~Jal'tkB81:1l'1El e;Ieaes ''It .ff ~aae
01'18 left tW1"1'I lel'le*
Ol'le tkl'8ltg'" 181'1e
01'18 I'¡gkt tltl'l'I lel'le*
Eastlt81t",a West Miews', ~8a8
gl'le left tltl"l'I lel'l8*
Ol'le t"'1'8l:1gk lal'le
OPIe rigkt tlfl'l'I lel'l8*
S8I:1t"'b81fl'lS Glaaes '1ft eff R.as
Ol'le left tl:ll"l'I lal'le*
O"e tkl'8l:1g"'/right tl:ll"'" lane
W8stltalfl'lS West Miewev ~.es
gl'le left tUI"" lal'le*
Ol'le tkraltgk lal'le
Ol'le right tltrl'l 15I'Ie*
*
1"'I'I'...-eI'l\8I'1ts BeY81'1s f)l:Il"r8l'\t eal'lfiglfl'etiel'l
All aB8\'e e'I'Ifigl:lretial'l, ¡,,(I!fail'\! sigMlizetis" l'I\.sifieeti8"s, shall Ite pel''''itteEl 81'18
c:eMtrl:let8e il'\ eeesrEl8l'\ee wit'" city, cel:ll'lty, ar stete eriteria, as appliesitle.
Ne '8l'tifieetes .f Oceup8f'\ey s"'ell 88 issltee fer ",a"e tlolM 9S,009 511f81'8 het 8f
¡1'I8ltstrial sevel.p"'Mt (S26 Elai1r trips) 81'1S gOO resíèentiel lI",its e~,260 saily trips), 81'
5a",e eemltil'l8tiel'l tkeresf il'l see'I'EleAee wit'" tkis e'l'Isifie" eMf eHeeeei",! ~ ,776 daily
trips) ¡I'I 'ke Ðe'/el8p",ent e1 RegieMI ¡""ped 1~l'Iewl'l as 11\e ~es8r'/e, 81' sf tel' Dee~Bel' ~1.
1996, v¡kiduwel' seetlrs first, tll'ltil the ¡l'Itel"seetisl'l ¡I'I\p"e\"eI'I\Mts eitee sit,va l'Ieesed t.
pr8vise L.evel 8f Serviee "DO peele see.sal'l e'I'IElitial'ls keve BeeA tal'l\pletes 81' lire il'ldlfses il'l
tke eurrel'\t year ef tka St. llfeie "tll'lty 'apital I"'I'r.·..eI'IIeI'Its PI'8gP8"'.
Resolution No: 04-081
Final
April 20. 2004
Page 29
Ooubl~ Unduline is for addition
¡trill. 'J:k'IIIJh is for deletion
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Th!~J6Mît(~Ñ.H;';Çß9~ia~~';ilº~
Cel'l\"'eJ'IeiAg il'l ¡el'ltje"y 1997, *"'e sevelapa"skell tjAåertelte el'l 19i al'\Atlal t"aUit l'I\e"iteril\g
I'ragrs'" et t"'e iAt8l"Seeti81'1 af Illest '.·.i,jw~ ReeEl Me GleEles 'tit Of Raes. 11"Ii5 pra!r8'"
skelllge tal'lEltjttee èl:ll'i~ the ",al'lt"" af ¡.l'Itjar"! tkretjgh Marek. The fellewil'lg aMl'lSis shall
8e I'l'efer"'8s al'l el'l al'lAtjal Basis tj",til 811 af tke i"'''l'ev8'''ertts iåeAtifieEl il'l 'al'lsitia"
Ntj"'Ber §§B 88a..e ke'/e Beert ¡"'pleMeAte,j:
1. Perter", AM MS PM ,,_It "'atjl' ttjrl'lil'lg "'a\'eI'f\eI'It eatlnts f.ar al'le ktjl'\ElreEl el'\8 twel'lt,
(12Q) It\¡l'Itjtes 8tjri"" eatk peries" te tSf'ttjl'e the NNi"'til'l\ SiNt; (60) ",i"'tites peel(
perias. 1'hese eati",ts s"'all il'leltise trl:ltk tati",t! 8I'IS shall Be p..eter",es il'l fifte8l'\
(1§) ",il'\tjte ¡",e'8I'I\eI'Its.
2. P8I"fel'I'I\ a eapaeity aMlysis af eaek I'ealt katjr fa set8l"",il'le Mi,til'l§ 18':el af ser·..ite
ef tke il'lterseetiel'l fe, Batk l..YI 8P1d P.\~ peel( keti's.
3. F'l'seest traffie S81'1\al'lS5 fal' seek hl,.A¡Ag "'OV8"'eI'It tisil'lg 8et1t!r8tjI'l8 traffie es
well eS pre;jeetes s8\'elal''''el'lt witkil'l11"le Reserve fer twa 'leers.
~. Perferl'l\ eapaeity aMI'/sis tlsil'l! tke tereeestes AM el'l8 PM p_l( 101,1:11' ttll'AiAg
",ave"'8I'\ts te setel'",il'le ftjttjl'e level 8f 5erviee. .
§. I8~I'I"tif-1 i"'praYe"'~ts I'\eeessary at the il'\tersedisl'l te ,rst/ise level af Service
-D" stjring peal! kstjr eal'lsitial'lS &AS 'the "'el'lth SI'IS '(&SF (éHeeessl'lee 8ete) ~\'kM the
¡"'I'r'\'eMBI'Its v.'ill he l'Ieesee, iftke il'lter-sedial'l is prajedee te 6(eeeS bevel ef
Sel";iee -D".
Wkel'l 81'1 B)(teessl'lee sste is eet8f''''¡l'Ies, In:tilei"" permits skall l'Iat 8e iS5t18S efter tke
eal'lstrl:lttiel'l sate ti",t;1 tke /'Ieeses i"'preve"'Mts el"e let fer eaMtrtldiaPl, 11"Ie eel'l5trtjttisl'\
dete is sefil'\eel as 5iJ( (6) "'sl'\tks "riel' te tke eHeeeø8l\ee sate. Desi§1'I al'lel I'er",itti"9 sf
tkese i"'pl',ve"'BI'Ifs "'list he ""'plete hy tke eSl'Istrwetiel'l èete.
Wh8l'l al'l e)(eeeslll'lee sIte is cletel"",il'led, 'ertifieetes af OtEllpðPlt)· 5101all ",et 8e isstjes
flfter the eueeeøel'lu sete ttl'ltil the i"'prs·.'eft\e",ts e..e es",,,leteEf.
T1\is ESl'lclit;... is ·...IiEf tlntil tke i"'pra\'e",eI'Its idel'ltifieë il'l Ce/'leitiel'l §§B h8'/e 8eM
i "'P lel'l\8I'Ites.
This sI'\I\l:Iel "'8I'1ital'i",! ..e"l"t skell be 5tjbl'l\itte8 witk tke 8I'Il'Itlal rel's,.t relftjil'edtll'lser Psrt
E, sf t"'is Resoltltiel'l. .
~'":.~.. ~.~"'':~. .:!Ø!~W. ". ,".·~~~·;¡i~~"Ö.'2
~5'~ ,,~~~:,q~.,~.~;n'. ......'".,!~..!~ü.,. ."',,.
April 20, 2004
. Page 30
Resolution No: 04-081
Final
Double Underline is for addition
Strihe Th"'II§h is for deletion
1~
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3
Contracts shall be let within 18 months of the eff~tive dote of Oråi",sl'\ce No. _ this
am£nded develoDment order (ADril 20 2004) to construct the following listed improvements
(i and ii):
4
i)
Signalization at St. Lucie West Boulevard and I-95 West Ramps intersection; and.
5
6
jj)
Extend the southbound riaht-turn lane. includina the deceleration distance: to a
location 600 fe.et bock from the STOP bar for the southbound left-turn lane.
7 a
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No buildina De.rmits snail be issued for develoDrtient that cumulativelv aenerates more than
the. total PM Deak-hour threshold triDS as indicated in Tab/~ J. listed after Number 59.
until one of the. listed alternative actions has occurred for each of the indicate.d
imDrovements.
11 56.
12
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15
~Je B~iløi",§ ,er....its fa" Pl8'" i"ø~s1'l'ial deval.'....eAt shsll be IS5~es fa" "'Of'e tks" ·1,000
re&iseAtial ~l'Iits (6,013 sail, trips) .f Tk. Reser'". De'Jel.p....eAt af Regi'l'Ial ¡....'u.et ~ >\til
es",trsets have beeR lat far the e'Plstr~eti.", .f i",tep'seeti.", ¡"'pl".vemM1's t. .btei", tke
f.lI.v:il'lg e'Plfig~l'ati.I'\, iPl.ltleing si§MlizetiaPl '1' sigPlalizetioPl ",.åifieeti." 85 v:al'rMtes B't
city·, e.I::II'I'P¡ .... state el'it.l'ie, 85 applieable.
16
e)
Pl'ilM Vista B.~I.va...å 8P1S Be'ISk'l'e 9.~Ie'..erå
17
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~J8P'tkBe~PlS Bðv:shel'e 91'1s.
O"e left ttlP'PI lel'\e .
OPle thl'o~gk/...ight t~rPl 181'\e
~sstb'~I"~ Pl'i....a Vista 81'1s.
O"'e left t~P'''' lel'\e
0",. 1'"1"1:19" lMe
O"'e I'ig"t t~I'''' lal'l8
21
22
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24
S8I:1tkB'~1'\8 Bevskal'e 901:116\'1111"8
O",e right ttlP'''' 181'\.*
01'l8tkretJgk lel'le
O"e left hl"l'I la"'8
Westb.ttI'IS pp'ime Vista Blvå.
Ol'le left 1'1:11''' la",e
o..e thr'l:Igk/rigkt ttlP'PI 18"'8
25
*
Il'Iterseeti.", ¡"',"'''eMe",ts ley."'s el:lrl"Mt e'l'IfigYl"Øtisl'\.
26
27
All slt.ve e.",figYl"Øti'M slo.ell Be per....itteå 5I'\S i.Mtrl:lefee i", aee.rS8P1.ee with eit'l. estfl'lty.
'1' ~tðte eriteria. as ðþþlieaBle.
28
29
30
Na~tifieate5 If Oee~p~q skall be issyeeI fer "'.'" il'ls~strial se·.relsp....Mt sf 1'I\.,.e 1'10.8'"
l,QOQ resise"tial ~"its (6~Q73 deily trips) af 11\a Aeser...a Ðe·Jal."",."t .f R,,!i.nel ¡",,,aet
tfl'ltil tke ¡"t8l"seeti.", i"'p...·..e"'al'lts ~"8el' a) .hlve h8':. le8l'\ e'Mplatas.
31
;:L,~iì~..!!t1&i~A~~~m~iì~;¡'¡OZ
~~",WÌ!Fili:.. ,~~,~ ._........:~I#V.;',;__~,.. ..-A;.<iJ'~ _·";"__"~'~W'·:_;;"'"
April 20,2004
Page 31
Resolution No; 04-081
Final
bauble. Underline is for addition
itrihe'R>w.llth is for deletion ~..
--
Na hlliløin§ ,.er",its skall 8e ¡!SlIes fe.. il'láystl"ial s8'/els,.",e"" v;ithil'l the Rese"ve ~a"''''e''(e
'Mfe.. g8l'\eretil'l! "'8re tksl'l 260,000 (1,383 88il~( t..i ls) s~\:Ie..e feet af Tke Reserve
D e':ela l"'8I'\t sf Reg i sl'N!l ¡"' lset \:Il'Itil eSl'ltl'eets kaYe heM let hI" t"'e fellswil'lg ..saswey
I"'pl"sve",el'lt', il'lelyáil'lg alll'\eeessal')' hl'i8ge 9tl'lIdll"es E88'Jelsp"'8I'\t level tkl"eskale5 "'er
Be il'le..eesee if it is ee",sl'ls:t,ateè tkl'ell!'" tke tl'affie "'el'litel'il\g pl"sg..a", tkat assitisl'\8l
. aevels,,,,ent "'~I Be aeu",,,,edsteè ..:¡thayt eHeeeéil'lg l8';el sf Serve -E)" peel1 hSIl", peek
seessl'I, e.. Le/a! af Se,vice -C" 1I1'I8e.. a'/era!)e 81'11'11:181 daily eSl'léitisl'I5)¡
8) FSII" 181'1e West Miåv;ey Read fl'e'" I 9§ t8 Oleet'lae.. AI/Mlle.
~Je Cert.ifieetes af QCCllpSI'l8, fel' il'lElllst..ial øevelsp"'Mt withil'l tke Reserve 'e""",e..(e
CMte.. g8l'\el"stil'l! ",sI'e thal'l . 25S,900 (1,383 Elailr t..ips) s~lIa..e feet af Tke Reserve
Devels!,"'8I'\t at Regisl'Isl ¡"' tðd skall Be isswee IIl'ItH the I'ss8v:ay i"'pl'S\'ernMt 1I1'\8e.. (s)
88ave kas !!IeM 8s"'pleteEl (øe'¡e1sp"'8I'\t le\'el tk"86hsle5 MS6( he il'l81'easeel if it is
se",sl'I5t"steå ''''l'stI,k tke traffie "'el'lita..il'lg pl'egN'" tkat s"eitisl'I8l øevels!,,,,el'lt ",ay Be
8ccs",,,,seatM witksllt eHeeeøil'lg Le';el af Ser'Jice -£). peal! hal:lr, !,eale S88SSI'I, er Level sf
Service -C· IIl'Ider average aMllal eail'l eSI'I8itial'ls).
~Ja I:ltlH~i"'9 per",its 51<1all Be i5!1118d fe.. ~l'Id\:fStrial 8e\'8Iap"'8I'It v:ithil'l the Reserve Ca",,,,eree
'8I'Ifer gel'l8l"atil'l! ",el' e th8l'l 2§Q,Qoo (1,383 8ail'l t..ips) S~I:I8,.e feet sf -rke Reserve
Devels!,"'8I'It af Regisl'lal ¡",!,sd IIl'Itil eal'lt..sets h8\'e BeM let fer tke fellswil'l! raaswe)'
i",,,re'lM'oe,,,t!, il'l8111éil'l!J alll'leeesssry l:I"i~e 9trtl8ttl"89 (sfl'lels,,"'~t 18'1el threshslés "'s'l
he il'lel'ea5eø if it is ée",eAStrates tkrs~,h the tp'affie ",sl'\iteri", ,..a,I'.'" tk8t aøåitisl'lal
de'lels!,"'8I'It "'1Ft' Be ee8.",,,,søeteè witkel:lt eHeeeøi~ Level af S8I"ve -D" !,eale ketll', "eale
seesel'l, sr le·;el ef Se..·..ie8 -C" IIneer 8\'e"8,e 81'\1'11:181 sail'; tel'lsitial'ls):
a) West A\i8WS'¡ Resøa"å SSlltk 2!ith Street (St. da",es £)I"i'¡e)
>Jel'th8s~"'ø Sewth 2!itlt-St: Easti8YAS \jy~est .&l.iØW8V Rase
O"e 18ft t..P'1'I lel'le Ol'le left 1'....1'1 le...-
Ol'le tk..slI,k ISl'Ie Ol'\e tkrsllgk lene
O..e right hrl'\ Isl'leJ" SeeaI'l8th"sl:Ighlsl'le-
Ol'\e right tttl"l'I ISI'I8-
S8l1tkBe~l'Iè Se..th 29- St. "/&StasH'''. ')Jest ~~iåw.v AlBa
Ol'le left ttll"l'I 18..e O"e left hp'1'I lel'\e
Seesl'lå left twP''' 1.....* Or.e tkrell!k ISl'Ie
Ol'le tkrellgh lal'l8 Seeel'lfJ thl"slI,h lal'le-
Ol'le rigkt tll..1'I lal'l"- One right ttll"l'I 181'18
* I"'pre'.'8",el'\t he'fel'lé e....rMt 8s"fig..rstial'l
>Js Certificates sf 08elfpel"cy far il'l8lfst..ial "8','8Is""'8I'It v:ithil'l the Reserve 'a",,,,erC8
CeAter gMe..etil'lg ",ere thal'l 2§Q,OOO (1.383 fJsily tri"s) s~tlare feet ef -rke Rese"'/e
.. ^pril20. 2004
n No: 04-081
'. !)quble Underline is for addition Page 32
- ¡trihe "RoIr'lI,h is for deletion
1 f37.
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Resolutio
Final
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De!Jelsp~~t sf Reg i SI'\8 I I~pset 5ksll "e isstlee tll'ltil tke reseway il'l\prs'/ement tll'leer a)
soave kas eeen eel'llpletee (deve IspMent 18\"el tkresksles ~sy "e il'\c:reesed if it is
åeftlsl'\stratee ..kl"sU9k tke t",sffic: "'sl'\itaring pragraM tkat seeitísl'lal de'lelsp~ent rM( ee
8eea"'~eeeteEl witksut ~(eeeeil'lg le'/el ef Ser·.tiee "[;)" peelt hsur, peelt seessl'\, el' Level ef
cervies "'If t "êel' aV81"ege aM1te1 eeily eSl'\eitiel'\S).
Ns BltiJsil'lg per~its skall 8e isstlee fsr 1'\81'\ iAetlstrial Bevelep~Mt ef "'S1"8 thM 1,~9~
resieel'ltialtll'\its (9,Q73 daily tl'ips), a 160 r88'" ketel (1,2(,1 èeily tl'il's), (,!i,OOO sql:l8l"e feet
sf ee~Mertial (5,(,1(, deil,' tl'ips), Me 30.000 slfl:l8l"e feet ef effiee (6ë6 Hilt trips) sf The
Reserve f:) e...elep",ent ef Reg i sl'W!l I"'l'aet I:Il'\til eSl'ltraets ka'le "eeA let fel' tke fellswil'\g
r esev.·a'i i ",þl"s'¡el'ftents, il'lell:lEfil'lg all I'\eeessal"( "ridge strtlehtl'es (eevelsþl'ft8l'lt le-Jel
tkreskelds ",ay Be il'\ereeses if it is ee~I"'stp'ated tkra~k tke trame I'ftal'\ìtering pregp'a~
tkat aesitiel'\8l ee';ellþ"'8I'\t eM "e aeul'I\""lelateø witkaltt eHeeedil'l§ Level If cer'¡iee "D"
,eel! "'Ittr, "eelt seasll'\, Ir Le'Jel If cerviee "'" ttl'løer avep'age aMltsl øeily eel'\sitieAs):
s) SiH lene Pri",a Vista Slttle·...erel frs.... I 95 tl '!.'est Peel!sth Botlle'A!ll"s.'
b) Feltr 181'1e PrilM Vista Bltlle'lsrø frs~ ~k",el"e BOltle\.'sl"B tl B~'sklre 9sl:llev8r8.
t>JI 'ertifieates If Oeettpsl'\£Y 5hall Be isstlee fer 1'\11'\ il'\dttstl"ial develeþ""ent af ~ere thM
1,~9~ I'esisel'ltisl ~its (9,013 dail', trips), a lS0 reo"" hatel (1,2(,1 sail'l trips), (,5,000
S~1:I8re feet It eS",l'I\ereisl (5,(,1(, deil'! trips), 81'1S 30,000 s4ltap'e feet at effice (§§(, daily
triþs) sf y¡,e Reser:..e D evelaþ~Mt of Regiel'lsl I"'pad ItAtil. tka "8selWW( im"r''Wfe",eAts.
1:1"'881' a) ðAd It) S81ve kS'Ie 8'e8l'\ eempleteé.
~Je bl:lilaiRg "er"'its shall Ba iSStte8 fer '''PI ¡l'Iaustl"ial se'JelSp"'Mt If ""ol"e tkal'l 1,~94
I"esiael'ltial l:II'Iits (9,073 ssil, trips), .1!:i0 r88'" ketel (1,261 Elail'( triþs), ('!:i,OOg s~ltere feet
ef eo",",erdal (§,(,1(, eail'" trips), 81\8 30,000 S41:1al"8 feet ef oHiee E§!:i6 flei",. trips) sf tke
Reserve Develap"'eI'It af R8!ioPlel ¡",,,aet lI",til eal'ltraets kave eeel'\ let fIr the fellewiPlg
il'ltersediol'\ i l'IIþrove"'eI'Its, il'\eltlsiPl9 sig",alietiel'l ~esifieetiol'ls as v:erl"Øf\teé b, eit)',
eel:ll'\ty, or state eritel"ia, as applieaBle (Efe'/ellpMeAf leval sf threskslés ""IS'( Be il'\eressee if
it is eelflal'lStl"ateø 1'kl"11:I9k 1'ke tralfie I'ftsl'\itlril'\g þragl"a'" tket aesi1'iel'lal eeveleþ""8P1t eal'\
be ee"","'løated witksl:lt eKeeesing level af Ser.iee "D- peelt kll:ll", pesh seesol'\, 81" Level
ef Serviee ",- ItASer aveN§e aP'J'lltal Elaily eel'leitiIAs):
s) '!.'est Peeteelt B.ltlevars al'la Pri",a 'Iista Bettle'Jerel
Þ-JortkBoltAd '.Vest Peeeoelt Bivd. Eastesttl'lEf PIo¡1M Vista BJ'Ja.
o..a left tttr", '-"e** o..a left 1'1:11'1'\ 16"'8*
o..e tkretlgk leRe** 01'\8 tkp'ol:lgh ISl'Ie
Ol'\e rigkt till'''' 1e"'8** SaaeAe tkrslt,h leAe
Ol'le thrett!Jhlright tttP'1'I lane*
Setl1'k"sltl'ls W-~t Peeeoelt Bl'/e, Westlitolt",e PriMe '/ista BlvEl.
No: 04-081 April 20. 2004
Double Underline is for addition Poge 33
¡trill. " :hr...,,, is for deletion
Resolution
Finol
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19 61.
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Ql'le left t1:IP'PI 181'1s
OI'lS tkp'IIl:Igk laPIs
Ol'le I'ig"'t hiP'''' 181'1s
OI'lS left tl:lrl\ lel'le**
TVt'e t"'retigk lel'les
TÄir8 t"'p'etigh leAs*
Ol'le right 1'l:lrl'l lel'le
h) I 9ë ans Prime Vista Betde'/Srs
(1) ".dd 1'~'II lel'le I'arellel stl'l:Idtire
(2) ~J8rth81t:JPld eAe rigkt tl:lrl'llMe
(3) 68t1tl'l9sl:Il'Ie 11'18 rigl'lt hil'l'Ilal'le
(1) 68titkluI:II'IEt seeel'\d left tl:lrl'\ lal'le
*
Il'Iterseeti«m ¡",prll"'emel'ltS 8e'¡al'ld CtirrMt eSl'lfigl:lretiel'l.
**
0..1'1 retfl:lired if sevelsp"'eI'It eesess eHists.
1.11 ef the e81,.-e eel'lfigtlratiel'ls shall Be þeP'l'I'Iittee al'ld e8P1s:trl:lete8 ¡I'I aeeer8Mee with city,
eetll'l'Y, er State eritsP'ia, 85 al'I'lieaBle.
Ne 'ertifieetes af aeel:lJ'ðl'ley skall Be ¡s'l:Ie" fer MY "8P1 il'\81:1stl'iøl ee'lell,,"'eAt et "'ll'e
tl'lal'l 1,191 p'esíeMtiell:lnits ~,Q73 seil" trips), alSO 1"1111'" ketel (1,261 eaily trips). 6§.OOO
S~tl8r8 teet ef ee...."'erciel (§.616 daily trips), aPls 39,000 '~l:Iap'e feet ef effiee (§§6 seil)
trips) af TÄe Reserve De'lelllp....Mt sf R8!i8"al ¡"'peet tll'\til t"'e í",,,rs'/8"'6I'\t, 1:I1'\8er (.e) 8I'\e
(h) e8e';e kave 8eel'l e;e"'pletse.
ÞJ8 8tiileil't9 per",its shell ite is'l:Ies fer l'Iel'l il'\dl:lstrial eevslepl'l'leAt ef ",ere tk81'11,19~
resi881'ttial til'lits (9,973 daily trips), al§Q ru", "'et.el (1,261 saily trips). 6S.000 S~l:Iap'e feet
ef e8",,,,ereiel (9,616 daily tl'ips), 81'18 39,900 s41:1are feet ef effiee (§§6 "eily trips) ef the
Reser'/e l;)e';el81''''8I'\t ef R~i8l'1al ¡I'I'Ipaet I:Il'Itil eel'ttl"aet5 ka';e 88M let fer tke fallewiAg
iPltel'sedia" i"'I'reV81'1'1MtS, i..eltiei"§ si§l'NIlizati..."'edifieetiel'ls es v.'sl"ral'ltee h'( eit'f.
cetil'lty, sr state criteria, 85 eppliea81e (6e'¡elepl'l'lel\t le'l81 ef t"rss"elès ....ey he ¡"creased if
it is ee"'el'lstp'steEt threttgk tke trame I'I'Iel'literil'lg pragP'8'" t"'at aseitiel'lal ee·/elepM.,.,t eel'l
Be aeeel'l'l",esates with81:1t eHee~il'l§ bevel af 6el'viee .t)0 I'eelt "'I:IP', pealt seese",. sr Level
8f Service .,. l:I"dep' 8'/81 age at ""..I sail)' cal'lc4itiens)'
a) Be)'sker8 8'l:Ile';el's 81'18 PrilM Vista Beltl8"/are
t'JSl'tkB81t1'l8 B8'1sh,re Blvd.
EastB'l:Il'Id Pri",a ~(i5'ta 81·;e.
01'18 left tl:lrl'l la..e
6eeel'l8 left tltr.. 181'111'*
6ee...1I t"""1:I9" 1el'le'"
Ol'le p'ig"'t tltP'1'I 18I'Ie
0"8 left tl:lP'1'I lene
01'18 tk!"etl§k/!"i§kt tltrPl lel'le
01'18 tk!"eti§" 181'\8
68111'hB81;11'18 Be'ls"'e!"e Bh;lI.
a",s left tltl"A 181'1e
We5'tB'tiI'\8 Pp'ilM Vista Blvd,
O"e left tl:ir" laPle
April 20, 2004
Page 34
Resolution No: 04-081
Final
Double Underline is for addition
St,ihe "'R\,.8I1!h is for deletion ~
1
2
3
Ol'\e threl:lgh 181'\e
Ol'\e "igkt t\::lf'" lal'\e
DAe thre\::lgh la"e"'
"I'\e thre\::lgk/right tI::Il'l't 18I'Ie
..
Il'\tersediel't iMpI'8'¡e""Mts beye"8 etl"I"Mt eel'\figtll"atiel'l
4 ,",e atieve ee"figtll'atiel'l shall he pel'Mittee eru!' eal'l5tl'tletecl il'\ aeeel'881'\ee with eity, e:etll'l1')',
5 el' State el'iteria, S5 sþplieaøle.
6 ~Je Cel"tifiests If Oeetlpa"ey shsll be isstleØ tel' MY "e" il'u:'tlstf'ial 8evelep""eI'\t ef ""ere
7 tka" 1,~9~ resi8Mtialtll'\its (9,On 8aily tl'ips), a l§Q 1'8eM ketel (1,261 8ai\ty trips), 8§,OOO
8 5ql:ia"e feet ef elM""ereial (5,616 dsily trips), 81'\8 30,000 5'1t1Sl"e feet ef Iffiee (556 deil)'
9 tl'ips) 8f The Aes81've t>e'¡slep""ent ef AegieMI ¡""pad \::Inti I tke iMþl'e';e""sl'tts tlI'\eler
10 pal"agl'aph5 (a) a"8 (ti) ab8ve ha'/s bSM e.""pletee.
11 62.
12
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~le "\::Iileil'tg I'er""its shall be issl:leØ 'fer I'\e" il'\etlstl'ial ele-/slepl'l'lel'lt ef I'I'ISl'e th8" 2,607
l'e5ieel'ltial toI"it5 (16,3H Elai~' trips), a 2§0 I'ee"" ketel (2,141 elsilï trips), l'§,OOO 5lfl:la..e
feet ef eS""Mereial (10,289 Elsi~f tl'ips), a"8 61,000 slf~l'e feet ef effiee eeveI81'''''Mt (97~
Eieily tl'iþs) et tke Aesel've Develel''''eI'It sf AegieMI ¡"'past tlMil £e,dl'aets have tiee" let
fer the felle~JiAg ¡"'I'I'I'¡elflMt (S~'JeI8pMeI'It level If thl'e5hslds I'MY "e i"EI'-,es if it is
SeMel'\,tl"stee thl"el:lgh the t..sffit ""el'\itel'il'l! I'1'19I"S'" that aEleitiel'\al elevelel'1'I'I8I'It 881'\ he
atee""Me~atee withetlt eHeessi,,! levei ef S8I",..iee "t>- peslt "'8t1l', pesl( ses5el'\, Sl' Level ef
Servise "€:. I:Il'\ser average sl'\l\tlsl 8ail)' 8e"Elitiel'\s)1
a)
Eigkt 181'18 Pl"i""s 'Jists8el:lle'/sl"EI fl"s"" I 99 ts Vlest Peaeeelt 8stlle'lsl"e.
b)
SiH ISI'\e Pl'ima Vista Bstlleval'åf"s"" West PeatSel1 8sl:1l8'.'aI"8 te ûtskMel'e
9sl:Ile\'81'8,
22 Ne 'ef'tifieste5 sf Oeel:ll'sl'\ey skIll be issl:leEl fel' 1\81'\ il'\ell:lstl'ial 8evelsp""eflt sf ",sre tkel'\
23 2,6Q7 l'85iElel'\tisl l:I"its (16,3H ~8il'l 'tl'ips), a 2§Q 1'88"" l'\8tel (2,1 ~ 1 åsily trips), 16§,QOg
24 541:111'8 feet ef e:s",,,,,e...tisl (IQ,289 ålily tl"il'S), M8 '1,000 s~l:Ial'e feet sf effiee
45 elevellll'lfIeI'\t (97~ Gsily 'tl'ips) sf Tke Aes8I'Ve .l;)e'/elel'''''8I'\t IIf Aegiel\al ¡"'pad tlI'\til tke
26 il'l'lJ'1'8VemeAts tI"eler 8) al'\s b) s~e.'e k../e ~eel\ es"'pletes.
27 U.
28
29
30
31
32
33
34
35
~Je øtlileil'\' pel'""its shsll be ¡"l:Iee fel' I'\SI'\ il\Ell:Istl'ial Elevelel'",el'tt If ""11'8 than 2,'07
I'esiclel'\tisll:ll'\its (16,3H åaily tl'ips), a 2§0 I'''M "'etel (2,H 1 sail'{ tl'ips), 16§,000 Sf 1:I8I"e
feet sf ee"'Mel"eisl (10,289 seily tl'ips), MEI 61,000 '1'II:ISl'8 feet af sffiee elevelep"'Mt (97~
sail)' t..ips) sf Tke Aes8l't/e gevelllp""eI'It af Aegi 11'\8 I ¡""pad lil'ttil es"tl'lets he'/e 810M let
tel' the eeMtl'tl8ti81'\ ef il'\tel's~dia~ Î"'I'I'S\lMlel'tts te stitail'\ tke fellev;il'l§ eel'\figlil"etiel'l,
i"eltlElil't§ si91'18lizetil'" 81' 5igl'l8lizati81'\ M8eifieetill'\ 8Ð wel'l'wee øy eity, e81:1My sl' State
el'itel'is, es al'þlies8Ie.
8)
Prime Vists MEI '!Iest Pesellel( 88t1le'l8l"s
Nert"'hetll\å West Peeeeslt BI·/s.
E8Ðtøel:l"e Pl'iMa Vists Blvå.
April 20. 2004
Page 35
Resolution No: 04"()81
Finol
Double Underline Is for addition
it..ihe t:h.....!h is for deletion
··0 .
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On~ I~ft tl;ll"l'I 16I'1e"''''
01'18 tkl'lIl:Ig'" lal'le"""
Ol'le rig"'t hI"" 18I'1e"''''
5e\:lt"'88"1'I~ West Peee8elt Bh·~.
01'\8 18ft tl;lrl'l IMe
Seul'l~ left hiI'" 1.8I'\e""
Ofte t"'rlll;lg'" 181'1e
Ol'le I'ig"'t t\:l,," lal'le
Ol'la left tl;l,l'I 181'18
Seelll'là left tl;l,,1'I lal'l~lI
Ol'le t"'''l:Ig''' la"e
ôeeen~ t"'''loIg''' 181'1e
,,"e tkrltlg"'/rig"'t ttll"I'I181'1e
\H~StB81011'\8 PrilM Vista Blv8.
Ol'le left ty",leI'l8"''''
Th..a~ t"'''\:Igk lel'les
Flllrt'" thre\:lgh 181'\e'"
,,"8 right ttlrl'l lal'l~
B)
PriMa Vista B8t11evsI"8 el'le ~Iifel"",ia 8etlle'Jal'eI
~J8I't"'e81:1"'e Celife'l'Iie Bh;~,
Ofts teft 11:11"1'1 IMe
Seelll'lè laft ttil"l'I lel'le*
0"'8 t"'1'81:19'" 181'1e
O",e I'ig"'t 11;11''' 161'18
S8t1t"'elll:ll'\~ ~lifal"l'Iis BI'IEt.
Ol'lS left 11:11"1'1 leAe
O",s t"'1'8t19'" 181'1e
Ol'le right ttll'" lal'le
~est\s81:11'1e1 PriM6 \/ists Blve.
01'\8 18ft fyl'I'I le"'8
See81'18 left hl'l'I tSl'le*
~W8 thl'8t1gh lal'lefJ
l1Iirel t"'l'lttgh 18I'\e*
Ol'l"a rig"'t fl:ll'l'I le"e
\"Jes'88"l'IeI Pl'i",a Vista Blvd.
0"'8 left '''1'''' 181'18
~W8 t"'1'8I;1g'" laI'IefJ
l1Ii"d t"'1'8I:1g'" la",e'"
01'18 "ight .1:11'1'\ leAe
c)
Prima Vista Be 1:1 I 8'.'a,,8 Md ~ShMe,.e B8t1le'i.'arà
Narth88\:1",à Css"'",ere Bh'8.
Ol'le left "101,.,' Ja",e
O",e t"'rll:lg'" 181'18
01'l81'ig"'t hlr.. IMe
S8\:1the8t1l'U! ~kM8I'S 81'1&,
Ol'le left h,.I'I 181'18
See81'1Et left t\:ll'l'I la",8'''''
Ol'le thrlll:l,h l8f'\e
Ol'le I'igl'lt t\:ll"I'I IMe
S8e81'1~ right hI'''' l8f'\e~
EastBIII:Il'là P,.i....a Vists Blvd.
Ol'le left ."1'1'1 18"'8
l1Iil'e ."'1'8t1'''' IMe....
al'le rig"'t t",.", 18I'Ie
WestBII"",EI Pl"ilM Vista BI'.'EI.
Ol'le Isft t,,1"1'I la",e
TWII t"rllttgk IM8S
l1Iirel tkr8yg" IM811
g",e I'ig"'t hll"" lal'le
d)
West MiEtvJfK¡ ~ae8 al'lel East Teri"lI PSI'I(w&y
~Jertklultll'lel East Te,i"'lI ParlMT/tY
01'18 I'igkt tl:lP'1'\ IBM
Resolution No: 04-081
Finol
EattheY"8 'Nest .'/r.iew8\· Ae8d
01'1. t"'l'lItlg'" Is",.
Double Underline is for addition
&t,.ill, -,:h",w!Jh is for deletion'
April 20. 2004
Page 36
1
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17 64.
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27
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30 (,13.
31
32
33
DPle left hlrPl ISI'I8'"
Seeel'lø tkl'e~k 181'18*
01'18 I'igkt tlfl'PI lel'le*
SelftkBill:ll'I~ test Tel'iPle Perl~v.'8v
~J/I.
WestBetlPld West Miåw&Y Asaa
01'18 left ttlP'1'I leAe*
01'18 t"'l'etlgh ISI'I8
Seeel'l8 tkrll:l!k leAe*
'"
¡l'ItersedilPl iMpre':eMMts be';el'ls ttlrl"eI'It eel'lfigtll'atieA.
**
01'11'1' re Jtlired if sevelepMet'lt sfeess 8J(ists.
N/A -,l'Iet spplieaBle
All sBeve eSPlfigyratiePls skslI he perMitted al'ld eel'lstl'tldee il'\ aeeers8I'Iee v.·itk eity, eetll'lt't
sr State triterle, 86 eppliea"Je.
Ne Certifieates ef Oeetlpal'\ty skell ae isstle8 fer l'Ial'\ il'ldlfstl'ial 8evelepMeI'It af MIre tk8l'l
2,697 l'esi8Mtisllfl'lits (16,3H sail'r trips), 8 260 ree", hatel (2,1~1 øail., trips), 16§,OOO
s JIfSl'e feet If elMMet'eiel (10,289 d8i~ trips), 81'1'" 61,009 s JY8l"e feet sf sffiee
devellp",el'\t (974 ssi~' trips) If The Reserve Ðevellp"'eI'It If Re§ieneJ ¡",,,aet "l'Itil tke
iPltersedisl'\ i"'prs'¡eMel'lts !:Il'\ser (8), (B), (8), al'lel (d) sBeve "'ave 8eM es"'pletes.
Ne Bltil8ing perMits 5kall B8 issl::lee fer "el'l iPl8lfstriel develep"'eAt ef Mere tkSft 2,&07
resisMtisl ItPlits (16,314 dsi~t' tl"ips), 8 2šO r"", kstel (2,141 e8ily trips), 1613,000 st!l:Isf'e
f-eet ef ee"'M8l'eial (10,289 8sny trips), al'ls 61,000 st!l::Isre feet If effiee eevelep"'Mt (971
daily trips) sf 'The Aeser':e De'felepMel'lt ef Regill'll!l ¡"'paet "l'Itil eSfttraets have aeel'l let
fer tke fellawiAg iMpreveMent:
a) Fe,,1' lal'ls West Peeeeel( Betlle':al"e fre", V"i\'ersit·¡ 8el:lle·;sr8 t& PriM Vista
Betllevel's,
Þ-Je Certifieetes ef Oett pM£Y skall hei551:1eeJ fer "el'\ ift~t strial ~evelap"'Mt ef ",ere tk8l'l
2.6Q1. ..esiåel'ltial ""its (1(,,314 sail, tr¡ps), . 2SQ ....'" I..tal (2,141 saily t..ips), 169,000
5""8..e feet af ee""Mereial (10,289 elail'l trips), MS 61,000 ~..ra feet ef effiee
8evale''''8I'It (974 saily trips) If 'OIa Reserve Develap"'Mt ef Ae!iel'lal ¡"'pset Itl'ltil the
il'lterseetiePl ¡",prev8Mel'\ts 1:11'18er paregrspk (a) salva kO"/a 8aen eempleted.
~';':;ø¥'ôft:~~6P~~!ffi"'I1~'7"."ï
;¡¡~ ~Rf!W.'" '.___" .H\;.~.. . fJ!!!:"~º.,,
~Je Bl:lileJil'lg ,e,,,,¡ts skall ~8 issltes fer il'ls"5trial 88':8IepI'llMt with¡" t"'e Reserve C."''''8I'ee
CM1'er ef !8I'\er8til'l! ",ere tk81'1 8,760 Daily Trips Ifl'ttil e8l'1t,.ads "'8'/e aeM let fer tl.e
fellewi,,! iMpr.va",ent (d8'/elep",Mt level ef threskelel5 "'S'( he il'lereese8 if it is
se"'el"l5trate8 tkrelfgh the tr8ffie M&ftiter¡l'Ig ,rlgrs'" 1'kat aS8itiel'lal s8'/elepMeI'It eal'l Be
Resolution No: 04-081
Finol
April 20, 2004
Page 37
Double Und£rline is for addition
¡"ille ~.IIJ'" is for deletion
1
2
atte........ssetea v.-i't'hellt eHe:eeai"'g 68'1el ef Sel"¡iee "D- peel< kelll', peel< seasel'l, el' Le·..el ef
&el";iee ",- 1I1'I8el' eversge sl'll'l1l81 8siI,. eel'lsitiel'ls):
3
4
a)
FellI' lal'\e ~ls8es 'lit eff Aeae fl'e'" Reser\'e 's",,,,ete 'enter (Ge Tðð"') efttl"Mee
te West Miawa'¡ Aeas.
5
6
7
Þ-Je '8I'tifiutes ef Qeellpene'l shell 8e issllea tel' se';elep"'eM VJithi" the Resel'Ve 'e",,,,eree
Center ge"'eI"etil'l§ ",ere tkM 8,7&9 8aily trips I:IMil tke il'l'lpl"e'le"'81'1t It"ée/' pal'agreph €e)
a~s·..e ka5 8eM eel'l'll'lete.é.
8 66/1. Þ-Je fi",el plaMes s8·/8Iep....8I'1t el' plet .e !lpl"eVðI skall "e ¡sslIes after eel'lstl'lIetiel'l ef the
9 "Italic a8eess rsss fl's.... the I 9(; il'lterekaAge l'Iel',h thr'lI9k The Reser'Ie 'Sl'I'Il'I'Ie"./:8 '81'1181'
1 0 !8l'11'1eetil'lg t8 Glsses 'lit Off Reas \:Il'Itil eSl'ltraets kave Bee" let f,1' the 8sA5tr\:letiel'l 8f tke
11 fell8VJil'lg il'ltersediel'l iMpl'e·.emel'lts, il'l8lltsil'l§ sigMlíreti81'1 as v;al"P'enteel h'f tit(, !eul'\ty, SI'
12 stete 'I'itep'ia, es applie8Ble:
13
s)
Ii\terseetiel'l ef 881'11'\e8tel' I'SS8 witk Aese"'¡e B81118'.·8I"s
14
15
16
17
NSI'tkhe1:l1'18 eel'll'leetsl' 1"8S8
Ass left tlll"l'I 181'\e*
Ass t"'rel:igk lal'le*
Ass ell:iall"igkt hll'l'I IMe5*
Eefths1:I"eI Resep've BSl:ile'lap'eI
Aèè left ttll"f\ ISl'\e
I.ss seeel'ls tkl"8119h lene .
18
19
20
21
6811tkhstll'leI eel'll'leetsr 1'8e8
Ass dllalleft tltP'1'I ISI'Ie5
Ass thl"ellgk lel'le*
'!/8StoslfftS Reserv8 B8ltle'/erel
,~ss slI8lleft tllP'1'I IMes*
Asel seeel'\d thr'lIg'" 181'1e
Assl'igkt tUl"I'IIMe .
22
23
24
*
01'11'1' I'~uil'es if se'..elspMMt eeeess 5et:ltk ef Reser'/e BSllle'JðP'8 ~(ists. If it sees
I'Ist eHist, tke esaitisl'\8l i"'pl's'/ef'ft8l'lts shewls Be I'eflw¡reelet s\:leh tiMe as eetess is
e't'eileBle,
25
26
."lIeosve eel'lfigltl"etie!'l shall Ba permittes al'lel eeÍ'lStp'lIete.é il'l aeeel'8Mee with tit(, eei:ll'lty,
81' state eritel'is, as applieshle.
27 668. 'eM....Mei"'§ tke year of esns:tP'lt8tiel'l sf the p¡¡Blie aeeess reeel ire", the I 96 il'lterekeAge
28 "'ol"tk tkl'sl:igh 11\6 Reser\'e 'e",,,,eree '8I'Ifel' eeMeetil'l§ t. ~Iaeles 'ltt Off R8ss, si§l'Isl
29 warp'al'lt stltEties shall "a ee"'8ltdas stll"il'l! tke peel. seatel'l at the i!'ltuseeti81'\S iEtentifies
30 helevJ 1:11'1861' a) ;"'I'aw§h 8).1.s stleh tiMe as tke si!....1 wa"'I'Mt al'l81,'SiS iele!'ltifies the !'Ieeå te
31 il'\5tall . Si§I'I8I{s), I'\e bwilsi"'g per",its sh.1I "a issueel after 120 says after sl:Ieh
32 setel'mi",atis!'I BY St. b,weie '.IIMy SI' FDOT as 8flpliea"le ttfttil .el'lfreds heve "eM let fsl'
33 the i",stallstiel'l sf the 'r8tti. Si§Ml/si§nels il'l a..ereMee with '¡+y', 'elt",t'f, 'I" state
34 cl'itel'ia, as appliea"I.. N. eel'tifieetes ef .eeWIIMer shell be issues I:Intil ''''e tl'affi. SigMIEsJ
35 isel'ltifies i", the si§l'Ial "'81'I'S",t sflt"'" has/k8ve "6en installeef 8I'IS il'l e,el'stisl'l.
Resolution No: 04-081
Final
Doubl. OllderUM is for addition
¡trill. 't:tI"llIgk is for deletion
April 20. 2004
Page 38
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12 67.
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:r;,is eSI'I8itiel'\ applies te the fellewil'lg il'lterseetiel'l5'
8) ¡"terseetiel'\ ef e8l'1neeter ress wit'" GIs8es C~t gff ~es8.
B) íl'lterse~tiel'\ sf eSl'\l'Ieetsr rsee with Aeser':e Bs~Ie-.sre,
c.) Ifltel"sef:tisl'\ sf Pri/'fts Vista Settle.are with I 99 Nsrtkheltfle Off As"'p, MS,
è) Il'Itel"seetisl'l 8t Pri!"8 Vists Bettle'Jare witk I 9§ S8tithh8~1'\8 Oft As/'ftp.
The sigflsl WIll"P'Sl'It sl'Ial)"sis is te he perfer",e8 periesisslly 86 ref ~esteè hy St. llteie CeW'lt)'
Bitt l'Ia /'ftsre fl'ef t:ter.tl)' thM al'll'lltsll'f·
It the eSI'll'ledel' l'eS8 S8I"J\st l:Ie Elesigl'les te fit withi" the 109 feet right ef II.'W¡ eye te
heri;I'I;;¡ ~Iigl'l/'ftent ret t il'eI'IIeI'Its, the sevele"er shalt seElieet8 sysk sseiti81'1sll'igkt at we)'
as /'ftr{ l:Ie I'Ieeessel"'ý ta /'fteet thsse ee5igl'\ I'et WireMeAts,
"¡;:¡''Ifi'~ill'!fft1~''', ·····~~øJK·'<\';:¡itilrd"i'!";{þ,..
i!,;f!~~,JOJ~L.,. .~. . &JJ:.".~
~Je l:It ilefi"g per/'ftits skIll he ¡ssltes fer savelepRlMt ef Meratka" 3,~00 I'esise¡t¡tisl Itl'\its
(~,~11 8~IY trips), l'esieeAtislltl'lits, e 2§9 I'eel'l\ ketel (2lU 8a¡I)' trips), 2§9,9~ :~
f et sf e MMertisl (13,~89 slily trips), tOO,900 S~t I..e feet ef eHiee (1,372 8sily trips),
Me! 1,200,000 S~lter8 feet sf il'l8ystl'ial se\'elep"'eM (§§2~ Elsil'f t..ips) ef The Aeserve
De-/elep"'eI'\t ef ~egiel'\al ¡/'ftpset ttl'ltil eeMl"aets ka'/e heen let t!1' tke fellswiflg
_ impl'eVe/'ftMtsl
s) Feyr ISl'le TSl'il'\e Psrhv:I'ý tl'eM East Teril'le Perl~wa'f ta Flal'i8e's Ttlrl'lpilte.
b) Il'Itereksl'Ige at TSl'i"s Pel'ltwsï Sl'ltl Flaries's Tt I"I'\pilte.
c) Tv:e ISI'I8 'Hest'Vil'gíl'lis Ð,.ive frsM 6:la88s ~ttt sft Aess te Cssk/'ft8r8 Bewl6';81"8,
il'\ehi8i~ I 95 IflterekMge.
8) I"'tel"£kMge at West Vil"gi",ia 91'ive Me I 96.
e) Fetll' ISl'\8 We5t Virgi",is Drive fl'a/'ft '8sk"'8I'e Beltle'lSI'B te Bayskere 881tIe'/srå.
f) Fetlr ISI'I8 West Virgi",ia £)"i','e tra", BW/skel'8 Beltle'lal'tI te Ai"esa gettI8".'srtl.
g) Fet rI8",e 'alifel"",iS Setllevard tre", Sew'k Peaesel< Bsyle'/sl'8 'e We5t 'Jil'gi",is
~
k) Tv:e \81'18 Calife,.Plis Bsttler.·al'eI frsM ~Jel'th Peaeaek 8et le'leI'8 ta West Tel"i",e
PerltWeY.
April 20, 2004
Page 3,.9
Resolution No: 04-081
Final
[)ouble Underline is for addition
¡trille "At. .111" is for deletion
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9 68.
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24 . 69.
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I) Twe IMe Calih"l'Iia Bellle\'81'8 f1'8'" Sel:ltk Peetesh Bel:lleval"Ef te ÞJel"tk Peeeec!(
Qe III e':sF' 8.
Nt! 'e..tifieetes ef Oeellp6fttY skall he isslied fer develsþ",..... If ",ere t"'al\ 3,<100
I'esisel'ltiall:ll'lits (19,111 eaily t..ips), 8 290 ..eo.... "'etel (21<11 sai~; t..ips), 290,000 sql:l8re
feet ef elm",e..eiai (13,180 åaily t..ips), 100,000 ''Ilial'e feet If Iffiee (1,372 daily trips),
81'1d 1,200,000 s'I1I8I'e feet If il'lslist..ial eevellþ",....t (9921 èail', tF'ips) sf Tke ~eser'/e
beoJelep",....t If Reg i al'l8l I",pact u"til the ¡",p..ave",..,ts lI",del' pal"891'apks (8) tk..eugk (I)
saeve I'Iaýe Is.... ee"'pI8te8.
þJe hliilsi",! pe.l"",its shall Is. issll~ fe.. elevelep",..,t If "'are tl'lal'l 6,100 resiEfeAtial ij 1its
(19,111 èeil'( trips), a 2§0 r..", ketel, (21U 8aily t..ips), 290,OOOs'ltl8..e feet sf ealft",ereial
(13,180 dail'( t..ips), 100,000 slltie..e feet af affiee (1,372 dail, t..ips). end 1,200,000 s'll:l8l'e
feet at .iAsl:lstrial develsp",e"t (§§21 sail,' trips) If Tke Reser"e Develep",el'lt If Regial'\8l
¡"'pset \: "til el",tpads ha'Je heen let far tke felllwiA§ i"'I'I'I';e",ents ("et.-el.p","'. le';el af
tkl'esk.lds "'8)' he il'lereeseEf if it is Efel'ftal'lSt..ated tk..ll:I!lh tke tl'csffie ",."'iteriPl§ I'l'egrs'"
tkat .csssiti'MI 8e\'ell""'8I'It ean Be aecllftlft.elated witkel:lt eHeeesi"'!J le'.el af SU'/iee "DD
peele kalil', peah SMS."" II' Level af SU','ice "CD lI"e81' average aAl'llial saily eaAditial'ls):
a) Eight lal'le p..i",a 'ista B'l:Ile'I8I'Ef fl'e'" West Peeteelt Bo\: lelfðrEf tl ~Iifer",ia
Qetileve..liI.
ÞJa 'ertifieetes ef OeeHJ'SI'Ity shell. he isstied f... è8\'81'p"'8I'\t .f ",sre th8., 3,400-
resiewial l:II'Iits (19,~11 esily t..ips), a 250 r88'" klt81 (¡HI eaily trips), 2§0,000 St¡\: 8re
feet ef el"'fit\et"eial (1¡,~89 è8i~' tl'ip-s), 100,000 s'll:la..e feet .f .Hit8 (1,372 dail'; trips),
al'l8 1,200,000 Se 1:I81'8 feet ef il'\eustria\ devellp"'eI'It (692~ eaOy t..ips) If 11Ie heser'Je
De'Jelep"'8I'It sf R8§ill'l8l ¡""paet Ul'\tO the i""I'"e'Je",....ts HI'IS'" a} ahe\'e has heel'l es""pleted.
Þ-JI BHildiA§ per",its shall he iSSl:leB fa~ 88':elepl'rI....t of "'8re t"'81'\ 3,100 residel'ltial ~it5
(19, Ul Baily t..ips), a 250 I'.e'" ketel (2111 eail, t..il's), 2§0,000 ''Itial'e feet ef (e",,,,ereial
(13,180 eail( tl'iþS), 100,000 sllllere feet If effiee (1,372 Efai~( t..ips), a"è 1,200,000 5qllal'e
feet af il'\el:lstrial de'/el"""8I'\t (6621 Baily ;F'ips), If 11Ie heser'¡e t)e'JeI8p"'w sfhegiel'\8l
¡"'pact I:II\til UAt"aets "'a'/e 8e8ft let fer the UAstl'lIetie" ef iAterseetilA ¡"'prave"'eI'Its te
sls;lil'l the fallowil'l§ eel'lfigH"atie", il'lell:lèil'l9. sigl'l8liMtie" II' si§Aalizetie'" ""eøifieatie" as
warl's",tes hy ei1=y, eSI:I",t" I" State criteria, as a,plies"le:
s) 'aliferl'lie Sll:Ilewrs al'le N...th Peee.t!. Bellle'/al"s
~Jert"'8eH"ø Califal'I'Iia 9I',è.
Q"e 18ft tH"" lal'l8-
0"8 thl".tigk/"ight hI''' lal'l8
Eesth.....s Ne..th Peeelelt Blve.
0"'8 left t\: "" ISl'\e-
01'\8 '''',.ugh/right hlr" 18I'Ie
SSHtkbetiPlfJ Cslifel'I'I¡a 9lvs. .
Ol'le left tur" I~e-
lJIest8eHI'\e ~J8rth PeetSel1 Blvd.
gl'l8 al'prsseh 18I'Ie
April 20, 2004
Page 40
Resolution No; 04-081
Final
Double Ullderlme isfòraddltioll
¡t,ihe "AI,.wgh is for deletion
3
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}
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01'18 tkp'etigk/ri!)kt 1'111"1'1 lel'l8
8)
Prime 'liste Betlle'/8r8 al'l8 CelifeP'l'Iie Bltlle'¡eP'8
~Jep'tkBetll'ld 's1ifef'l'Iia Blvd.
TWI left ttlf'1'I IMes
Ol'\e tkrettgk IMe
6e£el'là tkrltlgk Isl'le1'
OP'le rigkt ttlf'PI lel'l8
Sel:ltk8el:ll'lel CslifeFPlie BII/d,
GP'le left ttlP'I'I lene
Tv;e tkr8t1gk lenes
OPle Fig"" 'tlP'I'I lal'le
Ees"BII:I,1f1 Prime 'lists Blvå.
T VJI left hlp'1'I 18I'Ies
Threetkrl~!kl~es
Fltlrth t""ltlgh laPle'"
01'18 rigid tlf'l'I 1eP\8
'!/estBltlP'lS Pri...a Vists 91'/e,
Ol'le left '1:11'1'1 lal'le
Seel1'l8 left ttlP'1'I Iarle'"
Three thp'ltlgk Isl'les
Fltlrth thl'8wg'" lene'"
OPle t"',ltlgkJ,igkt hi"'" lal'le
t)
West ~(i..gi,da Drive 81'1e Clades 'tit eft Aess
NertkB81:11'1a Glsses 'lit eff Rlas
Orle apþP'8aek lel'le
. SetltkB811",é Clsses '1:11' eft Read
Ol'le appP'8aek laPle
EastB8t1f1à West Vip'filil'lie tlri'¡e
Þ-J/A
lJJesth8111'18 ~'Jest '/ir,il'lis Dri'/e
- OR8 apprlsek lal'leJ'l
8)
\\!e5t '.'irgiPtia Dri·:e 8"tJ Califef"ftis- B8~1~\'8r~
Þ-JertkB81:1l'1d Califef'l'Iis BIl:llevarà
Ol'le left 1'111"1'1 181'1e'"
01'\8 tkr8t1gk/rigkt ttlrl'l laPle
61t1tk88t11'18 'aliferl'lia Slvs.
0..8 left hi.... I.",.'"
01'18 thr8t1g"!l"ig"t hl"l'I lePl8
Eastlsetll'là West VirlJif\¡s I:)"ive
OPle left ttll"l'I IlII'\e'"
Ql'\e t"'''ltlgh l8f'\e'"
OPle right "wrl'l laPle'"
V/est881:t"S "!est Virai"ia Drive
0..8 left 1'....1'1 I.Ple'"
OPle tkrltl!" lePle'"
Ofle right ttlP'fI lal'le'"
e)
\'Jest Vip'gil'lia I:)f'j'¡e sfle Cask...ere S8t1le·.art:l
Nerthh8t11'1e1 Cask...ere Blvel.
Ol'le tkr8t1gk/rigkt ttlrl'l laPl8
S.tlt"'Betll'là Sesk...ere Slve.
TWI I~ft ttlrl'l l8f'\es'"
Resolution No: 04-081
Finat·
Easthel:l..ti West Vir.i"is Drive
Twl thr8~k 181'\8,"
Ol'le right '1:11"" le"e1ll
YJe6t~IIIf\8 West V¡"9il'lie Dri·..e
g". left ttlP'1'I lane*
Doubll! Underlinl! is for addition
S+rihe Tkrwgh is for deletion
April 20. 2004
Page 41
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g",e thr8\::1g"'/l'ig"'t 1'\::11'" ISl'Ie
TW8 ''''1'8\::1gk 181'1es""
Ol'le rig"'t 1'\::11'" 181'\e*
f)
'Nest '/irgil'lis Ðl'i'¡e 8"'~ Air8s8 881jlevSl'8
~Jel'th88"1'I8 I.il'ese 88\::1le\'81'8
0",. 81'1'1'888'" ISI'\e
EestBe\::ll'\8 West Vil'9il'\ia I)ri'¡e
o..e left fl rl'l lal'\e-
Twe th1'81t§" 18"861[(
01'18 right 1'1:11'" IMe*
68 I::Itlo.88 \::11'1 8 ."il'ss8 BI',·6.
Ol'le appl'U8'" lal'le
WestB81::11'\8 'JJ~ Virsil'lia Drive
91'1e left tI::Il"l'I lal'le""
TWI ''''1'8\::1g''' IM86""
Cl'le.l'ig"'t 1'1::11"1'1 lal'l&""
g)
We.st '.(if'gil'\¡e Dl'i';e 81'\Ef Bayshel'e 8s\::Ile\'81'8
Nsrth8SI::I"d BS'/s"'sre BI·¡d.
Ol'le left t\::ll'l'I lal'le""
Ol'le thI'8\::1g"'/rig"'t hip'''' 18"e
East881::1",d West V¡p'ail'lis Dril/e
91'1e left ;1:If'I'I Ie",e""
T-W8 t"'P'8It§h IM8&""
OI'\e right '\::11'1'1 Is",e""
Sel::lthBsl:Il'ld B8Ys"'sl'e BII/8.
O",e left hiP'''' teAe""
01'18 tkl'sttgk/rigkt tI::Ir",lðI'Ie
\VesthSYA8 VJest V¡,ai"ia Dri"Je .
01\8 left tljP'1'I lene""
Tv;s t"'1'8I:1g'" IMes""
O",e rig"'t hl'I'I lel'\"*
k)
'Nest T8l'i",s PSl'ltws)' aPl! TSl'i"'8 Psr\cwey
Nel'tkB8ljPlEf 'IIest Teril'\s Pep'hwaï
Ol'le sp'I'8s8k la"'8
~astBSlt1'l8 T<Øl'i"'8 Pal'hwS't
~J/A
681:1tk8Slt1'\8 West T'8ri",s Psrhw8\'
0". left tltl'l'I lal'le*
Q,e t"'1'8l:1gk ISl'Ie
WestB81::1P1Ei T"8l'il'l8 'Pel'hwS't
Q"e appP'8aek ISl'Ie
""
Il'ItersedisI'I il'ftpre';eltlel'lts Belsl'ld 81tP'I'.",t 8sI'\figl::ll'stisPI,
28 NI A II 1'18t epplitaBle
29 1.11 shave tSl'lfigltl'stisl'\5 5kall Be perMitte8 al'\8 8el'\5tp'ltdeEf iPl a'8SI'8S1'18e \I.-it'" ei?)', 8SY"''{,
30 er state 'I'¡teria, as appIi8a8le.
31 ~Je ~I'tifieates ef Oe8ljp8l'ley s"'sll Be iSSl::le8 fer åe"elepl'ftMt sf ",ere tAM 3 :100
32 ~i;;;ial Ijl'lits (19,Ul 8ai~' 'I'ips), a 2§Q reel'll "'etel (2141 daily trips), 299,009 sqtlðl"e
April 20. 2004
Page -12
Resolution No: 04-081
Final
ðoubllE Ullduline Is for addition
St,¡h. "R\""lh is for deletion
1
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5 7Q.
6
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feet ef t8",l\'\ere¡si (13,480 deity tl'i,s~, 100,000 Slf1:l81"e feet ef .effie~ ~~,~~2 ~iI~~f'~S),
eM 1;200;000:- 34tl:lsI'e feet ef 1I\8t1S1'I'IS\ 88'.'e\eþl\'\eM (§§2~ ~siI'f trlf3') ef ~ ~~~
~ele~t f À~i~~iÏ",p8Et tll'\til the iPltel"seetiel'l i"'''l''evements tll'Isel" ÞS'8!l"sphs (8)
tkl"eugh (k) ab8118, "'8\'e 8eel'\ ee",pleteEl. .
=:: ent"",.. i.........i.. ...Ii!....t;.... .hell ...~ ~~.i~~ ~!:*~ ';;:::
;'~ë ~¿;:;. ~" ,rej'" ...tr..... iM.......i.. ...Ii,,_..., inekoding OW( ~O;:i~
: . e v."eyel"eSSll'Ig5 at ~'SBee 'tit eft ~eaB/~eserJe 8e~de'¡sl"s 81'\8 at GI~~~ ~
t B~~~~~" Center (G. """¡ ont_.., ...11 ~. opp,,:,,~ eO ~~~
; t";::;;:.J v , t.lu..', St.l'''. C....." FI.r,M !I.,ert~ of~'~:'::
_~~ ~; í . eost Coo" Ro;lwoy. A ..py of ' IpI"VðII prej'" ......... i~''';;''
e fi &tial'\ 51'1all Be þre'JieeEl te Treasl:lr8 'east ~8!Jiel'l8l Plal'\.~il'lg 'el:ll'\eíl.
12 71. a As a minimum, the Developer shall pay a fair share contribution .col')sistent with the road
13 impact fee ordinance of St. Lucie County.
14 72.
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~:~:::;:~:. ~revem~1's i8Mtifi~8 ¡" Utl"sgl"spk (6) belew s~all .be teI'l51'..tlete~
'It he setlthel'+" teMed"l'I ef 'ash"'8I"e Beltle-.srEl ta Prll'M Vista Betllei:8I'e.
8)
Pl"i....s Vists gel::lh!'l8I's al'\8 ~"''''el'e Beltle·'81"~
~Jer'thBel:l"8 ~s"'''''eI'8 91'1".
O"e left tUl"l'IlsPle*
Ol'le right ttlP''' lene*
EastBal:ll'lS Pl"i"'8 \(ísta Blve.
Tv;e t"'..elt!'" lanes .
01'18 I"ight tl:ll"" larie*
5etlt"'Beltl'lB ~s"''''ere 91·..e.
N/A
West"'tlI'I8 Pl'il\'\a 'Iista Slv8.
Ol'\a laft 1'1::11"1'\ lal'\e~
TWI threltgh 18J'Ie5
*
IMþl'lval'l\Mts b8)'el'''~ tUl'l"ePlt tel'lfigltl"stiel'l.
24 ~JI A - 1'111' applieebJe
25
26
27
28
29 73.
30
31
32
33
~~t:I"~~1' "...ilElil'l! 1'81'....its fa.. 1'18" ¡"eil:lstp'ial sa',aleþ"'Mt slotall 8e ¡SSIt." ¡PI The Aeserv8
; ~~_ :.~~ sel::lt"'eI'Þ" tll'll\eetiel'l e1'8&"''''81'8 91 1::1 1 8'''I'B tl Pl"i",a '/ista Beltle.'ep'EI is epM te
I" fi til the ¡"'pl"l'<'e"'MfS urlsal' "aNg,.."k (a) aBli:e "'8'..e 8eM ee"'pletaEl.
Qr~tí.~1ittmr~2
Ne :BItHS!"'.! þe~"'i!S s"'ell 88 ¡ssltee tel' Be·."el~pm~t .f "'.1'8 tkan i,~99 l"eeiEl~I'\~_~~~
EI9,-H "I~'{ +to1~Si, a 2S0 1"88'" hetel (21U "all'( trips), 2§0,~ ~41::181'e fee~: ~~~~:~~
(l~a,;~8~ ~8I.1y tl"~p~), 190,OOQ 541::1S..8 feet .af 8~flee (1,372 "ady trl's), 8I'IB ~~,~~~~~e
f- e--et tMt:I5:t:,.ieJ-aevelap"'8J'It (§§2~ Bally trips) .f The ~es8l"O¡8 Develef3M81'1t ef Aegllnal
¡"'paet I:tPltil ell'l1'l"ae1's ka'la be8l'lle1' fal' the fellewil'\§ i"'pl'eve",ents¡
April 20. 2004
Page 43
Resolution No: 04-081
Final
t:)ouble U"d~rline is for addition
Etrih8 1=I\NII'" is for deletion
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e) PI'¡I'I\S 'lists Be~de1l8l'Ef 8"8 C8Iihl""¡s Beijlevel'é
.." Nertkbetll'ls celi:el'l'Iie St'/t
Ol'le left hlrl'l Ie e*
0"8 thrsijgh lel'le*
O"'e right hi"" lane*
~8Stb8ijl'lé ~~i~~ ~~ta BI·/s. ..
01'\8 left till'''' 181'1e'l
Tws thrslIg'" IMes
Ol'le right tl:lr" ISl'Ie~
~.lItk"SlIl'Ié (:elifsl"l'Iis 8h's,
Ol'le left tl:lr" la~e* ,
Ol'\e t1rl1"811g'" l8f'le*
Ol'le rig"'t tl:ll"l'I ISl'\e*
'.'JestB8i1"EI Prime Vista Blvø.
01'18 left tl:ll"l'Ilal'le*
Tv.'s tkretlg'" 181'\e9
O"e right tl:ll"'" ISl'le*
*
11'1'1"I"S'I8M81'1.9 'øe'fsl'le:tel:ll"l'eI'\t ESl'lfigl:ll'atisl'I.
::: :8;t~6~a::.:f o,~e'l:I"e~8'; skell Be iS~1:I8e1 ~Sl' 8f'¡'¡ I'ISI'I il'lSlIstl'iel sfWels"....el'l~ sf...~~:~
~§"Ð'OO' '-~.;,;;' ......1 ..... (19,~1I ~.,Iy '"p'I, · 2§Q ro... h...1 (2111 g,t¡ '...,.),
;:";Rk'" . feet.f .."......,;.1 (13,18Q u;IV 'rip.), IQQ,OOQ -.-. ~~ ~! ~~~
~~~;: ~e~ !~:~ ~l'Ié 1,290,900. s~l:Ia..e feet sf 11'I~l:Istl",~1 sevelsp....eI'It ~~~~~~ t~:~,
eat.. '. leplt\Mt sf .ReglsMI Il'ftpaettll'ltll the IMpl".\'eMeRts 1:I"'8er per"9l"ðp'" (8)
88sve keve Been t81'RI'lete.s. ..
''''''''m!i¡F::::'-'!.''t'''''['''''-~'' ,·...>¡"'H"~-I!'. .. "¡P~~"'"
ni!~F~,~ffÔÞ~~1:~"~r~..!.!.,~~J102
Il'Itel'seetis" il'R~l"s"eme"ts iSel'ltifies i", a) bels~J skall be ESI'I,tl'I:Iet8š eel'lel:lrrel'ft with the
"srtkerl'f ESI'I"eetisl'I sf 'esh",e..e 8stlle':al'eI ta Pl"iMe Vista Bel:lle';erd.
e) Pl'il'Re '.(ista BSklI8'I'sI's and '8s"'",e"8 BSIII8":al's
~Jel'thBsl:I"S Ces"'l'I\ere Bl'Id,
01'18 left tl:ll'l'I ISl'\e
Ol'le tkl'el:lgk ISI'\8*
OAe I'iglllt 1'l:lrl'\ ISl'Ie
Ea5tlsali"'8 Pl'il'Re Vista BI'.'fi.
gl'le left t",." ISI'I8*
1Hw.tkl'el:l§'" l8ftes
Ql'le right tl:ll"l'\ 181'1e
SakltkbstI~Ei '.s!rlMe". BlvfJ.
Ol'le left tl:lP''' I.". .
OAe tkl'slIgk lane .
Ol'le pight ttl,.1'I la...,,*
I/lestb81:1"'d Prim. Vista 81v8;
Ql'\e I~ft hl'l'I le",e
Tws tlllp'ligh IlIfteÐ
g". right '1:1,,'" 1.l'Ie
* IMpl"a\'elt\Mts be-(sl''lEi ettrl'eRt es...figl:ll'ati81'1.
~~"~keer Bl:lildil'lg perMits fer I'IS'" h..Efl:lst,.ial d8'Jelspl'l\Mt ,halllse iSSlleel il'l 'The Reserve
8 t A.l'tkerly eSMee.ia'" af Caskl'l\el"e 8aI:l18·.'.I'S te PI"iI'R8 \'iste 8e1:l18'Jal's t, SpeJ'l ta
tr8ffia I:Il'Itil tke ¡"'pl'.·..eMMts I:I",Eier a) .Be·". lIIave been eel'RpleteEi.
April 20. 2004
Page 44
Resolution No: 04-081
Final.'
Double Underline is for addition
Stril. "f:h. III!" is for deletion
1 75.
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CSl'I\l'I\eI'Itiflg il'l J:a".:u!r·( sf 1990, the Devel,pu NY ~flsert81.e al'l øi al'll'\~al I'I\sl'Iiteril'l§
I'regral'l\. T'r\e traffia I'I\sl'Iitsril'lg pl'sgl'sl'I\ sksll Be 'al'lst:letes hy a traffie e.~~e.,;:~! f:~
t!'et is e ~8Iified BY the Flsl'isa D8fJartl'l\el'tt ef TpMspertatiePl iPl F(3.Q§), Trsffit Op;f'8ti~'"
StttEfie5, 8I'IS £)(3.06), TI'8ffie Opepetisl'l Desig"', er 81'1 ~t:li·/alel'\t.
If the I'I\sl'literil'l§ pragra'" is !le.ledes, it I'I\IISt \:Ie el"''''eAae.s ¡PI Jal'lt:lsl'''f, 1989 efts
l'I'Iai"taiRee I" 81'1 al'll'l1:l81 Basis. TIle se.elspel' shall s~\:Il'I'Iit te the 'ell"ty s traffia IfIsl'literi,,!
repsl't alsPlg viit!' 1fle Reserve's '.""1:181 De\'elsp"'eflt Rel,.rt. The rapert shall pl'esel'lt
eHistirtg 81W'1tS aR8 tl'affie eSl'uMisPls, inal~sil'lg oil Mal)'sis, speeifyi"g 81'11 i"'pl'e"'e"'e~s
l'Ieeessary te I're'/ide b.evel ef 6ep"/iee ·C" fsr aR"~al o·/et'8!e 8aily traUie aSPlsitilM a"8
Level sf Ser'.·jee "t)" fer peal. seas,I'\ peak ""III" tel'lditi,l'tS. TIle repsrt will iSeI'Itify 'Sl'l"
eHeeedSl'lee al'ls eenstrllatis'" sates as sefil'\es "'ereiPl.
.
MSl'literil'\§ ef estk rsasway segl'l\eI'\t Ji5fes ¡I'I Ta\:lles I aPl8 n 1'1'18'( be diStel'ltil'\\:Ies whel'l all
relates i"'pl'evemel'\ts ts fkat reaswer segl'l'lel'lt kave heM 8el'l'lpletes. The Ift81'\iteril'lg
þregl"a'" fer all rssew&)' jn tS shell ellS at t"'e ts"'pletiel'\ ef the Reser...e's efue.leplfteAt
(Yeer 2008). TI\e r8J'ert will Ba Stt"",ittes ts all agefleies wkiek. reeai..,a tke .I'\I'\\:Ial PepSl't
:rhe 'ity ef Pert St. b.~8ie, St. b.~tie 'alll'\ty aR8 the Trees\:Ire 'east ~agi'l'I8l PI8N\il'lg t;:sl:Il'\eil
sholl review al'\8 apprave the "'el'lital'i~ ~epert MB its fiPlsiPlgs. The pl"8gra... 1'1'14'( l'I'Iel'\itsr
MY 81' all 8f tke r8a8wa'llil'lltS listes ¡PI Taltles I al'\eI II.
A twe S8Y, l'I\i8 weel., twel'\'}' fe~r hSl:lr (h,~rlï I"eeal'sil'l!) esttl'\t s"'all \:Ie I'I'I4Be 8" eaek lil'lle
'sft'I""8I'Iei~ iPl Jal'\~ory ef 1991, tha I'I'IsPlitariPlg pregra'" will þrsje-tt traffia s~al'lds fer
eeek lil'llt ~s¡l'\g hisferieal traffi, gl"ev¡t'" 8ata fl"81'1'1 the rnsI'\iteriPlg I'l'egl'8I'I'I 'MS eeMi8eriPlg
prejeetes s8\'8181'1'I'I8I'It witkiPl 1=ke Aeserve. Fsreeasts will he NSe. fer a tkrea 'leer peries
When' 8 1il'\1. is prejettes te ~(eee8 its eHisti,,! ser\'iee vell:l",e tel' Le'/el ef Ser'¡iea ·C" er
"D" 81:1",i~ t"'a threa year peries, the ",a"th al'ls 'Iear fal" s~eh eKeeeS8l'1te- will be estimates
(eHeeeSMee eat e).
a. BttilsiPlg perl'l'lits fer Pl8P1 iPlel~strial sa'¡8lspl'I'IMt il'\ e)(eess 8f the levels skew,", ¡PI
TaBla I 1'1'18}' 8e issl:les fer 11\8 Reserve if it is she VI" i" the Tl"affie Mel'\iteril'\g
PI'egl'e'" tkat le·..el sf Serviee .," f,l" ePll'\l:Ial eVel'8!a sail.,. ,reffia al'\s Level 8f
Ser'¡ite .~. fer peel. seesel'\, ,eek he~rtp'affie taPl Be ",ail'ltail'\e8 witk 8s8itie"sl
Resel"','e se·/els,,,,8I'\'.
Wh8l'l 8ft MeSeSaPl.e sate is setel"l'I'Iil'les, B~il8iPlg I'erl'l'lits fer ssvele'"'ellt 5koll I'\et
be isswes after the eel'\str~etisPl sete ~Pltil the I'\eases imþre'.·e"'~t is let f8r
ce..strtletie... 110Ie aeMtr~etie'" sate is sefil'\as as twelve (12) ",sPltks "",iar t8 tke
eHeeeåaRee sate fer peasway i"'pr,ve",~ts MS eighteM (18) ...s..tks "riar ta the
eKeeeåal'\ee 8ate f8r Bris,e i"'I'r''Iel'l'leAts. De-sigPl a"å ,er"'ittil'\g af tkese
imprsve"'Mts "'l:Ist Ite eSI'l'll'letes Irf tke t81'\strl:lttiel'\ sate.
WkM a" eHeea8Mee sste is eletel"In¡Ples, 'ertifieetes ef Oee~'8I'Ie'; skall /'l8t Ite
iss~as after the &MeeeelaRee elatel:ll'ltil the impre'/MlMt is e8""lete.
April ZO, ZOO4
Page 45
ReSolution No; 04-081
Final
ðouble Underlil'llt is for addition
5trihe 'A.1"'IiI§h is for deletion
1
2
3
4
5
6
7
8
9
.10
11
12
13
14 76.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
b.
:::~. :;:t. for ¡e~.strlal ~~~I~p..ent Ie. ...... ef th. I",~I. ~_:~~ ~:
=:~ 1_ _ fer -r:ke Rese"ve If It IS skew" I" the Tpeffu~ M~~:t~~lng ~~~"a: t~:
. , ~f S:;:i~; ·C" fer a""1I81 8'1e1'age saily t"affia al'\s level .f 6el'vic~ ·D" fer"
;~k ~~;;" pesl( hetlP' t"affie eM Be l'I\ai"tai"es witk _ asèitienel Re6eP"/e
8e>.·el.p....e"t.
:"::'5: ~~~eèa"ee elate is se~er....i"eè. e\:li~di..! pel"l'I\its f~r èe':elepl'I\eR! skell "at
:: ð, e" tke es"Stp'\:Ie1le" sate .."tll tke "eeses Il'I'Ipl'.·:eI'l\8I'It IS let fer
;:::=:~. The ee"st"tle1ie",. èate is "Mi,,!!s as .t"'elve (12) l'I\e"ths p"~a" ta the
~;~d~ sate fe,. 'ea"~ey 11'I\.,~.veI'l\Mts ens el!~teM (la) ....e~th~ In·I.,. fa tke
eM "ee date fel" 8"1I:1ge Il'I\p..evel'l\eMs. Desl!" a",d ,,8"I'I\I.tll'l9 of these
¡"'p".'¡e",e"ts l'I\!:ISt l3e ea....,letes Is)' the es"s'"..etis" sate.
Wh8l'l M eHeeesa"ee sate is sete...lfti..eè, Cel"tifieates af Oeel:l,aI'l8'( 5k811 ",at Be
Ï651:1es afte" tke ~(aeeelMee sate!::l"til tke ¡l'I\p"e"elfte"t is es""plete.
~~:~~:i~9 ~~ JMI:I~""', 1990, tke e!~eleper rN!iftl"sertal,e .a.. a""'~81 ~."ite~ ~e:~~~ ~:
::~ ~ ;~ :~ I:a Vista Ba\:lle'8I'e! I"tereha~e. T-ke traffle ",e..lta"."g. p,.e!l"s", shaH be
a e ., traffia 8I'I!il'leeriAg fir", tkat is ql:l8lifieø e', F£lOT i", F(3.9§) Traffie
Ope,.atia" Stl:lsies al'\S G(3.96) T"affia OpeP"8ti." Ðesi!" a" a" eql:li'.'alent.
If tke "'el'litol"il'\! p,.ls"alfl is seledes, it "'\:1st "e s.",,,,el'lses ¡PI J'8AllaI"Y, 1999 ailS
~~~~:e e"M a"l'Il:Isl "asis.T-ke ae'/ele"e" skall sl:I.,,,,it tl tAe.City ef Pe"t &t. Llleia, St
\:I i I'It'l &l'U~ the T1'eøStll'e 'east R8§ie".1 PIMPling 'sl:ll'leil s traffia "'1",iteriAg "eflll't
alePlg witk T-ke Resap":e's AI'I"lisl Ðevelsp""e"t Repe,.t. -rke I'ap."t S~~~ ~~"~ ~i':::
::unt. .... tr.me ..ed;tle..., I.el.~;,,!! .11 enely.I., ",.elfyi,,!! "'Y ¡"",r""""; n..-ery
_ ;;;~; Le:~1 .f Se"viee ·C" fer 8I'I"ttal ave,.aga ssil'! tl"sffie e~~~i~nG ~~! = ::
~~i;~ .~" i~p' peah sees." pea" ke\:ll" eSl'leitial'ls. TIle "ap."t will iElMtif, ~y ~~eda"ee
81'18 eal'\st,.l:Ietie" eates as safi"es kep'ei".
:s:~~;:tg :Ig,.a", 5"'811 i~elt de AM aPlel P!.A peal, kel:l~ t\:ll""i~ IftI!Je~eAt eSII"'ts hI"
tv ",t¡' (129) "'1"'l:It es te eaptl:l"a tke 1'I'\Ø)(llftl:l'" slNt'( """lIt es at .,.tk
¡",terekal'\ge eKit ra",p ifttel"saeti81'1S.
=~"!! t:- y.... fre.. 'he .penl,,!! .f th. I.ter.hong., the ~..It.r;,,!! ~~ ~~
_ affl ee"'aI'\sS fe" esek ttll""'lng .......-e""Mt 1:1511'19 tke klste:'~ ~~!~I:.!~~~~:~
~;:;~..;; _.r;.! pr"! r... .... .....I~erl"!! proj....~ ~.....I.p..... -...ith -.n. Res""",.
::;:~~ :~i ~ made fe,. IS tkree y~r "erias. '~itieal "'~':a"'eI'It e~~lSeity ~nel>r'5iS If tkese
:: ¡ ;e,z _.;:" "e "e"fe""'e~ \:IS,I"'! tkl. ""sJeate" ..~ Me! P... t~aff'a '..elttlftes. ~e
18" S I easee \:I"." el'lteru. "elatll'l! te 'JlU!lt.." al'ls Se5lg.. ~ ~~t ~~~~~ I~
T,.snsp.rtatie", Reseerek '¡rstlle,. ~Ja, 212. ·I"tel'i.... .11.ater¡als I'" Hi!kway 'apa~ity,"
J'aPlI:l8I"'ý,1989,
April 20. 2004
Page 46
Resolution No: 04-081
Finol
Daubl !! Unduline is for addition
Strih. "Alr.llth is for deletion
1
2
3
4
5
6
7
:;:g e~~:e;~.~teI"Seeti81'\ i~ 'I"ejeetee te eHeeee its e6l'stity fel" Level sf S~l"viee "C·. 81" "D"
o . ee ,eaf' l'e1"188, the ""lAth 81'\tf yee.r fel' s!:Ieh eJCeeeesl'\ee will Be estl""stee
(e)(eeeelsl'\ee Bste).
(1EXT OF THIS CONDITION IS ,OÞJTIÞJVED OÞJ PAGE -..J
April ZO, ZOO4
Page 47
Resolution No: 04-081
Final
Double Underline í. for addition
"rille "Fh.~.II!k is for deletion
11 i i i i i i . i æ li æ æ æ
~ j I I I III J I· II II
)J I 11111.
II ~ ~ ~ ~ I ~ . .. I ~ ~ ~ ~. ~ p .
. . It i 1 i ! 1 i
I~~~·~~
~I ~ it U
i 1 J ~~
.~ VI
~I
1111 J
!
11
! !
GO
q
~
:!
J n·
'. ti
- .~
]~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 ~
18
19
20 ~
21
22
23
24
25
26
27
28
29
30
31 1+:
32
33
34
35
36
37
38
39
:~¡; :;~.. fo' """ ¡,d,st,;.1 Ò...II~"'Mt i" ......, .f 1.~9~ ,..~~~~ '?-~7~
::' ri , 1§Q I"eeft\ ketel (1,2&1 eally "1135), ~6,099 sflllare f~} ~~ ~~IftÐ"'~~~ ~~':~
:~ ~~;;;), ~;i 30,ggO sttY8re feet ef eHiee (fUils eail)' trips) ef effiee ~~ ¡~~U~Ø ~~:
~ ~~;;~e if it is shew" in the Trame N,e"ite,i"g Pregp'al'l\ tkat L.eIJal .f Service ·C· fer
=1I~::r.8ge ø8i~ tP'8ff¡~ ~I'\e L.e·:el of Serviee 't)- fer peal4 seasel'\. pea ( ""eul' tP'8~~~ ~~
. all'leewlth aeehtlaPlel Reser'/e eevelepl'I\eM. '!}kePI 81'1 eMeee_ee eate IS
~e=;~~e, 8uileil'lg perl'l\its skall l'Iot be ¡ssHee aftsr tka 8eP\5tl'IIdial'l eate ul'\til the
e ift\pl'e'.el'l\eI'It is let far eel'lstl'uetiol'l. The eOl'lstrlfetiol'l Mta is elefil'\ee as sigkteet'l
(18) ""al'ltk5 priar ta. the SHeSee8l'\ee elate hI' briege il'l\pp'a\'SI'I\Mts. I;)e&¡gl'\ Me I'er",ittil'\g
ef tkese i""l'l'e'/el'l\sl'Its I'I\IfSt ee eeMplet8e.1 by t\'le een9trHctiol'l eate.
a. I.eeitiel'l ef a twe lal'\e parallel strlfdlfl'S.
b. ~Jerth88Hl'le.I rig""t tIf,." lal'\e.
e. SOHtkbaH"EI right tlfl'l'\ 181'\e.
8. SSe81'1e saHt\'l801:ll'le.l left tlfl'l'\ 181'1e. \f/\'IM 81'1 eJ(eea8aMa elata is ee:tel'",iP'lee,
Gertifieate of Oeetil'eAe',' s"'alll'let 8S issl:leel after t\'le eMeeesal'\ee elate tit'ltil the
ift\pl'evel'l\eI'It is eel'l\plete.
:e.ai;:~ to:~ ~etJrs after the aDDroval date of this DeveloDment Order (ADril 20 2004) a
M .h riD aeneration summarY of aDD roved develoDment shall be Drovided to the
Countvof St. Lucie on a semi-aMual basis.
c~~:~n~~: i; 2004 and continuina every vetJr theretJfter. the develoDer shall submit an
AU· ReDort indicatino the status (schedule) of auaranteed imorovements This
~~~~ì ~~:t~~ ReDort shall be submitted to the City of Port St. Lucie St Lucie County.
PC and the DCA oS Dart of the DeveloDment of Re.aional ¡mooct Annual ReDort.
!he Annual Status ReDort sholl list all roadwav imDrovements needed to be constructed the
;:::~:~~ ~::e :: comDletion for the construction of each ne£ded imDrovement. the Dartv
_i e ouoranteed construction of each imDrovement and the form of the
~:~~; ~:~~i:~~: that ouàrantees const~uction .of each i~Drov~ment Additi~nallv this
S I the mO$t recentlY orovlded trlD oeneratlon summarY as reaUlred under
C:~~iii:~ 55 :~~ anv land uSe trade·off conversions that have occurred. Dursuant to
C i i 52 0 is .DeveloDment Order since the execution of the Develooment Order.
~Je fiMI ,.lal'l1'l8s eevelel'ft\ent ar plet al'pro\l81 sl\811 88 ¡ssties hI' pkasa I'I wl\less a traffiE:
shlsy "'as 8eM eel'l8tidee.l b'fthe Developer. 5tll'I'ftitteel ta al\8 al'pI'8"8& ...,. the 'i~; of Pert
St. Ll:leie, St. ll:le¡e 'el:lldy, Flel'is8 gepertl'l\el\t af Tl'aI'ISI'el'tatiel'l, al'l" '"Ho889l:1l'e 'east
RegieMl PlaMil'l! 'e ","ail , w"'¡ek sel'l\al'lstratej t"'at the regioA81 I'ea"way l'Ietwel'l( eerI
8teel'l\I'fteeate a sI'eeif¡ee.l al'l\8111\t ef a8e1itieMI Resel"¡e t)evelopl'I\eM ef RegieMI Il'I\paet
generatee tl"affie al'le gra~..t'" il'llsaalt§l'elfl'\eI traff¡e 8eyol'ld 200S ene eM still be ",ai:~~~~~
at b.e'lel ef Ser..iee ·C· él:lri"!l averaga al'll'il:lal saily 'raffia eal'leitien9 8/'18 L.e·/sl ef Serviee
-D. Eltiri,,! pea ( "'el:lr, pee ( seasal'l eel'léitiel\s. Stie\'l s:tlfely rrø; Be retJl:lestee 8'{ St. l~(ie
COl:Il'I'ty ,."is" t.p"'Ha IV, "'It after hl'ltl81"y' 1, 1995. The "raffie S'tiel)' 5""all:
April 20. 2004
Poge ~9
Resolution No: 04-081
Draft #1
Doubl~ Und~l'line is for oddition
",iI.1=hP"~'" is for deletion
1
2
3
4
5
S)
isel'ltify the i"'pre'¡e",ents Me til'ftil'l! et these impre\'8"'eI'I;s l'18eessary te previse
Le'o'el sf Servite -C· liPldel" average SMI:tðI' ffsil'; el'eratil'lg t8"8itial'\5 8I'Ie Le·..el ef
Serl/ite -£)" ~eel" peel, 101 a iiI" . ,eelt seesa" Il'eratil'l§ eal'lsitie,,5 fer tke stI"jed
tl"sI'\s,artatill'l l'Ietwel'ltsli..il'lg the 'I"sjaetad ee"",letiel'l af the prajed. il'leltlsil'l§
pl"sjeet il'ftl'ad5 Me! !I'ewth ¡I'I Bseltgl'etll'le tl'affie. '
Aeåitiel'\al fi"'811'lal'll'les se';elap",el'lt al' plat skall",et ha i55l:iee tll'ltil a l'IeVJ prajeet
pkasi"'§ I'l"a!p's"" MS ..essvJfI'( ¡mpreveI'I\eM p..egrs"" /'Ieeessa ")' ;a ",ail'ltsil'l
aeeeptahle 18'/e15 af servise h8'/e heM apl're'¡ed hy tha City ef Pert St. Lweie, St.
blicie Cetll'l?)', Fleri&s Ðel'srt"'elilt et Tp'al'lspertatiel'l. 8I'IS TreeStI..8 'eest Regiel'lsl
PIerI",il'lg Cel:tl'leil tel' 'the 1"8IMil'le8r ef the 88'/elel''''8I'\t.
6
7
8
9
10
11
:fm:"~ì'~~íi!~:r¡"""·'"~!n.ç·'''''r.·'·;~r'''''
"."~\¡,,,..,,:_Il:I,~~:~Jt~!ljf~g¡~..~
12 78.
13
14
15
16
17
18
19
20
21
22
23
24
p,iel" te applieatial'l fel" htlilsil'lg per""its ter 81'\, hetel, eeml'ftel'eial, iI'lEltl9trisl. ,r l'esis8l'ltiel
sevel8p",ent il'l 'f1.\e Reserv8 Ðe'lelll''''Mt If R~ill'ltll Ifftpeet 8e,'81'1& that stlthll"¡zes il'l tke
P..eli",il'l8ry Develal'",el'lt 1.gre8l'l\eI'It, the 88'/8181'8r shsllp..evise al'l estimste ef the I'ItlI'I\8er
ef 1'81"""81'181'1t je"s thet will B8 e..eetes wi:th¡/'I the'l"ljeet 81t1I'1Sal"ies at Btlileltlt Me 8t1ril'lg
eeelipeney ,It eeek pl"ljed phase. This estift'lete If tetalp8P'I'I\al'lent 8"'pleY"'eI'It gel'l81"ates
5Aell Be "niteR 81V:1'I "y salery 1"8fIge sl'le ee""pal"8S ",,'itA the afferéaBilit·{ ef resiEl81'1tisl
tll'\its wkiek have BeM er will I:Ie el1'l5tp'tldes pl"ilr te Bl:lileetlt ef tkat phase ef' pre\'ielis
pksseS tll'Iser F'8'.tiev:. II'I aèeitiel'l, tke è~'/eleper shall ee"'8t1et a ketlsil'lg stH"'" te éetel"",i"'8
the "'¡Aiml:l"" 8istenee ire"" The Res8f"\'e De'¡elap"'Mt et Regiel'lðl ¡"'pad v;kep'e ~ ade'fl:lete
stlppl'f af kal:l5i"§ whiek is affel'E!ahle te all persaNl werl(il'lg i", The Resel"\'. D8'/ell"""ent ef
Re§i11'l81 ¡"'paet is leeat.é. This hllt5i", stliS,! will ~ta",il'le tke leeatiel'l s"s e15'S If t"'is
ketlsil'lg 81'1d will il'leltlse a pia" feF' th. previsil/'l If affersll.,le hel:lsil'lg ,hetllE! t"'8l"e ~lIt B8
Meli!h stll'pl,! il'l the \'ieil'lit(.
25
26
27
28
29
30
31
32
'f1.\. develel'er WIer trelite ",el"e peP'",s"eI\t .""1'11'1"'81'11' then hltlsil'lg eppel"tlt",ities fal"
e"'pll';e85, "lit skall "at eeJIIStrlid al'l'( hetl5ing wkiek is l'Iet affe,éaBle 1'1 e"""lerees ef
"l::Isil'lesses v;ithil'l the sl'ljeet Bali",saries tI",til stlek time liS affll'sa.,18 katlsi"9 ePl'srhll'lities
il'l tke vieil'li1Y If The Reserve \:)8\'.la"""8I'\t It RegilMI ¡"'paet keve 8881'1 I'l'eviees fel" all
emple''''''eI'It ere&'teEl il'l tkat Shase .f' e8~·elep"'Mt. 'eNliste",..,. et eevellp""en' I'leftS witk
t"'is ¡l'It.I'l1' ""1::1'1' .,. liet8l'",iPl.s 8Y the 'itV If P'P't St. b,yei.. St. Ltleie 'eYftty, a..s the
TreðStlre 'last Regill'lsl Plemip\§ 'eIi",eiI priel' te the isstl8l'lee ef 81::1i1di"'§ per"'its fer sPfl/
øe.elep",el'lt Beyel'l8 tkat aythll"iud "'f the Pl"eli",il'lðry tle\'elep",ent A§ree"'Mt.
33 ~
34
35
36
37
38
39
No buildina Dumits shall be issued for develoDment that cumulativelY aenerat£! more than
3153 total PM Deak-hour trios or after December 31 2005. whichever occurs later' until
the indicated ¡mDrovement has been included within the first five years of the adoDted
CODital ImDrovements Proaram for either St. Lucie County or the City of Port St Lucie or
until the indicated imDrovement has been included within the first three years of the
Florida DeDortm£nt qf Tran~Dortation's AdoDte,d Work ProGram. or until contracts have
be£n funded and let ~v for imDrovements to obtain the followina roadwav confiauration
April 20, 2004
Page 50
Resolution No: 04-081 .
Draft #1
Double UnderlillfJ is for addition
¡trill. "R!,..II§h is for deletion
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 a
31
32
33
34
35
36
37
i.)
listed below includina the aDDroDriate lane aeometrv at the intersectiol'\S sianalization.
liahtina and associated imorovements (j)
~t~~t,. ;~i. West BoulMl"d from vmCIQ~ P.rk"""/~pp'm<;rce ~",t... Dei..
p . k 8 e~ard. This imorovement ¡ndudes the construction of a six-lane
bridoe over I-95.
ii.)
St Lucie West Boulevard at I-95 southbound Ramos
Eastbound Reserve Blvd
Three throuoh lanes
One. rioht-turn lane
Westbound St Lucie West Blvd
Thre.e.throuoh tones
southbound 1-95 Southbound Off-RamD
Two left-turn lane.s
Two riaht-turn lanes
iii.) St Lucie West Boulevard at I-95 Northbound Ramos
Eastbound St Lucie West Blvd
Two left-turn lanes
Three throueh lanes
Westbound St. Lucie West Blvd
Three throuoh lanes
One rioht-turn lane
Northbound I-95 Northbound Off-Ramo
Two left-turn lanes·
One rioht-turn lane
¡v.) 2nd receivina lane for the I-95 Northbound On Ramo to accommodate dual
~stbound left turns at the I-95 east ramos intersection.
r: DevelODer mav Drovide. for the construction of this imDrovem£nt throueh a ¡ointlv
:~~~~ ~:::~k:~ a~~~~ Drivate and/or DubUc t'{'tities and such construl;tion and fundina
a i. . i 0 ¡tion Drovided it is the subiect of a bindino executed develooer's
~:;~:~:~~ ;r ~~~tf~ct . ~e develoDer shall.be entitled to r~cei~e fair share ~rQffic imDCIct
~e It f r I deslan and construction costs of this Imorove.ment In an amount
c ~si;t£nt with any local roads imbOct he ordinances or reaulations.
~o ~u~:~:~ ~:~: s~:~ be. issued for develoDment thot cumulativelv aenerates more than
:5 . .. k- r trios or Dec£mber 31. 2005 whichever occurs IQh~r until an
e;ati:~1 ~~QI~;~ ~f the Villaoe ParkwaY/St. Lucie West Boulevard roundabout is
~~:~~~;~;¡ Th~: ~~~:~~ shal~ be comDlded annuallY and submitt.ed to the ~ity of P?rt St.
u e _n St CI ty with the annual reDort The ooeratlonal analvsls shall Include
~~~o~;~o ~f curr£nt safety and ooerotional conditions and sholl Droiect oDeration
~= ~ ; ~~;._Y:," oll:iod. Th. m.oth.d.loav of .such on DI] ~is ~h.11 b. røi.....
v v h Clt of Port St. Lucie and St. LUCI~ County In th~ event that the
Resolution No: 04-081
Draft #1
ðouble. Unde.rlinr. is for addition
it,¡I.. 'RI'.IIII'" is for delr.tion
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ov~rall oD~ratina conditions of th~ roundabout ar~ Dro i~ct~d to b~ below lev~1 of service
liD" or safety deficiencies ar~ identified oDerational or oeometric imDrovements sholl be
imDlemented to Drovid~ level of servic~ liD" or bdter. Th~ roundabout/intersection shall be
imDroved as necessarY ~D to and includina the intersection aeometrv identified jn (j) below
which reDlaces th~ roundqbout with a standard intersection. Buildina Dermits shall not be
issued 24 months after a need for an imDrovement has been identified bv the oD~rational
study or Droiected until contracts have been funded and Id bv the DeveloDer for the
identified imDrovements. Such ¡mDrovements may include additional turn lanes warranted
sianalization. þQvem~nt markinos sionaa~. liohtina and associate.d imDrov~ments (j);
i) Villaae Parkway and St Lucie West Boulevard/Res~rve Boulevard
Northbound Villaoe Parkway
9ne left-turn lane
Two throuah lanes
Two-riaht turn lam~s
Eastbound Reserve Boulevard
Two I~ft-turnlanes
Two throooh lanes
One rioht-turn lane
Southbound Villaoe Parkway
Two left-turn lanes.
Two throueh lanes
One riaht-turn lone
Westbound St Lucie West Blvd
Two left-t~rn lanes
Two throue" lanes
One riaht-turn lane
The DeveloDer shall conduct a sianal warrant analYsis at the followina intersections
beoinnino Januarv 2008 The sional warrant analYsis sholl be continued on on annual basis
until all siano Is ore warranted.
a. Glades Cut-off Rood and Villaoe Parkway
b. Glades Cut-off Road and Reserve. ~oul~Yard.
)he analyses shall be Derformed durina the Deck season and Dresented and aDDroved bv the
City of Port St Lucie and/or St. Luci~ County as aDDlicable The analYsis may b~ limited to
Drovidina traffic volum~ counts only when aareed to bv ~ither the City of Port St Lucie
and/or St. Luci~ County as oDDlicable.
Additional c~rtificates of OCCUDanc:v shall not be issued nine months afte.r the analysis
showino a traffic sianal is warranted until £ither (i or in:
n Contracts hav£ be~n funded and let by th£ D£v~loDer for the installation of the.
traffic sianal and oDDlh;9bl£ intersection imDrov~ments includino aDDroDriate lane
aeometrv sionalization. DQvement markinas. sianaae. liahtina and associated
imDrovements: or.
ii) Within sixty (60) days aft£r a sianal is M/arranted a letter of cr£dit et.Juivolent to
120'1. of the des ion and construction costs of th~ aDDlicabl£ sianal and intersection
Resolution No: 04-081
Draft #1
April 20, 2004
Page 52 ~
Doubl£ Und£rlinl! is for addition
&t,ihe 'RoI.....gh is for deletion
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within 12 months after the sianal is warranted.
No buildina Dermits shall be issued for develODment that cumulativelv oenerates more than
~~tU one of the. listed alternative actions has occurred for one of the followino indicated
imDrovement cro~DS (1.2 or 3)
1.) Six-lane Prima Vista Boulevard from Bavshore Boulevard to U S 1: and extend the
duål westbound l~ft-tlJrn lanes and the northbound left-turn lane at Prima Vista
}nterse.c;tion imDrovements at Bavshore Drive. and U S 1: or .
2.)
Resolution No: 04-081
Draft #1
a).
Four-lane West Virainia from Cashmere Boulevard to 'Båvshore Boulevard.
ggg.
b.)
d Convert the. eastbound left-turn lane at Prima Vista Boulevardl Airoso
Boulevard and the westbound left-tùrn lane. immediatelv west of the. eastbound left-
t!Jrn lane. to a two-wav continuous Ie.ft-turn lane: and.
d.) Extend the eastbound richt-turn lane to 500 feet includina taDer. at Prima
Vista Boulevardl Airoso Boulevard: and.
e) . Dual northbound and southbound left-turn lanes at Prima Vista
Boulevard/Floresta Boulevard: and.
f.) Exte.nd the eastbound riaht-turn lane. to 400 feet. includina taDer and the
~estbound riaht-turn lane to 510 feet includino faDer. at Prima Vista
Boulevard/Floresta Boulevard: and.
c.) One southbound Idt/throuah/riaht lane (restriDino) and one. s~uthbound
riaht-turn lane at Prima Vista Boulevard/Rio Mar Drive: or
h ) In the event West Virainia is not continuous between Cashmere Boulevard
and Vi lIaoe Parkwav. the followina imDrovements shall be made at the interse.ction of
~t Lucie West Boulevard and Cashm£re Boulevard: Lucie. West Boulevard and
Cashmere Boulfward:
1) Extend westbound Ie.ft-turn lanes to 375 feet: and.
2) Extend northbound left-turn lane to 450 fee.t: and.
i ) Extend eastbóund left-turn lane to 525 feet at St. Lucie West
Boulevard/Bavshore. Boulevard; or
ðouble Unde.rlinels for ~ddition
¡..rille "AIr.w,1I is for clcletion
April 20. 2004
Page 53
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Four-lane West Viroinia from Cashmere Boulevard to U S 1: and
:" . ~ th~::t ~::J ~t'I,::: ;;! .o"'ipuous b.t'.... Cash~...E 8~:~
~ V,II .p...~ t II I I r mlllts sholl b. ""'If. ot the 'nt.....ct'O\! of
L~~~ West Boulevard and Cashmere Boulevard: .
n Extend wf'.Stbound left-turn lanes to 375 feet: and.
2) Extend northbound left-turn lane to 450 feet: and.
c Extend eastbound left-turn lane to 525 feet at St Lucie
~oulevard/Bavshore Bouleva['.d
~ Extend. westbound rioht-turn lane to 475 feet at Prima
Boulevard/Floresta ðrive
~. Extend the followinå lanes at US l/Prima Vista Boulevard:
n Northbound left-turn lane to 725 feet: and.
2) Southbound riaht-turn lane to 750 feet
Alternative Actions:
A.)
Contracts have been Ie.t to construct the indicated imDrovements: or.
B)
~. ::i:t :~:;~:~ I1Ps ~V" included wit~in the first fi~~. Y"'1 !If lb'
a D DI a 0 ts Proaram for St Lucie County or the City of Port St.
L~~~~ ;r ~he first three years of ~DOTs adoDted Work Proaram: or.
ç.)
A; ~iS has been conducted that demonstrates the indicated imDrovemen~~)~r~
;:::::* ~~~~~~'11:~ idIMity th~ new imDr_tls) pntJ n"; trio
~ -=:~~;'J': - s_" I. rov.",potlt) wIll bf n.eded Jjo. m.thgdoloov for
~~:,,; ~::I~:i:,:~;" ~~£~~~~~~:~ ;holl be Drovi~ed to the Tr~ure Coast R£Oional
~~'~:~: ' (. d FnQT for rcvlP' and shall b. ODDro1(fd bv !.h'
~::~;;r;: u:~;::~::f::;~:: (ðCA) Prior to .the redefined threshold beina
~::= '~~:~ . . _ h I~ for construction or shall be Þroorammed for
-i:,,: ¿~p~.~~ E;. fir;; th.....~ of t~E Cqpitol I!lJl'C0v""",,,S p~¡;øm for
t I 0 . . Cle or St Lucie County or FðOTs adoDted Work Proaram: or.
DJ
~ ~~~~~o~er I£vel of servic£ has bUll adoDted by the maintainina aQ~ ~
:: ~.:::~~ ~.~::- ani~E~t~hllt d~~rot.. th~ ;ndicoted i"'P"9œnmt{ ) or.
:~~ :;:~~ ~~:¡ ~':h~ ~:~I. also IdMhfv th~ new Imorovement(s) and new trlD
~~~ ~:: Ir~:~r* - s ImDrovement(s) will be needed. The methodoloay fo~
;rf. ~nnoh¿~ :~ ~~~~\~It" b. orov;~ t. the rr-r. Coost Rg/ionol
nl 0 n ( d OT for review and sholl be aDDrov£d by the
Resolution No: 04-081
[)r'Qft #1
!')oubll! Unduline. is for addition
5,,111. 1=hr."!lh is for deletion
April 20, 2004
Page 54
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E)
DeDartment of Community Affairs (DCA) Prior to the r~defined threshold beina
r::~;~:~~: ~7i;~~~~~t shall be let for construction or shall be oroarammed for
;h~ ç ~t;í" p' hi~ t¡;~first five vearl of tho "'.i!.1 r"'.""'."1S"1S PI'OG(9'" fot
i ~~; St. Lucie or St. Lucie County or first three years of FDOTs
pdoDted Work Proaram: or
Tne City of Port St. Lucie and/or St. Lucie County has adooted a lana-term
~o;cu~r~nC:; ma~a~ement system (CMS) and includes the indicated imDrovement(s) in
the lana-term CMS: or.
f)
~ I;~ ~7;"n"'~t' d.v.lo.",..t .........t c~.t..t wit~ 'odio~.263 3220
hr 3243 F.S hos been executed and attached as an exhibit to the
Develooment Order.
Resolution No: 04-081
Draft #1
Double Underline is for addition
6tril.. 'f:h...I:IS" is for deletion
April 20, 2~
Page 55
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1 BE IT FURTHER RESOLVED by th~ Board of County Commissioners of St. Lucie County, Florida, as
2 follows:
3 B.
4
The legal description for the property under this amended Development of Regional Impact
Application for Development Approval, is as foll<>ws:
5
This Description Does Not Depict Lines of Ownership
6
7
A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27, 28, 34 And 3!5, Township 36
South, Range 39 East, St. Lucie County, Florida, more particularly described as follows:
Begin at the Southwest Corner of Said Section 15; Thence South 89°23' 26" East, along
the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection
with the Westerly Line of Q Parcel of Land Described in Official Records Book 514, Pages
237-239, Public Records of St. Lucie County, Florida: Thence North 44°46'07" East, along
the Westerly Line of Said Parcel of Land, a Distance of 1393.92 Feet to the Point of
. 'Intersection with the Westerly Line of the Plat of G. O. Team Industrial Park - Unit One.
as Recorded in Plat Book 23, Page 31, Public Records of St. Lucie County, Florida; Thence
Northeasterly along the Westerly Line of Said Plat of G. O. Team Industrial Park Unit One
the Following Courses and Distances:
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North 45°13'33" West, 660.03 Feet to the Point of Intersection with the Easterly Right-
of-way Line of the Florida East Coast Railway; Thence North 44°45'58" East along Said
Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 45°13'53" East,
510.04 Feet;-Thence South 63°39'59" East, 158.11 Feet to the Point of Intersection with
the Easterly Line of a Florida Power and Light Easement as Recorded in Deed Book 198,
Page 1040, Public Records of St. Lucie County, Florida. .
Thence South 44°45'58. West, along Said Westerly Line of Said Plot 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 89°29'01" East, along the Northerly Line of Said Plat of Port St. Lucie Section
Forty Four, a·Distonce of 112.97 Feet to the Westerly Line of a Florida Power and Light
Easement as Recorded in Official Records Book 90, Page 71, Public Records of St. Lucie
County, Florida; Thence South 00°21'26' West, along the Westerly Line of Said Florida
Power and Light Easement. a Distance of 3975.26 Feet to the Point of Intersection with
the North Line of Said Section 23; Thence North 89°23'16" East, along Said North Line of
Section 23, a Distance of 33.09 Fut to the Point of Intersection with the Westerly Line
of a Florida Power and Light Easement, Recorded in Offic:ia Records Book 97, Page 504,
Public Records of St. Lucie County, Florida; Thence South 00°00'15" West, along the
Westerly Line of Said Florida Power and Light Easement, a Distance of 5305,53 Feet to
the Point of Intersection with the North Line of Said section 26; Thence South 00°00'02"
East along the Westerly Line of a Florida Power and Light Easement Recorded in Official
Records Book 120, Page 199, Public Records of Sf. 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 Southèrly along Said Proposed Right-of-way the
Foilowing Courses and Distances;
Resolution No: 04-081
Final
ðouble Underline is for addition
litrill. 1=krlll!!" is for deletion
April 20, 2004
PCIg£ 59
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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 20°35'02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the
Northwest, Having a Radius of 131.00 Feet, Thence Southwesterly along the Arc of Said
Curve 149.35 Feet, Through Q Central Angle of 65° 19'11"; Thence South 85°54'13 "West,.
388.39 Feet; Thence South 05°58'06" East, 64.11 Feet; Thence South 89°54'13" West,
300.01 Feet; Thence South 00°05'47" East, 140.00 South 05°46'23" West, 64.11 Feet;
Thence South 86°05'41" 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, Q Distance of 60.04 Feet
Through a Central Angle of 02°39'23" to the Point of Intersection with the Westerly Line
of a Florida Power and Light Easement Recorded in Official Records Book 97, Poge 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 E~ement Recorded in Official
Record Book 468, Page 2897, the Following Courses and Distances:
24
25
26
27
Thence South 0003~'29" East, 1849.11 Feet; Thence South 06°37'22. West, 631.95 Feet;
Thence South 12°26'OT' West, 640.99 Feet; Thence South 19°28'36" West, 683.65 Feet;
Thence South 79°27'56" West, 55.51 Feet; Thence South 10°32'03" East, 50.00 Feet:
Thence North 79°27' 56" East, 55.39 Feet; Thence South 40°32'32" East, 146.64 Feet;
Thence South 23°34'44" West. a Distance of 422.42 Feet; Thence South 89°52'17" West,
1527.70 Feet; Thence North 40°43'16· West, a Distance of 1216.31 Feet; Thence North
40°04'45" West, a Distance of 95.12 Feet; Thence North 44°0710. 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°4733- 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 Line, a Distance of 1026.67 Feet; Thence North 43°34'56" West along Said
Southerly Line and the Southerly Line of the Plat of Sabal Creek Phase n, recorded in Plat
Book 24, Pages 1, lA thru lC, Public Records of Said .st. Lucie County and the Westerly
prolongation of 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 Coost 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 00°36' 34- West, along the West Line of Said
Section 15, Q Distance of 110.12 Feet to the Point of Intersection with the South Line of
Said Section 15 and the Point of BcgiMing."
April 20, 2004
Page 60
Resolution No: 04-081
FillOl
Double Ulld£rlin£ is for addition
Stria. "A\"'II!h is for deletion
3 C.
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Containing 2.680 Acres More. or Less.
Any modifications or deviations from the approved plans o~ requirements of this
Development Order sholl be. submitted to the St. Lucie County Community Development
Director and the Port St. Lucie City PlaMer. as appropriate. for Q determination by the
Board of County Commissioners of St. Lucie County/City Council of the City of Port St.
Lucie, os to whether the change constitutes Q substantial deviation os provided in Section
380.06(19), Florida Statutes. The Boord of Commissioners of St. Lucie County/City Council
of the City of Port St. Lucie, as appropriate, shall make its determination of substantial
deviation at a public hearing after notice to the developer.
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 Community
Development 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 Community Development Director/City Planner
may require periodic reports of the developer with regard to any item set forth in this
Development Order.
The developer shall make an QMual report as re.quiredby Section 380.06(18), Florida
Statutes. The annual report shall be submitted each year on the amiversary 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 contaihed in the
Application for Development Approval, or in the phasing for the' reporting year and
for the next year;
2.
A summary comparison of development activity proposed and actually conducted for
the year; .
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
year or is anticipated to be filed during the next year;
~. ApriI'ZO. 2004
Page 61
Resolutio" No: 04-081
Final
Double Ullderlille is for additio"
Stril.. TI.r,"!h is for deletio"
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7.
An indication of a change, jf any, in local government jurisdiction for any portion of
the development since the Development Order was issued;
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;
9.
The annual report shall be transmitted to St. Lucie County, the City of Port St.
Lucie, the Treasure Coast Regional PIOMing Council, the Florida Department of
Community Affairs, the Florida Department of Natural Resources, the South Florida
Water Management District, the Florida Department of Environmental Regulation,
and such additional parties as may be appropriate or required by law;
10.
A copy of any recorded notice of the adoption of a Development Order or the
subsequent modification of an adopted Developmént Order that was recorded by
the developer pursuant to Subsection 380.06(15), Florida Statutes; and
11.
Any other information requested by the Board of Comii\Íssioners of St. Lucie
County/City Council of the City of Port St. Lucie or the St. Lucie County Community
Development Director/Port St. Lucie City PlaMer to be included in the annual
report.
The definitions found in Chapter 380, Florida Statutes, shall apply to this amended
Development" Order.
St. Lucie County hereby agrees that prior to March 14, 2009, The Reserve Development of
Regional Impact shall nQt 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 inacclJrate 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 thatony 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.
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. .
In the event th(lt 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
April 20.2004
Page 62
Resolution No: 04-081
Finol
Double Underline is for addition
¡tpihe 14Irlw!lh Is for deletion
1 shall in no manner affect the remaining portions or sections of this amended Development
2 Order, which shall remain in full force and effect.
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This amended Development Order shall become effective upon adoption.
Certified copies of this amended Development Order shall be transmitted immediately by
certified mail to the Department of Community Affairs, the Treasure Coast Regional
Planning Council, and Reserve Homes Ltd., L.P., a Delaware Limited Partnership, the
successor in interest to Callaway Land and Cattle Company.
Within 21 days of the effective date of this resolution amer)ding Resolution No. 89-73, the
developer, shall record a notice of adoption of this order in compliance with Chapter
380.06(15)~f), Florida Statutes, with copies of said notice being provided to the Florida
Department of Community Affairs, Treasure Coast Regional Planning Council, St. Lucie
County and the City of Port St. Lucie. '
After motion and second, the vote on this resolution was as follows:
Chairman Paula Lewis
AYE
Vice-Chairman John Bruhn
AYE
Commissioner Cliff Barnes
AYE
Commissioner Doug Coward
ABSENT
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 20th day of April, 2004.
BOARD Of COUNTY COMMISSIONERS
ST. LUCIE COUN1Y, FLORIDA
BY
¿ tL ~
. .., C/ .
__ ".tJ '. 0.(.I(/.)
Chairman (/
April 20.2004
Poge 63
Resolution No: 04-081
Final
Double Undl!rline is for addition
¡,,.ille Th..lllgh is for deletion
1
2 ATTEST
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APPROVED AS TO FORM
AND CORRECTNESS
Resolution No: 04-081
Finel
Double Underline is for addition
Str¡he "'AIr'lIth is for deletion
April 20.2004
Page 64
1
2 EXHIBIT A
3 SANDHILL CRANE NESTING MANAGEMENT PLAN
4 The developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes.
5 These areas are depicted on Map H. Other areas may be defined by the developer as Sandhill Crane
6 nesting sites, including areas designated as mitigation or restoration areas, to reflect documented
7 nesting activity or frequency of use with the approval of the Flori9a Game and Fresh Water: Fish
8 Coml1\ission.
9 Wetlands providing nesting site habitat shall meet the following criteria:
10 Located within 1/2 mile of a known nest site..
11 Minimum wetland depressional radius of 100 feet with ordinary high water elevations of 2-3
12 feet, ordinary low water elevations of 0.5-2 feet and dominated by wetland grasses and
13 forbs (little or no woody vegetation)
14 Minimum managed upland per,imeter buffer of 100 feet fr:om jurisdictional wetland limits,
15 managed as open native wetland transition or uplands foraging habitat - This area shall have
16 no more than 20% shrubby understory 3.0 feet or less in height, no forest canopy, and
17 characterized by'grassy ground cover.
18 A. visual screen of native vegetation, planted or naturally occurring, at least 5 feet in height
19 and at least 20 feet in width to provide a visual barrier tò surrounding human disturban~es
20 including residential home sites.
21 Where golf course fairways or lakes are adjacent to the nest site wetland, the mancigecl
22 upland perimeter. may be reduced to 50 feet in width and the visual'screen eliminated
23 provided the width of the fairway or lake is at least 150 feet.
24 The upland perimeters and buffers may be modified as appropriate to QèCOmmodate landscape
25 design or sound environmental planning, so long as the proposed plan will not significantly reduce the
26 area of the wetland nesting depressional, transitional wetland, or upland foraging habitat: and so
27 long as no construction occurs within 300 feet of the designated ·center- of the proposed nesting
28 site. . .
29 Management of the non-golf course portions of the buffers and wetlands shall be pursuant to
30 recommendations developed in consultation with the Florida Game and Fresh Water Fish
31 Commission. During the months of December 1 to A.pril 30, no construction within 300 feet of
32· preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane
33 nests. In the event that active nests are found, construction sholl not occur until July or 90 days
34 after the eggs hatch whichever comes first.
Resolution No: 04-081
Final
Double Underline is for addition
¡trill, thr'II'" i. for deletion
April 20, 2004
Page 65
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Resolution No: 04-081
Final
EXHIBIT H i
MASTER PLÄN FOR THE RESERVE
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT)
~ubl£ Unlkrline is for addition
~t..i1~ 'R\nlllh is for Iklction
April ZOo ZOO4
Page 66
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Resolution No: 04-081
Final
EXHIBIT C
UPLAND HABITAT PRESERVE AREAS
FOR THE RESERVE
(MAPS ON FILE WITH THE ST. LUCIE COUNTY
COMMUNITY DEVELOPMENT DEPARTMEND
DoublL UnderliM is for addition .
¡trill. ' :h~'''Jh is for deletion
April 20. 2004
Page 67
..---
BOARD OF
COUNTY
COMMISSIONERS
:·····'Eð~~~~,·.···,·,'·,·,·
fLORI.DA'
COUNTY
ATTORNEY
Daniel S. Mcintyre
Hearher Young
Karherine Macl~enzie-Smirh
Heather Sperrazza Luel~e
ASSISTANT COUNTY AlTORNEY
ASSISTANT COUNTY ATTORNEY
ASSISTANT COUNTY ATTORNEY
September 28,2006
William S. Spencer, Esq.
Gunster, Yoakley & Stewart, P.A.
Broward financial Centre
500 East Broward Boulevard, Suite 1400
Fòrt Lauderdale, Florida 33394-1400
RE: Letter of September 27
Dear Mr. Spencer:
Thank you for your letter of September 27. for your information, the Board of
County Commissioners authorized to advertise the October 3, 2006 public hearing at the
Board's August 15, 2006 meeting. Your clients and Mr. Perry from yoUr firm were present
at this meeting. A copy of the agenda item for this meeting was provided to your clients in
advance of the August 15 meeting and is also enclosed with this letter.
Also enclosed are copies of the following:
1. Letters dated September 8, 2006 from Growth Management Director
Robert Nix to' Mr. Csapo and the registered agent for your clients notifying them of the
October 3, 2006 public hearing. The letters also indicated the areas of noncompliance.
2. An email dated September 22, 2006 from Treasure Coast Regional Planning
Council Executive Director Michael Busha identifying a list of recommendations for
amending Resolution No. 04-081. The email shows that a copy of the email was sent to
. smorton@kolter.com",
3. Letter dated September 22, 2006 from Terry Lewis, Esquire to Mr. Perry
from your. office regarding compliance issues between the County and your clients. This
letter. also references the October 3 public hearing.
JOSEPH E. SMITH. Disrricr NO.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS. Dlsrrlcr No..J . FI\ANNIE HUTCHINSON. Disrricr No.4' CHRIS CRAFT. Disrricr No.5
Counry Adminisrrolor . DoU<]los M. Anderson
2300 Virginia Avenue · 3rd FloorAdmin. Annex · Forr Pierce. FL .34982-5652 · Phone (772) 462-1441
FAX (772) 462-1440 · TOO (772) 462-1428
4. Copies of the draft agenda request and draft Resolution No. 06-316 which,
if adopted, would amend Resolution No. 04-081. These items are being forwarded to you in
advance of being copied to the Board and the County Administrator.
The County believes that your clients have been provided with adequate notice of
the October 3 public hearing and the issues that will be discussed at the public hearing.
If you have specific comments concerning draft Resolution No. 06-316 or any other issue
concerning the October 3 public hearing, please provide those comments in writing to Mr.
Nix.
DSM/ caf
Enclosures
Copy to.:
Growth Management Director
T. Lewis, Esq.
G
GunsterYoakley
ATTORNEYS AT lAW
Writer's Direct Dial Number: 954-468-1399
Writer's E-Mail Address:bspencer@gunster.com
September 27, 2006 .
Via Federal Express
Daniel S. McIntyre, Esq.
County Attorney
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 349821
Terry E. Lewis, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
Re: September 18,2006"':' Notice to AmendlResclnd
Resolution No. 04-081 ("Notice")
Gentlemen:
By introduction, the undersigned and law finn represent Reserve Homes, Ltd., LP,
("Reserve Homes"), a Developer and Property Owner within the property area(s), referred to in
the referenced Notice.· . .
The Notice states, in general, and without specificity, that St. Lucie County is meeting on
October 3, 2006 to consider amending or rescinding Resolution No. 04-081 ("Resolution" or
''Development Order"). The Resolution was initially adopted by S1. Lucie County on April 20,
2004. Since its adoption, and consistent with the tenns and conditions thereof, Reserve Homes
has continued to develop under the terms of the Development Order, has expended substantial
sums of money in. reliance thereof, and has built and sold homes within the Reserve.
...""'--."...,_...'.....
First, the procedure and/or purported process as "Published" and "Noticed" by the
County is not consistent with its Land Development Code (IDC) and the pwported Notice of
such action is deficient. The Notice fails to comply with the general requirements of the
County's LDC, including Section 11.00.03(a), which, inter alia, requires a "description" of the
substance of the subject matter that will be discussed - a description of the substance of the
subject matter not only is not set fórth but as further discussed below, Reserve Homes has not
been able to ascertain the intent, substance, and/or proposed Petition, etc. SecondlY, the Notice
does not contain a clear statement of the body conducting the hearing. Ib.i.ßl, the Notice does not
contain the title or substance of the proposed Ordinance or Resolution to be considered and, as
noted, the Petition or proposed action item and/or agenda has not been published or made
available to Reserve Homes and/or the public as of this date. In that regard, we have repeatedly
attempted to contact the County Growth Management Dept. to obtain a copy of· the Petition
and/or Staff Back-Up and/or related documents and it is "unavailable for review", even though
the Notice would otherwise indicate to the contrary. Accordingly, not only Reserve Homes, but
all interested parties within the development and general public, have been unable to review the
~
Guns!er. Yoaklev..M!~~~1
Bloward Financiâí tãntrê :~'fasl Broward Boulevard, Suite 1400· Fort laudørdøle. fL33394.J076 . (9541462·2000 . FÞ: 19541523·1722· .............gU01te1.com
fORT LAUDERDALE. MIAMI' PALM BEACH' STUART' VEAO BEACH' WEST PALM BEACH
Petition "file" and/or proposed Action, let alone have sufficient time to make comments. It is
noted the purported area affected consists of approximately 2,680 acres and multiple affected
property owners. ~,in the event that the County has communicated with either the Treasure
Coast Regiona1 Planning Council (TCRPC) and the Department of Community Affairs (DCA)
and/or received any comment, the Còunty has not made that infonnation, communication or
. documents available to Reserve Homes, notwithstanding its request.
The actions of the County are now causing irreparable harm and injury to Reserve
Homes. The lack of procedural due process and failure to follow the basic essential requirements
of law are reâdily apparent. Any action taken by the County and pursuant to the purported
"Notice" on October 3, 2006 detrimental to Reserve Homes and/or inconsistent with
Development OrderlResolution No. 04-081·would be invalid based on the lack of appropriate
notice/procedural due process and the failure of the County to follow the essential requirements
oflaw. Additionally, the proposed Action is inconsistent with Fla. Stat. Ch. 380 and/or 166.
Further, as noted above, the purported procedure and/or action generally described in the Notice,
although unspecific, is "ultra vires" and not within the jurisdiction or authority of the County.
Based on the foregoing, we respectfully request the County to cancel the "Noticed" October 3,
2006 Agenda Re: The Reserve.
Very truly yours,
1)J~
William S. Spencer
cc: Terry Lewis, Esq.
Bob Nix,·Growth Management Director
John Csapo; Kolter Communities; Reserve Homes Ltd.
H. Perry, Gunster Yoakley
G. Schwinghammer, Gunster Yoakley
Gunster, Yoakley & Stewart, P.A.
ATTORNBYSATLAW " .
FTL 3 11229. I
BOARD OF
COUNTY
COMMISSIONERS
GROWTH
MANAGEMENT
September 8,2006
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Mr. John C. Csapo
President, Land Division
Kolter Property Company
1601' Fo,rum Place, Suite 805
West Palm Beach, Florida 33401
RE: Reserve DR!
Dear Mr: Csapo:
This letter is written to inform, you of certain actions taken by the Board of County
Commissioners of St. Lude County, Florida (the "Board"). Those actions are:
. On February 21, 2006, the Board determined that Kolter was not in compliance with
the adopted comprehensive plan of the County, the unamended development order and
the latest NOPC because the minimum required 490 acres of native upland habitat is
not adequately protected as required by the development order or the NOPC. In
'addition, based on information provided by the Treasure Coast Regional Planning
Council, the Board further determined that Kolter was not in compliance with
provisions of the development order and NOPCrequiring recreational sites for school
age children as well as certain traffic related issues
. On August 15, 2006, the Board too.k the following actions:
1. Directed staff to send a letter to Kolter indicating that the County expects
Kolter to completely resolve all of the compliance issues outlined in the
memorandum on or before September 22, 2006.
2. Directed staff to advertise a public hearing on October 3,2006 at 6:00 p.m. or
as soon thereafter as the item may be heard to consider rescinding or amending
Resolution No. 04-081.
JOSEPH E. SMITH. Dlsrrlcr No.1. DOUG COWARD, Dlsrrlcr No.2. PAULA A. LEWIS. Dlsrrict No..:J . FRANNIE HUTCHINSON. Dlsrricr NO.4· CHRIS C!\AFT. Ollrrlcr No. S
County Admlnisrroror . Douglos M. Anderson
2.300 Virginia Avenue · Fort Pierce. FL 34982-5652 '
Administrotion: (772) 462-1590 . Plonning: (772) 462-2822 · GISlTechnicol Services: (772) 462-155J
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-2132
www.co.st-Iucie.fl.us
Mr. John C. Csapo
September 8, 2006
Page 2
3. Directed the County Attorney to begin preparing the necessary legal documents
to initiate legal action against Kolter in the event compliance is not achieved by
September 22, 2006.
4. Directed the Growth Management Director to draft a letter to the State of
Florida, Department of Community Affairs (DCA) requesting that DCA is~ue a
notice of violation to Kolter and to transmit the letter request to the Florida
DCA on September 23,2006 if Kolter fails to comply.
5. Directed the Growth Management Director to contact the DCA and request the
DCA to provide the County with technical assistance concerning the potential
violation.
If you have any questions, please let me know.
Sincerely,
íJ rt tI+
Bob Nix, AICP, Director
Growth Management
leaf
Copy to:
Board of County Commissioners
County Administrator
Assistant County Administrator-Outlaw
County Attorney
BOARD OF
COUNTY
COMMISSIONERS
GROWTH
MANAGEMENT
September 8, 2006
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Corporation Service Company
1201 Hays Street
Tallahassee, Florida 32301-2525
RE: Reserve DRI, Kolter Property Development, LLC, and Affiliates and Subsidiaries
involved in The Reserve Development of Regional Impact
Dear Sir or Madam:
This letter is written to inform you of certain actions taken by the Board of County
Commissioners of St. Lucie County, Florida (fhe "Board"). Those' actions are:
. On February 21, 2006, the Board determined that Kolter was not in compliance with
th~ adopted comprehensive plan of the County, the unamended develoþment order and
the latest NOPC because the minimum required 490 acres of native upland habitat is
not adequately protected as required by the development order or the NOPC. In
addition, based on information provided by the Treasure Coast Regional Planning
Council, the Board further determined that Kol~er was not in compliance with
provisions of the development order and NOPC requiring recreational sites for school
age children as well as certain traffic related issues
. On August 15, 2006, the Board took the following actions:
1. Directed staff to send a letter to Kolter indicating that the County expects
Kolter to completely resolve all of the compliance issues outlined in the
memorandum on or before September 22, 2006.
2. Directed staff to advertise a public hearing on October 3, 2006 at 6:00 p.m. or
as soon thereafter as the item may be heard to consider rescinding or amending
Resolution No. 04-081.
JOSEPH E. SMITH. Disrrlcr No.1. DOUG COWARD. Disrricr No.2. PAULA A. LEWIS, Disrrlcr No.:) . FRANNIE HUTCHINSON, Dlsrricr No.4 ..CHRIS.CRAFT. Dlstricr No.5
Counly Adminisrrorof . Douglos M. Anderson - .
2-300 Virginio Avenue · Forr Pierce. FL 34982-5652
Administration: (772) 462-1590 . Plonning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fox: (772) 462-2102
www.co.st-Iucië.fl.us
-
Mr. John C. Csapo
September 8, 2006
Page 2
3. Directed the County Attorney to begin preparing the necessary legal documents
to initiate legal action against Kolter in the event compliance is not achieved by
September 22, 2006.
,
4. Directed the Growth Management Director to draft a letter to the State of
Florida, Department of Community Affairs (DCA) requesting that DCA issue a
notice of violation to Kolter and to transmit the letter request to the Florida
DCA on September 23, 2006 if Kolter fails to. comply.
5. Directed the Growth Management Director to contact the DCA and request the
DCA to provide the County with technical assistance concerning the potential
violation.
If you have any questions, please let me know.
Sincerely,
g, rt 1-+
Bob Nix, A/CP, Director
Growth Management
/caf
Copy to:
Board of County Commissioners
County Administrator
Assistant County Administrator-Outlaw
County Attorney
John Csapo, Manager/Member, Kolter Property Development, LLC
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
PUBUC HEARING AGENDA
OCTOBER 3, 2006
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BOARD OF
COUNTY
COMMISSIONERS
GROWTH
MANAGEMENl
October 9,2006
Joe Smith
1800 Anywhere DR.
Anywhere, FL 34982
USA
Notice is hereby given that in accordance with applicable law, the St. Lucie County Board of County Commissioners intends to
consider whether to amend or rescind Resolution No. 04-081 pertaiiÜng to the Final Development Order for the Development of
Regional Impact known as The Reserve. County staff is recommending that the Board adopt Resolution No. 06-316, which, if
adopted, would correct factual inaccuracies in Resolution No. 04-081 and adopt corrective language suggested by the Treasure
Coast Regional Planning Council pertaining to issues that include native upland habitat prote<::tion, recreational amenities,
wetland protection and destruction, traffic monitoring, and master plan mapping. The Board may consider other issues pertaining
to the development order, including but not limited to whether the developer is in compliance with the development order that the
Board may wish to discuss, for the following described property:
Location: Generally on the West side ofInterstate 95 on the north and south sides of Reserve Boulevard,
Bounded on the southwest by the C-24 Canal and on the northwest by Glades Cut-Off Road.
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The public hearing on the petition wül be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, October 24, 2006,
County COmnUssioner's Chambers, St. Lucie County AdnúnistraJion Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida.
All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public
hearing will also be considered. The County Planning Division should receive written comments to the Board of County
Commissioners at least 3 days prior to a scheduled hearing.
County policy strongly encourages your input and comment at public hearing of this matter before the County Commission, rather than
by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written
comments for the record.
The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility.
The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made
by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record
of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals
testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any
individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772)
462-2822 if you have any questions.
Sincerely,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Doug Coward, Chairman
JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTCHINSON, District No.4
. CHRIS CRAFT, District No.5
County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fI.us
2300 Virginia Avenue - Fort Pierce, FL. 34982-5652
Administration: (772) 462-1590 Planning: (772) 462-2822 GISfTechnical Services: (772) 462-2822 FAX: (772) 462-1581
Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132
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BOARD OF
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COMMISSIONERS
~=r.~'~' l:1 E '~.' ':.-" .'.
COUNTY " ~:,
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F LOR I D A' ~ -, .--,
GROWTH
MANAGEMENT
October 11, 2006
Corporation Service Company
120 I Hayes Street
Tallahassee, Florida 32301-2525
7004 2890 0003 9383 2404
CERTIFIED MAIL
Subject: Reserve Development of Regional Impact, Kolter Property Development LLC, and
Affiliates and Subsidiaries involved in The Reserve Development of Regional Impact
Dear Sir or Madam:
As a follow up to my letter of September 8, 2006, I am writing this letter to inform you that the
Board of County Commissioners ofSt. Lucie County, Florida (the "Board") directed staff to
advertise a public hearing to be held on October 24, 2006; at 6:00 PM or as soon thereafter as the
item may be heard, in the County Commission Chambers on the third floor of the St. Lucie
County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The purpose of the
public hearing is to consider whether to amend or rescind Resolution No. 04-081 pertaining to the
Development of Regional Impact known as The Reserve. County staff is recommending that the
Board adopt draft Resolution No. 06-316. A copy of draft Resolution 06-316 is enclosed. If
adopted, Resolution No. 06-316 would correct factual inaccuracies in Resolution No. 04-081 and
add corrective language suggested by the Treasure Coast Regional Planning Council pertaining to
issues that include native upland habitat protectìon, recreational amenities, wetland protection and
destruction, traffic monitoring and master plan mapping. The Board may consider other issues
pertaining to the development order that the Board may wish to discuss, including but not limited
to whether the developer is in compliance with the final development order. A copy of the
September 20, 2006 e-mail from Mr. Busha, Executive Director of the Treasure Coast Regional
Planning Council, is also enclosed.
Please let me know if you would like to meet to discuss these issues.
Sincerely,
í3 (~ #-7-
Bob Nix, AICP, Director
Growth Management
leaf
cf: Board of County Commissioners
County Administrator
Assistant County Administrator - Outlaw
County Attorney
JOSEPH E. SMITH, D,strrCT NO.1' DOUG CO\)/ArìD, DI5rrler No 2 . PAUL/, A LeWIS. Dlsrrlcr No. :! . mANfJlE HUTCHINSON, Dlsrrlct No 4 . CHP-IS CP-AFT, Dlsrrier No.5
County AdlnHì!sJroror . ['ou(;:410S M. Andf.?fson
2300 Virginia Avenue · Forr Pierce, FL .34982-5652
Administrarion: (772) 462-1590 · Plonning: (772) 462-2822 · GiS/Technical Services: (772) 462-1553
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Developmenr: (772) 4621529 · Fox (772) 462-2132
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CERTIFIED MAILTM RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
Postage $
Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $
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COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mail piece,
or on the front if space permits.
1. Miele Addressed to:
Corporation Service Company
1201 Hayes Street
Tallahassee, Florida
32301-2525
A. Signature
o Agent
o Addressee
8. Received by ( Printed Name) I C. Date of Delivery
D. Is delivery address different from Item 1? 0 Yes
If YES. enter delivery address below: 0 No
x
3. Service Type
I] Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. Micle Number
(Transfer from service labeQ
PS Form 3811, February 2004
Domestic Return Receipt
1 0259~2-M-1540
ßOARD OF
COUNTY
COMMISSIONERS
~=J: ~eJ'e I E~-" ,,' . ........
COUNTY "~.._,
FLORIDA -"""
GROWTH
MANAGEMENT
'--
October 11, 2006
7004 2890 0003 9383 2428
CERTIFIED MAIL
PGA of America
8555 Commerce Centre Drive
Fort Pierce, Florida 34986
Subject: Reserve Development of Regional Impact, Kolter Property Development LLC, and
Affiliates and Subsidiaries involved in The Reserve Development of Regional Impact
Dear Sir or Madam:
As a follow up to my letter of September 8, 2006, I am writing this letter to inform you that the
Board of County Commissioners of St. Lucie County, Florida (the "Board") directed staff to
advertise a public hearing to be held on October 24,2006, at 6:00 PM or as soon thereafter as the
item may be heard, in the County Commission Chambers on the third floor of the St. Lucie
County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The purpose of the
public hearing is to consider whether to amend or rescind Resolution No. 04-081 pertaining to the
Development of Regional Impact known as The Reserve. County staff is recommending that the
Board adopt draft Resolution No. 06-316. A copy of draft Resolution 06-316 is enclosed. If
adopted, Resolution No. 06-316 would correct factual inaccuracies in Resolution No. 04-081 and
add corrective language suggested by the Treasure Coast Regional Planning Council pertaining to
issues that include native upland habitat protection, recreational amenities, wetland protection and
destruction, traffic monitoring and master plan mapping. The Board may consider other issues
pertaining to the development order that the Board may wish to discuss, including but not limited
to whether the developer is in compliance with the final development order. A copy of the
September 20,2006 e-mail from Mr. Busha, Executive Director of the Treasure Coast Regional
Planning Council, is also enclosed.
Please let me know if you would like to meet to discuss these issues.
Sincerely,
B{.~ ¡/:¡
Bob Nix, AICP, Director
Growth Management
leaf
ef: Board of County Commissioners
County Administrator
Assistant County Administrator - Outlaw
County Attorney
JOSEPH E SMITH, Districr No 1 . DOUG COWAI\D. Dlsrrlcr No. '2 . PAULA ". LEWIS, District No. J . FRAr'NIE HlJ1CHINSON, D,srrict NO.4. CHr.IS Cr.AFT. District No 5
(OUI"1ìy Administrator - Doug!as M. ,Anderson
2JOO Virginia Avenue · Fort Pierce, FL J4982-5652
Administration: (772) 462- '1590 · Planning: (772) 462-2622 · GIS/Technicol SeNices: (772) 462-155J
Economic Development: (ì72) 462-1550 · Fox: (772) 462-1581
Tourist Development: (772) 462-1529 . Fox: (772) 462-21J2
wVvw.co,st,lucie.fl. us
. . .
.
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
PGA of America
8555 Commerce Centre Drive
Fort Pierce, Florida 34986
COMPLETE THIS SECTION ON DELIVERY
A. Signature
o Agent
o Addressee
B. Received by ( Printed Name) I C. Date of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
x
3. Service Type
j] Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Del/very? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
Domestic Ret
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(Endorsement Required)
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PGA of Americ~__.__________.__________......___.._________.._.._
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ßOARD OF
COUNTY
COMMISSIONERS
~=r:' .~eJ·t:·1 E . .~. "
COUNTY ~.
F LOR I D A '-,,- '
GROWTH
MANAGEMENT
October 11, 2006
--7004 2890 0003 9383 2411
CERTIFIED MAIL
Mr. John Csapo
President, Land Division
Kolter Property Company
l601 Forum Place, Suite 805
West Palm Beach, Florida 33401
Subject: Reserve Development of Regional Impact
Dear Mr. Csapo:
As a follow up to my letter of September 8, 2006, I am writing this letter to inform you that the
Board of County Commissioners of S1. Lucie County, Florida (the "Board") directed staff to
advertise a public hearing to be held on October 24, 2006, at 6:00 PM or as soon thereafter as the
item may be heard, in the County Commission Chambers on the third floor of the S1. Lucie
County Administration Annex, 2300Virginia Avenue, Fort Pierce, Florida. The purpose of the
public hearing is to consider whether to amend or rescind Resolution No. 04-081 pertaining to the
Development of Regional Impact known as The Reserve. County staff is recommending that the
Board adopt draft Resolution No. 06-316. A copy of draft Resolution 06-316 is enclosed. If
adopted, Resolution No. 06-316 would correct factual inaccuracies in Resolution No. 04-081 and
add corrective language suggested by the Treasure Coast Regional Planning Council pertaining to
issues that include native upland habitat protection, recreational amenities, wetland protection and
destruction, traffic monitoring and master plan mapping. The Board may consider other issues
pertaining to the development order that the Board may wish to discuss, including but not limited
to whether the developer is in compliance with the final development order. A copy of the
September 20, 2006 e-mail from Mr. Busha, Executive Director of the Treasure Coast Regional
Planning Council, is also enclosed.
Please let me know if you would like to meet to discuss these issues.
Sincerely,
.C"? ß I·
!Jr1- ~-f
Bob Nix, AICP, Director
Growth Management
leaf
cf: Board of County Commissioners
County Administrator
Assistant County Administrator - Outlaw
County Attorney
JOSEPH E. SMITH. District No.1. DOUG COWARD. District No.2· P,\ULA A. LEWIS. District No. J . mANI"¡IE HUTCHINSON. DistricT No.4. CHP.IS CRAFT. DistriCT No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue · Fort Pierce, FL .34982-5652
Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISrrechnical Services: (772) 462-1553
Economic Development (772) 462-1550 · Fox: (772) 462-1581
Tourist Developmellt: (772) 462-1529 · Fox: (772) 462-2132
www.co.st-Iucie.fl.us
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10/63/2006 12:18 7722214057
TC REGIONAL PLANNING
PAGE 01
TREASURE COAST REGIONAL PLANNING COUNCIL
301 EAST OCEAN BOULEVARD
SUITE 300
STUART, FLORIDA 34994
PHONE: 772-221-4060
FAX: 772-221-4067
FAX TRANSMISSION
Date: /0/3/0b
Fax Number: ,772- '/(,2-2131
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Number of Pages (including cover sheet): 31
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lB/B3/2005 12:20 7722214057
TC REGIONAL PLANNING
PAGE 01
TREASURE COAST REGIONAL PLANNING COUNCIL
301 EAST OCEAN BOULEVARD
SUITE 300
STUART, FLORIDA 34994
PHONE: 772-221-4060
FAX: 772-221-4067
FAX TRANSMISSION
Date: IO/3/0G
Fax Number: ·772 - L/(, 2-2/3 /
Number of Pages (including cover sheet): 31
Operator:
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To:
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From:
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Comments:
10/03/2005 12:20
7722214057
TC REGIONAL PLANNING
PAGE 02
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MEMORANDUM
To:
Dan McIntyre, SLC Attorney
Terry Lev"is, ESqUire, . f)
Michael J. Busha, Executive Director' i~
September 29, 2006
From:
Date:
Subject:
Rese-rve Development of Regional Impact - Notice of Proposed Change
Please fInd a collection of materials from Council files clearly demonstrating that
Council: 1) never received a complete NOPC a.pplication for the Reserve DR!; 2) never
completed its review of this NOPC; and 3) never communicated to the City or the County
that it had no comments on the NOPC or that it had completed its review and determined
the proposed changes would not create significant regional impacts.. The documents also
clearly show that the developer extended NOPC review time frames, but that Council was
never notified that the extended review period was over and to provide its final comments
to local government.
. The materials are put together as series of exhibits with a short explanation of what each
exhibit contains and in tlstrates. These exhibits are provided for your information. Most
importantly COUJ.lcil finds no evidence in its files (e.g. correspondence, phone log
entrìes notes, memorandums, etc.) that it commurucated to the City or County, that
Council had completed its review, had no comments, or concluded that the proposed
changes to the Reserve DO would not create significant regional impacts. Equally
important is that neither the City no.r the County is able to produce any paperwork to
suggest anything to the contrary.
"Bringing CommllTlitil!s Together" · l.tt. 1976
301 Ea., O.(~II lIcul.v;I.11 . S"i.e JOO . !;,".'t. Florid. j4994
Phone (7;2) 221.4060 " SC 269..1060 . 1'.. (772) 221·4067 . E-m~¡1 . admioíø\"rcc orl:
10/03/20136 12:20
77222141357
TC REGIONAL PLANNING
PAGE 03
Exhibit A
An Exchange of Correspondence and Bmails Confirming the Reserve's Request to
Extend NOPC Review Time Frames and the City of Port St. Lucie's Request to Defer
Action on the NOPC Until the Related Land Use Amendments Have Been Reviewed By
DCA.
Notes: This series of c.orrespondence clearly confirms the developer's extension of
review time frames related to the NOPC. Council was never notified by the
applicant, the City or the County that the extended re-view period was over and to
conclude its review of the NOPC and provide final comments. As such,
Council's review of the NOPC was never completed. Nothing was communicated
to the City or County regarding Council comments on the NOPC. Most peculiar
is a December 6, 2004 City Council Agenda Item from fonner city planner,
Enrique Betancourt, regarding the NOPC. The item contains a statement tha.t
TCRPC staff indicated it had no comments on the NOPC. There is notlùng in the
City's or Council's files to suggest Council staff ever cornmulÚcated this to the
City. . What makes this even more UD.USUal is that in October 2004, Council staff
provided comments to the City related to the land use amendment required for tbe
NOPC. In those comments Council indicated it had significant concern the
project was not in compliance with the Reserve DRI-DO Condition, 15 regarding
the 490 acres of upland preservation. In the end, the only indication or
communication Council received that the NOPC review period had concluded
was a February 5, 2005 letter from the City, transmitting the amended DO based
on the proposed changes requested in the NOPC. Consistent with Section 380.07,
Council will begin its 45-day review of the Development Orders once both local
governments \VÌth jurisdiction have rendered the DOs and DCA officially
transmits them to Council for review.
10/03/2005 12:20
7722214057
TC REGIONAL PLANNING
PAGE 04
--'-r--'-' .---~---...-.~ -'---"'-p"~
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[i!õiiYPiiœ:'~E Íl1~~";~ 'I ~use AfI}eñdm8.nt
from:
To:
Pate;
SUbJ9Ct:
"Scott Morton" <smorton~kollerprop.com> I
<OltlhefllkyD@GTLAW.com~, <STEVEB@cltycf !.cQm>
9/24'03 3:52PM
RoE: The Relêrve NOPC. Land Use Amendment
debb[e, .
don't nold up the city eO\Jnci! schaòule we will be at 1M meeting to a $Wer
any qU9$tions telated to the d. O. land I.Il e changes ~"d steve or rog r COUld
address any o{the 1991ll1 queatlO1'ls to courn:iI
-..Original Mltssage--- .
From: OrshefstyD@GTLAW.com (rnøllto:Orahe1skyD@GTI.A.W,co
Sent: Wednesday, Sêþtember 24, 2003 3:00 PM
Ta. STEVEB@Cltyofp~l.eom .
Cc: HollyP@C11Y0fpsl.com; smorton@kolterprop,oom.
Subject: RE: The Reserve NOpe, Land Uae Amendment
Steve, I em goIng to ~ ðN.Y on vacation on November 24. could W hoJd the
transmittal heaMng 81 the tirat CIty Counclf meeting In 'November or e
first meeting h.,:Decemb"r? DebbiCl
-..Origlnal Mêuøge---.
From: Steve a_II (mBilto:STEVEB@ç~yofpsl,ccmJ
Sent Wednesday, September 24, 2003 2:49 PM
To: Orshefsky, 'Debbie (Shld-FTL·er'lv)
Cc: Holly Price.
Subject; RE: ne Reaerve NOpe, L.anCl Ulle AmQndmenl
Land use hearIngs would be Nov.3rd P&% Board. Nov. 24th City Co nell fDr
the transmittal hearing. The NOPC wlU þ. h&srd In conjunction witl'l e
1Inal plan adop~Qn to be $ChedIJled upon return of the ORC report fT m
PCA atter the riew year, probably In early March.
>::>~ <Orlhefsk)'D@GTLAW.com> Oe/2~03 Q2A4PM »>
We ¡¡¡re happy fp waive the time frames in 183/380 and go to Novem
will gel you a I~er 10 that erfect. Please let me know whet the date
in Novemþer will be 50 I can tie the letter to thOse specific dateB.
Thanks
--Original Melseage---
From: Steve Sill [mallto;STEVE8@cltyofpsl.cot11)
Sent: Tuesday, September 2.3, 2003 8:~1 AM
To: o rshØfaky , bebbie (Shld~FTL·En'V); amorton~kolterprop.oom;
gboggs@lucidodeslgn.çom
Co: Holly Price ·
SUb)9Ct: The Reserve NOPC, L.and Use Amondmenl
~
This project .",111 need to follow a bit dIfferent process route because
it i5 both a change to the ORI and a lane! U5e change, The DRI need to
De cons/aten! wIth the land U~ change. T/'IereforQ, we will transmit
the. .
lamt 1,)5e {lênt~¡ ve ach~ule Ie Nov, P&Z, end (;If NQV. CC) and hold he
NOI=IC changea to the DRll.lntillhe land uea oomes b:ack from DCA
,
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10/03/2005 12:20
ï722214057
. TC REGIONAL PLANNIt'-JG
PAGE 05
,
~IIY ÞrlCé'~ RY11ïeR~N9~. u"^mendme~~__._"
r-----··--
.-e .-..-.--... -
.[ PRq~~ I
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(estimated to b~ end of Jan.) Thên we will adopt final land use
approval ,
with final DO fqr NOPC probably in February sometime. Slltutc!~ re ulre
us to ecl 01'\ the NOPC wrthin 90 d3YS. Therefor~, we are naqueiting
letter from you ~atll"tg this schedule is OK and te defer Qur action Qn¡
the NOPC unW: such time ~he ISl1d use has been revIewed by DCA. P.leB&e
subm It such le~er to Ol.lf office In order to ctl!lYOf1 the schedule for
NOv. P&Z othe~¡Øê we willl'lot scheClule 1t. Thanks
cc:
<HoUyP@cltyofpsl.oom>
-,
10/03/2005 12:20
7722214057
S&~i by: ~AEEN8E~C; T?AUñlß
e
CIIb b' t M Q ' icfl h>y
1~~')16Ø.m~ i
lI,'~h.l'!lkyd1,atl.v;.t\) r,
VIA F'ACSWILF.
Mr. Steven a al1
P¡lUUling &. ~Olltng D~pa.T1:m01l
f..J1}' of PM $1. L¡¡cie
121 S:W, Pdtt St, tu~e Bou1evard
Por; St. Luc~e, FL 34984
TC REGIOt~AL PLAt~t~IHG
954 765 H77¡
!Oe/a~:e5ÞMj~ #3íQi~.;B 2~3
~~ff~~f~~
..1"C~~I''I', 0\" LI..
l~~~~lu
Mr. Þonnis M hy
CommuIÚty D volopment Dir¡;ctor
St Lueie Cou y
2300 Virginia ve
Pon Pierc~, FL 34922
Re: Tbc Re.serve DR} - Nodfi<:atiQn Df PropO$~d ChnQge ud Lmd Use PI¡m
Amt'ndmellt
i
Dr:ax- Strve aJ¡d Dwmis:
.
OX) August 22, 2003 Rc~rve HOIl1es :rueò tb.e a.b¡;;ve rcf~ enc=d requ.est fQ]' arrlcndmcnts
t~ The Retl-=¡"vè DRl and a La.ru:1 VIe .Plsn AmendIn~nt to (he Ci of PorI St. Lucie: Future- Land
U~~ Map, Punuam 10 SectiQ~ 380.06(6)(b) Floricia Statutes, the locaJ ~o\'ernment was to
a.d\ ttti¡;t" a pl.jb!ic !le1rin,g 011 thÜ transmittal of the Lahe! Use Pl Amendmer¡r withi¡¡ thirty (30)
da:'s of fiHng¡ 'l'Id m.ake a deterrni."1atioD on traJuimitlAl within aix . (60) days of cht! initial jilit¡g,
unless tral titTle is ~tendcd b)' th= developer. On be/alf of seI\le Homes, w~ an hert:by
e).:!~nding thœe- tiíncthme~ to comport with 1he s¡;hedule s:t fa in'the enc:lo$cd le'Mr from
H~~lly Pricr: dtted October 2, 2003. Likewise, we are hereby ext tldin.g th= tíme~~::: provided
h:¡ Section 3S0,06(l9)(i) to allow for ìmplem~n.ta.ticn of the se dut~ 'et fönh in Ms. Pric~'s
cndo.ged 1trtc!~.
We lo4k [orYs'<U'd to addressing these m:¡'t:~rs with Y01I as ~ Pðdltiously as possibli:,
-..7
D~IO./ .:m
Erl\'lo¡;~re
ceo Mr. JiI:1 Sbcll:r
Mi', Joho C,;spo
Mr. .:scutt Mortor.
Mr. K~n ~('lc"lf
-)
/
I'
,/
,"Ul~Þ¡n~ Ï'IIA ~Ir., p,"',
: rl)~1' Ol'yn~ COX 14U36 ~\~llt L~''''~~l101, .J, P'l"~ Ib.\ !3~~
4.1. '-,IS,. r,.~ ¢, \~ l!"".¡,f\·'~\1 ~un 2~oÐ ~'cn I.hl1~t~~~ .r.. """'~II A ~no 954.i~S.(I 00 .'¡.x %~"7t::.1 '177 ...1.... ~'I lw,~~'"
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[".,.....l\I:.i...n. i'""),,. rA,¡.\",u~\: i'~'HI~F Cnn\'~" ~¡I" ~c:ru1l', lJ c: "~'T 'T.W ~""'If W""M:VIiT('.v Ztlli(l:
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PAGE 05
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10/03/2006 12:20
7722214067
SEP-22-06 le:3~ AM
RIVERGATE ~ENTAL CROUP
TC REGIONAL PLANNING
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.CITY OF PORi ST. LUCIE
~PLANNIN(3 & ZONINQ DeÞARTMENT
121 S.W. Port St. l.ucle Blvd.
.port St. lucie, Flond. 34g84-50g9
(772) 671-5212
.(77;2) 871-51204 Fax
~61 335 7811
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PAGE 07
P.02
Oc.:lorX'r 2. :!oOJ
Dt:hhil' M. (1rsllcf...¡ky
(jr~:cnh~ri TI'i1urig. P.A.
401 E. ¡ .as OJq~ Boulcvard, Suit,· 2000
Ft. Liludcrdfllc; J:L 33301
RE: The Hl:setvc - Ld..tId Use Plan
Amt:ndrm:nt :it,d Nope
Dear M:s. Ol'shef.~ky:
As prs:viously discus."I!'d, we wiH naed to send the Land Use PI Amendmt;'n! 10 the Dcpartmerit
ofComml.ln.;ty Affair$ bcfQrt: w~ 5cbeduh: the meeting!: for the eserve NOPC. The schedule for
the mo~'ing~ fo~ the: L.and Use Pl.a!1 Amend?ïcmt and the NOPC i as foIlow5:
December J, 2003 P&.l Board La.nd US~ Plan Am
Jummry"12, 2004
Cn)' Council Land U~ Plan Amo òmc:n1 (Tml1~mjttal Huaring)
w~ will $cl~du~~ othl:T me~licgs with the Planning and Zoning ¡e.rd and City Council aJicr W~
have obtaÎ.necl comn1erns fÌ'om th~ Dcpanmcnt ofCommunny A airs. We 1enl~ltivc:ly expect to
schedule the mcelings as foHows:
April 5. f004 P&Z Board NOPC
April 26~ 2004
City Council NOPC and
Land Use PlsJ1 Arne dmcnt (Pinal Hearing)
If,,oll h¡ \I~ aJ IY questions or comrn:nts, 1 may ~ reached at (772 871-5282.
Si.I1C~~
..#::e(j~/ ~
-/1' /..::c~_
H11JJ)1 Prj¡,:C"
"c:
S,,'\ Il! M01'lO!'l, Kn!Lcr Property Company
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10/03/2006 12:20
7722214057
TC REGIONAL PLANNING
PAGE l?J8
TREASURE COAST REGIONAL PLANNING COUNCIL
'MEMORANDUM
To:
Council Members
AGENDA ITEM 5K
Prom: Staff
Date: October 15,2004 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendment to the City of Port St. Lucie Comprehensive Plan
DCA Reference No. 04-Dl
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that. Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
Jaw, . the Department of Community Affairs (DCA) prepares an Objections,
Reconunendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planning cOUDcil, an affected
person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests DCA to prepa.re an ORC Report, then Council must provide DCA
with its own objections, recommendations for modification, and comments 0'0 the
proposed amendment within 30 days of its receipt.
Backg.round
The City of Port 81. Lucie has prop·osed one amendment to the Future Land Use Ma.p
(PLUM) of the City comprehensive plan. The City has requested that the amendment be
formally revicwed.
Evaluation
The property that is subject to the proposed amendment is located on the west side ofI-95
just south of where 1-95 crosses Glades Cut~OffRoad. The property is located both north
and south of Commerce Center Drive (see attached maps). The property is the northern
most portion of the Reserve Development of Regional Impact (DRl). Most of tbe
Reserve DR! (originally 2,690 acres) lies in unincorporated St. Lucie County.
Approximately 238 acres are Vvithin the City of Port St. Lucit: including the 162.9 acres
in the subject amendment.
1Ø/Ø3/2005 12:20
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PAGE 09
Prior to 1995, the PLUM designation on the subject property ",..as Rea'v)' Industrial (HI).
In 1995, the City approved a FL'UM amendment redesignating various portions of the
property to General Commercial (CG), Institutional (I), and Light Industrial (LI) for
future development of residential units, an assisted care and living facility, a nursing
horne, and medical office spa.ce. However, this development did not occur.
The current FLUM designations in the City portion of the DRl are as follows:
86.4 acres General Commercial
51.2 acres Institutional
33.3 acres Light Industrial
58.1 acres Heavy Industrial
The proposed designations are as follows:
54.3 acres Low Density Residential (RL)
101.8 acres Open Space Recreational (OSR)
6.8 acres Right-of-Way
8.0 acres Light Industrial
58.1 acres Heavy IndustriaJ
The actual PLUM amendment applies to 162.9 acres of the entire property. A total of
101.8 acres (north of Commerce Center Drive) will be assigned a FLUM of OSR, and
54.3 acres (south of Commerce Center Drive) will be assigned a FLUM designation of
RL.
The amendment property is currently vacant but is designated a.s an upland preserve area
pursuant to a DR! development order condition. The proposed use for the northern
portion (101.8 acres) of the property ìs for "Dream Park South" or "Basebal1 World," a
complex that would include baseball fields, multi-purpose fields, a. welcome center, youth
dorms, cafeteria, offices, and related facilities. It is to be a year-round camp, training
facility, and tournament site for pre-teen and teenagers. The proposed use for the .
southern portion (54.3 acres) of the property is an additiona127l single-family residentia.l
dwelling units adjacent to the Reserv'e Planned Unit Development (PUD).
Surrounding land uses are agricultural to the north and west and residential to the south
and across 1-95 to the east. Surrounding FLUM designations are Agricultural (AG-2.5) .
to the north and west, Residential Single Family (RS-2) to the east, and Residential Low
Density (RL) to the south. ,.)
The City indicates that the 101.8 acres to the north of Corrunerce Center Drive is
proposed to be dedicated to the City and the applicant is preparing an application for a
Notice of Proposed Change to the DR! development order.
The subject property is part of the 490 acres required to be preserved as native upland
habitat as a condition of tbe DRl. The City indicates that the upland habitat in this area
is of "good quality", but no environmental assessment has been prepared as part of this
amendment. The City indicates that the Montage (formerly known as PGA Village) DRI
10/03/2005 12:20
7722214B57
TC REGIONAL PLANNING
deve1opmentorder allows the western perimeter buffer to be 'Used for off-site mitigation
by the Reserve. However, the City ack.'1owledges that additional mitigation will be
needed. The City indicat~s that the proposed DR! amendment \VÎ1l further define the
potential impacts on any threatened or endangered species.
The City supports and considers the proposed amendmen.t consistent with the City plan
and with the adjacent Reserve development. In response to the loss of land available for
commercial. industrialJ and office uses, the City incticates that 388 acres are available at
the nearby LTC Ranch Industrial Park for development of this nature. The City indicates
that the area to be designated as OSR will provide a. type of fami1y-oriented commerce
that will be complementary to local businesses.
Extraiurisdictional Impacts
Requests for comments letters were sent to St. Lucie County and the 81. Lucie Urban
Area Metropolitan Planning Organization (MPO). A letter, dated October 4, 2004, was
received from the 81. Lucie MPO (see attached). Should the area develop as proposed,
tbere would be significant impacts to the Cou.nty and City.
Effects on Significant Regional Resources or Faci1iti~s
Analysis of the proposed amendment iDdicates that it may have adverse effects on
significant regional resources or facilities, namely on upland narnral communities that
provide habitat for endangered and potentially endangered species.
Objections. Recommendations for Modification. aDd Comments
A. Objections
. At\. 5ø <.N~1
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PAGE 10
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1. None
B. Comments
1. The City staff analysis indicates that the ametJ.dment location consists mostly of
pine flatwoods, three lakes, and a. wetland. Part of this area is currently used as an
upland mitigation bank for The Reserve DRl. The native vegetation in this area is
good quality according to the City. ;
The original project review for The Reserve identified approximately 1,960 acres
of upland pine flatwoods on the 2,690-acre project site. Twenty-five percent of
this habitat representing approximately 490 acres was to be preserved pursuant to
the requirements in the development order. The upland preserve areas were to be
protected in a way that provided habita.t for listèd species and upland buffers for
wetlands.
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1e/e3/2005 12:20
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PAGE 11
Prior to approval of the elimination of 8JJY additional native upland habitat on TIle
Reserve DRI, an inventory should be provided to determine if the requirement for
the protection of na.tive upland habitat is in compliance with the devc10pment
order. The clearing of a.dditional native upla..n.d habitat should be approved on1y if
it can be demonstrated that 490 acres of pine flatwoods have been protected by
deed restrictions in accorda.nce with requirements of the development order.
Recommendation
Council should adopt the above comments and approve their transmittal to the
Department of Community Affairs.
Attachment
10/03/2005 12:20
7722214057
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PAGE 12
M rYY1 (!¡' ~
f()3"~'J
~~33
.
n,t,H Of HORID""
DEPARïMENT OF COMMUNI Y AFFAIRS
"Dedicated to making Florida a better plar:~ t C2!! homc·
¡U ~l!~H
c,WG'r¡nl
Nove1nbc:r 12,2004
11je I 10!ìC\f<1ble Rnb~rt E. MiD$K)'
MaYN, City of Port St. Lucie
121 S.W. p"rt St. I;uci~ Bo'Ulc\'I?;,d
Por! S1. L.ucie, Florida 34984
Dear Ma)'or Minsky:
HIAtmlU¡ L. COlliN, AlA
~wezary
]F?JE CJE WIElD)
NOV 2 S 2004
ÞIl:lnM!l'1ø Oepartrn~l'1t
City Of pert St l.J.de., A.
The D~parttnent ofComnl'unhy A.&fairs has completed its revi w oft~r:. p:J:oposed
Comprehensive PJar. Amendment for ~he City of Port 81. Lucie (DC No. Of-D1), which was
rec~iv~d on Sepü:mbar 17:2004. Copies of the prQPos~d 2rnendment have been distributed to
appropriate stst~1 réBic!'Ui1 and ¡Dca} af~enci~s for their review, and the r oommr:nts Me enclosed.
The Department has revkwed the cornpreh~n5ive pJan.NI1end ent for ç:¡¡msistency with
Rule ~J-S~.Fl01¡da AdmjniStrstivc Code (F.A.C.) ami 'Chapter 163, Pa Il, Florida Statutes (F.S.).
The Department dO::5 nClt identjfy any Objections and thts letter serve as the Objections,
Recomr.1ÐndatioT15 e.nd CeJmments (ORC) .report
."',
\-.
FClr YOUI assistance, we have attach~d procðd1.1rcs for final ad !Jon anQ transmitteJ (If the
carnpre}II:D5ivf', plal1 arnt:ìldmenl. If you have a.'1y qu~sûons, please ca RDger Vhlbum, PrindpaJ
Planner, Clr Jamie Coker, P]anner, at (850) 922-1816.
Sincere))' yours,
~J./¡
Gharlr::s Gauthier, AlCP
Chief, Office of Com pre ensive Planning
c.G/jcs
Enci(11ìu:c!!: R~vïew AgcDCY Comments,·
'l"raT1.SmÍnal Procedures
cc: Ms C11~ry] Fri.e.nd, At:íing Director of Pla.'"lIling and Zoning .
Mr. Mich:!cl B\¡~bt\, F'xecu'tjve Director, Tr~a.~UTe Coast R~gional PJe.Ming CounciJ
~SS5 51IWMI\J;¡D OAK BOULEVARD . TALLAHJ.ssr~ F ORrOA ':¡3~9-;!'OD
r¡")/1~ ¡HD.I1Ðóe4!,1i¡5...~(,ol'!\ 27e.S4&S FAX~ e50.921~07 1¡Svr\com H1.Q7a 1
InIH"e; ;>.ddr~~!: .bJ...uul/ww\AI dca...J,la'
~ln.C'1 11..H C Ij.. ,;11" m!.l1 ('II (ICI
f~~!r r. ..I"-~'" 'OIIc:I."'.t;. ~\I¡I¡¡ J:'
t.~, '.. III"', 1 \ ~I'; 1\1...' ... "
eOI\,\\U"'T)Y P\",¡o,¡~I"'G th\IRc:tN~ W.N4Ç(MIN1
l:J; "o""~ o.~ ~""I"'.'rl n!~ $I,u"",~ 0.1 luolM,d
,.~,hm." H ,¡1 1I- 1~C ;.iI........ II 1:;'¡IIoIIOQ
HOIJ IN~ "CO.I.\IU¡o,¡¡T't PfIlIWP.\\INT
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10/03/2005 12:20 7722214057
DEC 07 2003 12:03PM HP LASERJET 3200
.~. '2/81/2884 12: se Sbl-671-S124
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TC REGIONAL PLANNING
PAGE 13
p.2 >
PPŒ. B5
CITY PCRT ST. UCIE
DATE;
-1h 1$ 1,A)1\..-$ fI t:,.v-t/ ' r~-
. c..,,-v<--L /'7 c."^~' I,
,. ~ To:. toN........ r ...rf-' ?f
Ci1Y of Port 51:. L~~e. . -i-'k, 'f"P"" ","rÍ<. r~"
1'IB<'"'"'& &z~ Dopro<IIDf'1t ~ tu,+L¡ r'-'V"~' 1- -c..d.. h."
It$.~ 'f'l- 0+7
of-
PLANNING & ZONING BOARD -hEETING OF DecEMBER 6, 2004 ? S L.... '
ENRIQUE BETANCOURT. PLANNER CJ ^ -þ, I 5 .
THe RSSER\Æ pEl/S.OPMENt OF REGIONAL IMPACT {DRI} M"'-.-ff-u
NOTIce OF PROPOSED CHANGE (pROJecT NO.PC3-3S2) A Ah
5'tW AMt;MDMENTTO THE œ.va.opMEN'f oRDER I'V:,./
NoveMBER 22, 2004 '1/ '},.'¡/6 r.
Qy.INER/APPlICANT: Reserve HomeaLTD. L.,P.
hpcA TIQti: TI1e property Is IOcsted cllJ'8Ctiy wø9t d ~t') 9S and ~ of
Gt-* Cutaff. '
~.
',.
. TO:
FROM:
RE:
ßIZE: The tcbiI ~ fOr this p-aJsc:t are 2.690. d whiQh ~~mab!ÑY 229.22 acres.
are In ~ a1Y and 2,~18 acre& In the GOUnty. ' '
~ DESCR.1PT10~: ~ ar&idlvl&& 1Q,11,14.,15 and 18, T(!ffJI1IIhiP æ Sautn.
P.srIg& 39 Eøl .
Qf~~lAJtID µse DeSlGNA11ON; The Iaf'Id use d~ ,ations: far me property
bested Yt1fhIn NClty 'ce General ~fJT- o;al (GC), Ught ~ (U)~ ~
([). HeavŸ ~ (HI). and UtIlity (U). .
prooosød l11d Usa ~ Open ~ ~ (OSR) tot 101.77 8Ct'$S
and Low Oen$ft.y ~ (RL) fa' 54.;3 seres. A proposed ~ ~,
~ heS been tnnImilt8å tc DCA. (pœ-sæ) .
, çuRREÑT zoNING; ~ (IN)
, pROJECT BAC~AOUND: The deWJoper originally obtained approval to cons1nJCt
the~~~
4,100 i'Ø$f~ _ hQuaing unitlt
25O-room hotfI(
290, OIX) 9qIJ8t'S fæl of retefI
10/03/2005 12:20
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TC REGIONAL PLANNING
PAGE 14
f·3
nEC Of 2003 12:03PM HP LA5ERJET 3200
.~" U/Ur28e4 12: 58 561-871-51.24
. .......rIII - .,.. ---.,. -
CIrv PtRT. 5T. Ll.CIE
FW£ 8G
.... ,:
100,000 squn feet of office .
1,fDJ. óoo ;quarB iset d jnc:tU8t1S1
¥
faoPOSED I"Ú&.~ TO "£'HE ~f'JPUBlr ORDER:
TI1e nctjca d pC ~ d ð QØ (NOPe) to the approved DR11s to amend the DRI
~OJ'tØ'tDanowtha~~ .
3, 200 r9s1~ tøJ9Ing lrrit1J
25O-t'OOf11 ~ .
290.000 aqusre feet of retSll
,00,1)')0 ~ feet of ~ae
. 5OO,tx)O squø feet d 1ndLJ&trl8I
.4 QOtf cour&*8 wttn ¡¡£C r . Y Þu1Jding1. .
^ ~ve.~ ~ ~ ~ ~Ich ffr/lf incItJdø: be~" and rmJ!öpurpoN
,..,,-. fieIdo, _¥íOII8I;;mcee. _- -. ¡øió~ for 160 9\IhIcI1OS. and
chiJdr'8f'ts team ~ trair1IrG cØsr. .
The oIher ~ ct1IanQ9$ to the DRt ~ ~ includett1e roUoMrG: ~
~cn of ce(t81n ~ ~~ air q.I$Øty SInd ~ imprCNemtlC'ltSto
írdicatø that U1DS8 r::ondftiOr& l'IaVe ÞøfM1 øØti8fie¢ tIiø «IdItIøn of þsngrJØgØ reg&I'tfrG
. upland h8ÞiIIII ~ 10 __ ø<llf oIIø mJII¡jøI!on; 1he ¡! IItiOn rií A moIr'ixlO thO
tiønspor18tkX1 ees:ttcn to eJloW tend \.I8G ~ Tar the ~ ihe·lddìt\on
Of . .o<1<IIticn .."..cdItV ~!ID þ~ of St.1.u:ie ~ ~ .
81d f..e5 aACI.variout.ather roedW8YS ~r'O¥sI1~ å:; and the ed4ftkX'I of 8· cancitkX1
regt¡I d1~ tha !Rbni9s1on tI~ ~.sIiItui rep«t., . .
The ~ oiP Q8. \o.the DAi don nøt~ cay of ttwe aitærÏB listed In . .
~on 380.00(19)(&) FÞ1dI!t ~ WhJc:h woutd ccnstttme a ~
deViStiOC'L TI1e 1o'I~ chSSlgBI ~ 1he~ g-1d ~ afþ øpproved
plan rA,~ and dO no!: ~ the Þuild aU. date. T'he Treasan Cœst .
~I plen!'1WJ ~I st2df haS InãICØted t18t þty dQ not hsYè &(J'f comments an .
the pI~ NOPe.
ßTAFF RE~NM11OJt
The Plæ"J(11ng eepartmer1!: fiI"Ids 1hat "..propoed ct'1IIIn;es wlU not create QddttiCn8l
.~ mpacts on tha ~ø ~ ø ~ jn the area and rec;;ocldnend.$
~! oftt-e propoMd iiU~tQ the ~0R1 ~OrdIr~tg
~ ~ ttø td ~ COI dIU"Ø Þy t1e CitY Sf QinNring eep.runent. priaric 1hts
~1CSttan bø(ng fQt<NaråIid to the CIt)r CøJnCIl. . , . .
10/03/2005 12:20
7722214057
TC REGIONAL PLANNING
PAGE 15
Clrt OF PORT ST. LUCIE
PLANNING & ZONING DEPARTMENT
121 S.W. Port st. Lucie Blvd.
Port St. Lucie, Florida 34984-5099
(772) 871-5212
(772) 871-5124 Fax
v'-
t>-
I=tE>cerVEC
f t 8 :. l' 2005
1ft:,.."': .;:J: ,.', I, ì
P.ECJ OIllj.\,~ r'~A"' ~ING 20UNC"
'Ç, \ .~.
February 17/ 2005
K '0._ "~" ~.. ,.'"
" \ ~~ .~ ...:.::. \. C,'\ ~". ~ ::~t .r-,
'.
,.. . ..
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Mr. Ray Eubanks
Department of Cbmmunity Affa.irs
Resource Planning and Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399~2100
\ ..
~ ,...'
,." .."
.,.:..-- I'
Re: P03-332. The Reserve DR! - Fifth Amendment to the Development Order
Dear Mr. Eubanks:
Enclosed please find a certified copy of the amended Development Order for the Reserve
DRI (Resolution OS-R09). The resolution was adopted at a public hearing held by the City
Council on February 14,2005. A certified copy of the amended development order has
been sent to the Regional Planning Council. IfyoLl have any questions, please contact me
at (772) Sï1·5218.
Sincerely,
CL dfJ ~
Anne M. Cox, AICP
Planner
C: Treasure Coast Regional Planning Council
Scott Morton
'---'~-"'..." ..-..-.....- .-
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10/03/2005 12:20
7722214057
TC REGIONAL PLANNING
PAGE 16
Exhibit B
Internal Memoranda from Council's Transportation Consultant, Regional Ecologist, and
Deputy Director CQnfirming TCRPC Had Significant Concerns with the Reserve NOPC.
Notes: There is also a related staff report adopted by the Council at its October 15 2004
meeting related to the comprehensive plan amendment for the NOPC. The report
identifies that Council had sigIÚficant concerns about noncompliance with DO
Condition 15 (see Exhibit A). This report was transmitted to the City and the
County in October 2004.
10/03/2006 12:20
7722214067
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PAGE 17
MEMORANDUM
To: Jim Snyder
From: Peter Merritt
Date: September 24, 2003
Subject: PGA Vi11age DR! Notice of Proposed Change to the Reserve DRl
I have reviewed July 2003 Notice of Proposed Change (NOPC) for the PGA Village
Development of Regional Impact and have the following comments:
1. The NOPC includes proposed changes to Condition 15 dealing with the
requirement to prese(Ve 490 acres of native upland habitat. The new language
refers to an exhibit depicting the location of upland preserve areas on the project
site. However, the exhibit is not provided.
2. The revised langua.ge in Condition 15 refers to upland habita.t creation within the
buffer alo'Og the western perimeter of the project. The buffer area is to be planted.
in native vegetation as a way of meeting the requirement to protect the 490 acres
of habitat. Creating upland habitat should not be necessary OIl this project because
ofthe abundance of native uplands prior to development. Allowing created habìtat
to c01mt as upland preserve may result in a loss of regional resources.
3. More information on the current status of the upland habitat remaining on the
project site is necessary to review this proposed change. Specifically, a detailed
accounting of location and acreage of all existing native upland habitat should be
provided on a recent high quality aerial photograph. This gra.phic should·identify
a1l the native upland areas that are being counted toward meeting the 490 acre
requirement.
10/03/2005 12:20
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PAGE 18
II
MTP Group, Inc.
127$8 Forest Hill Boulevard Suite 303
Wellington. F/orida 33414
Phone: (567/ 795·0678 Telsf8X: (567) 795-0230
MEMORANDUM
To:
Michael 1. Busha, AlCP
Treasure Coast Regional Planning Council
Copy:
Peter Memtt, Ph.D.
Treasure Coast Regional Planning Council
From:
Maria M. Tejera, P.E.
MTP Group, Inc.
Date:
November 3, 2005
Subject:
The Reserve DRl - NOPC
-----"'
Per your request, we have reviewed the following documents:
· St. Lucie County Resolution No. 04-081 (7111 Amendment to The Reserve DRI).
· Letter dated 02/17/05 from Anne M. Cox enclosing a copy of the City óf Port St. Lucie
Resolution 05-R09 (Amet1dment to The Reserve DR!).
· Letter dated April 20, 2004 from Gustava Schmidt (FDOT - District 4) .to Michae1 Busha
regarding The Reserve DRI NOPC.
· NOPC to The Reserve DR! dated July 2003.
The proposed amendments include reduction of :residential and industrial development as wen as
substantial deletion and revisions to conditions of development.
We have the following comments:
1. Map H needs to include development intensities consistent with information included in the
traffic study.
2. The air quality analysis included in the NOPC does not appear to be approved by DEP. This
analysis has to include intersections and it does not appear to consider any intersections.
3. The traffic study is difficult to follow. It shows link analyses, intersection and a.rteria]
analyses. However, it doesn't show the methodology used to develop these analyses. The
traffic analysis fails to show how conditions of development can be deleted or re....ised based
on the results of the study. The traffic analysis does not show how the land use conversion
table was developed. There is DO information indicating how thresholds for D.O. conditions
IB/03/2005 12:20
77 22214057
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PAGE 19
Michael J. Busha, AlCP
November 3, 2005
The Reserve DRl - NOPC
Pa.ge 2 of2
were established. In summary, there is no way to relate the traffic study to the amended
development order.
Per your request, we have not performed a detailed review of the traffic analysis. Additional
information is necessary to evaluate the analysis.
The letter from FDOT shows they had a substantial amount of comments (21) when they received
the NOPC. It appears the applicant provided additional information which was then reviewed by
FDOT. An of FDOT's concerns were satisfied with one exemption. FDOT indicated Comm.erce
Center Parkway should be widened to a four-lane-divided cross-section from Reserve Boulevard to
the industrial area.. It is uncertain whether this condition is incJuded in the amended development
order.
The Regional Planning Council should have received all information regarding this NOPC (e.g.
additional analyses prepared to address FDOT's comments).
Please do not hesitate to give us a call should you have comments or questions regarding this
~~ .
C:\Documentll and SetlÍI1g~\Mjl)'\M)' DocummtIJ\mtp\TCRPC\The Reserve NOPC 2003 Memo 1.!'If
10/03/2006 12:20
7722214067
TC REGIONAL PLANNING
PAGE 20
Exhibit C
E-Mail, Exit Memorandum and DRI NOPC Review Log from fonner DRI Coordinator
for Council, Jim Snyder
Notes; This paperwork 'provides additional. confmnation about the status of the Reserve
NOPC and that review time fÌames had been extended, but never concluded.
10/B3/2005 12:20
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PAGE 21
Page 1 of2
From: jsnyder Usnyder@tcrpc.org]
Sent: Friday. January 09, 20044:11 PM
To: Bill Cannell; mbusha@tcrpc.org; thess@tcrpc.org
Subject: Re: NOpe To Reserve DRI
\ \". ~t'Y\N\tA+<...d C¥'\ cL
.. ~.\~~~. ~ R ;;~-. Coo.!.. .0--., 1'.'_-1
v' I V ¡ ~ I· ~ I. (.r (,~(
tAÞ IM~ }
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t..~
Stephanie Heidt
Mr. Cannell:
You are correct in that a Notification of Proposed Change was submitted to the Treasure Coast Regional Planning
Council in August 2003. The review timeframes have been extended by the applicant to conform with the
transmittal and review of the comprehensive plan amendment that is being processed by the City of Port St.
Lucie. The City schedule has the transmittal hearing on January 12,2004 with finai adoption of the land use
amendment and DRI amendment on April 26. 2004. The regioinal planning counCil has not finalized their review
of the NOPC and will be reviewing the comprehensive plan amendment when it Is transmitted. look forward to
any comments you may have concerning the proposed change to the DRI or if you have any comments on the
proposed comprehensive plan amendment. .If you have any questions concerning these issues please give me a
call at (772) 221-4060.
Jim Snyder
DRf Coordinator
Treasure Coast Regional Planning Council
---- Original Message ---
From: Bill Cannell
To: roþ)Js.ha@tçJ.pc.org ; j§nyd~r@.1çrpc..ºJg : th~~.~_@tcrpc,.Qrg
Sent: Tuesday, January 06, 2004 10::20 AM
Subject: Re: NOPC To Reserve DRI
To: TCRPC
I would appreciate a response to my email (below) to you on 12/18/03 at your earliest
convenience. Thank you very much.
Bill Cannell
ÞiJ.1.ç..a nnell@iILsß..com
772-468-7253
--- Original Message ----
From: Bill Cannell
Sent: Thursday, December 18,20032:14 PM
To: mbusha@tcrpc.org
Subject: NOPC To Reserve DRI
Dear Mr. Busha:
I understand that a Notice of Proposed Change (NOPC) to the Reserve DRI was submitted by
Kolter Property Company to the TCRPC for review In July or August, 2003.
If this review has been completed, I would appreciate receiving a copy of any report by the
TCRPC at your earliest convenience.
If the review has not been completed, could you please let me know so that I might offer
comments for your considerstion.
a I') ('\ /? Ρ(ì¡:;
10/03/2005 12:20
7722214057
TC REGIONAL PLANNING
Thank you very much for your assistance.
Sincerely I
Bill Cannell
8420 Muirfleld Way
PGA Village
Port St. Lucie, FL 34986
(772) 458-7253
CALL WAVE FAX: (775) 320-9019 (note area code)
billcannell@msn.com
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PAGE 22
Page 2 of2
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PAGE 23
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EXIT ME MaR AND U M
To: :NIichael Busha, Executive Director
From: Jim Snyder, DR! Coordinator
Date: February 27, 2004
Subject: Resignation
,Per your request, listed below are the items I am presently working on~ their status and
deadlines, and the contact person or persons concerning tha.t particular project.
Local Government Comprehensive Plans
Wellington 04-1 Draft
The. proposed amendments include two FL1JMame'O.dments and te<a amendments to the
Future :Land Use and Recreation aDd Open Space elements.
The DCA notice states that comments are due by March 14,,2004. Letters ha.ve not been
sent to We11ington or to DCA A lctter ,was sent by Palm Beach County stating that an
objection has been filed with IP ARC concerning the FLUM amendment #2002-024 (The
Commons of Wellington). The County has transporta.tion issues with the proposed
amendment.
Contacts: Caryn Gardner-Young - Village of Wellington (561) 753~2430
Kurshid Mohyuddin - Palm Beach County
I bave left the file on the table to the right of the door as you walk in my office. It is
labeled. I have also left aside of it a folder with all the clearinghouse notices and pertinent
letters concerning comprehensíve plan amendments. A stack of papers that are all related
to small-scale amendments is on the sman bookshelf in the back of the office and is labeled
as such.
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Developments of Regional Impact
.Waterway Village DRl
The project is presently in its second round of suffi.cieacy review. The applicant submitted
additional information requested by the agencies on February 5, 2004. The a.gencies are
responding to Council's request for comments and questions. I bave received a.dditional
informaÜon request from Maria Tejera., concerning traffic and I am expecting :final
comments and questions from FDO! by Monday 3/1/04. The sufficiency response is due
to the applica.nt by March 5, 2004 to meet the 30-day requirement set by Florida Sta.tute.
At this time, traffic is the outstanding sufficiency issue.
Contacts:
Ap plicant: Keith Pelan - Kirrùey Horne (772) 794-403 S
Stan Boling - Indian River County (772) 567-8000 Ex:t: 1253
Rick Greene - Divosta (561) 627-2118
Yvonne Zie) is the traffic consultant
As you a.re aware, Council is to do a workshop on the Waterway Village DFJ a.t our
March meeting. There are a number of environmental issues related to endangered and
threatened species on sìte as well a.s the traffic issue and design issues associated with the
project. .
All fi1es for the project are on the larger bookshelf in my office. A copy of the compJete
ADA as well as the entire file for the project should be there,
Jupiter Falls DR!
As you know, the applicant has requested that Council's assessment report be postponed
un1i1 they have a chance to fill a revised ADA and go through sufficiency review again.
My understanding from a source is that there is a recommendation that they withdraw the
application and start ",ith a new DRl once the comprehensive plan amendment issues are
resolved. I do not know if the applicant has agreed to this, ·
The files are out by the card files for the library All files a.re there along with the ADA.
Contacts: Sam Shannon - Town of Jupiter
Da.ve Kemp - Town ofJupiter (561) 741-2452
Greg Kino - Boose Casey (561) 832-5900
Rocky Biby - Kimley-Home (772)794-4040
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Scripps Project
I have received emails from Mary Helen Blakesley concerning a pre-application meeting
for the expedited pemùtting review process. The meeting is set for March 10, 2004. r
believe you were also emailed this information. I had a. meeting set up with Coll~en
Walters of Kilday and Associates to discuss tbe project and the DRI tjrnelines. In our
telephone conversation we discussed having the DRI pre-application the last week of
March. The DRJ methodology and production of the application is to be done as a. group
effort similar to how the regional transportation study was done in St, Lucie Coun.ty,
reviewing the application as it is being created and discussing concerns prior to final
sLlbmittal to be sure the application is sufficient. This is to avoid problems in meeting the
90-day review period that will start upon fonnalsubmitta,l ofthe DR! application.
Tbe :files I have are on the table to the right as you walk mto my office. This is all the
infDrmation I ha~e at this time. Once the pre-application for the DRl is requested you will
have to contact an tbe review agencies. A mailing list is on my computer under the folder
name ITS.
Contacts for the project are listed withì:o the Scripps project folder.
Notifications of Proposed Change
Motorola. DR!
The proposed chwges to the Motorola DR! delete the Industria.l Use while adding more
retail, office and residential. There were concerns brought up concerning traffic and the
conversion matrix:. Additional information was provided by the applicant and FDOT 15
looking at the additional material and will provide comments by Monday Match 1, 2004.
Council sta.ff had concerns with the way the conversion matrix was calculated. The
applicant assumed that traffic was the worst case and all conversion were based on traffic.
, The additional inforInation provided by the applicant continues this premise even though
the data and analysis provi.ded for water/sewer seem in some instances to be more
restrictive. I have talked to Kim Glass Castro about this .and have not received any further
response.
A letter should be sent to the City of Boynton Beach once Council has received comments
from FDOT. If there is no change in the applicants view on the conversion matrix Council
may want to objet::t the change.
File is in the large filing cabi¡¡et second drawer from the top. Look for file labeled Abacoa
#18.
Contacts: Kim Glass Castro -Ruden McClosky (561) 514-3442
Chon Wong - FDOT sic 436-46.59
Lucia Galev- City of Boynton Beach (561) 742-6260
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Abacoa
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The propos'ed change is number 18 a.nd requests that the conversion matrix for the project
be increased from a maximum of 50% to 80% for converting resea.rch and industrial to
offi.ce because they have met the maximum and need addition conversion space. The
applicant proposes.the change to the development order condition but there is no data a.nd
analysis to .back it up. A letter to the Town of Jupiter is due out by March 5, 2004 if
Council plans to object. Discussed with Dick Post at DCA and they an: ready to back "Up
our objection'
File is in the 1arge filing cabinet second drawer from the top. Look for me labeled Abacoa.
#18.
Contact: John Corbett (561) 586-7116
Dave Kemp- TOÌlYn ofJupiter (561) 741~2452
The Reserve
This NOPC has revisions to the plan of development, which requires a comprehensive p1an
amendment to the City of Pori St. Lucie's comprehensive plan. At this time the proposed
change application hAs been extended until the comprehensive plan amendment can be
addressed. There is a letter from FDOT cOIlcerning the proposed change that has been
fonvarded to the applicant.
Contacts:, Debbie Orshefsky (954) 768-8234
File is on the table to the right ~s you walk into the office and is labelled.
Boca RatQn Downtown DR!
Council sta.ff has had several meetings with the City of Boca Raton· on the traffic
met..'1odology to be used fDr the proposed changes to the project. At this time the City has
not submitted the proposed changes. Maria Tejera has represented Council during these
meetings to come to an agreement on the traffic methodology.
Contacts: Doug Holdener - Kimley Home (561) 845-0665
Chon Woo.g - sic 436-4659
Doug H~ss - City of Boca Raton
Files are on the table to the right as yo).l walk in the C!ßjjp.~~ are labeled.
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St. Lucie West and Grand Harbor should be filing notifications of proposed change in the
not to distant future. Letters concerning the Grand Harbor DRl are on the la.rge bo,okshdf
and are labeled. This documents should be included in the file.
Review dates and deadlL."'1es an kept in the notebook that is on my desk. AU NOPCs,
ADAs and Dos that are received are logged into this notebook to keep a. running record of
the dates and deadlines and to be used for filing out the quarterly reportJ
Annual Reports
On the black computer disk labeled annual reports is a list of annual reports and when they
were received and reviewed, This information is again to help in filing out the DRY status
report for the approved I?RIS in the region, which is attached to the quarterly report The
DR! status report is in the computer under DR! docs.
There is a stack of aroma! reports on the large bookshelf, bottom shelf. Most of these
have been reviewed, there is just no room. in the files to'file them. Only those that are not
on the Ust in the computer disk have not been reviewed.
Al1 active NOPC files are in thè big file cabinet in the second drawer. Those tha.t have
been complcted and are rea.dy to be filed are in the third drawer.
This should be all the information you need to proceed with the work tha.t I have recently
beeD doing for both comprehensive plans and developments of regional impact,
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DRI Notifica.tion of Proposed ChaI'lge Review Deadlines
Treasure Coast Regional Planning Council
PAGE 28
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Exhibit D
Findings of Fact
Model Draft DO for the Reserve NOPC Supplied by the Applicant and DO Ultimately
Adopted by the County
Notes: The draft DO language initially provided by the developer included a place for the
da.te declaring when the COUllcil advised the County "in writinl!" that the
proposed changes would not create significant regional impacts. The adopted
version deletes the date and "advised in writing" references. The removal of these
references suggest the developer had no paperwork or doctUnented comments
fröm the Council to support the Findings of Fact which state that Council advised
the County that it had reviewed the NOPC and detennined. that the proposed
changes would not create sigilificant regional impacts.
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Draft 08120103
On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and
recommendations on this development pursuant to Chapter 380.06(12)(a), Florida
Statutes.
c.
On August 25, 1995 the Treasure Coast Regional Pla.nriing Council issued a report BIld
recommendations on the Notification of Proposed Change to a Previously Approved
Development of Regional Impact (The Reserve) pursuant to Chapter 380.06(12)(a),
Florida Statutes.
D.
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 Regiona.llmpact (Thc Reserve), filed May 5, 1998 pursuant to Chapter
380.06(12)(a), Florida Statutes, and determined that the proposed changes to the Pinal
Development Order for the Reserve would not constitute a substantial deviation to the
previously approved Development Order.
Qn . 2003. the Tr~ure Coast RelIiçmal Plannin~ Council adyised the City in
Vv'ritinq that it had reviewed the Notification of Pronosed Chanlle to a Preyiouslv
A'D'DTOved DeveloDment of RellÏomtl Imnact for !Q.e Reserve Qj.U. filed . 2003,
J.?9f5uant to Chauter 380.06(19)(f\(4)' Fl2rida Statutes. and determlned that the Dronosed
chaiu~:es to the F~tlal DeveloDment Order for the Reserve,DRI would not. create sirnifican1
re2Ìonal wmacts not meviouslv rt:Viewe~
E.
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G. The proposed Development is. consistent with the local comprehensive plan, development
laws and regulations of St Lucie County~
H.. J¿eveloner has .~bmitted a comDrehensive ¥ auality ~omDute! modelim:! studv which
demonstrates that State and federa] air aualitv standaTds have þ"e~ met and w.bJch does
not identify anv exceedances reauirim! c~bon monoxide monitorim! or abatement.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie COlUlty, Florida:
A.
Tbat in a public meeting, duly constituted and assembled this dav of . 2003.
-t-%'" è.ay ef August, 1998 4th Resolution 98 100 =' which am-;nds Resolution 98-100.
97-023 (as corrected by Resolution 98~086) which am.ended 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
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The Boord of COLlnty Commissioners cOl"ltinues with tne following amended FINDINGS
FACT and CONCLUSIONS of LAW with regard to the Application for Deyelopme
Approyal as c:ìted in Resolution 89-73:
, AMENDED FINDINGS OF FACT
The proposed Development is not in an area of Critical State Concern as designat
pursuant to the provisions of Chapter 380.06, Florida StatlJtes.
The State of Florida has not adoþted a land develo.pment plan applicable to the area in wh¡
the proposed Development is to be located.
On October' 21, 1986, the Treasure Coast Regional Planning Council issued a report an
recommendations on this development pursuant to Chopter 380.06(12)(0), Florida Statutes
On August 25, 1995 tne Treasure Coost Regionol Planning Council issued 0 report an
recommendations on thè Notification of Proposed Change to a Previously Approve
Development of Regional Impact (The Reserve) þwrsuant to Chapter 38Ó.06(12)(o), Florid
Statutes.
On June 4. 1998 the Treasure Coast Regional Planning Council issued a report an
recommendations on the Notification of Proposed Change to Q Previously Approve
Deve!optnent of Regional Impact (The Reserve), filed May 5, 1998 pursuant to Chapte
380.06(12)(0), Florida Statutes, and determined that the þropose.d changes to the Fino
Development Order for the Reserve woùld not constitute 0 substantial deviation to th
previously approved Development Order.
The Tr:easW'~ Coast Rec:¡ional Plannino CQ~ncìl advised the County that it had .reviewed th
Notification of Pr:oeg~ed Cha!Jae to a Previously ACbreved Develo.pment of Reoional Imcac
Í£r the Rese~\':e. DR!. fìl~d Auoust 2003. Þurs~ant to ChaÞter 380.Ç>6(19)(f)(4}. Florid
iJ,.atute~ . and Qetermined tþat the proDosed chancres to the final DeyeloDment Order fo.
tbe Reserve DRI->"ould notsreate sjonifical1tç:.~~ional imoacts not p)'eYlPuslv revieY.Le.d...
The proposed Development is consistent with the local comprehen~ive plan, d~ve opmen
laws and regulations of St. Lucìe County.
As part of the seventh amendment t9 the Dre~io . s X CbtH'ove.d DeveloÞlI!ent of Reoiona
!mcact l<r:1o\yn as Th e Reserve it is ackno~ledQ..ed that the de'le:J.gtJer has sublJ1itted a
cOIt1ÞI'eb.ensive air c¡~itv cOlTlputer mog,elino study that ~çrol'nstrates thai State and
federal air oualitv standards h~e been met and which does not identify any e~ceedances
reauirim:J carbon monoXide monitorino or abatement.
33 T. In tbe",...ßeyenth QlTlendtIJent to the IJrevious!'cp»roved Develot>ment ot Reoioncl rmDoct
34 knowt1 as The Reserve :filed on Aucust 22 2003. Reserve Homes Ltd.. l..P.. ¡Deluded CI
35 DroDosa to at1lfDd the master site Diem for the Reserve DR! to include a CWJ ;ral oureos/;
111.f¡J\Qb1L~3713;6·,iì2\9~u02 ,DOC I ¡II d./O,\.1jO, J 011000 ,#
Re!ollltloM No: 04-061
Final
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..st,-il~e Th"91i§k Is for dl!.ll!.tian
1.pril 20.2004
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