HomeMy WebLinkAbout01-17-2007 Signed Agendas
Agenda Request
Item Number
Date:
1
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[ ]
[ ]
[,.J .'
Quasi-JD [X ]
Consent
Regular
Public
Presentation
Leg. [ ]
Presented By
6~ V+
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.
To:
Submitted By:
Board of County Commissioners
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 ¡sues:
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 Attomey 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 S1. 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.
On October 24, 2006, the Board continued the item to Dec. 11, 2006, acting on the
advice of counsel to allow sufficient time to conclude settlement negotiations.
RECOMMENDATION:
COMMISSION ACTION:
~ APPROVED
LJ OTHER
If a settlement cannot be reached, 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.
D DENIED
NCE:
Do as M. Anderson
County Administrator
Approved 5-0
County Attorney ¿
Originating Dept.:
Finance:
Coordination/ Signatures
Mgt. & Budget:
Other:
Purchasing:
Other:
(insert file ref)