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HomeMy WebLinkAboutAgenda Packet 01-17-07 Agenda Request Item Number Date: 1 'Pi (ei [ ] [ ] [·1 Quasi-JD [X Consent Regular Public Presentation Leg. [ ] Presented By ~rt r1I!+ 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 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 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 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. 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: 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. CE APPROVED LJ OTHER o DENIED NCE: COMMISSION ACTION: Do as M. Anderson County Administrator Approved 5-0 Coordination! Signatures County Attorney ¿ Originating Dept.: Finance: Mgt. & Budget: Other: Purchasing: Other: (insert file ref) · \/ () ;-Cv Á\ J?/,/LAJ. Jér / .. ~¡/~a,- /J~~ S----ð ro 'anuary 17, 2007 .aOO P.M. BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OF' ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA-S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 as!:?s anyone wishing to spea!:? 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 as!:? for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, spea!:?ing clearly into the microphone. If you have bac!:?up material, please have eight copies for distribution. 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 wor!:?shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor!:?shops. 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 (J72) 462-1777 or TDD (J72) 462-1428 at least forty-eight (48) hours prior to the meeting. , , BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.ll.us Chris Cralt, Chairman Joseph E. Smith, Vice Chairman Doug Coward, Chairman Paula A. Lewis Charles Grande District No.5 District No. I District NO.2 District No. J District NO.4 January 17, 2007 eaOO P.M. Invocation Pledge 01 Allegiance ( m~ PUBLIC HEARINGS I. GROWTH MANAGEMENT Request to rescind or amend Resolution No. 04-081, Notice of Proposed Change amended Development Order (seventh amendment) for The Reserve Development of Regional Impact, developer: Kolter - If a settlement cannot be reached, amend Resolution No, 04-081 by adopting in its place Resolution No. 06-316, and render 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 taRen 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. ~ .,.... 'anuary 17, 2007 6aOO P.M. BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OF' ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA-S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 aSRS anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. 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 (712) 462-1777 or TOO (712) 462-1428 at least forty-eight (48) hours prior to the meeting. .... BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.ll.us Chris Cralt, Chairman 'oseph E. Smith, Vice Chairman Doug Cowarel, Chairman Paula A. Lewis Charles Granele District No. II District No. I District No. :& District No. J District No. . -r - 'anuarp 17, 2007 eaOO P.M. Invocation Pleelge 01 Allegiance "". ..~ .'.... PUBLIC HEARINGS I. GROWTH MANAGEMENT Request to rescind or amend Resolution No. 04-081, Notice of Proposed Change amended Development Order (seventh amendment) for The Reserve Development of Regional Impact, developer: Kolter - If a settlement cannot be reached, amend Resolution No. 04-081 by adopting in its place Resolution No. 06-316, and render 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 taRen 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) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. INTER-OFFICE MEMORANDUM ST. l.UCIE 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 DR! Compliance Report, a copy of which is attached to this memorandum. The Board 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 C~urt 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 DR! 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. RECOMMENDA TION/CONCL.USION: Staff recommends that the Boord 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 Deportment of Community Affairs with copies to the Tre.asure Coast Regional Planning Council. Respectfully submitted, ----..-1 ~~ ~ =-=::> - - .----fL<\ Bob Nix r LJ Growth Management Director Attachments ~j) COMMISSION REVIEW: (AUGUST 11,2006) GROWTH MANAGEMENT DEPARTMENT MEMORANDUM . TO: FROM: DATE: SUBJECT: Board of County Commissioners Bob Nix, Daniel S. Mcintyre, Vanessa Bessey August15,2006 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 (alkla 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 an 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 believ·es 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 over the 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 approval, ano 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.l.. 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 St. 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 St. 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 St. 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 St. Lucie County Community Development Director." ff 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: . . ct ..sta~ô~oths:~~~dl~~~e~et~s:~~~ð~~*¡~ff~'~W~~M~~m!~~~õ~~~~~:~~p~:::~~~r¡J; f!.:-": 1. 2. Direct Staff to advertise a public hearing on October 3, 2006af16:00 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 bySeptember22,20061~ 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 onSepternber 23, 2006if~lter fails to comply. 5. Direct the Growth Management Director to contact the DCA and request the DCA to provide the County with t.echnical assistance concerning the potential violation. 4. 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 Mmicrositing". Future improvements include: 1) monitoring and modeling requiremen's 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, -grt #+ Bob Nix, AICP Growth Management Director RN/cb Copy to: Daniel S. Mcintyre, County Attomey Vanessa Bessey, Environmental Resources Director G/AIIy/draft progress report Aug 10 2006.doc , ':..!.... ... "..... ,'--'--...... ~.. ~..';..~......: , ,.~~t- LEWIS, LONGMAN & WALKER, P.A. AI1üRNEYS AT LAW Reply to: West Palm Beach September 22, 2006 H. William Perry, Esq. Gunster, Yoaldey & Stewart, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401-6194 . Re: The Reserve DR! Compliance Issues Dear Bill: Please let this letter confirm 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 staffs 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 fonn of a fully executed and recorded deed restriction or conservation casement 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 Conunerce 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 Maidstonc 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. . ..------...-- ._..~ - --...--"- ._~.._-- --.--....---.-- Helping Shape Florida's Future· BRADENTON 1001 Thord Avenue West SUI'" 670 B..d.nton, Flond. 3420~ pI941.708_4040.11941.708.4024 JACKSONVILLE 245 Riverside Avenue Su,le 1 SO J,cksonville, FlOrida 32202 p 1 904.35J-/>410· f I 904.353·7619 TALLAHASSEE P,O. 800 10788 (32302) 125 Soulh G.d.d..n 51...1. Suil~ 300 T.U.h....... Flo.ida 32301 p I 8S0·222·5702 . f I 850·224-9242 WEST PALM BEACH 1700 p.lm Beach Lak.. Blvd, SUII. 1000 W.'I P.lm B.,ch. Florid. 33401 pi 561-640-0820 . f I SóI-640·8202 www.llw-Iaw.com H. William Perry, Esq. Gunster, Yoakley & Stewart, P .A. September 22,2006 Pa!!e 2 The County has agreed to try and work out the preservation of nati ve upland issues on the PGA VìI1age 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 preserved 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 Cockad.ed 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 ex.planation regarding how this will be accomplished. Please provide the legal instruments that secure 22 acres of native 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 pennit 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 DR! providing a parcel-by-parcel and lot-by-lot accounting of all currently preserved habitat within The Reserve and al1 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 detennine 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 Pal!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. [I?~~~][i:E~i~ê~<·~~=:':~==-:=::=·~,~~~~~.:-,-:-~...... ..~-~~='- _~::~~:~~B From: "Michael Busha" <mbusha@tcrpc.org> . To: "Daniel Mcintyre" <DANM@stlucieco.gov>, '''Terry Lewis'" <tlewis@lIw-law.com>, <nixr@stlucieco.gov>. <smorton@kolter.com> Date: 9/22/2006 4:27:05 PM Subject: The Reserve Please see attached. Dan, Following is a list of recommendations for amending Resolution #04-081 for the Reserve DRI: 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 DR!, should be consistent in style, fonn 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 ofland 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 fOrIn as stated in Resolution #98-100. Council understands some modification may be required by the County to assure that the 490 acres 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 St. 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 St. 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 perfonned during the months of January through March. The developer shall submit a l~tter!report presenting the following infonnation: 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-Iane- 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 DR! 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 commenced, 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 Transcription from April 20. 2004 - Board of County Commission Meetine Dennis Murphy 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 Chainnan. 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 fonnal public hearings so I 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 .basicallv recoe:nize 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 8t. 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, tl;ley 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 going to be achieved. If development stopped with tbese 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. 80 what was done about a vear ago in cooperation with the City of Port St. Lucie. the Regional Planning Council the primary develoJ?ment groups. a complete reassessment was done of the traffic oblie:ations associated for St. Lucie West. the Reserve. and the other DRI's resulting in the Final Development Orders for· PGA Villages and Tradition beine: more reflective of what was actually beme: built and what was actually 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. 1 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 8t. 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 WPB 898647.1 2 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting ex.isting 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 th~ Department of Transportation for other 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 eenerate some interest in the community deals with environmental mitieation issues. The Reserve. under their Development Order back in 1988. was reauired to preserve 25% of this site of the habitat. The pine. flatwoods. the palmetto areas and that kind of thine. That translates out to approximatelv 490 acres of habitat throuehout the entire proiect. The Reserve is actuallv split about 95% located in unincorvorated 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 reeulations that allow for when specific conditions warrant and upon the approval of the City. that vou can do offsite mitieation for some of vour upland habitat reauirements within the City code. County does not have the similar vrovision. What we attempted to do is to amend the Development Order to allow us to exercise with our local eovernments. be it the City or County. to exercise their habitat protection reauirements should conditions warrant. Specificallv. what I'm talkine about now is the proposed Field of Dreams proiect. Field of Dreams. of course. is beine an issue discussed by this Board for 2 years now. It's proposed for location within the City of Port St. Lucie portion of the Reserve. In order to do that. thoueh. 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 Villaees 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 Chainnan, ifI can, I'm going to try and do some discussion on all 3 items that we have here tonight so I think I WPB 898647.1 3 Transcription from 4120/04 St. Lucie County Board of County Commission Meeting 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 connection, 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 the fire department needed to get fÌ'om 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 carne 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 fÌ'om tonight, would be acceptable to allow for the limited use of a connection fÌ'om Parcel 34 into the City of Port St. Lucie and that area. Over the next 2 years, Reserve Homes 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 fÌ'om the golf learning center down to and alternately across C-24 canal, connecting into Village Park Way as it comes up fÌ'om 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 fÌ'om 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 S1. 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 fÌ'om now, that gets cut off. That gets closed off. Now all of this will also mean, just for WPB 898647.1 4 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting 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 PGA 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 12, 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 conditi()n 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 PGA Villages DRI locat(~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 tenninate 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 SlO.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 dope 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 S4.6 million. That credit would be applicable to any new construction built within the Reserve or PGA 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. It 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 WPB 898647.1 5 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting 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 construction 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 lilœ we had originally envisioned some years ago. So staff recommends that the Board approve road impact fee credit 04-002. At this point, Madam Chainnan~ 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 ofloose 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 I 1, 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. Dennis 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: WPB 898647.1 6 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting 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 POA Village DRI and has Dennis has explained to you, we have agreed to remove those permanent vehicular connections. One connection will stay as an emergency connection, non-paved and accessible only to fire and police and the second connection 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 formally 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.G.T. has placed on us based on the regiona] traffic study that's been completed over the last year, we have a2:reed to the mitieation situation in that City portion of the Reserve at a ratio of 1.S 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 come up during the public hearing to come 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 Chairman, 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. WPB 898647.1 7 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting Dennis Murphy, Growth Management Director: No actual verbiage or text changes other than what clean-up has to get done. Resident: Madam Chairman, 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 Norman 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 Soutl;1 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 formalized 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 examples of how they run their meeting because they had one this morning and they didn't show up. But really concerns us, the residents 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 every one 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 Leaming 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-way stop sign and the other, the contractor's or construction entrance to the development. Thank you for your time. Dennis Murphy, Growth Management Director: 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 WPB 898647.1 8 Transcription from 4/20/04 St Lucie County 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 tlùngs 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 tlùng 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 corne through the gate, and then they can come back through that temporary entrance in order to bu~ld the balance òf the homes that are down in Parcel 34. So that's what the game plan would be. Resident: Madam Chair and commissioners, 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. I 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 I did find time yesterday. WPB 898647.1 9 Transcription from 4120/04 St. Lucie Couñty Board of County Commission Meeting 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 meetÌIlgs 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 . of the Millfield Way Homeowners' Association and the chairman 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. Doles 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 concerÍ1s 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 any 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 rue department. We also need to see the exact location of both the recreation and fire department land as promised bv 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. This amended Develo ment Order is not erfect b an means. In fact it ma even be descent or different ers ectives from some of our nei hbors on 10 Transcription from 4120/04 51. Lucie County Board of County Commission Meeting WPB 898647.\ 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 I thought many times would never come 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 11 Transcription from 4/20/04 SL Lucie County Board of County Commission Meeting Commissioner: Resident: Commissioner: Resident: WPB 898647.1 took time to personally come out and see the areas in Question for vourselves and we're e:rateful and thank vou. It's also been very long going for us Reserve residents as you can welJ 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'lJ 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 a good neighbor. I'd like to personally acknowlede:e Kolter. John Csapo. John Tompson and Scott Morton particularlv for recoe:nizine: the importance of these issues to a Quality of life for our community and its residents and for doine: the rie:ht 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 vour 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 Norman . 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 can 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 vou. Ms. Hutchinson. savine: "I'll mitie:ate with 12 Transcription from 4120/04 St. Lucie County Board of County Commission Meeting YOU". and your encouraeement was what we should be dome to talk to one another. With that kind of cooperation. if we said it at the City. we would have a ereat thine eoin2. so we're very. very oleased 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 came to the conclusion that this 2-year temporary access would work. But during negotiations, and I want the minutes to show this, the 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 ViJlage 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 ifit'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 laneuaee is worded. it refers YOU back to the reeulatorv processes of the appropriate local iurisdiction. In other words. if the County ·had a provision that would allow for offsite mitieatión. 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 WPB 898647.1 13 Transcription from 4/20/04 St. Lucie County Board of County Commission Meeting which would allow for offsite miti2ation. The only ulace that it can take ulace would be within the City uortion of the Reserve which is the industrial park area. the North part of Commerce Center Drive as it 20es UP the North end there. Resident: Ok, that would make a lot of my friends in Greenbrier Community very happy. We ask specifically ror 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 stand 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 Chåir, 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 WPB 898647.1 14 Transcription from 4/20/04 St. Lucie County 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 parcel? 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 comer, 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 ofsize 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 fmdings 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 fonn or fashion. Dennis Murphy, Growth Management Director: WPB 898647.1 15 Transcription from 4/20/04 St. Lucie County 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 pennits 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 come 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 also 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 Board 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. WPB 898647.1 16 Transcription from 4/20/04 51. Lucie County Board of County Commission Meeting 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 Chainnan that I just need to identify for the record relative to the impact fee agreement and it deà1sback 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 St. 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 ~onfusing. Tha.rµc 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 community of what c9uld be done. So thank you. WPB 898647.1 . 17 Transcription from 4/20/04 51. Lucie CountY 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] WPB 898647.1 18 Transcription from 4/20/04 51. Lucie County 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 DR! 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 PGA Villages DR! which is located in the City of Port St. Lucie. Also related to search and internal matters to the Reserve DR! which is an unincorporated part of the county. For the benefit of those in the audience. the County Commission· has direct re2ulatorv authority over onlv 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 entitledPGA Villages located solely and entirely 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 PGA Villages and the PGA Reserve and some general impact issues related to the PGA Villages. Today's discussion is focused principally on the PGA Reserve DR! and discussion on the two intemallink connections between PGA Villages and PGA Reserve. It will get confusing when we start babbling about PGA Village and PGA 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. Any 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 PGA 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 PGA Village project and was put in there only for the purpose of showing general location matters. This map has changed. The intemallayouts 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 PGA projects. That's on the 11 x 17 paper . Referencin2 memo January 12. 2004 - this is a memo that does a line bv line. condition bv condition review of the specific conditions in Resolution 98-100. There are currentlv 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 of these conditions are E:\Documents and Settings\perhug\Local Scttings\Tcmp\j8ytO I!.DOC either tae:e:ed as either completed or one:oine:. 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 e:oine: to hie:hlie:ht a couple of the bie:e:ies in here that have been of interest in the past and I will draw your attention to condition #15. found on pae:e 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 e:ross site area for upland preservation. The 490 acres requirement has been determined bv the Board previouslv not to have to be one or more contie:uous 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 workine: 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 beint! crossed. pretty much the 490 acres has been identified and has been recot!nized as beine: protected. There's a couple of little loose ends that have to be taken care of yet, but e:enerallv 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 ~ght before we get the transportation. These are conditions that are related to some recreational issues that the developers have not vet 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 St. Lucie County - St. 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 St. 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 St. 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: 2 Transcription from \/15104 St. Lucie County Work-Shop Session Commission Meeting E:\Documents and Scnings\perhug\Local Senings\Temp\j8ytO I !.DOC 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 of the 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, 1 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 interchange 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 1 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. 1 think the main thing is that there is now a light there and 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 DR! 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 3 Transcription from 1/15104 51. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Setûngs\perhug\Local Settings\Temp\j8ytO I!.DOC 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 aboàt on the connections. This is the area 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 proposed 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 proposed establislunent of what's tenned "Parce] 38" at the Reserve. Parcel 38 is a s.ix-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 ate 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 hearing will of course require formal 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 pure]y 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 4 Transcription from \1\5/04 Sl. Lucie County Work-Shop Session Commission Meeting E:\Documents and Settings\pcrhug\Local Settings\Temp~8ytO I !.DOC 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 at this 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 òf 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 open 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 were 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 5 Transcription from 1/15/04 St. Lucie County Work-Shop Session Commission Meeting E:\Documenls and Settings\perhug\Local Settings\Temp\j8ytO I !.DOC 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 DRI. 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 this 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 COWlty. 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 St. Lucie. When this proiect was oril!inally approved. both the City and the County approved specific development orders for the Reserve. As a part of the NOPC. the applicants are looldne to come in and seek acomp 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. I don't know if I'm answerine the Question directly. other than to say that we're not eoine 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 COWlty. 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 mitieation 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 taldne whatever mitieation areas were set aside in that area and apply them elsewhere. In this particular case. it would be down in the PGA . Villaees area. So basically what we are doine is if the Field of Dreams proiect is to eo. in order for it to eo. one of the thines that has to happen is there has to be some mitieation 6 Transcription from 1/15104 St. Lucie County Work-Shop Session Commission Meeting E:\Documcnts and Scttings\pcrhug\L..ocal Settings\Temp\j8ytO 1 !.DOC 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 subseauent developer to simply say they can shift all 490 acres out of the Reserve to another location. That cannot happen. It's only 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 N OPC 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: Council an approval or commentine: aeency on the NOPC? RPC is a commentine: aeency on an NOPC. They do not have to approve it. They 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 rmal action hearin!! on the part of the County Commission. They are by statute reauired to be noticed of the public hearine:s for NOPC. And the same applies to the Department of Transportation. The question is when is an of this going to get scheduled. Wen as I said a while ago, it was tentatively looking to be scheduled for January of this year. That has now been pushed back some period of time. I can't tell you a specific date. It does require fonnal 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. The 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 detennines 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 7 Transcription from 1/15/04 51. Lucie County Work-Shop Session Commission Meeting E:\Documents and Settings\pcmug\Local Settings\Temp\j8ytOI !.DOC bureaucratic, but it's got a lot of legal process that we have to follow in 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 Chairman, 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 ~o connections as internal. I actually view them as external cOIU1ections. 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 description 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 cOIU1ections. 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 8 Transcription from 1115/04 St. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Settings\perbug\Local Settings\Tcmp\j8ytO 1 LDOC what the origina] 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 1 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 term. 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 were shown in the original project. The one external point to the south. The southern one. That was subject through the DRI 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 internal 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 I 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 .Glade~ 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 insurmountable, but there ·are issues to be dealt with. The ones down at the bottom there, again, these are not insurmountable 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 straightforward. Commissioner: If I can try and simplify my question, I 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 9 Transcription from 1115/04 SI. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Settings\perhug\Local Settings\Temp\j8ytO I !.DOC 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 detennining factor here. There some minimum requirements that need to be met, but our discussion goes well beyond that. We are 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. Commissioner: 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 from 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 it comes to us. I expect Dennis to tell me what the flows wilJ 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 wilJ 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 wilJ 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. 10 Transcription from 1/15/04 St. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Senings\pemug\L..ocal Settings\Temp\j8ytO I !.DOC Comments from the Public: Commissioners - I'm _ Davis, I 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 I have to say. ----------------------------------------------------------------------------------------------------- .'. ...:' Good afternoon ladies and gentlemen. My name is James Shambery and I 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 I 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 1 know a little bit about what's happened there in the past. As I've observed in the past - 1 come down 1-95 when 1 first was here and I see there's a garbage pile. Well it's a garbage pile. And then 1 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 avalaI1d1f~ Jl,od I j~OYi~b tþ.ªtª-º1!l~oneu 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. I wish that someone would stop it. Thank you. ----------------------------------------------------------------------------------------------------- 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 about the situation of the Reserve. We have hundreds and hundreds of people that are concemed. Our concern is the affect on our quality of life. When my husband and 1 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 1 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 ånd we were one of the ones that got the documents and researched them to make sure that we would be pro~ected. 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, I 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 11 Transcription from 1115/04 St. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Scttings\pcrhug\Local Scttings\Tcmp\j8ytO I!.DOC 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 of those lakes too. Well, the developer will say well those 800-1,300 homeowners wil1 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 DRl'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 a11 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 - 1'11 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 de sac. Unfortunately for 12 Transcription tTom 1/15/04 St. Lucie County Work-Shop Session Commission Meeting E:\Documents and Settings\perhug\Local Setlings\T cmp\j8ytO I !.DOC 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. N ow 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 DRI. 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. ----------------------------------------------------------------------------------------------------- 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 4,100 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 calllt 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 if this 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. 13 Transcription from 1/15/04 St. Lucie County Work-Shop Session Commission Meeting E:\Documcnts and Settings\perhug\Local Settings\Tcmp\j8ytOl!.DOC 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 aITogant, 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 vacuum. 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 COITect. 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'nmow. 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. Weare 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 1/15/04 St. Lucie County Work-Shop Session Commission Meeting E:\DocumenlS and Settings\perhug\Local Settings\Temp~8ytO I!.DOC ~ 'C"!T~Ff I Œ::ï¡¡:;-'::-;:'~ ~ ~~. ~¡;:¡I~·L:~ --.:.; -, COUNTY T~ ~ =---:----:- 'J 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. .Bo~,.q. o~ County Comf!:llssloq~n;, has . ~Fked that .summary update as to· the status. C?f. the Developmënt Order for the Ri1iiëitiø (WW'å PGA ReServe), å ëevetOpntè"t of RegloTdllltnpaèt· FOr your review, I have attaohed a copy of Resolution 98·100, which is the most up to date version of 1I1e Anal Development Order affecting this project. The Table below summarizes the status of each of the condItions In this Resolution. :~;:. :<;'.:1::~~tÍ~5~i;!~j~fJß~f9. ··~·:·~.t¡;;it;,.:-~(::,;;,·"'·· ~., "~. :.:.': ~~f·.J?~ . '.... ~··:·"I· . èÓndltrôiì· . . . ,l,.;~~~~t::·::·:/ " . 1 3 4 5 .6 7a 7b 7c 8 9 10 11 12 2 This Is à recitation of fadts related to the development nwiew of this. '. ct. .' Thl&' condition sets "must start bý' and -must be complete by" dates. The trI er conditions have' not been reached. JanuB!Y 12, 2004 Page 2 Subject: PGA Reserve! Development of Aegbnallmpact- Development Order Review - . 15 1S fr.· 17a 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 On oin :....:... .' I. .'.', The developers have provided a planJmap that Indicates the location of the required 490 acres. It appears that this condition Is being complied with.· Fsnal reviøw by the County's environmental Resource Dlvlslon of all documents Is underway. Anal determination of com iance! noncom e Is forthcomln :4' January 12., 2004 Page 3 .41 42 43 42 43 ·46 47 48 49 50 51 52 53 Not yet completed Partially Satisfied On In Ongoing Partially Satisfied PartiaJly Satisfied Subject: PGA ReseMtI Development of Regionallmpacl- Development Order Review - ~. .: .. . ~ The: developers.· are proposing tD amend this condition to øllminat, fhe. n~r of parcels (the gross acr8Q remains the same) . and fo provide seed money tor Improvements} to the HOm&owi1ers AssQc:1a1ion. The devefoparø did submit a report severa! )l8ar& ago that addJ'ea8t:t this c::oriI:1IUoH. HoWever. thg devøIopers are now seákitlg. to eUmIliai.1f1Is con-db since a sirn11ar condltian was . j~ ~Fø !l",d out of the SI. LucIø West Developinent Order and th.rØat.nëecf·fw thiå condition Iuœ c ad over time. . . Th,-: dévelopers IØ'è propOSing, to amend th'- condition to elimlnaté: tht dedicatldn reqUirement since the Fire Departrrlent hail' not requested any Bites from. the fir. department. The balance Ç)f this concJltlgn needs 'to be amended to reflect the effëCt of the· s a ad 1m act fees. Flhai. alignments for the extension of Prima VISta Boulevard (alrJa St. Lucie. Wea~ Boulevard) Viere approved as part of the re\1~~ P,raIlmTnary Planned Unit Development P1ans approVed by th,' Boàrd In the mid 1990's. Conveyance of the right-of-way . south of the immediate extension of Prima Vista Boulevard. west of 1-95 1&1 to be clone as part of the final plat processing for pUD III at tht, ReServe. Final alignments' for the e)Ct8FIBion of Prima Vista Boulevard (aIkIa. 8t. lucie West Boulevard) were appr:oved as p8rt of the reviSed. Pretlmlnary Planned Unit Developnient Plans approved by the Soard In the mid 1990's. Conveyanoe of the right-of-way south of the Immediate extension of PrIma Vistà Boul W$St .,. January 12., 2004 Page 4 Subject PGA Reserve! DweIopment of Reglonallmpacl- Development Order Review - 53a 5b 54 55a 55b Ongoing Completed Completed of 1-9'5 lato be done as part of the final plat processing tor PUD '" at the Reserve. The developers are proposing to amend this condition to change the land use matrix tabJes. The dMJøpers of the Reserve have posted the required security toprQVlde'fœ'the cltèd imptoverhénts'. initial contributions from the:",d..w.~ðri:er.' w.' µJØC.t ;~, prqvIçiØ, ~f'. ;lnterlm",~QIJ~, ~~ PfØYrôi:lslY' ' cOmpletéd" . at:' th1š' h1têiSëctiò'rt. ~onai~~8ImprCJVerrieots. have been folded Into the general råé'ÔiUtttr#'tát1 of this' lr:rt8rsøct1on now ünderwa . ,~ -:", .' ,J, ,.'",' .' . The de.~' of the: R8$erve have posted thè requited security to pr-öv.1d4 fØr the cited lmPJ:ovements~ InWaI contrlbuSons from tt1,.. deVè1éJperwsre used to prOv1dø for iJiIterlm signal Im~entø' previously completed at this InteniecØon. . ~ laoelrnprovem_ haw been fotded Into the general rer:önStl'1lét1on Of this InteT8eètlon now undønÑa . 55e 56 57 Not Yet Applicable 58 Not Yet Applicable 59a Not Yet '1Icable 591:) Completed 60a Partiafty Completed SOb 61 A 62 The. trigg.r conditions have not yet b$en. reached In non· ris1ddá1 èfevalo ent jndustrial ark . The trigger cøndJtlons, have not yet been reached In non- , reS1demläl de\l'elo' ment industrial rk· bèen reached for all cat ones. ,1l'i,è trigger èor)dlt1an has not yet been reached for aU categOries; hoWever, the required Improver¡1ÈmtS haw been c9lT1ptated, by òllim.·' ... The trigger cöndlt10n has not yet been reached for aD categartes; hoWevar,the requlrød Improvements to Peacock BlVd. have Deén comptatsd, by others. Improvements to Prima VIsta Blvd (WA St~ Lucie West Blvd.) Have been partially completed - miss . tAe lhird fhro h lanes cited In this condition. Not Yet . Not Yet Not Yet . er condition has not ' t been reached for all ca . es. er I:Onclition has not t been reached for all cat er condition has not t been reached for all cats rIes. Januæy 12. 2004 Page 5 Subject PGA Reserve! Deveklpment of Regional Impact - Development Order RevIew - ~ .'i.y:~~ :'~::. :'~;>S~::~ ~:~:~4.;'l,tS :~~~;;:&~l~;::~::;;~Lf;:::\:fy·:::~~¿~·t~~:~·~:~~ (:\~¥l~?~fA~tf ;;~:~.,~.h~/;~:·: ....,¡; li,¡õ; ,.:.. T:'~ ':/t'~. ,~l';,,:(: )r.J:>;,~~:;;1J~t·" ~.~,' .:.~.. '¿¡;r..' .t.' ,. ~~.:¡;:..:~~... /,"¡.:?~'.~. '. . ~~ 'f!L ..., ;,~:~~::·~.:~...-:.~~-s~~·: :..,.:"~:·~..:rr~1t;I.~...~,",,.;r..:t~''':c.j.'4· . .... '';'~~. ~ .:..i?·~f~{.;i·..~¡;; .... .:.r."""._J~.,, '!!.:..l~,~«4.n~~'. .;,~~2r, .,J~~A""~~ ~'}4tt';.\1.......:~~,..~~~\"!)· 63(A} Not Y 9t Applicable The trigger cor.rc:Øtian has not yet been reached for aD categories; howø.ver' there is insuffICIent r.ow to meet aD lane ulrements. . Not. Yet \cable The Vi Ell' condition has not t been reached for all cat ories. Not Yet A Ii cab!", The tr cand1tiOn has not Not Y 8t AppIlcabte The triggØT condition has not yet been' reached for all cabiigor1es howeVsr; the required improvements are being completed, by othm. 64 65 66A 668 67 66 69 (A) 70 71 72 Not Yet A .11ca'bIe The··· ccirtdit10n ltas not t been reachéd for all cat rIes. '.' 4:" _ .: ...... . " :.'....... l'.~. '.J;.: "..·or . ...... " . .', .. 'NOf.'f.et ! lfdåb1j" ..', " ~ó1îháâi'lot'" öèØtl'fØåèbaå·fØi!áll'·" ølf; .... .....:.,.; .' . .' . '.: In.s~9\1 d1¡IsJan hU been modified from a traditional four- ~. ~0Ïi; to a traffic rotary that meets the, same irri ", . .ëmïnt ábJl ations. Slgr)áI·~1Q'1ts: havè .not bean meet for paragraphs ta, and (b). SJgnàf wørrantà haw been meet for paragraph (d) arid are ~ ~r iiaTàgra,ph (c). Deve10per is ieØki1g final permits for sfQPw. .Zit ~ off-~p. Intsrim signal irnPJ'ovements are ~ to I)é n, aœ late Februa 2004. . , . . '. .. er.cœEltlon has not t Þ8én reached for a1l ' TI1à ër cQndt10n has not t been reached for aD ca .,. ',',' :.. , . .. Th8:tflggetr:Qndltlón hà8 not yet been reached fot all catøg(D'les. In~ døsJgn has been rT1odIf1ed from a tl'àd1t1oria:1 f.our- påint. IntØ1QctlØn, 'to a traffic rotary that meets the, sarntJ Im~Ønt obligations. The' required works' haw been com· . tad others. Completed Ongoing Not Yet Not Yet Not Vet Ap'plícable t been reached for aU been reac:hed for aU been reached for all C8 t been reached for all cate DrieS. others. . ' January 12, 2004 Page S Subject ÞGA Ruervt( Development of Regional Impact - Development Order RevIew - 73 74 75 76 T7 78 With the reœnt addition of the PGA VUlages DRI, located In the City of Port Sl Lucie, there are two Internal street corinectlons that wiD be provided as part of the "Øevelopment of the parcels south of the existing PGA Reserve." These Internal street cø~ct1ons are shown In the attached Figure 1 (Map H of the PGA Villages DRI). Thesë Internal street connections are consistent with the basic design andtrafftc circulation requirements set out In the CountY; Land Devetopment RegUlations and Cómprehehslve Plan (specifiCally PoDcles 1.1.8.1 and 1.1.8.2). Attached is a copy of a memo" sent to you In November that addresses the tråffio Impacts of the proposed middle¡ connection (Saddlebroolc Drive). If after reviewing this Information, the Soard would like additional detaB on any Item outlined above, please let me know. SUBMITTED: Dennis J. Murphy, AICP Community Development Dírector DJM RESERV18(H) cc: County Administrator Asat. County Admin. County Atto~ Asat. CoJ'nrnua1ty Dav. Director Public Works Director . County Engineer Road & Bridge Manager Scott Morton ST. 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 St. 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 is, 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 wit~ the Westerly Line of the Plat of G. p. 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 North Line of Said Section ,23; Thence North 89 degrees 23'16" East, along Said North Line of Section 23, aDJstance 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 00'1'5" 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 of Intersection with the Proposed Westerly Right-of-. way Line of the Proposed 1-95 Interchange; Thence Southerly along Said Proposed Right-of-way the Following Courses and Distances; Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a Radial Line Bears South 47 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" W9st, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 621.42 Feet; Thence So~thwesterly 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 149.35 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 Compound Curvature of a Curve Conc~ave. to the Southwe~t, 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 Une 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" 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, recorded 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 1 C, 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 scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Please call 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 1 B pt type for heading No smaller than 2 colum n 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 GROWTH. MANAGEMENl BOARD OF COUNTY COMMISSIONERS _.... __ . ".... ~--.Nt';¡'.. ' '.~ ,."" .::';.. _ ", J' . "!"" .~, ", I... . .. . a ~- 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 oUbe Intenectlon oflntentate 9S and Reserve Boulevard. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE 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, 2300 Virginia Avenue, Fort . Pierce, Florida. All interested persons will be give~ 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 these 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 decision 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 swom 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. Anyç>oe 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.O.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. I . DOlJG COW ARD. District No.2. MULA A. LEWIS. District No.3· FRANNIE UUTCI-I1NSON. District No.4 . CHRIS CRAFT. District Nil. S County Administrator· Douglas M. Anderson Website: www.co.st-lucieJl.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 (SOO) 344-TGIF FAX: (772) 462-2132 RESOLUTION NO. 06- 316 A RESOLUTION AMENDING RESOLUTION NO. 04- 081, WHICH RESOLUTION AMENDED RESOLUTIONS 89_73,91-228,93-061,93-125,95-195,97-023,97- 086 and 98 -100, APPROVING A CORRECTEQ 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: 1. Callaway Land & Cattle Company has filed a Development of Regional Impact Application for Development Approval with St. Lucie County, Florida and the City of Port St. Lucie, Florida, in accordance with Chapter 380.06, Florida Statutes. 2. Callaway Land & Cattle Company oriQinallv 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 the real property legally described in Section B below, located in St. Lucie County and the City of Port St. Lucie, all located in the State of Florida. 3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie 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. 4. On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of which due notice was published in the Ft. Pierce News Tribune, and recommended to this Board that the Development Order approval for the Development of Regional Impact known as The Reserve, be granted. 5. 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. 6. At this public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, December 20, 1988. 7. On Tuesday, December 20,1988, the Board of County Commissioners removed from the table, the request of The Reserve Development of Regional Impact, for Development Order approval. 8. The Board of County Commissioners of St. Lucie County, has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition S'tF'ilte TkF'BII!R is for deletion Previously stAolsk tllrawgR portions in Res. 04-081 have been deleted Page 1 9. On December 20, 1988, the Board adopted Resolution No. 88-357, effective December 28, 1988, granting development order approval to The Reserve. 10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the County's Development Order to the Florida Land and Water Adjudicatory Commission. 11. In March of 1989, representatives of the new project developers and the Treasure Coast Regional Planning Council reached a settlement in regard to the items under appeal and the amended Development Order, resolution 89-73, reflects that settlement. 12. On March 14, 1989 this Board granted approval to Resolution 89-73, effective March 21, 1989, which amended the approved Development Order for the Development of Regional Impact known as The Reserve, and at the same time repealing Resolution 88-357. 13. On November 12, 1991, this Board granted approval to Resolution 91-228, which amended Condition Number 55 of Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 14. On January 22,1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes for a second amendment to Resolution 89-73. 15. On May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a second amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 16. On July 27, 1993, this Board granted approval to Resolution 93-125, which provided for a third amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 17. At the time Resolution 93-061 was approved by the Board, the approval was conditioned upon the applicants, Callaway Land Cattle Company, filing with St. Lucie County, The Florida Department of Community Affairs and the Treasure Coast Regional Planning Council a Notification of Proposed Change to a Previously Approved Development of Regional Impact for the purpose of reviewing the upland/wetland mitigation, transportation and any other related conditions effecting the development of this project by November 23, 1993. The Notification of Proposed Change was to include the comments/issues presented at the developer's pre-application meeting held with the Treasure Coast Regional Planning Council on November 18, 1992 from which there had not yet been any official filing of proposed amendments. 18. On May 25, 1993, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes for a fourth amendment to Resolution 89-73. 19. On September 21, 1995, the St. Lucie County Local Planning Agency/Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St Lucie News and Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Stpihe TIoIPBWglol is for deletion Previously stFUsk tl=lrellgh portions in Res. 04-081 have been deleted Page 2 the Tribune on August 17, 1995 and August 31, 1995 on the proposed amendments to Resolution 89-73, as previously amended. 20. On October 17,1995, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995 and September 26, 1995 on the proposed amendments to Resolution 89-73, as previously amended. 21. On October 17, 1995, this Board granted approval to Resolution 95-195, which provided for a fourth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve. 22. On May 17, 1996, the Florida Department of Community Affairs filed with the Florida Land and Water Adjudicatory Commission a Notice of Appeal of the approved Amended Development Order for the Reserve (FLWAC Case No. 96-010). 23. On December 16, 1996, the Florida Department of Community Affairs and the developers of The Reserve, Callaway Land and Cattle Company, Inc., entered into a Settlement Agreement for the purpose of addressing the issues raised under the Department of Community Affairs appeal of the approved Amended Final Development Order for The Reserve (Resolution 95-195). 24. On January 23, 1997, the developers of The Reserve, Callaway Land and Cattle Company, Inc., requested that the Board of County Commissioners consider an amendment to the Amended Final Development Order for the Reserve (Resolution 95-195) based on the settlement agreement with the Department of Community Affairs on their appeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195). 25. On February 4,1997, this Board granted approval to Resolution 97-023, which provided for a fifth amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments, that were based on the settlement agreement between the Callaway Land and Cattle Company and the Department of Community Affairs on the Department of Community Affairs appeal of the Approved Amended Final Development Order for The Reserve (Resolution 95-195) and further that the proposed amendments did not constitute a substantial deviation to the original Development Order. 26. On May 5, 1998, Callaway Land and Cattle Company filed a Notification of Proposed Change to an Approved Development of Regional Impact. pursuant to Chapter 380.06(19), Florida Statutes for a sixth amendment to Resolution 89-73. 27. On August 18,1998, this Board granted aÞÞroval to Resolution 98-100, which provided for a sixth amendment to Resolution 89-73, the apÞroved Development Order for the Development of Regional ImÞact known as the Reserve. 28. On August 22,2003, Reserve Homes, Ltd.. L.P.. filed a Notification of Proposed Change to an Approved Development of Regional Impact Þursuant to Chapter 380.06(19), Florida Statutes. (NOPC) for a seventh amendment to Resolution 89-73 to. among other things. amend the DRI Development Program to be as follows: 3,200 residential units; 500,000 SQuare feet of industrial space; 290.000 SQuare feet of retail SþQce; 100,000 SQuare feet of office space; 250 hotel rooms; 4 golf courses with Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Stl'il18 Tkl'IY!Jk is for deletion Previously stFYsk tRFeygtt portions in Res. 04-081 have been deleted Page 3 accessory buildings. aRa a I'assive aRa al'l aetive reerestiel'l srea v;kiek l'I'\at iReltlae: BsseBslI sl'la I'I'\tl1til'l:Ir;ese fielðs: el'erstieRal effiees: v;eleel'l'\e eeRtel': I'sl'ldl'lg fer 7130 '¡ekiele!: sRa s ekilarel'l' s tea", SI'el't5 trsiRiRg eel'ltel': eR al.!.. seres. The NOPC also amends the boundary of the DRI to eliminate 10 acres from the DRI. 29. On April 20. 2004. this Board held a public hearinQ. of which due public notice was published in the Port St. Lucie News and the Tribune on April 9. 2004. on the proÞosed amendments to Resolution 89-73. as Þreviously amended. On Deeel'l'\Ber é, 2909 October 3. 2006. this Board held a Dublic hearina. of whi~h ~ublic notice was Dublished in the Tribune on SeDtember 18.2006. ~ Tke Besl'a Belie'/e! tkat sl'I're'¡il'lg tkis seveRtk sl'l'\el'la"'eRt te tke .*.l'I'\eRaea FiRsl De'¡elel'l'I'\el'lt Ol'ael' fer Tke Reserve is il'l tke Best il'ltel'est ef the I'I:IBlie kesltk, safety aRa I'tlBlie v;elfsl'e ef tke eitizeRs ef St. Ltleie eetlAty, Fleriaa, sl'la ftlrtkel' that tke I'l'el'esea al'l'\eRal'l'\el'lts ae Ret eel'lstitl:lte a StlBstsRtisl ae'¡istieR te t"'e erigil'lsl De'lelel'l'I'\eRt el'ael', ss al'l'\eRaea. 32 i- The Board of County Commissioners continues with the following amended FINDINGS of FACT and CONCLUSIONS of LAW with regard to the Application for Development Approval as cited in Resolution 89-73: AMENDED FINDINGS OF FACT A. The proposed Development is not in an area of Critical State Concern as designated pursuant to the provisions of Chapter 380.06, Florida Statutes. B. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located. C. 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. D. On August 25, 1995 the Treasure Coast Regional Planning Council issued Q 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. E. On June 4, 1998 the Treasure Coast Regional Planning Council issued Q 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 the Final Development Order for the Reserve would not constitute a substantial deviation to the previously approved Development Order. F. The Treasure Coast Reaional Planning Council has advised the County that it haEJ~ reviewed the corrected seventh amendment NetifiestieR ef Prel'esea ''''sl'lge te a Pl'e';iel:lsly AI'I'l'evea De\'elel''''eRt ef RegieRal II'I'\I'set fer t"'e Reserve DRI, filea, t.tlgl:lst 2093. pursuant to Chapter 380.06(19)(f)(4). Florida Statutes. and determined that the proÞosed changes to the Final Development Order for the Reserve DRI would not create sianificant regional imÞacts not previously reviewed. Resolution No: 06-316 A-R Sep.2006 Draft SinQle Underline is for past addition Double Underline is for addition Stl'Uts Thl'Bygh is for deletion Previously swsk tRFBlIgR portions in Res. 04-081 have been deleted Page 4 G. The proposed Development is consistent with the local comprehensive plan, development laws and regulations of St. Lucie County. .I:It As part of the seventh amendment to the previously approved Development of Regional Impact known as The Reserve it is acknowled ed that the develo er has submitted a com rehensive air uali computer modelina study that demonstrates that State and federal air Quality standards have been met. and which does not identify any exceedances reQuirina carbon monoxide monitorinQ or abatement. I. In the seventh amendment to the previouSly approved Development of Re9ional Impact known as The Reserve. filed on August 22. 2003. Reserve Homes. Ltd.. L.P.. included a proposal to amend the master site plan for the Reserve DRI to include a general purpose around connection/roadway between a portion of the Sable Creek Subdivision and the property to the south of this site. As part of the April 20.2004. public hearina on the Notice of Proposed ChanQe (NOPC). Reserve Homes. Ltd.. L.P.. withdrew from the application all proposed amendments to the pro iect that involved the reconfiguration of any ~rt of the overall pro ¡ect site alan that would have arovided for the construction of any aeneral _urpose access connection into the areas south of the PGA Reserve. except that Reserve Homes indicated that they would. consistent with the reQuirements of the PGA Villaaes Final Development Order. maintain an emerQency only connection that would be available to any local public safety authorities should it be needed to address emeraency conditions. J. The aDDlicant has Qoreed to withdraw the reauest for Parcel 38 and not refile the reauest in the future. K. SU~Quent to the ADril 20. 2004 Dublic hearina. the staff of the Treasure Cost Reaional P;Q~~~ ~;i~7:~~C~UD;';' ~aff that the r,cords of the Rr.¡Iional Plannino Çouncil refl~cted that o~ ' '-;;: ~~ "';; . .~~~Ioaer. the Cou[ICiI hød not complet,d its revi"", of the Droposed NOPC OS r Qui do: sa e It. Council staff recommended that the County not render Resolution No 04- 081 to the DeDartment of Community Affairs. L.. The R:~io~~ì Pla~nina Council has also determined that the Master Plan (MOD H) that was Drovided ~ith ~he A~au;t 22. 2003 NOPC lacked details and is unacceDtable. An UDdated master Dlan (~:~ i.§~~~ ~:,.~:s oreserved uolands. wetlands ond rl'< uired buffers and that is consisteD! iD s I. 0 01 I the Master Plan attached to Resolution No. 98-100 must be submitted and included in the amended develoDment ordet::, M. The orioinal Resolution No 04-081 was recorded in OR Book 2270 at Daoe 1483-1549 in the P~:liC R~c~~~~;6 S:~ L~cie County. The County did not render oriainal 04-081 because subseQuent to ~~: A~rll 2- 2 4 ~rlna but before the County rendered Resolution No. 04-081, the County received d _d:~~~~~:::~::hr~ ~he s~~tement in ParaoraDh 150: the orioinal ~esolution.No. 04-081 that "(t)he ~ve.: . e e a minimum of 490 acres of native uDland habitat...· was Inaccurate. In addition. e R ~~o~~ï Pïanni~~ Council has reQuested other chanoes which are incorDorated in this resolution. ~. The Board believes that approving this corrected seventh amendment to the Amended Final Development Order for The Reserve is in the best interest of the public health. safety and public Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Strilte TkF'llIgR is for deletion Previously stl'\lGk thrsygh portions in Res. 04-081 have been deleted Page 5 welfare of the citizens of St. Lucie County. Florida. and further that the proposed amendments do not constitute a substantial deviation to the original Development Order. as amended. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOl.VED by the Board of County Commissioners of St. Lucie County, Florida: A. That in a public meeting, duly constituted and assembled on the 20th day of April. 2004. Deee"'Ber 6, 290§ October 3. 2006, Resolution No. 06-316 which amends Resolution 04-081. 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: APPLICATION FOR DEVEl.OPMENT APPROVAl. 1. The Reserve Development of Regional Impact Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval, as modified by Development Order conditions, is a condition for approval. For the purpose of this condition, the Application for Development Approval shall include-the following items: a. Application for Development Approval dated July 9, 1987; b. Supplemental information dated December 3,1987; June 15, 1988; July 22,1988; July 29,1988; and August 12,1988; and c. Materials dated September 28, 1988; September 30,1988; and October 6,1988, which were received by the Treasure Coast Regional Planning Council after the formal Development of Regional Impact Application for Development Approval review process was terminated by the applicant and local public hearings had been scheduled. d. Notice of proposed change dated May 25, 1993. e. Materials submitted January 31, 1994, August 5, 1994, and February 3,1995 with the Notice of Proposed Change/Substantial Deviation ADA for the substantial deviation determination. f. Notice of Proposed Chanae filed May 5. 1998. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'ihe TIoII"8\:1gA is for deletion Previously stFl:Isk tRFÐWgR portions in Res. 04-081 have been deleted Page 6 ~ Notice of ProÞOsed Change dated AU9ust 22.2003. Resolution 89-73. as DreviouSly amended. is hereby amended to reflect that based upon the new analysis and conditions setforth in this amended DeveloDment Order. the following conditions (from Resolution 98-100) are beina deleted and/or amended: Paraaraphs 5.15. 46. 47.52.53. 53A. 538. 54. 55A. 558. 55C. 56. 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 followin9 conditions from Resolution 98-100 have been determined satisfied: Paraaraphs 5. 52. 53. 54a. 54b. 55A. 558. 55C. 56. 59b. 60b-2. 60b-3. 64. 668-d. 72. 73 and 77. COMMENCEMENT OF DEVELOPMENT 2. 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 a structure (other than a mobile home) on a 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 buildout dates and phasing buildout dates reflected in the ADA are extended four years. Termination Date: This development order shall terminate 24 years from the effective date of Resolution 89-73, (March 21, 2013). Any final development plan approvals not yet received at the completion of this 24 year period will be subject to further review under the provisions of Chapter 380.06, Florida Statues, or as subsequently amended. AIR 3. 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 areas are undertaken within 30 days of completion of clearing work. During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer to the satisfaction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental Regulation. 4. During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'ihe TAF'8t1gA is for deletion Previously stFUsk ttlrsl:I9t:1 portions in Res. 04-081 have been deleted Page 7 be undertaken and implemented by the developer to the satisfaction of the City of Port St. Lucie, St. Lucie County, and the Florida Department of Environmental Regulation. HISTORIC AND ARCHAEOL.OGICAL. SITES 5. 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 Historical Resources in the Florida Department of State. Proper protection, to the satisfaction of the Division, shall be provided by the developer. HABITAT, VEGETATION, AND WIL.DL.IFE 6. Wetlands 1,4,5,6, 10, 15, 16,26,33,38,39,52,61, 61A, 618, 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 (a.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 included in 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 later than six months after South Florida Water Management District accepts certification of the surface water management system for the fourth (4th) Reserve Golf Course (PUD II). Viability and maintenance shall be assured by deed restriction, good development and drainage design plan which will include quality control measures based on South Florida Water Management District's best management practices. Assignment of future preservation and maintenance responsibility shall be to an entity approved by the South Florida Water Management District or designated in Rule 9J-2.041 (9), FAC. This assignment shall occur prior to build-out of the phase in which wetlands occur. Adverse impacts that occur due to factors within the developers' reasonable control, to any of the identified wetlands prior to build-out of this project shall be the responsibility of the developer to repair. Any restoration conducted pursuant to this condition shall be completed in consultation with, and in a manner approved -by, the South Florida Water Management District and/or the US Army Corps of Engineers based on consultation with Florida Game and Freshwater Fish Commission to ensure that preserved wetlands are not adversely impacted. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'ihe Tkf'BlIgk is for deletion Page 8 No building permits or certificates of occupancy shall be issued for any part of the Reserve Development of Regional Impact after the effective date of this development order (the earlier of two dates if separate development orders are issued by St. Lucie County and the City of Port St. Lucie), until: 1. the ditch connecting wetland 618 to the C24 outfall route has been plugged up to the rim of the wetland; and, 2. 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. 7 A. 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. 78. 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. K Wetlands 33 and 65 have been eliminated in violation of Develoement Order Condition 6. No ~~r¡he~ ~~l~i::;;;:t~ :h~1I be issued until the wetlands have been reelaced to the satisfaction of St. c'e 0_.. _ T ~asure Coast ReQional PlanninQ Council. Wetland reestablishment shall be ~:O;i~:~ ~~-~:~ ar~~.;haíl not. result in t~~ eliminati~n of natural ueland habita~. The wetlands shall be 1~~: ' ¡;:'.~:- ße ,peele. COmpoSitIOn. f"""tlon olld value. Documentotlon of apDroval that the d _L__r __s __meleted the reQuirements of the condition shall be rendered in writino bv St Lucie Countvand the Treasure Coast Reaional Plannina Council. 8. No final planned development or plat approvals shall be issued after January 1, 1994 until one of the following actions have been completed: a. The developer has completed, to the reasonable satisfaction of the South Florida Water Management District, the creation of 50.0 acres of wetland habitat in mitigation for wetland habitat already destroyed on this project and previously required to be mitigated by South Florida Water Management District; or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and South Florida Water Management District, to St. Lucie County, or another entity acceptable to St. Lucie County, and South Florida Water Management District, 50.0 acres of upland habitat; or c. The developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and St. Lucie County. If the developer chooses to meet all or part of this responsibility by creation of wetland habitat, then the continued viability and maintenance of this habitat shall be assured by deed restriction, good development and drainage plan design, and assignment Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Stf'ilte Tkf'BlIgk is for deletion Page 9 of future preservation and maintenance responsibility to any entity approved by South Florida Water Management District prior to build-out of the phase in which the created wetland occurs. If the developer chooses to meet all or part of this mitigation responsibility by dedicating upland habitat as in option (b) above, such lands shall be transferred with restrictions that require their preservation as nature habitat area. Such lands shall not be credited towards the requirement that the Developer preserve 25 percent of the upland habitat on site, pursuant to Condition 15. d. Any wetland habitat creation permitted under this condition (8) shall be completed by the earlier to occur of January 1, 1994 or the issuance of final PUD or plat approval for the two 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. 9. No Final Planned Development or plat approval shall be issued after January 1, 1995, until one of the following has been completed: a. The developer has completed, to the reasonable satisfaction of the South Florida Water Management District, the creation of wetland habitat as required by South Florida Water Management District Permits (above and beyond any wetland habitat created pursuant to the previous recommended condition), in mitigation for wetland habitat already destroyed on this project site; or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and the South Florida Water Management District, to St. Lucie County, or another entity acceptable to St. Lucie County and South Florida Water Management District, additional upland habitat acceptable to South Florida Water Management District (above and beyond any upland habitat deeded over pursuant to the previous conditions); or c. The developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and St Lucie County. d. In the event developer has been unable to complete the creation of the required additional acreage of wetland habitat as described in (a) above on or prior to January 1, 1995, it may post a security for its completion of performance. The form and content of the instrument providing said security shall be subject to the approval of St. Lucie County and shall include a sufficient amount of non-disturbed quality upland habitat acreage, as described above, equal to the acreage of wetlands which have not yet been created in accordance with (a) above. Such habitat posted in accordance with this section shall be released by the acre in exchange for each acre of wetland habitat subsequently created by the Developer in furtherance of his satisfying the condition Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'iI,e TkF'8l1gk is for deletion Page 10 set forth in 9(a). This procedure shall be deemed to satisfy the conditions required for issuance of final planned development, plat approvals or building permits after January 1,1995. But under no circumstances shall planned development or plat approval be issued after January 1, 1997 without completion of wetland habitat as described in (a) above. e. 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. 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. 10. Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the South Florida Water Management District prior to wetlands mitigation required by this D.O. occurring on site. As a minimum, the Master Plan shall set forth: a. The general criteria for construction and maintenance of wetland habitat; b. identify the location of all proposed mitigation relative to preserved wetland and upland systems, the surface water management system, and development; c. provide for a mitigation, monitoring, and maintenance program; and d. include a justified estimate of total cost of implementing the proposed mitigation and monitoring program. To be approved, mitigation plans must be found to fully replace the functions and values provided by exempted wetlands that have been or will be eliminated. Reasonable assurance of financial and institutional ability to carry out the commitments included in the approved mitigation plan may be provided by anyone or combination. of the following: a. a surety bond in the amount equal to 125 percent of the cost estimate for implementing the approved mitigation and monitoring plan; b. performance guarantee to St. Lucie County and/or the City of Port St. Lucie as part of a project construction guarantee, provided the guarantee adequately covers costs; c. cash bond or letter of credit from a financial institution; d. escrow agreements which include money, land, or improvements; and, e. performance prior to wetland loss only applies to mitigation for wetlands not yet destroyed. The specific form and adequacy of the guarantee shall be subject to approval by St. Lucie County, if mitigation occurs within the County, or the City of Port St. Lucie and the TCRPC, if mitigation occurs within the City. Financial guarantees shall not be released for any portion of the project until work is completed, inspected, and approved in writing by the South Florida Water Management District. The annual report shall include a summary of wetland mitigation accomplished pursuant to the approved master plan. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Strihe TAr8t1gk is for deletion Page 11 A copy of the approved Mitigation Master Plan will be provided to Treasure Coast Regional Planning Council. 11. Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved or restored on the project site. Wells in the shallow aquifer shall not be located within 300 feet of any wetlands which are preserved or restored on the project site. Any exceptions to this condition must be approved by the South Florida Water Management District on the basis of soil or other data showing that water table elevations within preserved wetlands would not be adversely affected. A copy of any South Florida Water Management District permit or other consent addressing this condition will be provided to Treasure Coast Regional Planning Council. 12. To help assure that maintenance or implementation of predevelopment hydroperiods occurs within the preserved and restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to wetlands prior to routing of any excess runoff to lake systems. Control elevations shall be established consistent with the intent to maintain or improve predevelopment hydro periods within all wetland areas. The South Florida Water Management District must approve the routing of runoff and control elevations as shown on the final drainage plans to achieve the intent indicated above. Copies of the South Florida Water Management District construction permits will be provided to Treasure Coast Regional Planning Council. 13. The developer shall preserve and maintain a buffer zone of native upland edge vegetation around all preserved, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Management District. The buffer zone shall include a canopy, understory, and ground cover of native upland species including saw palmetto, wiregrass, galiberry, Lyonia, or other upland species subject to approval of the TCRPC. The upland buffer may include slash pine and wax myrtle, but these species shall not be used in determining the location of the boundary between the wetland and upland. The buffer zone requirements of preserved or created wetlands for listed species shall be in accordance with the Florida Game and Freshwater Fish Commission guidelines as contained in the Florida Administrative Code, as of the time that the buffer zone is developed. The requirements of the upland buffer shall include a total area of at least ten square feet per linear foot of wetland, except where an expanded upland buffer has been required for protection of the Sandhill Crane as recommended by the Florida Game and Freshwater Fish Commission (provided for under the approved management plan referenced herein, and attached hereto and made a part thereof as an exhibit) and be located such that no less than fifty percent of the total shoreline is buffered by a minimum width of ten feet of upland habitat. Upland buffer shall be clearly delineated, and roped off prior to any land clearing within 200 feet of any wetland to be preserved or restored. 14. No further land clearing or development activities shall take place on the Reserve DRI until: a. the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife Service approve a management plan for protection and management of the Red- cockaded Woodpecker; and, Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition 6t,ilte Tk,sl:Igk is for deletion Page 12 b. St. Lucie County is notified in writing that the management plan is approved. The management plan shall provide for the permanent preservation of any colony sites deemed necessary by the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service. Each preserve colony site shall be no less than ten acres in size and have boundaries no less than 200 feet from all existing cavity trees within the preserve. The Preserved colony sites may be irregularly configured and should include the best habitat for the Red-cockaded Woodpecker contiguous with the colony. The Developer shall not develop the underland or understory within the Preserve area. The plan shall also provide for sufficient foraging opportunities within one-half mile of the colony site to meet the recommended criteria set by the United States Fish and Wildlife Service Red-cockaded Woodpecker Recovery Plan. The plan must also include a monitoring program to 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. 15. The developer shall kes 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 as depicted on the referenced Exhibit "C" which is to be kept on file with the St. Lucie County Community Development Director. Native upland habitat preserved and protected by deed restrictions pursuant to wetland buffer zone requirements and upland habitat required for the protection of species of special regional concern, including the Red-cockaded Woodpecker colony sites and Sandhill Crane upland buffer, may be counted toward meeting this minimum requirement. The balance of this preserved acreage may be 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 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). Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'il~e TIoIF'BlIglol is for deletion Page 13 CeAsisteAt with "he sppliesBle leesl geverAmeAt se\'elep",eAt regl::.IIstieAs, S pertieA ef the reerl:tires I:IplsAS preservstieA set ssise may Be met B't the erestieA ef I:tplSAS hSBitst VJithiA the PGA '.'iIIsge DIU Bl:tffer sres sleAg the westerA perimeter ef the prsjeet ss sepietes SA the PGA ViIIsge DIU mester pISA. The Bl:tffer sres shsll Be s miAiml:tm ef 290' iA v;isth, sversge 900' SAS S msximum 1,000' iA wisth, ~Je se'¡elepmeAt shsll eeel:tr v;ithiA this sres. The Bl:tffer sres shsll Be plsAtes iA Asti'/e vegetstieA iA eeAjl:tAetieA VJith SA'I se'¡elepmeAt ssjseeAt te thst sres. The seveleper shsll pre'/ise e'/iseAee ef spprevsl frsm FPL ts plSAt iA sA'Isres v;ithiA the FPL right sf Wf£(. The Bl:tffer shsll Be eeAsiseres SA spprevesuplsAS mitigstieA site fer meetiAg I:tplsAS preservstisA reerl:tiremeAts. The mitigstisA rstis fsr replsAtiAg the Bl:tffer v;ill Be Ui ts 1. ,~.A'" sress uses v;ithiA the PGA '¡illsges DRI ss s reeei'¡iAg sres fer SA'I releestesl:tplsAs hSBitst frsm the Resep'''¡e DRI shsll Ast Be eeuAtes ss psrt sf SA'I reeruiresl:tplsAs hSBitst preser':e fer the PGft. ViIIsges DRI. Exhibit "C", a copy of which is to be kept on file with the St. Lucie County CemmuAity DevelepmeAt Growth Manaaement Director. iseAtifies shall identify the minimum 490 acres preserved pursuant to this condition, 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, shall be established by the developer through permanent deed restrictions, The annual report shall also include copies of deed or other restrictions assuring preservation of native upland habitat acreage. PertieAs ef the reeruisite 490 seres ef I:tplsAS preserve leestes iA the City eSA Be Elevelspes SAS effiste uplsAs hSBitst prs'lises. 16. Prior to commencement of clearing activities on any portion of the Reserve site, the Developer must survey for gopher tortoise burrows. Protecting in situ, or relocation into a suitable on-site preserve is required before development of the parcel surveyed. If gopher tortoise burrows are found, any Florida mouse, gopher frog, and Eastern Indigo snake found shall be provided for as well. The plan for protection of these species shall be reviewed and approved by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. After approval of the plan, specific parcels may be cleared and developed subject to compliance with the methods and procedures stated in the plan without further approval. The 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: 06-316 A-R Sep.2006 Draft Single Underline is for past addition Double Underline is for addition ¡trills TAr81:1§k is for deletion Page 14 17. As a minimum, the Developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes. One of these areas shall include wetlands 80, 81, and 83 and associated buffers (as identified in Map H). 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 shall, after consultation with the Florida Game and Freshwater Fish Commission, provide a species and habitat management plan by March 5, 1997, as referenced herein at DO conclusions of law and attached hereto as Exhibit 8- A. A detailed site plan delineating the areas required by this condition shall be attached hereto and made a part of hereof. These wetlands areaS shall be depicted on Map H as preserve areas consistent with Conditions +e. 2- and 13; Management of the non-golf course portions of the buffers and the wetlands shall be pursuant to recommendations of the Florida Game and Fresh Water Fish Commission. During the months of December I, to April 30, no construction within 300 feet of any preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane nests. In the event that active nests are found, construction shall not occur until July or 90 days after the eggs hatch, whichever occurs first. Construction of these areas during the months and days indicated may proceed based in coordination with the Florida Game and Freshwater Fish Commission. 17 A. The application of pesticides, nematicides, and fungicides to the golf courses and other areas at The Reserve shall be done only in accordance with the applicable product label instruction, shall be applied only by, or under the supervision of, State of Florida licensed applicators, and shall be applied pursuant to the Integrated Pest Management Plan, attached hereto, and as it may be amended from time to time with the approval of the Florida Department of Agriculture. 18. Prior to further development activity, the developer shall provide the Treasure Coast Regional Planning Council with a letter assuring that access will be allowed to The Reserve Development of Regional Impact in perpetuity for the purposes of monitoring compliance of the project with conditions set forth. 19. In the event that it is determined that any additional representative of a plant or animal species of special regional concern (as defined in the Treasure Coast Regional Planning Resolution No: 06-316 A-R Sep. 2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'i118 T-1'IF'8I:1glol is for deletion Page 15 Council Assessment Report for The Reserve Development-of Regional Impact) is resident on, or otherwise is significantly dependent upon, The Reserve Development of Regional Impact property, the developer shall cease all activities which might negatively affect that individual population and immediately notify both the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. Proper protection, to the satisfaction of both agencies, shall be provided by the developer. 20. Concurrent with construction in any phase of the development, all Melaleuca, Brazilian Pepper, and Australian Pine which occur within that phase shall be removed. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shall be no planting of these species on site. DRAINAGE 21. The developer shall design and construct the stormwater management system to retain the maximum volumes of water consistent with providing flood protection. The system shall be designed and constructed to retain or detain with filtration, as a minimum, the first 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. All discharges from the surface water management system shall meet the applicable water quality standards as established by the Florida Administrative Code. Completed construction pursuant to a valid South Florida Water Management District construction permit for a stormwater management system shall constitute compliance with this condition. 22. The developer shall design and construct the surface water management system such that maintenance of normal hydroperiods within restored, preserved, and created wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and 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 Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition S"tF'il'B TI'IF'8I1gl'1 is for deletion Page 16 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 hydro period. Clearing of the land in a development area or drainage basin shall not begin until plans are approved by the appropriate agencies for the development area or drainage basin. Treasure Coast Regional Planning Council will be provided copies of any construction permits issued by South Florida Water Management District. 23. The developer shall berm and swale or otherwise design and construct the golf course storm water management systems to retain the first one-half inch of runoff from a one-hour, three-year storm event, prior to discharge of excesS water to wetland habitats. 24. Maintenance and management efforts required to assure the continued viability of preserved and created wetland littoral zone and upland habitats and the proper operation of all components of the surface water management system shall be the financial and physical responsibility of the developer. Any entities subsequently approved by St. Lucie County or the City of Port St. Lucie to replace the developer shall be required, at a minimum, to assume the responsibilities outlined above. All golf course irrigation systems shall be designed in such a manner as to allow for a minimum 100 foot separation from any existing or proposed potable water well, (ref FAC 17-6.040(4)(q». Should the waste treatment system not meet the standards of a Class I reliability, then this minimum setback shall be 500 feet. 25. The developer shall establish a vegetated and functional littoral zone as a part of the surface water management system of lakes. Prior to construction of the system for each development area or drainage basin of the project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan shall: a. include plan view and site location; b. include typical cross sections of the surface water management system showing the average water elevation after taking account the effects of wellfield pumping and irrigation withdrawals on the lake system and the -3 foot contour (Le., below average elevation); Resolution No: 06-316 A-R Sep.2006 Draft Sinole Underline is for past addition Double Underline is for addition Stl'ihe TI'I1'81:tglol is for deletion Page 17 c. specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting or mulching to be provided; and d. provide a description of any management monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zone. The littoral zone as established shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, ten square feet of vegetated littoral zone per linear foot of lake shoreline shall be established. - The plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the South Florida Water Management District prior to the beginning of any excavation activity. Littoral zones shall be constructed concurrent with lake excavation and final grading. Operational permits for the surface water management system shall not be issued until such time as the littoral zones have been constructed and inspected. WATER SUPPLY: POTABLE AND NONPOTABLE WATER 26. The primary source of golf course irrigation water shall be water derived from the surface water management system of lakes supplemented by surficial aquifer wells as permitted by SFWMD. 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 created on site as mitigation for wetland functions and values lost as a result of this development. At the time of water use permit issuance or renewal, the developer shall comply with applicable South Florida Water Management District rules and criteria for permit issuance, which criteria may in the future require the use of reclaimed water. The continued or proposed use of surficial aquifer wells to supply irrigation water to golf courses shall occur only as permitted by South Florida Water Management District. 27. Construction of additional golf courses beyond those already constructed shall not occur until it can be demonstrated to the satisfaction of the South Florida Water Management District that sufficient irrigation water can be derived on a sustainable basis from wastewater sources and surface water management system lakes to provide for Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'ihe TkF'8t1gk is for deletion Page 18 irrigation requirements without adversely affecting wetlands required by the Development o.rder to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. 28. All water use by The Reserve Development of Regional Impact shall be metered, whether derived from surface water management system lakes for irrigation or from wellfields servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be provided to the South Florida Water Management District and Treasure Coast Regional Planning Council as part of the annual report to be submitted by the developer as required by Section 380.06, Florida Statues. 29. To reduce the demand for irrigation water, a minimum of 30 percent of all landscaping material and 50 percent of all planted trees shall be native plants adapted to the soi I and climatic conditions occurring on site. 30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving The Reserve Development of Regional Impact shall be located such that principal land uses within. the cone of influence of such wells are open space, preserve, or residential area. In no case shall development which would use, handle, store, or produce hazardous or toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water supply well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. 31. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless approved by the appropriate state permitting authority. 32. Water-saving plumbing devices shall be required in all construction (both residential and nonresidential) to reduce potable and nonpotable water demand. These devices shall include low flush toilets and efficient faucets and shower heads to help reduce the use of potable water for these uses. 33. Rates charged for potable water use shall be structured to encourage water conservation. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition ¡trill. T-I'IF'II:I§I'I is for deletion Page 19 34. All residential water requirements shall be supplied by a common utility which shall provide water service to all existing and proposed development, except Saba I Creek Phases I, II, III and IV. 35. No final planned development or plat approval shall be issued for The Reserve Development of Regional Impact beyond construction authorized by the Development Agreement executed by the Department of 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: a. wetlands required by the Development Order to be preserved on site or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development; b. the potentiometric head òf the Floridan Aquifer, if applicable; and c. the ability of existing legal users to meet their permitted potable and nonpotable requirements. Parameters and methods of hydrologic investigations undertaken to demonstrate that a sufficient source of water is available to serve further development proposed by the developer without adversely impacting the items listed above shall be established to the satisfaction of the South Florida Water Management District. Receipt of a valid South Florida Water Management District consumptive use permit for a withdrawal shall constitute compliance with this section. 36. All residential, commercial and industrial water and sewer requirements shall be supplied by the a common utility which shall provide water and sewer service to all existing and proposed development, except Sable Creek Phases I, II, and IV, and Reserve Plantation I, IIA, and IIB, which contain lots which are in excess of the minimum requirements of one-half acre and any lots proposed within Sable Creek Phase III (56 acre parcel) providing such lots be at least one acre in size. At such time and in the event water and/or sewer lines are made available to lots contained the subdivisions referenced herein, they shall be required to hook up to the common utility service then provided by the utility company. Resolution No: 06-316 A-R Sep.2006 Draft Sinole Underline is for past addition Double Underline is for addition Stl'il1e Tkl'81:1gk is for deletion Page 20 37. 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. 38. Maintenance and management efforts required to assure the continued proper operation of all components of the central water supply system shall be the financial and physical responsibility of The Reserve Community Development District until such time as it may be conveyed to another entity. Any entities subsequently authorized to replace The Reserve Community Development District shall be required, at a minimum, to assume the responsibilities outlined above or delegate such responsibilities to another entity to the satisfaction of the City of Port St. Lucie and St. Lucie County. Appropriate plans, specifications and applications for the water plant expansion shall be submitted to the Department of Environmental Protection (DEP) upon the existing water treatment facility reaching a finishing water maximum day demand equal to 80'Yo of the DEP's rated plant capacity. Construction of the expansion shall begin before or when the facility achieves a maximum day finished water production equal to 90'Yo of DEP's approved rated plant capacity. 39. The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised November 1988, as contained in The Reserve Development of Regional Impact Application for Development Approval, shall be capped and abandoned in accordance with South Florida Water Management District criteria prior to commencement of development outside the area 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. W ASTEW ATER 40. Development shall only occur concurrently with the provision of adequate central wastewater treatment services. Prior to application for building permits for any part of The Reserve Development of Regional Impact at the beginning of each phase, the developer shall Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'ilt8 n.,sl:Igk is for deletion Page 21 demonstrate that adequate treatment facilities will exist on schedule to handle all wastewater generated from both completed and planned development. Evidence of adequate treatment and disposal capability shall be subject to approval by St. Lucie County and the City of Port St. Lucie in consultation with the Department of Environmental Protection. The central wastewater treatment system shall be expanded based on the following flow capacities (actual 3 peak month average daily): a. When flows reach 60'0 of permitted capacity, a consultant will have been chosen. b. When flows reach 70'0 capacity, appropriate plans, specifications and application for wastewater plant expansion shall be 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 95'0 of permitted capacity. 41. The existing and proposed wastewater treatment and disposal system shall be constructed or modified to produce irrigation quality water so that spray irrigation of such water will be the primary wastewater disposal method. Excess wastewater may be disposed of through percolation ponds, as permitted. 42. Maintenance and management efforts required to assure the continued proper operation of all components of the central wastewater treatment system shall be the financial and physical responsibility of The Reserve Community Development District until such time as conveyed to another entity. Any entities subsequently authorized to replace The Reserve Community Development District shall be required, at a minimum, to assume the responsibilities outlined above or delegate such responsibilities to another entity to the satisfaction of St. Lucie County and the City of Port St. Lucie. HAZARDOUS MATERIALS AND WASTE 43. Within three months of the effective date of the Development Order (the earlier of two dates if separate Development Orders are issued by St. Lucie County and the City of Port St. Lucie), the developer shall submit a hazardous materials management plan for review and approval by the City of Port St. Lucie, and St. Lucie County in consultation with the South Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition StF'iI(B TkpllIgA is for deletion Page 22 Florida Water Management District and the Department of Environmental Protection. If said approval is not obtained within six months of the effective date of the Development Order, no further final planned development approvals or plats shall be issued for any part of the project until approval is obtained. The plan shall: a. require disclosure by all owners or tenants of non- residential property of all hazardous materials proposed to be stored, used, or generated on the premises; b. require inspection of all business premises storing, using, or generating hazardous materials prior to the commencement of operation, and periodically thereafter to assure that adequate facilities and procedures are in place to properly manage hazardous materials projected to occur; c. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; d. provide for proper maintenance, operation, and monitoring of hazardous materials management systems including spill and hazardous materials containment systems; e. detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials; and f. guarantee financial and physical responsibility for spill cleanup. MONITORING AND COMPLIANCE 44. In addition to all information required by Chapter 380, Florida Statutes; by Chapter 9J -2, Florida Administrative 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 Re.solution No: 06-316 A-R Se.p. 2006 Draft Sinale. Unde.rline. is for past addition Double Underline. is for addition ¡'trille TloIrs..glol is for de.letion Page 23 c. water use data (amounts from all sources) per Development Order condition requiring metered water use sources. EDUCATION 45. From the date of enactment of this resolution, until January 1, 1989, any residential development permitted within The Reserve, shall be subject to the voluntary school assessment incorporated as a part of that unit's development approval. Effective January 1, 1989, all residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance 88-16, School Impact Fees, and as may subsequently be amended. RECREATION AND OPEN SPACE 16. The developer shall reserve a minimum of eight acres of land in four carcels no less than two acres each in size to be deeded free and clear of all liens and encumbrances to homeowners' associations within The Reserve Development of Regional Impact for the establishment of recreational facilities geared to the needs of children living within the development. Parcels shall be reserved in an arrangement that will most conveniently serve the most residents based on proximity of residential areas. Prior to the delivery of any recreational parcel to an appropriate homeowner's association. the developer shall establish a fund of not less than ,$20.000 for construction of. or construct apDropriate. recreational facilities on parcel~ to be turned over to the appropriate homeowners' association. POLICE AND PUBLIC SAFETY 47. Prior to the issuance of any building permits, in any portion of this project in the unincorporated areas of St. Lucie County, the following assessment shall be paid for the purpose of police/public safety: Residential: Single Family $ 111 per unit Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Stpilte Tkp81:tgk is for deletion Page 24 Multi-Family Office: Medical Office Financial Office Other Office Retail: 0- 49,999.9 sf $250 per 1000 sf 50,000 - 99,999.9 sf $298 per 1000 sf 100,000 - 199,999.9 sf $299 per 1000 sf Hotel/Motel $111 per unit Upon the enactment of a formal public safety (police) impact fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of that ordinance shall apply to those portions of this project, described in Section B of this resolution. FIRE PROTECTION 48. The developer shall reserve one parcel, a minimum size of two acres and configured to meet the needs of the St. Lucie County/Ft. Pierce Fire District, within the Reserve Commerce Park. This site shall be conveyed to the Fire District in a manner and time acceptable to the Fire District, if so required. Prior to the issuance of any building permits for any residential unit within The Reserve, including any hotel/motel unit, the developer shall pay to the St. Lucie County/Ft. Pierce Fire District the sum of $225 per unit to meet the fire protection needs of this development. Upon the enactment of a formal public safety (fire) impact fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of that ordinance shall apply to those portions of this project, described in Section B of this resolution. 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; comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida Statutes; and, 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. As a minimum, the developer shall demonstrate that incorporation of energy conservation measures already committed to and those measures to be incorporated by the requirement of Condition 51 below has reduced projected energy demand by 20 percent below that demand which would have occurred without incorporation of the measures. $ 99 per unit $231 per 1000 sf $506 per 1000 sf $127 per 1000 sf b. c. Resolution No: 06-316 A-R Sep.2006 Draft Sinole Underline is for past addition Double Underline is for addition StF¡he TkF81:1gk is for deletion Page 25 50. The developer shall incorporate each of the 17 energy saving methods outlined in the ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment Report for The Reserve Development of Regional Impact unless it can be demonstrated to the satisfaction of the Treasure Coast Regional Planning Council that individually each method is not cost effective. TRANSPORT ATION 51. In the event the Developer decides to increase the amount of permitted uses within the Proposed Development. the Developer shall include in an application for PUD zoning for the PUD pod within which such chan e is contem lated an anal sis showin the ro osed chan e and how it con orms to the conversion methodologies set forth below. In addition. the DRI Annual Report shall include information indicating the cumulative number of single-family dwelling units. condominium/townhouse dwelling units. timeshare units, hotel units, office sguare footage, industrial SQuare footaae. and retail square footage that have been approved by the City and the County as of the date of the Annual Report. but in no event shall more than 50,000 SQuare feet of generalliaht industrial SQuare footaae, 25,000 square feet of office SQuare footaQe or 25. 000 SQuare feet of shoPpin9 center SQuare footage be converted to another use. The following conversion matrix shall be used to allow land use conversions within the Proposed DeveloDment: ll..in IieMI'GI ~ ~ Land Trade !.!Iht ~ Cllndlll ~ Us Qff Industroilll T_nhllUSll Hat&l Ti......h_ ~ Scneral liGht Industrial l.OOO.SE -- 1Æ2 dII tlZ. dII 1.ZQ I:I1II ~ IIIIi.U m sf ill 1 -:~i.."I.._~"...ilv lJ)!J. Z15 .sf -- ill dII 111 I:I1II ill IIIIi.U !M sf 181 1 CondolTownhousc lJ)!J. ID .sf ~ dII -- Q.ZO I:ID1 ~ IIIIi.U ill sf UM 1 HmI l&M ~ .sf o.az dII ill dII -- 1.51 IIIIi.U ffi sf Hi 1 Timeshare 1Jlni1 3.2Q .sf ~ dII ~ dII ~ I:I1II -- ill sf 2i 1 Qffi« l.OOO.SE 1ZZZ .sf tlZ. dII tli dII ~ I:I1II ti3. IIIIi.U -- m 1 -C..n1'lI!I' l.OOO.SE ill3. .sf ~ dII 2..58 dII 6.Z1 I:I1II 1Q.H IIIIi.U ZZS2 sf -- Resolution No: 06-316 A-R Sep.2006 Draft Single Underline is for past addition Double Underline is for addition S'tF'ille Tkpsl gk is for deletion Page 26 ~ Contracts shall be let within 18 months of the effective date of this amended development order (April 20.2004) to construct the following listed improvements (i and ii): i) Signalization at St. Lucie West Boulevard and I-95 West Ramps intersection: and, ill Extend the southbound right-turn lane. includina the deceleration distance: to a location 600 feet back from the STOP bar for the southbound left-turn lane. 53. No building Þermits shall be issued for development that cumulatively aenerates more than the total PM peak-hour threshold trips as indicated in Tab/e 1. listed after Number 99 6Q . until one of the listed alternative actions has occurred for each of the indicated imÞrovements. 54. As a minimum, the Developer shall pay a fair share contribution consistent with the road impact fee ordinance of St. Lucie County. 55. Beainnina two years after the approval date of this Development Order (April 20.2004) a PM peak-hour trip aeneration summary of approved development shall be provided to the County of St. Lucie on a semi-annual basis. 56. Commencina in 2004 and continuina every year thereafter. the developer shall submit an Annual Status Report indicatin9 the status (schedule) of guaranteed improvements. This Annual Status Report shall be submitted to the City of Port St. Lucie. St. Lucie County. FDOT. TCRPC and the DCA as Þart of the Development of Re9ional Impact Annual Report. The Annual Status Report shall list all roadway improvements needed to be constructed. the guaranteed date of completion for the construction of each needed imÞrovement. the party resÞonsible for the auaranteed construction of each improvement. and the form of the bindina commitment that auarantees construction of each improvement. Additionally. this report shall include the most recently provided trip aeneration summary as reQuired under Condition 55 and any land use trade-off conversions that have occurred pursuant to Condition 52 of this Development Order since the execution of the Development Order. 57. No building permits shall be issued for development that cumulatively generates more than 3153 total PM peak-hour trips or after December 31. 2005. whichever occurs later. until the indicated improvement has been included within the first five years of the adoÞted Capital Improvements Proaram for either St. Lucie County or the City of Port St. Lucie. or until the indicated imÞrovement has been included within the first three years of the Florida Department of Transportation's Adopted Work Proaram. or until contracts have been funded and let for improvements to obtain the following roadway confi9uration listed below including the aÞÞroÞriate lane geometry at the intersections. sianalization. lightina and associated improvements (j) 1 Six-lane St. Lucie West Boulevard from Villaae Parkway/Commerce Center Drive to Peacock Boulevard. This improvement includes the construction of a six-lane bridae over I-95. Resolution No: 06-316 A-R Sep. 2006 Draft Single Underline is for past addition Double Underline is for addition Stf'ilte Tkf'stlgk is for deletion Page 27 ii. St. Lucie West Boulevard at I-95 Southbound Ramps Eastbound Reserve Blvd Westbound St. Lucie West Blvd Three through lanes Three throuah lanes One right-turn lane Southbound I-95 Southbound Off-Ramp Two left-turn lanes Twå right-turn lanes iii. St. Lucie West Boulevard at I-95 Northbound Ramps Eastbound St. Lucie West Blvd Two left-turn lanes Three through lanes Westbound St. Lucie West Blvd Three throuah lanes One riaht-turn lane Northbound I-95 Northbound Off-Ramp Two left-turn lanes One right-turn lane iv. 2nd receivina lane for the I-95 Northbound On Ramp to accommodate dual eastbound left turns at the I-95 east ramps intersection. The Developer may provide for the construction of this improvement throuah a iointly funded undertakin~ amona private and/or public entities and such construction and funding shall satisfy this condition provided it is the sub iect of a binding executed developer's aareement or contract. The developer shall be entitled to receive fair share traffic impact fee credits for all desian and construction costs of this improvement in an amount consistent with any local roads impact fee ordinances or reaulations. 58. No building permits shall be issued for development that cumulatively generates more than 3153 total PM peak-hour trips or December 31. 2005. whichever occurs later. until an operational analysis of the Village Parkway/St. Lucie West Boulevard roundabout is conducted. This analysis shall be completed annually and submitted to the City of Port St. Lucie and St. Lucie County with the annual report. The operational analysis shall include monitoring of current safety and operational conditions and shall pro iect operation conditions for a three-year period. The methodoloay of such an analvsis shall be reviewed and approved by the City of Port St. Lucie and St. Lucie County. In the event that the overall operating conditions of the roundabout are pro jected to be below level of service "D" or safety deficiencies are identified. operational or aeometric improvements shall be implemented to provide level of service "D" or better. The roundabout/intersection shall be improved as necessary up to and including the intersection geometry identified in (i) below which replaces the roundabout with a Resolution No: 06-316 A-R Sep,2006 Draft Sinale Underline is for past addition Double Underline is for addition Strilt8 Tkr8t1gk is for deletion Page 28 standard intersection. Building permits shall not be issued 24 months after a need for an improvement has been identified by the operational study or pro iected until contracts have been funded and let by the Developer for the identified improvements. Such improvements may include additional turn lanes. warranted si nalization avement markin s si na e Ii htin and associated im rovements i : i) Village Parkway and St. Lucie West Boulevard/Reserve Boulevard Northbound Village Parkway Eastbound Reserve Boulevard One left-turn lane Two left-turn lanes Two through lanes Two through lanes Two-right turn lanes One right-turn lane southbound Village Parkway Two left-turn lanes Two through lanes One right-turn lane Westbound St. Lucie West Blvd Two left-turn lanes Two through lanes One right-turn lane 5.2... The Developer shall construct Villaae Parkway as soon as possible and shall minimize construction traffic at the South Gate and the Kinasmill neiahborhood. The Developer shall conduct a signal warrant analysis at the following intersections beginning January 2008. The sic;mal warrant analysis shall be continued on an annual basis until all signals are warranted. a. Glades Cut-off Road and Village Parkway. b. Glades Cut-off Road and Reserve Boulevard. The analyses shall be performed during the peak season and presented and approved by the City of Port St. Lucie and/or St. Lucie County. as applicable. The analysis may be limited to providing traffic volume counts only when agreed to by either the City of Port St. Lucie and/or St. Lucie County. as applicable. Additional certificates of occupancy shall not be issued nine months after the analysis showina a traffic signal is warranted until either (j or in: n 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 markin9s. signage. liahting and associated improvements; or. ill Within sixty (60) days after a signal is warranted. a letter of credit eQuivalent to 120'Yo of the desian and construction costs of the applicable sianal and intersection improvements shall be posted assurin9 that the applicable sianal will be installed within 12 months after the signal is warranted. Resolution No: 06-316 A-R Sep.2006 Draft Sinale Underline is for past addition Double Underline is for addition Stl"ihe TI'Il"lyglol is for deletion Page 29 60. No building Dermits 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 followin9 indicated improvement groups (1.2 or 3). 1.) Six-lane Prima Vista Boulevard from Bavshore Boulevard to U.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 imDrovements at Bavshore Drive and U.S. 1: or bl a.) b.) c.) d.) e.) f.) Resolution No: 06-316 A-R Draft g.) Four-lane West Virginia from Cashmere Boulevard to Bavshore Boulevard: and. Ei9ht-lane U.S. 1 from Walton Road to Prima Vista Boulevard: and. 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. Extend the eastbound right-turn lane to 500 feet. including taper. at Prima Vista Boulevard/ Airoso Boulevard: and. Dual northbound and southbound left-turn lanes at Prima Vista Boulevard/Floresta Boulevard: and. Extend the eastbound ri9ht-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. One southbound left/through/ri9ht lane (restriping) and one southbound right-turn lane at Prima Vista Boulevard/Rio Mar Drive: or In the event West Virginia is not continuous between Cashmere Boulevard and Village Parkwav. the following improvements shall be made at the intersection of St. Lucie West Boulevard and Cashmere Boulevard: Lucie West Boulevard and Cashmere Boulevard: h.) !l. Extend westbound left-turn lanes to 375 feet: and. f) Extend northbound left-turn lane to 450 feet: and. L) Extend eastbound left-turn lane to 525 feet at St. Lucie West Boulevard/Bavshore Boulevard: or 3.) a. Four-lane West Virginia from Cashmere Boulevard to U.S. 1: and Sep.2006 Sinale Underline is for past addition Double Underline is for addition St..UtS Tk"slI§k is for deletion Page 30 b. In the event West Virainia is not continuous between Cashmere Boulevard and Villaae Parkway. the followina 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 d. Extend westbound riaht- turn lane to 475 feet at Prima Vista Boulevard/Floresta Drive e. Extend the followina lanes at US I/Prima Vista Boulevard: 1) Northbound left-turn lane to 725 feet; and. 2) Southbound riaht-turn lane to 750 feet Alternative Actions: ~ HJ Q Contracts have been let to construct the indicated improvements; or. The indicated improvement has been included within the first five years of the adopted Capital Improvements Proaram for St. Lucie County or the City of Port Sf. Lucie. or the first three years of FDOT's adopted Work Pr09ram; or. An analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The analysis shall also identify the new improvement(s) and new trip and date thresholds when such improvementCs) will be needed. The methodoloav for such analysis and the study results shall be provided to the Treasure Coast Re9ional Plannina Council (TCRPC) and the FDOT for review and shall be approved by the Department of Community Affairs (DCA). Prior to the redefined threshold being reached. the improvement shall be let for construction or shall be pr09rammed for construction within the first three years of the Capital Improvements Proaram for the City of Port St. Lucie or St. Lucie County or FDOT's adopted Work Proaram; or. ~ An applicable lower level of service has been adopted by the maintaining aaency and an analysis has been conducted that demonstrates the indicated improvementCs) are not Draft Resolution No: 06-316 A-R Sep. 2006 Sinale Underline is for past addition Double Underline is for addition Strihe n'SI:I!" is for deletion Page 31 needed. The analysis shall also identify the new improvement(s) and new trip and date thresholds when such improvement(s) will be needed. The methodoloav for such analysis and the study results shall be provided to the Treasure Coast Regional Planning Council (TCRPC) and the FDOT for review and shall be apÞroved by the Department of Community Affairs (DCA). Prior to the redefined threshold being reached. the improvement shall be let for construction or shall be pro~rammed for construction within the first five years of the Capital Improvements Program for the City of Port St. Lucie or St. Lucie County or first three years of FDOT's adoÞted Work Pro~ram: 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 imÞrovement(s) in the long-term CMS: or. .EJ A local government development a~reement consistent with sections 263.3220 throuoh 263.3243. F.S. has been executed and attached as an exhibit to the Development Order. gJ Commencina in January of 2006 and continuina every year thereafter the develooer shall undertake an annual monitorina oroaram for Commerce Center Parkwav between Reserve Boulevard and Glades Cut-Off Road. This annual monitorina oroaram shall include two-day (Tuesday throuah Thursday) twenty-four hour (hourly recordina) traffic counts oerformed durina the months of January throuah March The develooer shall submit a letter/reDort oresentina the followina information: location of traffic counter 24-hour traffic volumes. Deak hour directional volumes. adooted level of service. adooted service volumes fo rthe adooted level of service. and existina level of service. At such time as existina traffic volumes exceed adooted service volumes associated with the adooted level of service standard. the develooer shall widen Commerce Center Parkway between Reserve Boulevard and Glades Cut-off Road to a four-lane-divided cross-section. The letter/reDort shall be submitted to the Citv of Port St. Lucie St Lucie Countv and the Treasure Coast Reaional Plannina Council for review and aooroval. No certificates of occuoancy or buildina oermits sball be issued for The Reserve DRI one year after the monitorina oroaram 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. Resolution No: 06-316 A-R Sep.2006 Draft SinQle Underline is for past addition Double Underline is for addition é'tpilte TkpBtlgk is for deletion Page 32 T~: annual monitorina Droaram shall be discontinued at such time as construction '!J' e~~~ of Commerce Center Parkwav to four lanes has commenced. or the Dro iect has been built out. TABLE I Improvement/Lane Threshold \.ocation Addition Improvement Location Total PM Trips Date St. Lucie West Boulevard and NW Eastbound St. Lucie West 3,153 12/31/05 Peacock Boulevard Second left-turn lane Boulevard St. Lucie West Boulevard and NW 3,153 12/31/05 Peacock Boulevard Second left-turn lane Southbound NW Peacock Boulevc Prima Vista Boulevard and Bayshore 3,153 12/31/05 Boulevard Second through lane Southbound Bayshore Boulevard West Midway Road and Selvitz 3,153 12/31/05 Road One right-turn lane Eastbound West Midway Road Glades Cut-Off Road and Commerce Westbound Commerce Center 3,963 12/31/07 Center Parkway One right-turn lane Parkway Northbound and Southbound 251 3,963 12/31/07 West Midway Road and 25th Street Right-turn lanes Street Extend left-turn lane to 590 3,963 12/31/07 West Midway Road and 25th Street feet, including taper Eastbound West Midway St. Lucie West Boulevard and Northound and Southbound 3,963 12/31/07 California Boulevard Second through lanes California Boulevard Prima Vista Boulevard and Bayshore One through/right-turn lane 3,963 12/31/07 Boulevard (restriping) Westbound Prima Vista Boulevar St. Lucie West Boulevard and One through/right-turn lane Eastbound St. Luci~ West 3,963 12/31/07 Cashmere Boulevard (restripinQ) Boulevard St. Lucie West Boulevard and NW Third through lane Westbound St. Lucie West 3,963 12/31/07 Peacock Boulevard (restripinQ)One right-turn lane Boulevard St. Lucie West Boulevard and One through/left-turn lane 3,963 12/31/07 Bethany Drive (restriping) Southbound Bethany Drive Prima Vista Boulevard and Airoso 3,963 12/31/07 Bouelvard Second through lane Southbound Airoso Boulevard One left/one through/two 4,368 12/31/08 U.S. 1 and Prima Vista Boulevard rights (restriping) Eastbound Prima Vista Boulevard 4,500 12/31/09 West Midway Road and Oleander Extend left-turn lane to 365 Southbound Oleander Avenue Resolution No: 06-316 A-R Draft Sep. 2006 Sinale Underline is for past addition Double Underline is for addition StrUte TAP81:1gA is for deletion Page 33 TABLE I Improvement/Lane Threshold Location Addition Improvement I.ocation Total PM Trips Date Avenue feet St. Lucie West Boulevard and Extend southbound right-turn 4,500 12/31/09 California Boulevard Lane to 600 feet Southbound California Boulevard St. Lucie West Boulevard and NW Westbound St. Lucie West 4,896 12/31/12 Peacock Boulevard Right-turn lane Boulevard St. Lucie West Boulevard and 4,896 12/31/12 Cashmere Boulevard Second right-turn lane Southbound Cashmere Boulevard West Midway Road and Selvitz Eastbound and Westbound West 4,896 12/31/12 Road Separate left-turn lane Midway Road AI. TERNA TIVE ACTIONS A) Contracts have been let for improvements to obtain the indicated improvement(s). The indicated improvement has been included within the first five years of the adopted Capital Improvements Program for e Port St. I.ucie or the first three years of FDOT's adopted Work Program. An analysis has been conducted that demonstrates the indicated improvement(s) are not needed. The analysis shall also ident trip threshold when such improvement(s) will be needed. The methodology for such analysis and the study results shall be pro Planning Council (TCRPC) and the FDOT for review and shall be approved by the Department of Community Affairs (DCA). Pri reached, the improvement shall be let for construction or shall be programmed for construction within the first five years o' for the City of Port St. I.ucie or St. I.ucie County. An applicable lower level of service standard has been adopted by the maintaining agency and an analysis that demonstrates t needed has been conducted. The analysis shall also identify the new improvement(s) and a new trip threshold when such methodology for such analysis and the study results shall be provided to the TCRPC and the FDOT for review and shall be redefined threshold being reached, the improvement shall be let for construction or shall be programmed within the first fivl or St.l.ucie County's Capital Improvements Program. The City of Port St.l.ucie and/or St.l.ucie County has adopted a long-term concurrency management system (CMS) and include long-term CMS. Resolution No: 06-316 A-R Draft Sep.2006 Sinale Underline is for past addition Double Underline is for addition StF'ihe TIIF'8l:1gk is for deletion Page 34 TABLE I Improvement ¡Lane Threshold Location Addition Improvement Location Total PM Trips Date A local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executec Development Order. BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: B. The legal description for the property under this amended Development of Regional Impact Application for Development Approval, is as follows: This Description Does Not Depict Lines of Ownership A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27, 28, 34 And 35, Township 36 South, Range 39 East, St. Lucie County, Florida, more particularly described as follows: Begin at the Southwest Corner of Said Section 15; Thence South 89°23' 26" East, along the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intersection with the Westerly Line of a Parcel of Land Described in Official Records Book 514, Pages 237-239, Public Records of St. Lucie County, Florida; Thence North 44°46'07" East, along the Westerly Line of Said Parcel of Land, a Distance of 1393.92 Feet to the Point of Intersection with the Westerly Line of the Plat of G. O. Team Industrial Park - Unit One, as Recorded in Plat Book 23, Page 31, Public Records of St. Lucie County, Florida; Thence Northeasterly along the Westerly Line of Said Plat of G. O. Team Industrial Park Unit One the Following Courses and Distances: North 45°13'33" West, 660.03 Feet to the Point of Intersection with the Easterly Right-of- way Line of the Florida East Coast Railway; Thence North 44°45'58" East along Said Easterly Right-of-way Line, a Distance of 120.00 Feet; Thence South 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 Plat of G. 0, Team Industrial Park - Unit One and its Northerly Prolongation and the Easterly Line of Said Florida Power and Light Easement, a Distance of 4001.62 Feet; Thence South 89°29'01" East, a Distance of 574.47 Feet to the Point of Intersection with the East Line of Said Section 15, Being the Westerly Line of the Plat of Port St. Lucie Section Forty Four, as Recorded in Plat Book 16, Page 23, Public Records of St. Lucie County, Florida: Thence South 89°29'01" East, along the Northerly Line of Said Plat of Port St. Lucie Section Forty Four, a Distance of 112.97 Feet to the Westerly Line of a Florida Power and Light Easement as Recorded in Official Records Book Resolution No: 06-316 A-R Draft Sep.2006 Sinole Underline is for past addition Double Underline is for addition Ætpihe TIo!P811glo! is for deletion Page 35 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 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 00000 '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 1-95 Interchange; Thence Southerly along Said Proposed Right-of-way the Following Courses and Distances; Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a Radial Line Bears South 47°50' 57" East with a Radius of 600.50 Feet; Thence Southwesterly along the Arc of Said Curve, a Distance of 176.71 Feet, Through a Central Angle of 16° 15'37"; Thence South 59°00'40" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 621.42 Feet; Thence Southwesterly along the Arc of Said Curve, a Distance of 416.77 Feet Through a Central Angle of 38°25'38"; Thence South 20°35'02" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest, Having a Radius of 131.00 Feet, Thence Southwesterly along the Arc of Said Curve 149.35 Feet, Through a Central Angle of 65° 19'11"; Thence South 85°54'13 "West, 388.39 Feet; Thence South 05°58'06" East, 64.11 Feet; Thence South 89°54'13" West, 300.Q1 Feet; Thence South 00°05'47" East, 140.00 South 05°46'23" West, 64.11 Feet; Thence South 86°05'47" East, 960.95 Feet to a Point of Curvature of a Curve Concave to the Southwest Having a Radius of 600.50 Feet; Thence Southeasterly along the Arc of said Curve a Distance of 626.00 Feet Through a Central Angle of 59°43' 45", to a Point of Compound Curvature of a Curve Concave to the Southwest, Having a Radius of 1295.00 Feet; Thence Southeasterly along the Arc of Said Curve, a Distance of 60.04 Feet Through a Central Angle of 02°39' 23" to the Point of Intersection with the Westerly Line of a Florida Power and Light Easement Recorded in Official Records Book 97, Page 504, Public Records of St. Lucie County, Florida; Thence South 00000 '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 Resolution No: 04-081 April 20, 2004 Final April 20, 2004 Double Underline is for addition Stpil1l! TI'IPBlIglol is for deletion Page 36 365.54 Feet; Thence North 44°39'44" West, a Distance of 213.66 Feet; Thence North 48°38'45" West, a Distance of 475.89 Feet; Thence South 61°51'31" West, a Distance of 188.61 Feet; Thence North 66°42'00" West, a Distance of 79.81 Feet; Thence North 43°42'56" West, a Distance of 2428.68 Feet; Thence North 44°56'04" West, a Distance of 1054.01 Feet; Thence North 44°47'33" West, a Distance of 636.86 Feet to a Point of Intersection with the Easterly prolongation of the Southerly Line of the Plat of Sabal Creek Phase IV, recorded in Plat Book 34, Pages 17 and 17 A, 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 II, recorded in Plat Book 24, Pages l,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 Coast Railway; Thence North 44°45'38" East, along the Easterly Right-of-way Line of the Florida East Coast Railway, a Distance of 8,141.46 Feet to the Point of Intersection With The West Line of Said Section 15; Thence South 00°36' 34" West, along the West Line of Said Section 15, a Distance of 110.12 Feet to the Point of Intersection with the South Line of Said Section 15 and the Point of Beginning." Containing 2,680 Acres More or Less. C. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the St. Lucie County Community Development Director and the Port St. Lucie City Planner, as appropriate, for a determination by the Board of County Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The Board 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. D. 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. E. The developer shall make an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted each year on the anniversary date of the adoption, of Resolution 89-73, or the earlier date if two separate orders are adopted, of this amended Development Order and shall include the following: 1. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; Resolution No: 04-081 April 20, 2004 Final April 20, 2004 Double Underline is for addition StF'ille TRF'8I1gR is for deletion Page 37 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; 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 sigl'lifiesl'lt gJllocal, 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 adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the developer pursuant to Subsection 380.06(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. F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. G. St. Lucie County hereby agrees that prior to March 14, 2009, The Reserve Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the County/City, as appropriate, demonstrates that substantial changes in the conditions underlying the approval of the amended Development Order have occurred, or that the amended Development Order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by St. Lucie County/the City of Port St. Lucie to be essential to the public health, safety, or welfare. H. This amended Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be Resolution No: 04-081 April 20,2004 Final April 20, 2004 Double Underline is for addition Strille TIoIrslIgk is for deletion Page 38 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. I. 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. J. In the event that any portion or section of this amended Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended Development Order, which shall remain in full force and effect. K. This amended Development Order shall become effective upon adoption. L. 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. M. Within 21 days of the effective date of this resolution amending 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: Chai rman 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 24th day of October, 2006. Resolution No: 04-081 April 20, 2004 Final April 20, 2004 Double Underline is for addition Strihe Ti'lr8l1gk is for deletion Page 39 ATTEST Deputy Clerk Resolution No; 04-081 Final BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chai rman APPROVED AS TO FORM AND CORRECTNESS County Attorney April 20,2004 April 20, 2004 Double Underline is for addition S"tF'il'8 TAI"81:1! A is for deletion Page 40 EXHIBIT A SANDHILL CRANE NESTING MANAGEMENT PLAN The developer shall preserve two areas that provide potential nesting habitat for Sandhill Cranes. These areas are depicted on Map H. Other areas may be defined by the developer as Sandhill Crane nesting sites, including areas designated as mitigation or restoration areas, to reflect documented nesting activity or frequency of use with the approval of the Florida Game and Fresh Water Fish Commission. Wetlands providing nesting site habitat shall meet the following criteria: · Located within 1/2 mile of a known nest site. · Minimum wetland depressional radius of 100 feet with ordinary high water elevations of 2-3 feet, ordinary low water elevations of 0.5-2 feet and dominated by wetland grasses and forbs (little or no woody vegetation) · Minimum managed upland perimeter buffer of 100 feet from jurisdictional wetland limits, managed as open native wetland transition or uplands foraging habitat - This area shall have no more than 20'Yo shrubby understory 3.0 feet or less in height, no forest canopy, and characterized by grassy ground cover. · A visual screen of native vegetation, planted or naturally occurring, at least 5 feet in height and at least 20 feet in width to provide a visual barrier to surrounding human disturbances including residential home sites. · Where golf course fairways or lakes are adjacent to the nest site wetland, the managed upland perimeter may be reduced to 50 feet in width and the visual screen eliminated provided the width of the fairway or lake is at least 150 feet. The upland perimeters and buffers may be modified as appropriate to accommodate landscape design or sound environmental planning, so long as the proposed plan will not significantly reduce the area of the wetland nesting depressional, transitional wetland, or upland foraging habitat; and so long as no construction occurs within 300 feet of the designated ·center" of the proposed nesting site. Management of the non-golf course portions of the buffers and wetlands shall be pursuant to recommendations developed in consultation with the Florida Game and Fresh Water Fish Commission. During the months of December 1 to April 30, no construction within 300 feet of preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane nests. In the event that active nests are found, construction shall not occur until July or 90 days after the eggs hatch whichever comes first. Resolution No: 04-081 April 20, 2004 Final April 20, 2004 Double Underline is for addition StF'ilIB TAF'811!JA is for deletion Page 41 Resolution No: 04-081 Final EXHIBIT H MASTER PLAN FOR THE RESERVE (MAPS ON FILE WITH THE ST. LUCIE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT) April 20,2004 April 20, 2004 Double Underline is for addition 6t,ilte Tk'8l1gk is for deletion Page 42 Resolution No: 04-081 Final EXHIBIT C UPLAND HABIT AT PRESERVE AREAS FOR THE RESERVE (MAPS ON FILE WITH THE ST. LUCIE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT) April 20, 2004 April 20, 2004 Double Underline is for addition StF'ihe Tkf'811!A is for deletion Page 43 EDWIN M. FRY, Jr.. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Fl\.E. 2&44383 0811312005 at 12:04 PM OR BOOK 2270 PAGE 1483 - 15411 Oac: Type: RESO RECORDING: $571.00 1 RESOLUTION NO. 04-081 2 A RESOLUTION AMENDING RES~UTION5 89-73, 3 91-228, 93-061, 93-125, 95-195, 97-023, ..4Nb 97- 4 086 ~ APPROVING A SIX'T"H ~ 5 AMENDMENT TO THE AMENDED DEVELOPMENT 6 ORDER TO THE DEVELOPMENT OF REGIONAL 7 IMPACT KNOWN AS THE RESERVE 8 9 WH~EAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following 10 determinations: 11 1. 12 13 14 2. 15 16 17 18 19 3. 20 21 22 23 24 ~. 25 26 27 28 5. 29 30 31 32 6. 33 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, Florido, in accordance with Chapter 380.06, Florida Statutes. Callaway Land & Cattle Company orioinallv "re teses DroDosed 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 the real property legally described in Section B below, located in St. Lucie County and the City of Port St. Lucie, all located in the State of Florida. 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. 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 Th~ Reserve, b~ granted. The Board of County Commissioners of St. Lucie County, Florida, on the 15th day of Dec:ember 1988, held Q 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. At this public: hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, Dec:ember 20, 1988. Resolution No; 04-081 Final April 20, 2004 Page 1 !)Quale UM&I"Iill& i. for addition it..!... TIv.lllh Is for deletion 1 7. 2 3 4 8. 5 6 9. 7 8 10. 9 10 11. 11 12 13 12. 14 15 16 13. 17 18 19 14. 20 21 22 15. 23 24 25 26 16. 27 28 29 30 17. 31 32 33 34 35 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 Development 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 Order, 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 known as The Reserv.... 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 May 25, 1993, this Board granted approval to Resolution 93-061, which provided for a second amendment to Resolution 89-73, the approved Development Order for the Development of Regional Impact known as The Reserve and determined that the proposed amendments did not constitute a substantial deviation to the original Development Order. 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 Regional 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 Cattle Company, filing with St. Lucie County, The Florida Department of Community Affairs and the Treasure Coast Regional Planning Council 0 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 relat~d conditions effecting the development of this project by November 23, 1993. The April 20.2004 Page 2 Resolution No: O4-OB1 Final !')auble Undll!rlilllr. is for addition &:tril. 1«NII!II is for deletion 1 2 3 4 5 18. 6 7 8 19. 9 10 11 12 20, 13 14 15 16 21. 17 18 19 22, 20 21 22 23. 23 24 25 26 27 24. 28 29 30 31 32 25. 33 34 35 36 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 lB, 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 3BO.06(19), Florida Statutes for a fourth amendment to Resolution B9-73. On September 21, 1995, the St. 'l.ucie County l.ocal Planning Agency/PlaMing 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 he.ld a public hearing, of which due. public notice was published in the Port St. Lucie News and the Tribune on August 17, 1995, August 31, 1995 and September 26, 1995 on the proposed amendments to Resolution 89-73, as previously amended. On October 17,1995, this Board granted approval to Resolution 95-195, which provided for a fourth amendment to Resolution B9-73, the approve.d Deve.topment 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 and 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 CommLa1ity Affairs and the developers of The Reserve, Callaway Land and Cattle Company, Inc., entered into a Settle.ment 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 cansider 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 De.ve.lopment Order for The. Reserve (Resolution 95-195). On February 4,1997, this Board granted approval to Resolution 97-023, which provided for a fifth amendment to Resolution 89-73, the approved bevelopment Order for the Development of Regional Impact known as The Reserve and de.termined 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 Deportment of Community Acsolution No: 04-081 Final Ap,.iI 20. 2004 Pogc3 [»ubl~ lhId~,.lill£ is fo,. addition St..ike 1=h......h is fo,. deletion 1 2 3 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. 4 26. 5 6 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 Ruolution 89-73. 7 27. 8 9 10 11 On August 18, 1998, this Board lo.el8 a ,.w¡'lie Io.eeri~, af whieh sue ,.wBlie ..atiee waS ,ulsliskeel ¡" tke Part St. Lueie ~Jev¡S Me! tke -r,i¡'lt"e e" ¡It~· ¡g. 1998 a" tlo.e p,.e,esed a"'el'''''''e~s te Aesallttial\ 89 73, as ,..evill:tSl·,' a"'M.ee!. aranted aDDroval to Resolution 98- 100 which Drovided for 0 sixth amendment to Resolution 89-73 the oDoroyed ~eveloDment Ord~r for the ~eveloDment of Reaional Imoact known as the Reserve. 12 28. 13 14 15 16 17 18 19 20 21 22 23 24 25 11Ie 8aa'l ltelierJes that appl'avil\! this siHtk a"'''''''Mt te the ¡f¡",enel88 FiMI ~8'.·elep"'eM O,lel' fer Tke Res.'·..e is iPl the Itest i"terest af the ,..."lie· keeltlo., 58f&*'1 8l'leI ,1t"lie welfare af tke eiti!MB af St. blteie CI"~', Flarisa. Me! fltrth8l" that t"'e JI..eJlese8 MlMS"'MtS "I "It eaNitihtte a sltlsst..,tial le.·i.tie" te the a,i!iMI ~..¡eleJl",...t 0,.S8', as 8"'8I'I8e8. On Auaust 22. 2003 Resuve Homes Ltd L P filed a Notification of ProDosed Chanae to an ADDroved ~eveloDmMt of Reaional ~mbact Dursuant to ChoDter 380.06(19), Florida Statutes (NOPC) for 0 sevMth amendment to R.esolution 89-73 to among other thinas. amend the ~RI ðeveloDment Proorqm to be os follows: 3 200 residential units: 500 000 $(Iuare feet of industrial SDace: 290 000 sauare feet of retail SDQce: 100 000 seuare feet of office SDace: 250 hotel rooms: 4 oolf courses with accessorY buildinos and a IX1Ssive and an qctive recreation area whkh mov include: baseball and multiDul'Dose fields: oDerationaI offices: welcome ~enter: Darkina for 750 vehicles: and a children's team soorts trainina center: on 81+ acr-es. The NOPC also amends the boundarY of tlie ðR! to eliminate 10 acres from the ðRI 26 29. 27 28 On ADril20 2004 this Board held a Dublic hearina. of which due Dublic notic;e was Dublished in the Port St Lucie News and the Tribune on Aor-it 9. 2004 on the Drooosed amendments to Resolution 89·73. as Dreviouslv amended 29 30. 30 31 32 33 34 35 11Ie 8a8rel .f C..."t)' CI"""issi'l\e1"5 ee..ti"lte5 witk the fallev;il'l§ 811\81'\188 FINÐr~JG.s af F/.IT 8"8 "'~Ja.fJSIONS ef b.~V.' wit'" 'ega.... t. tke '.,,.Iieetia,, fel' l:)e..-ela,,,,eM ,."",..·..1 as eites i" Ae581~tia" 89 11: The Boord beli~es that aDorovina this seventh amendmMt to the Amended Final ~eveloDment Order for The ~eser-ve is in the best interest of the oublic health safety and oublic welfare of the citizens of St Lucie County Florida and further that the Dr-ODOSed amendments do nqt constitute 0 substantial deviation to the orioinal ðevelooment Order as amended. 36 31. 37 38 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: Aesolution No: 04-081 Finol April 20. 2004 Page 4 Double Underline ¡, for addition it"iI.. ~ IIIJh is for clcletion 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 32 33 34 35 AMENDED FINDINGS OF FACT A. 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)(0), Florida Statutes. B. C. D. On August 25, 1995 the Treasure Coast Regional Planning Council issued a report and recommendations on the Notification of Proposed Change to a Previously Approved Development of Regional Impact (The Reserve) pursuant to Chapter 380.06(12)(a), Florida Statutes. E. On June 4, 1998 the Treasure Coast Regional Planning Council issued a report and recommendations on the Notification of Proposed Change to a Previously Approved Development of Regional Impact (The Reserve), filed May 5, 1998 pursuant to Chapter 380.06(12)(0), Florida Statutes, and determined that the proposed changes to the Final Development Order for the Reserve would not constitute ci substantial deviation to the previously approved Development Order. F The Treasure Coast Reaional Plannino Council advised the County that it had reviewed the Notification of ProDosed Chanae to a Previous Iv ADDroved DeveloDment of ReoiQnal ImQact for the Re$erve DR! filed Auaust 2003 oursuant 'to Chaoter 38006(19)(f)(4), Florida Statutes. and determined that the DroDosed chances to the Final Devel~oment Order for the Reserve t:)R! would not create sianificant reaional imDacts not D,.eviouslv reviewed G. The proposed Development is consistent with the local comprehen~ive plan, development laws and regulations of St. Lucie County. H As Dart of the sev~nth amendment to the Dreviouslv oDDroved Devel~oment of Reaional ImDact known as The Reserve. it is acknowledoed that the develoDer has submitted a comDrehensive air oueUtv cOmÞuter modelino study that demonstrates that State and federal air ouetitv standards have been md. and which does not identify onv exceedances reauirino carbon monoxide monltorlno 01' abatement. I In the seventh amendment to the Þreviouslv ðÞÞroved DeveloDment of Reaional ImDact known as The Reserve filed on Auaust 22 2003. Reserve Homes Ltd.. L P included a DroDosal to amend the master site Dlan for the Reserve DR! to include a aenerol DUr'Dose around comection/roadwav between a Dortion of the Sable Creek Subdivision and the DroDertv to the south of this site As Dart of the Aoril 20 2004 Dublic hearina on the Notice of p,.oDQsed Chanoe (NOPC) Reserve Homes Ltd L P withdrew from the Resolution No: 04-081 Final April 20, ZOO4 Page. 5 !)aubl£ UlIIH!rUIII! Is for addition ifrihe1=h,.,..h Is for deletion 1 aDDlication all DroDosed omMdments to the Dro iec:t that involved the reC:Qnfiauration of anv 2 DClrt of the overall Dro iec:t site Dlan that would have Drovided for the c:onstructiQn of onv 3 aeneral burDose ac:cess connec:tion into the areas south of the PGA Reserve exCeDt that 4 Reserve Homes indic:ated that they would consistent with the reouirements of the PGA 5 Villaoes Final bevelobment Order maintain an emeroenc:v onlv connection that would be 6 available to any local Dublie safety quthorities should it be needed to address emeraenc:v 7 conditions. 8 9 CONCLUSIONS OF LAW 10 11 NOW, THEREFORE, BE IT RESOL-VEÞ by the Board of County Commissioners of St. Lucie 12 County, Florida: 13 A. 14 15 16 17 18 19 That in a public meeting, duly constituted and assembled this 20th dav of Abril. 2004. ~... say tlf ".y§ltSt. 1998 -1'" Resolution 984QQ~, 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 APPROVEb subject to the following conditions, restrictions and limitations: 20 APPLICATION FOR DEVEt.OPMENT APPROVAl. . 1. 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. 21 22 23 24 25 26 27 28 For the purpose of this condition, the Application for Development Approval shall include- the following iterns: 29 a. Application for Development Approval dated July 9, 1987; Supplemental information dated December 3, 1987; June 15. 1988; July 22, 1988; July 29,1988; and August 12, 1988; and 30 31 b. 32 33 34 3S 36 c. 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 ~en scheduled. Resolution No: 04-081 Finol !)ouble Underline. is for addition Strile '"Fh.....h is for deletion April 20, 2004 Page 6 2 3 4 d. Notice of proposed change dated May 25, 1993. 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. 5 1" Notice of ProDosed Chance filed Mav 5 199B 6 So Notice of ProDosed Chanae dated Auoust 22· 2003. 7 8 9 10 . Resolution B9-73. as Dreviouslv amended is hereby amended to reflect that based UDon the new analvsis and conditions sefforth in this amended [)evelqÞment Order. the followina conditions (from Resolution 9B-lOO) are beina deleted and/or amended: 11 12 ParoaraÞhs 5 15 46.47 52 53 53A.538 54 55A 558.55e 56.57 58 59 60 61 62 63.64.65 66A 668 67 6B 69 70 72 73 74.75.76 77 and 7B: 13 . and the followina conditions from Resolution 9B-loo have been determined satisfied: 14 ParaaroDhs 5 52 53 54a 54b. 55A 558. 55C. 56 59b 60b-2 60b-3 64. 66B-d 15 7273and77. 16 COMMENCEMENT OF DEVELOPMENT 17 2. 18 19 20 21 22 23 24 25 26 27 28 29 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 Q structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stoge 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 buildout dates and phasing buildout dates reflected in the ADA are extended four years. 30 Termination Date: 31 This development order sholl 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 Fil'lCll Double Und~rline is for addition ¡1<rih.. 'RoI.....,h i. for deletion April 20, 2004 Page 7 1 AI~ 2 3. 3 4 5 6 7 8 9 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 areas are undertaken within 30 days of completion of clearing work. During land clearing and site preparation. wetting operations or other soil treatment tèchniques 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 ~egulation. 10 4. 11 12 13 14 During land clearing and site preparation, wetting operations or other soil treatment techniques aþpropriate 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 ~egu lation. 15 i: 16 17 18 19 20 21 22 23 24 2S 26 The de·tel."u 5kall fl:tl""isk a ee",,,reReMi'/e ail" IIttelity e."'I'l:tter ",.deli"!! Rl:tér¡ 8M, if the "".s.1 sh.ws ..ceeeda"ees, de'lel... a ..18ft a". ''''.!IN''' fer .rla." """'Hise ",."ital"i",§ ...e aBat_eAt, aru' ¡"'ple.",e"t .11 aatie", "ea..al"l ta reell:t.e eel"B." "'.".Hise e",issi."s te "'eet State .". feserel.il' IIl:t8lity S't."s.... .eeerei"! ta the fallewi"'§ ",i"¡"'I:t'" l"elftlil"e"'Mts: withi.. twe "'8"ths 8f the effedi'/e eMe .f the De-;ela"",ent Ol"eer '(the earlier af twe éstes if sepsl"e=te De'.'el.,,"'Mt Oråers .I'e issl:teS B'{ St. Lti.ie ,.I:t"t). 81'18 the 'it)' ,f Pert St. Ll:teie; 81\8 1:t"less 81'\ eHtMsi8" hClS Be8l'l agree" I:tf'." "'; the e8·;el."el" a"e Treesl:tre Ceest A8§i.,..1 PI8Mi"l C.If"eil), Sl:t8",it , ea",,,..ekMsit;e ail' etl:tali'Þ}' e'lftI'der ",.eleli,,! shey aee.l"eling te e Itlfåy èesi!" a,.,.revee/ ~'t' ~reastll"e "alt A8§i'P\I!II Pl....i"! "....eil i" e'PlSl:tltatia", with the De"artlMl'lt .f e"vir''''''8I'It.1 ~89I:¡Jllti.,,; &. 27 28 29 30 31 32 ¡" ease af eHaeed."ees CIS ielMtifieel B'f tke ""eleli",!! Itl:tåy.. II:t~",it withil'l fel:lr "'Mths ef the sppr8val af the ",'Beli,,! S'HeI" s "1.,,, ta ",¡figs;e ,re;je,t relateS tl'affie .ir 1I1:t8lity ¡",,,aets a". i"'pl_enf the ,.Ial'!. te the ",.i"'If'" eHtw ,8ssihle. rhe "Ia", shall ~. ,.."..,v_ hy tk. TreasH". c.ast A8§i....1 Pll!II'".I'Iing "limeil iPl EePlSlfltati,,, witk the Q."a..t"'Mt ,f ¡",vir."",..;.1 ~egl:tleti.~ a"e ø; c. ¡"'ple"'Mt .",eI ",.",iter tke ,,1M. 33 ~~~lY!"~~iõz - ..~..... ,_!¡~,.~~..... 34 HISTORIC AND ARCHAEOLOGICAL SITES 35 itA 36 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 Resolution No: 04-081 Final April 20, 2004 Page 8 !)qubll! Underlilll! Is for addition ¡trill. 'Rv-.lIJh 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 WILbL.IFE Wetlands 1,4,5,6, 10, 15, 16, 26, 33, ~8, 39. 52, 61, 61A, 61B, 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 (a.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 desi9nate.d 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 included irt the annual Development of Regional Impact status report. Map H in the Development Order shall be amended, for updating purposes, to ensure that the DR! development plan is consistent with the permit modification no later than six months after South Florida Water Management District accepts certification of the surface water management system for the fourth (4th) Reserve Golf Course (PUD II). Viability and maintenance shall be assured by deed restriction, good development and drainag,e 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-Z.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 identifi~d wetlands prior to bllild-out of this project shall be the responsibility of the developer to repair. 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 32 33 34 35 36 37 38 39 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 pert 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: 04~81 Final April 20, 2004 Page 9 ðouble Ullde~line is for Cldditiall Strii. 1=hr.llfh Is for 'ä&lctian 1 2 3 4 5 6Z,A. 7 8 9 10 11 12 Zl 13 14 15 8. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1. the ditch connecting wetland 618 to the C24 outfall route has been plugged up to the rim of the wetland: and, 2. after January 1, 1997 unless all of the remaining restoration required by this condition has bun completed and approved by the South Florida Water Management District. 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. Any wetland habitat creation 'permitted under #tie condition fA 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 tne two thousandth (2ooo,h) residential unit in The Reserve. No final planned development or plat approvals shall be issued after January 1, 1994 until one of the following actions hav~ been completed: a. The developer has completed, to the reasonable satisfaction of the South Florida Water Management District, the creation of 50..0 acres of wetland habitat in mitigation for wetland habitat already destroyed on this project and previously required to be mitigated by South Florida Water Management District: or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and South Florida Water Management District, to St. Lucie County, or another entity acceptable to St. Lucie County, and South Florida Water Management District, 50.0 acres of upland habitat; or c. The developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and St. Lucie County. If the developer chooses to meet all or part of this responsibility by creation of wetland habitat, then the continued viability and maintenance of this habitat snail be assured by deed restriction, good development and drainage plan design, and assignment of future preservation and maintenance responsibility to any entity approved by South Florida Water Management District prior to build-out of the phase in which the created wetland occurs. If the developer chooses to meet all or part of this mitigation responsibility by dedicating upland habitat as in option (b) above, such lands shall be transferred with restrictions that require their preservation as nature habitat area. Such lands snail ~ utjon No: 04..081 Final Double Und.rliN! is for addition Earn. "Iftl'llIlh is for deletion April 20. 2004 Page 10 1 2 3 4 S 6 7 g 9 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 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 unde.r 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 (ZOOOth) 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. No Final Planned Development or plat approval shall be issued after January 1, 1995, until one of the following has bun completed: a. The developer has completed, to the reasonable satisfaction of the ·South Florida Water Management District, the creation of wetland habitat as required by South Florida Water Management District Permits (above and beyond any wetland habitat created pursuant to the previous recommended condition), in mitigation for wetland habitat already destroyed on this project site; or b. The developer has dedicated, by conservation easement or some other instrument acceptable to St. Lucie County and the South Florida Water Management District, to St.. Lucie County, or another entity acceptable to St. Lucie County and South Florida Wate.r 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 hos accomplished 0 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 os described in (0) 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 (0) 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 Develope.r in furthe.ronce 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 Filal April 20, 2004 Page 11 Double Underline. i. for addition ¡trill. 'Roa....lllh i. for ddetion 1 2 3 4 5 6 7 8 9 10. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 sholl planned development or plot 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 Q final plClMed development or plat approval for the two thousandth (20ooth) 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 required by this D.O. occurring on site. As ,a minimum, the Master Plan shall set forth: a. The general criteria for construction and maintenance of wdland habitat; b. identify the location of all proposed mitigation relative to preserved wetland and upland systems, the surface water management system, and development: c. provide for a mitigation, monitoring, and maintenance program; and d. include 0 justified estimate of total cost of implementing the proposed mitigation and monitoring program. To be approved, mitigation plans must be found to fully replace the functions and values provided by exempted wetlands that hove been or will be eliminated. Reasonable assurance of financial and institutional ability to corry out the commitments included in the approved mitigation plan may be provided by any one or combination. of the following: a. a surety bond in the amount equal to 125 percent of the cost estimate. for implementing the approved mitigation and monitoring plan: b. performance guarantee to St. Lucie County and/or the City of Port St. Lucie as part of a project construction guarantee, provided the guarantee adequately covers costs: c. cash bond or letter of credit from a financial institution; d. escrow agreements which indude money, land, or improvements; and, e. performance prior to wetland loss only applies to mitigation for wetlands not yet destroyed. Resolution No: 04-081 Final April 20, 2004 Page 12 Double Underlllll! Is for addition it,iI.. ~lUIh 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 within 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 Manag~ent District. The anl1ual report shall include 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. 9 11. 10 11 12 13 14 Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved or restored on the project site. Wells in the shallow aquifer shall not be located within 300 feet of any wetlands which are preserved or restored on the project site. Any exceptions to this condition must be approved by the South Florida Water Manag~ent 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. 18 19 20 21 22 23 24 To help assure that maintenance or implementation of predevelopment hydroperiods occurs' within the preserved and restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to wetlands prior to routing of any excess runoff to lake systems. Control elevations shall be established consistent with the intent to maintain or improve predevelopment hydroperiods within all wetland areas. The South Florida Water Management District must approve the routing of runoff atid control elevations as 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. 27 13. 28 29 30 31 32 33 34 35 36 37 38 The developer shall preserve and maintain a buffer zone of native upland edge vegetation around all preserved, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Manag~ent District. The buffer zone shall include a canopy, understory, and ground cover of native upland species including saw palmetto, wiregrass, gaJiberry, 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 locàtion of the boundary between the wetland and upland. The buffer zone requirements of preserved or created wetlands for listed species shall be in accordance with the Florida Game and Freshwater Fish Commission guidelines as contained in the Florida Administrative Code, as of the time that the buffer zone is developed. The requirements of the upland buffer shall include a total area of at least ten square feet per linear foot of wetland, except where an expanded upland buffer has been required for Resolution No: 04-081 Final April 20, 2004 Page 13 Double Underline is for addition it"iI. '¡:hr.lI!h is for deletion 1 protection of the Sandhill Crane as recommended by the Florida Game CJI1d Freshwater Fish 2 Commission (provided for under the approved management plan referenced herein. and 3 attached hereto and made a part thereof as an exhibit) and be located such that no less 4 than fifty percent of the total shoreline is buffered by a minimum width of ten feet of 5 upland habitat. Upland buffer shall be clearly delineated, and roped off prior to any land 6 clearing within 200 feet of any wetland to be preserved or restored-. . 7 14. No further land clearing or development activities shell take place on the Reserve DRI until: 8 9 10 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, a. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 underland or understory within the Preserve area. The plan shall also provide for sufficient foraging opportunities within one-half mile of the colony site to meet the recommended criteria set by the United States Fish and Wildlife Service Red-cockaded Woodpecker Recovery Plan. The plan must also include a monitoring program to 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. b. 28 29 15. 30 31 32 33 34 35 36 37 38 39 The developer sheU-baI preseI"V8 oreserved "'8 less tkel'\ 2fi S8l"eMt a minimum of (490 acr~ 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£Þict£d on the referenc£d Exhibit C. which is to be K£Þt on file with the St. Luci£ County Community D£v£loÞmMt Director. Native upland habitat preserved and protected by deed restrictions pursuant to wetland buffer zone requirements and upland habitat required for the protectian of species of special regional concern, including the Red-cockaded Woodpecker colony sites and Sandhill Crane upland buffer. may be counted toward meeting this minimum requiremMt. 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 &t,ihe 'fh'.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 16. 31 32 33 34 35 36 37 38 39 habitat is re.quired through dud 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 trus, but planted ground cover do not qualify as native uplands (e.g., improved pasture). Consistent with the C1DDlicable local aovernme.nt develoDme.nt reaulations a Dortion of the reauir~ uDland Þr£servation set aside mav be met bv the creation of unland habitat within the PGA Villaoe f)RI buffel" area olono the western Derimet£!" of the broiect as deDict~ on the PGA Villaae f)RI master Þlan The buffer area shall be a minimum of 200' in width averaoe 500' and a maximum 1.000' in width. No develoDment shall occur within this area .The buffer area shall be Dlant~ in native veaetation in con junction with anv develoDment adiacent to that area. The develoDer shall Þrovide evidence of qDDroval from FPL to Dlont in any area within the FPL rioht of way. The buff£!" shall be considered an aDDroved uDland mitioation site for meetino uDland "reservation reauirements The mitiQation ratio for reDlantino the buff£!" will be 1.5 to 1 Anv areas used within the PGA Villaq£s f)RI as a receivina area fOl" anv relocated uDland habitat from the R£serve DR! shall nqt be counted as Dart of anY reouired u"land habitat "reserve for the PGA Villoo£s [)RI Exhibit ·CM. 0 CODV of which is to be keDt on file with the St Lucie County Community f)eveloDment f)iredor identifies '11.e ele'IeI.I'8I" skall iElMtify ... 8 ellrP'Mt ~8es ~lIalit'l aerial I'ke;. the minimum 490 acres CIN8S preserved pursuant to this condition &RS SI:IBl'I\it tke ",arheef aerial lIAS i..sieete tke aeree!. il't tke 8MIIIIII'epert p'8I! tlired it'! Seetie.. 38Q.06, Flep'iele Stat~tes. The annual report shall include copies of deed restrictions cìssuring prese.rvation of native upland habitat acreage.. Preservation on individual lots, if used to meet the habitat require.ment, sholl be. established by thë developer through permanent deed restrictions. The annual report shall also include. copies of dud or other restrictions assuring prese.rvation of native upland habitat acreage.. Portions ~f the reauisit£ 490 acres qf uDland Drt.Serve located in the City can be develoDed and offsite. uDland habitat Drovided. Prior to commence.ment of clearing activities on any portion of the Rt.Serve site, the Developer must survey fOl" gopher tortoise burrows. Protecting in situ, or relocation into a suitable on-site preserve is required before development of the parcel surveyed. If gophe.r tortoise burrows are found, any Florida mouse, gopher frog, and Eastern Indigo snake found shall be provided for as well. The plan for protection of these. species shall be. reviewed and approved by the. Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. After approval of the plan, specific parcels may be cleared and deve.loped subje.ct 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"()81 Final April 20, 2004 Page 15 Double Unde..line i. for cddition ¡tril. '!:hr.IIJh Is for deletion 1 17. 2 3 4 5 6 7 8 9 10 11 12 As a minimum, the Developer shall presel"Ve two areas that provide potential nesting habitat for Sandhill Cranes. One of these areas shall include wetlands 80, 81, and 83 and associatt.d buffers (as identified in Map H). The other shall indude portions of wetland 61, which includes 61A or 61 B) and associate buffers (CIS more specifically identified on Map H). The developer shall, after consultation with the Florida Game and Freshwater Fish Commission, provide a species and habitat management plan by March 5, 1997, as referenced herein at DO conclusions of law and attached hereto CIS Exhibit a ð. A detailed site plan delineating the areas required by this condition shall be attached hereto and made a part of hereof. These wetlands areas shall be depicted on Map H CIS preserve areas consistent with Conditions h ~ and 13. Management of the non-golf course portions of the buffers and the wetlands shall be pursuant to recommendations of the Florida Game and Fresh Water Fish Commission. 13 14 15 16 17 18 During the months of December I, to April 30, no construction within 300 feet of any preserved or restored wet land shall occur until the wetland has been sUl"Veyed for Sandhill Crane nests. In the event that active nests are found, construction shall not occur until July or 90 days after the eggs hatch, whichever occurs first. Construction of these areas during the months and days indicated may proceed based in coordination with the Florida Game and Freshwater Fish Commission. 19 17 A. The application of pesticides, nematicides, and fungicides to the golf courses and other 20 areas at The Reserve shall be done only in accordance with the applicable product .label 21 instruction, shall be applied only by, or under the sUpervision of, State of Florida licensed 22 applicators, and shall be applit.d pursuant to the Integrated Pest Management Plan, attached 23 hereto, and as it may be amended from time to time with the approval of the Florida 24 Department of Agriculture. 25 18. Prior to further development activity, the developer shall provide the Treasure COClSt 26 Regional Planning Council with a letter assuring that access will be allowed to The Reserve 27 Development of Regional Impact in perpetuity for the purposes of monitoring compliance of 28 the project with conditions set forth. 29 19. In the event that it is determined that any additional representative of a plant or animal 30 species of special regional concern (as defint.d in the Treasure Coast Regional Planning 31 Council Assessment Report for The Reserve Development-of Regional Impact) is resident 32 on, or otherwise is significantly dependent upon, The Reserve Development of Regional 33 Impact property, the developer shall cease all activities which might negatively affect that. 34 individual population and immediately notify both the Florida Game and Fresh Water Fish 35 Commission and the u.s. Fish and Wildlife Service. Proper protection, to the satisfaction of 36 both agencies, shall be provided by the developer. 37 20. Concurrent with construct ion in any phase of the development, all Melaleuc:a, Brazilian 38 Pepper, and Australian Pine which occur within that phase shall be removed. Removal shall be Resolution No: 04-081 FillCll April 20, 2004 Page 16 Double Underline is for addition ¡'rille 'l=hNllfh is for deletion I in such a maMer that ovoids seed dispersal by any of these species. There sholl be no 2 planting of these species on site. 3 DRAINAGE 4 21. 5 6 7 8 9 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 sholl constitute compliance with 14 this condition. 15 22. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 The developer shall design and construct the surface water management system such that maintenance of normal hydroperiods within restored, preserved, and created wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and that the functions and values provided. by these habitats ~iII 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 arear in order. to maintain or improve their existing hydroperiod. Clearing of the land in a development area or drainage basin shall not begin until pions are approved by the oppropriate 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 [)istrict. 31 23. 32 33 The developer shall berm and swale or otherwise design and construct the golf course stormwater management systems to retain the first one-half inch of runoff from a one- hour, three-year storm event, prior to discharge of excess water to wEtland habitats. 34 24. 35 36 37 Maintenance and management efforts required to assure the continued viability of preserved and created wetland littoral zone and upland habitats and the proper operation of 011 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 ðauble Und.!,.IiM i' for addition 'trUe 1=hrhth is for deletion April 20, 2004 Poga 17 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 manner 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 treatment system not mut the standards of a Class I 6 reliability, then this minimum setback shall be 500 fut. 7 25. 8 9 10 11 The developer shall establish a vegetated and functional littoral zone as a port of the surface water management system of lakes. Prior to construction of the system for each development area or drainàge basin of the project, the developer snail prepare a design and management plan for tne wetland/littoral zone that will be developed as part of that system. The plan shall: 12 include plan view and site location: a. 13 14 15 16 17 18 19 20 b. include typical cross sections of the surface water manc1gement system showing the average water elevation after taking account the effects of wellfield pumping and irrigation withdrawals on the lake system and the -3 foot contour (i.e., below average elevation); c. specify how vegetation is to be established within this zone, including the extent. method, type and timing of any planting or mulching to be provided; and d. provide a description of any management monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zone. 21 The littoral zone as utablished 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 lake shoreline shall be established. -me 24 plan shall be subject to approval by St. Lucie County, the City of Port St. Lucie, and the 25 South Florida Water Management District prior to the beginning of any excavation activity. 26 Littoral zones shall be constructed concurrent with lake excavation cind 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 AND NONPOTABLE WATER 30 26. 31 32 33 34 35 me 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 created on site as mitigation for wetland f\l"lctions and values lost as a result of this development. At the time of water use permit issuance or renewal, the developer Resolution No: 04-081 Final April 20.2004 Page 18 t)ðUb~ Uncle!i ! is for addition ¡t,iI. "I=h. .. is for del&tion 1 shall 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 Water Manag&ment District. 5 27. 6 7 8 9 10 11 12 28. 13 14 15 16 17 18 29. 19 20 21 30. 22 23 24 25 26 27 28 31. 29 30 32. 31 32 33 34 33. Construction of additional golf courses beyond those already constructed shall not occur until it can be d&monstrated to the satisfaction of the South Florida Water Management District that sufficient irrigation water can be derived on a sustainable basis from wastewater sources and surface water management system lakes tô provide for irrigation requirements without adversely affecting wetlands required by the Development Order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. All water use· by The 'Reserve Development of Regional Impact shall be metered, whether derived from surface water management system lakes for irrigation or from wellfields servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be provided to the South Florida Water Management District and Treasure Coast Regional Planning Council as pert of the annual r£port to be submitted by the developer as required by Section 380.0~, Florida Statues. To reduce the demand for irrigation water, a minimum of 30 percent. of all landscaping material and 50 percent of all planted trees :shall be native plants adapted to the soil and climatic conditions occurring on site.. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving The Reserve Development of Regional Impact shall be located such that principal land uses within the cone of influence of such wells are open space, preserve, or residential area. In no case shall development which would use, handle, store, or produce hazardous or toxic materials occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water supply well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. In no case shall reverse osmosis reject water be utilized for irrigation purposes unless approved by the appropriate state permitting authority. Water-saving plumbing devices shall be required in all construction (both residential and nonresidential) to reduce potable and nonpotable watèr demand. These devices shall include low flush toilets and efficient faucets and shower heads to help reduce the use of potable water for these uses. Rates charged for potable water use shall be structured to encourage water conservation. Resolution No: 04-081 Final April 20, 2004 Page 19 Double Underlill& is for addition &t,iI. 1«. .lI! h Is for deletian '1 34. 2 3 4 35. 5 6 7 8 9 10 11 12 13 14 15 All residential water requirements shall be supplied by a common utility which shall provide water service to all existing and proposed development. except Sabc11 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. L.ucie County and the City of Port St. L.ucie 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 Floridan Aquifer, If applicable; and c. the ability of existing legal users to meet their permitted potable and nonpotable 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 Øeveloper without adversely impacting the items listed above sholl be established to the ] 9 satisfaction of the South Florida Water Management District. Receipt of Q valid South 20 Florida Water Management District consumptive use permit for a withdrawal shall 21 constitute compliance with this section. 22 36. 23 24 25 26 27 28 29 30 37. 31 32 33 34 35 38. 36 All residential, commercial and industrial water and sewer requirements shall be supplied by the a common utility which shall provide water and sewer service to all existing and proposed development, except Sable Creek Phases I, II, and IV, and Reserve Plantation I, IIA, and IIB, which contain lots which ore in excess of the minimum requirements of one- half acre and any lots proposed within Sable Creek Phase III (56 acre parcel) providing such lots be at least one acre in size. At such time and in the event water and/or sewer lines ore 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 fjnancial and physical Resolution No: 04-081 Final April 20, 2004 Page 20 Dqubla Unde.rlilll! i. for addition ¡t,iI. t:h. eu!lh is for deletion 1 responsibility of Th~ Res~rv~ Community Dev~lopment District until such time as it may be 2 conveyed to another entity. Any entities subsequently authorized to replace The Resuv~ 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 Appropriat~ plans, specifications and applications for the water plant expansion shall b~ 7 submitted to the Department of Environmental Protection (DEP) upon the existing watu 8 treatment facility reaching a finishing watu maximum day d~mand equal to 80% of th~ 9 DEP's rated plant capacity. Construction of the expansion shall begin before or when th~ 10 facility achieves a maximum day finished water production equol to 90'. of DEP's approved 11 rated plant capacity. 12 39. 13 14 15 16 17 18 19 The unobligated Floridan Aquifer well as referenced on Map F, dated July 1987, revised Novembu 1988, as contained in The Reserv~ Development of Regional Impact Application for Development Approval, shall be capped and abandoned in accordance with South Florida Watu Management District criteria prior to commencement of development outside the area authorized for d~velopment in the Development Agreement. The obligated well referenced on Map F as described above shall b~ capped and abandoned in accordance with South Florida Water Management Districtc:riteria within 30 days of resolving such obligation for off-sit~ use. 20 WASTEWATER 21 40. 22 23 24 25 26 27 Development shall only occur concurrently with the provIsion of adequate central wastewater treatment services. Prior to application for building permits for any part of The Resuve 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 planned development. Evidence of adequate treatment and disposal capability shall be subjut to approval by St. Lucie County and th~ . City of Port St. Lucie in consultation with the bepartment of Environmental Protection. 28 The central wastewater treatment system shall be expanded based on the following flow 29 capacities (actual 3 peak month averag~ daily): 30 31 32 33 34 35 a. When flows reach 60'. of permitted capacity, a consultant will have been chosen. b. When flows reach 70'. capacity, appropriate plans, specifications and application for wastewater plant expansion shall be submitted to the Department of Environmental Regulation. c. When flows reach 75'. capacity, construction shall begin and be completed and certified prior to flows reaching 95% of permitted capacity. Resolution No: 04-081 Final April 20, 2004 Page 21 Double Underline i. for addition St,ihe 1=h...... is for deletion 1 41. 2 3 4 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. 5 42. 6 7 8 9 10· 11 Maintenance and management efforts required to assure the continued proper operation of all components of the central wastewater treatmUlt system shall be the financial and physical ruponsibility of The Reserve Community Development District until such time as conveyed to another Ultity. Any entities subs~uUltly 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 13 43. 14 15 16 17 18 19 20 Within three months of the effective date of the Development Order (the earlier of two dates if separate Development Orders are issued by St. Lucie County and the City of Port St. Lucie), the developer shall submit a hazardous materials management plan for review and approval by the City of Port St. Lucie, and St. Lucie County in consultation with the South Florida Water ManagemUlt District and the DepartmUlt of Environmental Protection. If said approval is not obtained within six monthS of the effective date of the bevelopmUlt Order, no further final planned development approvals or plats shall be issued for any part of the project until approval is obtained. The plan shall: 21 22 require disclosure by all owners or tenants of non- residential property of all hazardous materials proposed to be stored, used, or generated on the premises; a. 23 24 25 26 27 28 29 30 31 32 33 34 b. require inspection of all business premises storing, using, or gUlerating hazardous materials prior to the commUlcement 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. Resolution No: 04-081 Final April 20, 2004 P.22 Doubl£ Underlill£ is for addition. ¡trille ~"'II,h is for délction 1 MONITORING AND COMPL.IANCE 2 44. 3 4 5 6 7 8 9 10 11 12 In addition to 0\1 information required by Chapter 380, Florida Statutes; by Chapter 9J-2, Florida Administrative Code; by St. Lucie County; and by the City of Port St. Lucie for inclusion in an aMual report to be prepared and submitted by the developer for The Reserve, a Development of Regional Impact, the following information must be included: Q. current, good quality aerial photo showing native upland habitat preserved pursuant to the t:>evelopment Order, acreage of the preserved areas, and copies of dud restrictions assuring preservation of native upland habitat acreage; b. summary of Gopher tortoise surveys and .relocation efforts QS required by the Development Order; and c. water use data (amounts from all sources) per Development Order condition requiring metered wQter use sources. 13 EDUCATION 14 45. 15 '16 17 18 19 From the date of enactment of this resolution, until JanUCIry 1, 1989, any residential development permitted within The Reserve, shall be subject to the voluntary school assessment incorporated as a part of that unit's development approval. Effective January 1, 1989, all residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance 88-~6, School Impact Fees, and os may subsequently be amended. 20 RECREATION ANt:> OPEN SPACE 21 46. 22 23 24 25 26 27 28 29 30 31 32 33 ~7. 34 35 36 . The developer shall reserve a minimum of eight acres of land i" fetlP' I'8l"eel. ft. less tka" tw. ael"es eee" i" size to be deeded free and clear of all liens and encumbrances to homeowners' associations within The Reserve Development of Regional Impact for the establishment of recreational facilities geared to the needs of children living within the development. Parcels shall be reserved in an arrangement that .will most conveniently serve the most residents based on proximity of residential areas. ~ Prior to the deliverv of Qnv recreational DQrcel to an anbrobriate homeowner's association. the developer shall establish a fund of not less than $5,009 fel' $20000 for construction of or construct QDDroDriate recreational fQcilities on eeeft parcel, to be turned over to the appropriate homeowners' association fe "..evi8e i..¡tial f1:ll\8¡PI§ hI' faeilifies eft Men "at"eal. The a""I'If'l'iate etf"i,,"'aM el' faeilities te ba 88',.1,,,.8 eft Me" "areal ,"all be eatw"'¡"'8 !!Jy t"a ...",.ew"el"" 89seeiatie... Wit"i" lI\e 'fMI' .f t". effeetiv. eate .f t"e b8'/.I."",.".t Ol'e.p' (t"e latt.1" .f tw. "ates if se"aNte De-.,.Ie"",ent Ore.... 81'. i.lt. BY St. bltei. "",,'Þy .... t"e Ci'Þ( .f P.rt St. b.lteie), t"e "e·/el."ap' .1..11 "...·..i... a "Ial'l fer t"e "",·Asi." af "eee" aeeess "li,,'S .... Mp'lti"§ 1aeilities to ",eet t"e åeMe"eI ereat." !!J't' 1'8IIi8.",tial 88'/.1.,,,,.., ¡PI Tke ~esep':,re April 20, 2004 Page 23 Resolution No: 04-081 Final Double UnderliM i. for addition !tl'illI "A\.... Is for deletion 32 Hot~I/Mot~1 $111 per unit 1 l)evelep"'Mt ef ~8!i8"sl ¡"'paet. 11.e ,Ia" shall iftel¡¡8e 8ft e·/ah.sti81'1 8"'8 estil'n8te ef ..IoIe 2 elMI81'\1!! fa,. Beeeh aeeess ,.¡Plts il'l keth St. l¡¡eie .",I!! tAertift 'e...ties. T-he ",eth'8elegy 3 YSl8 fl '''.Ijlet Blaeh aeeess 8P18 pa,.lei"'g 88"*"8 shall Be agrees l:I"a", 8Y the sl\·811"e,. II'\S 4 a",...I", egMeies "rie,. fl "Ia", i"itieti.", and skall Be SYk",itteé as part If the e.""pleteel 5 ¡¡Ie",. T-h8 plePl 5101811 pl"lviele s "r.gN.... fer Ift8etil'l§ 8l'f( pP'.Jeeteé s.,,*,d. 1=h8 ,111'1 "'l:Ist Be 6 al',r8'.·ee ·¡',. St. ll:leie 'etnly. IlIsl"til'l Cey..1y, "'S tke 1=rees....e '.ast ~etieMI Plemil'lg 7 'e l:fII'\ei I "'ay ,1I..';ise the elll\ty """..ents .1'1 th8 ,1M. If "I'..e..1 is ...1' e"t8i..eeI wlthil'l twe 8 'fee.., .f tke .ff.etivI dete ef the DIl¡elep"'Mt ""Sir as af.rM\Mtiel'leel, 1'18 fwtker 9 "tlilsil'l!l per",its shall Be iss..e8 f.1" aff¡' part .f the "rejeet I:Il'Itil s""r8'l81 is I"tai"ø. Beeeh 10 eeees, ,Iil'lts ...14 "arlei,,! f.eilities shall II. eel'\stp'ye,eel ens a·..ai.ls"le te sel"\;e ,r8jeetes 11 ee",aM i", eeeerS8I'Ie8 with ,hI. a"""",es ,Ien. S¡¡Bjeet te the fer8!8i"" i"',,"'Vetft8At5 12 ..~..irls .f ,hI ti)er;elep.. shell ",.t eNeees, il'l 'I".,.rtill'! t. th811'/II .f sarviee.r fseilities 13 tM8e a\"8ile"le "'f tke l"espletille 'e"Plties fer thair ¡'ee;ielel'\ts. 14 15 16 17 POLICE AND PUBLIC SAFETY 18 48~. Prior to the issuanc~ 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 Residential: Single Family Multi-Family $ 111 per unit $ 99 per unit 24 25 26 27 28 29 30 31 Office: Medicol 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 33 Upon the enactment of a formal public safety (police) impact fee ordinance by the St. L.ucie 34 COLl"lty Board of County Commissioners, the terms and conditions of that ordinance snail 35 apply to the 1baa ""il'le..,.....t. portions of this project, described in Section B of this 36 resolution. Resolution No: 04-081 Final I:)oubll! Underlilll! is for oddition ¡trill. ~'.lI!h I. for deletion FIRE PROTECTION 2 49~. The developer shall reserve one parcel, a 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 sholl 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. Lucie 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 8 of this resolution. 13 14 ENERGY 15 16 §G~. In the final site and building design plans, the developer shall: 17 18 19 20 21 a. incorporate those energy conservation measures identified on pages 25D.1 and 25D.2 of The Reserve Development of Regional Impact Application for Development Approval; b. comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida Statutes; and, 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, ond the Treasure coast Regional Planning Council's Regional Comprehensive Policy Plan. 25 26 27 28 As a minimum, the developer shall demonstrate that incorporation of energy conservation measures already committed to and those measures to be incorporated by the requirement of Condition 51 below has reduced projected energy demand by 20 percent below that demand which would have occurred without incorporation of the measures. 29 ~~. 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 Plaming Council that individually each 33 method is not cost effective. 34 Resolution No: 04"()81 Final ðouble u~,.lilll! is for addition 'tril. 1=h"allgh is for deletion April 20.2004 Page 25 1 TRANSPORTATION 2 3 4 5 ,6 7 8 9 Þ-Js 1tI:IÎIsi,,! perMits shall Be ¡S9Yed aftar tha effedive sate sf the l:Ie\'elap"'~t 0..8ar (tke earlier sf tv.s eates if separate bevalsplt\8I'It Spsers aJ"e issyeeJ "'1 St. Lyeie Cal:ln'tf a",1:I the ~ity .f Pert St. b.Yei~ f.p' the Reserve b8\'alsp"'eM ef ~8!i'l'I8l ¡"'pset Yl'\til the ..eeessal')' right .f way ev.-",M "y Callsway b...è &I ~Mtle Ca"'PMi' ale,,! the westel"l)" eJ(tensia.. sf PriMI Vi5'ta 8aHlelJ8J"s h. "881'\ sS8ieetes free 81'\8 II.... af all lieNI a..s enl..","rMees te St. Lyeie CSY";Y II' FlsP'iea bepartlftMt sf TrMspel"'tati.1'\ . l'\eeees8l'Y al'\ri eel'l9istll'lt with the St. b...eie C..."ty ~'r,..!hfal"e Pia", fer Pl"ilM \(isfa 8,ylevere!, ...8 il'l'tet"saeti.1'IS tker.ef, Me! as l'\e8a5581")' te previee fer ..It¡!tIMe IMe8!e ef Prime Vistl ae..levars. !i2. 10 ~~~1·ò!!:.~..~~.t'4Tóî ~t:r:¥~~E........,"" ~-t,~~.~!,t~. ,. .....-. 11 12 13 14 15 16 PriMa '/ista ge..la·J8I"8, west .f I 9§, skall Be 8e9ig",as . I pp'ilMl"'f "..lIlie aeeess re..te eMtMriil'lg ff''''' tha I 98 i..tet"ekqe t, tha w8l't/sawtkwest prapet"t¡ liftes sf 1=I\a ~esel"\'e 1;)""'ale'''''8I'\t ,f ~8!iaMI IMpaet. 8ft8a,prepfiltl ..ight ef ww¡ ,hall"e seBieateS te "",.vise far SlIth 8ft elig"''''eM. besig'" 8I'IB e8l'\St....eti." If thl r.swl}" shall lMi..tei.. aeee,tasle lavels ,f sel"l;ica al'\ ",th P,.ilM \G5'ta 8elll8'JIP's I"S I 99 ...8 MaM the "8fJ..ifelllent, ef the Flerisa DepartMent af ¡::P'MSp,rtatie" 8I'Ia tha FeSlJlal Highwey ASIII¡",istl"atiel'\. S3. 17 ~:~*f~í 18 S3!1. Withi" thl A.eslrve "III"'Iree Center. i,,8..stp'ial lal'\a use 1M)' Be eMehal'lgee fer the 19 felllwing IlterMte 1MB HSes, s, leng a5 the tit.1 pM peah ke..l". peah aip'aetie.. tl"8ffic 20 iMpeet frsIII all ..91S v;itki.. the Ae9v;. ""'Mllree C8II;II" a8" ",et eMe.Is the eYP'rlAt 21 appr,'.'e8 tl"affie i...set .ttp'illI:Å'8Ble h ¡..a_trill ".,/el_,IIIMt: ~'f!r.:~""¡ ;\.~:,."..,-r;·'JrI'.7;::!"1"1'C'i"''IJl,9'.~w:".~, 'Ff',:I!I!!'''~'çr :.it :''''''T'?"''i "';' '~...'t:1.:"V":'¡·'r¡¡¡ Ji:J\~~tf..:"~""'~I·l".r.r-I,.;~";: .....~;'''',.~ ," ~¡"'~"'d'''~r'r -t "11", '\ .~r·..'i::"'~.·~. f1'" \ ~~~~, 1 r~,~.,:.¡.¡.(',,:'yj-; .Þ(+~~T'i "I,..,,,,, .....{ ¡ '"...;¡, '.. o<a 1'-1t~= I>,. ~ ", ~. 11 ".,.~ I -'.p -""~'''"'J1",.¡J-,.R~,j.,; -. ""._-'.,.._,-- _.,I,I!:" -'".~,~ ";¡P ,I, "",",,"_...:'1'-".- "~ w'"'.....J-:..!JJMh'"y_....f.:;.;~' ~~.:::~__.~~~..,;,;¡.toI:-,;d;~a,w 4iP\;;"'A."A,F.<.,:.\'::íit::¡.~~.:~ ~It~ ,! ".Ji-k.J..-...:;o ii.!ii;.~~~u:.~ ¡"iIlMrill l,agg.ggg ., # I;IGQ ~ ~ - netiNRIe"t ~gg ~.... ~ m ..... ~ ~ 9 """-F a31 ..... -4M i9 ~\eåi_1 '-Atat' , +,iaa .ç¡ 22 23 51 In the event the DeveloDer decides to incr£aSe the amount of Dermitted uses within the 24 ProDosed DevelODment the DeveloDer shall include in an aDDlieation for PUD zonina for the 25 PUD Dod within which such chanae is contemDlated an analvsis showina the DroDosed chanae 26 and how it conforms to the conversion methodoloaies set forth below. In addition. the DR! 27 Annual Retlort shall include information indicatina the cumulative number of sinal£-familv 28 dwellina units condominium/townhouse dwellino units timeshare units "ot£1 units. office 29 souqre footaae industrial square footaae and retail $Quare footaae that have been 30 aDDroved bv the City and the County as of th£ date of tMe Annual ReDort but in no event RaolutioYl No: 04-081 Fil'lCll April 20, 2004 Page 26 Doubl& Underline i, for addition &tril. "Awlllll\ Is for del&tioYl 1 2 3 ::;O~ ~r than 50 000 $0'l1li"' ferJ of ........1 liolq Industrial lSIuœ:I foot.., ~~ 000 r e.~t ~f oifi~e SQuare footaQe or 25 000 souare. feet of ShoDDino center SQuare footaae be converted to another use. The followina conversion matrix shall be used to allow land use conversions within the Probosed DeveloDment: . . Iú&t IdØ IaIiI isKII Ai&IIII GIIIit.l '"....1:...... iIIIIIIIa ~ Q1f LiIIIt ~ T____ tåDI ~ GIm!: ~_I~· W 111& W m. ¡,z¡¡ w m If 11 ~ .. gg¡ - W . ;,¡""'...I:.....11v ¡ml m ~ ;;;; W l1li W gu W waUl £IS If W It Wl m ~ d sill .. ø.m alii ¡,gt !IIÜI m If W If mt LBM . ~ W II!! W II' .. W IIIUI ~ It W If UIIILt ug ~ g.a iii¡ g,u iii¡ !W CIII .. m If 22 If ffia ~ Am ~ W . ~ I!!! W l1li W - .. m If r..R+_ ¡,ggg,g - ~ w m. UI iii¡ LU alii U IåII = If .. S3B. F.II.wi,,§ .'I,,".vel at tha lIe·,.I."",..t 'I"èel" ",.lIifieeti.I'I Pl8eesss,'''I te ,..",it th. ¡aeatia" .t the ,..hUe aeeess ".ael tre", the I 99 iPlte..ekeí\ge ".rth th"el:lgh ~. ~e"Ye ,.",,,,uea ,..,., e'Meeting te "aeles Cut eff R.aè, 'h. e8releper .hell i",,,,eèiata~ e."''''Mee 'tJl",!ff/I, sesig" ..a "8I'lftittil'l§ w.,,1e t.1' the 8'PlStl'tJeti.PI .f the ....Et -n.. .I'..s sh.1I he c.l'IÐ+l'tJeteè v:ith¡" 'wa yeap's after .,,,1' a I,.'a I .f the 8MeruieEf Devel"R\Mt Ol's... ",saifieati.". 1'1o.is "eri.s 1M't' Be eHteneleè èll. te eelays il'l "ef'",itti", aPlel "'I'.vel lY¡ aetie" If tk. !'\'erPlil'l§ ..eies If fke '¡tv .f Parl St. b.lieie 81'\8 St. Lweie ''''Plty a,,,,,evi,,! a Wl'ittM l'elftJesf fer eMteNIie" f"I'" the 88':al.,el'; hlw"'el', ...h. 1'..eI .hell he eeMtl"tJe'tec:l Ellul '''81\ tl the ,a. lis withi" .Ple 1-1' after reeeivil'lg all I'ep''''i.... fer its e.AStl'tJeti,,,. ~~. B..ilail'l§ "e!""'its fer MY resieeMi.I ee':elel''''Mt asseei.te. with 1'''. fellFth gllf e'lIP'se 51o\all he i.s..eet tII'Itil th. ".a" is e''''pleta8, ""'~.~~- D:ÜX. . .,' ~2 .:", ,'."..1- §~, N. Bl; ilèing per"'its fer ",.. i"él;lStr¡.1 åevel'p",eftt .f ""I"e thllA 22& rellielMtial (139& 8.ily trips) tII'Iits shall lie i..l:leet fer 1=ke Ree8I"Va b"''8I'I'",..t .f Regie..1 I",,,as~ l:I"til e,,,tNds l'I8":a· !!JeM Ie:!' f.1' the eIPlStI"..e:ti.1'I .f ¡1'I'e lnsti.PI i"'''I'''¡e",ws t, ,l!Itei" ."e fellev;i"§ eSl'lfi91:1,.eti.", il'ltltJEling 5 i!1'I41i zati." '1' sl!l'I8liæati,PI ""lIifleati,,, 85 wSP'"","'ee "ï (it)", £,1:1,,1'.,., 'I' state erit8l'i., as ..."Iieehle, e) First "age I 99/Pri",a 'JiMe B.wl...'8p'è iPltSI'Meng8 b) Pl'ilM Vista Bel:lleve..lle". Y.~est P_e.sl( 8'l:Ile..el'8 ~J'l't"I!I,tI",1I West Peee,slt 81....&. Eøt....."8 Pr¡fM 'lists Blvet 0". left ftlP'1'I 181'18'** Ol'le left tli.... lel'le* Resolution No: O4-OBl April 20.2004 Final ~uble. Unœrline is for addition Page 27 . 'trill. ~....h is for deletion 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 55A. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0".;kl'8I:1g'" lane·... 0". p'igkt tl:ll"" IMe*· O"e tkl"81:1!k la". o...e tk,.8l:1gklrigkt '1:1,," IMe S8I:1tkIs8""ef West Peeeeelc BI'Jef. O"e left tl:lP''' IMe- OI\e tkl'el:lgk Is". O"e right tl:l"" la"e* '.I.'ythIYni PriMa '.'ista Blv~. Oft. left 'I:\r'" 1M.· Tw. thl"lIgn IlII'Iet "". ,,¡gkt '1:1"" !Me· . ¡I'ttep'seetie" i"'''l'eve",eAts lser¡eM el:ll"l'eI'It ea"figl:ll'etiel'\. .. 0,,1'1 rlM l:Iil'ei if "e~'elefl"'e"t eeeess eHists. Allels.'Je e8"figl:ll'stiel'\S skall Ise p.l"l'PIitte" Mi eePlSt,..e+e. i" aeee,..a".e witk ei+y, ee.."ty, .~ State eriteria, 8S appli.åle. tJe 'el'tifieetes If SeatflM.e'}· skall 8e iSSI:I.i fer "a" ¡".lISt,.ial "eveI8"I'PIMt 8f "'are tha" 229 resiientisl l:I"its (1399 ~aily "t:rips) .f 1fle Aesel"Ve ~e'ielal''''Mt ef AegieMI ¡"'paet tII'Itil tk. i"tel"s.e'ti8" j"'P"'lJeI'I'oeMS Ii"ier a) a". a) aae'/e kave aeUl e."'ple:teti. ~11j("'·""~~~lII-:r.··,·""'" ... .lC~ ...)j.~~w:r~~t<Uœ Ne al:lilsing per",its skall Ise iølieè fer Tke Aeser\'8 1::»M'.lel''''Ult .f AegiaMI r.e;t after ,J.a1W1II"'1 13, 1996, l:I".,iI M aee..~a"l. elM/\ lJ'Ief ¡..reve_le 6M+er .f '..esit, el' etker fep'''' ef fti"i¡1'Ig 81' seel:lp'it'y aeeepta"'a te St. l...eie 'el:l..../, is 'I"Ivisei 1'e St. bI:Ieie 'el:l"tv i" a sl:Iffieiel'lt a",el:l"t te sesig", perMit, ..... ee.....'l:Iet il'\terndie" sig".lilati8" at West MiswllY Aeai 8I'\ef 'Ia"es 'tit off Aeeti. ~Je '.I'tjfieet. ef Oee!tipMey shall ill. issl:l.è i" Tke Aeserr;e ~evelep"'8I'\t ef AegieA81 ¡",,.aet after ¡tiM 39, 1996, ttn'iI tk. i"ters.etie" ef VJest ,tAiews'f Aeai a"ef Glaèes 'tit Off Reaef is sigl'l8lile8. ·Sl:Iffieient aMen- shall ill. .e:ter",i"eè -r al'l M!il'u~eI"'S Pl'ej.etie" ef Prels.ale 'est sl:IF'plieè lrY¡ t!ole 8eveleper' a"EI apþl'e,,·.i BY the 'etJf'l1=y e", il'leel". e) We&t Miiway Aeae s..EI ~18E1es Cl:lt gff Reaef "Jertk"e~eI 'Iaeles 'tit off Aeea 0". left '1:11"" 18I\e· ""a thp'el:lgk le"8 0". right "1:1,... la".* eøt".""ø \·J..t A·Jew.1 ~eael 0". left ...."" I....· S". tkP'8l:1!h la... GrI. rigkt tl:ll''' la"e"'" Sel:lthillel:l"ti "a885 'I:It aff Aaaè O"e left ttll'ft lal'l8· 0... tkrel:l§k/rigk; h~r.. lafte \·.'elt~IYftef '.\(est Mis.art" Alai g..e le# ,...... lane* GrI. tkrll:l!k I...e "..e right tl:l"" IMe· * IMP"IV.",ents ....¡."s e....rent ee..fig"p'at¡." Resolution No: 04-081 FillCll hðuble UMel'linø i. for addition ¡'Pi!. "Fhr.. i. for deletion April 20, 2004 Page 28 1 2 3 4 5 6 7 8 fiiB, 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 888'/e e8I'1fig....8'ti81'1, i",el..åiPl! !!ignalileti81'1 85 war..8ftteEl, s"'ell Ite pe..",itte8 a"EI eel'lS'tr..eteel ¡I'I see'fElanea wit'" eiry, e.wr.ry, II' state eriteria, as applieel:lla. ~. ';~~i parMits shalllsa i!!s..ee f.1' "'81'e t"'8I'\ Hi (2,778 sail..- trips) resiElMtial ....its å , 9 Sltttlll"8 feet 8f il'l8ttStl'ial åe'¡eIIPltleM (Sa6 åaily trips) 8f after twel'J8 (12) ;;",;k~ 'f;;1'R the effeeth"8 s8'te 8f t"'is Da'Jellp"'ent 01'8.r "l'Iless the i"'pI"8¡;e"'8I'Its listeå "1'1881" a} .ltl"Ja "'II'Je Isasl'l let fel' eel'lltl'..eti.",. ~i~~~~~ tJe "..ilei,,! parm¡t, fer "'1'1 i"'8wstfial 88'Jell""'ePlt If ""f6 than 890 ..esiå8l'ltial ..",it, (~2S0 saity trip!!) a",å 99,000 s41:1.re feet .f ¡"'8wstfial 8.;allpI'I\lI"t (826 Mil)' trips) If after Daeal'R"el' il, 1996, w"'iek8'Jef' neW's fil'st, shall 8a iss..ell far Tha ~esal"Ve ~ev.18p"'eM .f ~egi'MI I",,,.et wnless tke flll.v:i,,! il'ltarsaeti.1'I ¡"",rs·t.ems, 85 l'leellae te pr.viia ~8'J.I. .f Ser-viee -9- peal. seesel'l ell'låitill'll, al'l. eel'ltai",eå i", tha atlrrent year.f t"'e Five Yea" 'IIfIital ¡"' sp'e\'al'R8At P"lgr8M, sl' '81'1'NetS ka','8 let "8M lat fer thair e.Mtr..ctiel'l, 11'1 s",ler tIS Ser",it t..rt"'er lIe"'eIIP"'lII'It il'l the ~e&8I'\'e 'I",,,,erae 'ePlte.., 1,000 54"51"8 feet ef i"åwtl"iall:lS8 i", tha sari. I'RII'{ la sl:l"stit..teå f'l" .e'" If 111"eeiåential ..",its, !Il'e';iåaåtMt t"'e tltal àail.,. trip ,MeNtis", elles l'I.t eH8aeå 1,776 trips, a) West Miåway ~.aå..å 'Iaåes 'lit 1ft ~.aå ~Jerth"etlI'lEl Glases 'tit .ff ~eae O"e laft ttll"l'I lana· Ol'le t"'r...gk IMa O"a ..ig"" ttlf'" 18I'Ie* EastBlttft8 '!/est A\ieh.r:wF· ~ead g",e laft tl:lr'" \Ma* g"a t",...tlg'" lMe S",e rig"'t t..1"f'I I...e'" Sltlt"'BI"~S Glase!! 'tit eft ~.as Ol'la laft t..r" Isl'I.* Ol'le tkr...gl'l/..ight t..rl'l ISAe 'Nest88Hflé \j.'est Misww¡ ~8ai SPla left t.."" lal'la* 0",. t"'p'etl!h lal'ls 0... p'i!"'t t..!"", IMa* * 1mpre'Je",ents "eYIPlEI etlrP'8I'It e'l'IfigtlP'atill'l '.11 alse'la eel'lfigl:lrati.", ¡Plel..eli"'§ sigPMSlizetil'" "'1"ifie.ti.M, ,"'all It. !I8I""'ittee &AS eel'lSt....etes il'laeee..elMee v;itk eity, e..."ty, 'F' stata al"it...ia,.. ap,.liealsle. ~J. 'al"tifieete& ef OeeYp"'ey shall 88 issueå fer "'8r. theR 9§,GGO s4t1ere feet 8f il'l81:1stl'ial l18'Jel.p"'eRt (92ft elail'! trips) al'lll 800 l'esiè8l'l4'ial l:II'Iits (~,2§0 ø.ily tri !ls), 81' s.",e e."'..i.....i." tl'lera.f il'l aeelp'8eft.e VJith this e."šiti81'1 EM' ..ceeeeling ~ ,776 elaily trips) iPl t"'a Ðevelepl'RMt sf ~.,ieMI I"'pset ¡(118M" .. 1=he ~es81"'1e, ... after' Ðeeelft8ar il, 1996, v:hieha';er eeeW's first, wntil t"'e il'ltel'seeti.PI i"'pl"e'¡Ml8I'I4'S eitell als.v. l'IeeåeEl f. sreviåe ~e!Jel .f Ser.riee -9- !I.I. sees." aePlëitiel'lf "'we 8e8ft a."'pleteel '1" a..e il'lel..Eleå i" t"'e e..rp'eRt )"eal" sf tke St. b...e¡e ,...",ry 'apital ¡"'I'r'"JeI'I\8I'Its Pfe!p'a",. April 20. ZOO4 Page 29 Resolution No: 04-081 Finøl f)aubll! Underlihl! is for addition 5+"¡ha 1ftr.. is for d&lction 1 2 §se. 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 t'hr~~'>Î_:'~I mJ~~.J9tiì~}Ò2 :....!!....~.~~_. ~~¡.w.~. (;I",,,,eneirtg il'l 181'1".Y 1991, ,ke a.....el."8I" skall y"set"telte 81'1 Ii 8ft1'l..al "-raffie "\I~~t~~ "P'89N'" at tke ¡I'I..-ersestial'l .f '}Jest .\'.iaway Ails Me '18Ses Cyt Of A... Thiil "rl~m 5~" ~ c~~s..etes syri",! the ",.!'Iths .f .181'1..al""I thr.y!h A'lel'eh, Tke fell~v:¡,,! eNllYsit9 ska" Be srefel"",ea 11'1 81\ 8I\I\tMl hesi5 ..Mil ,II .f the i"",Plve",ents itfMtifiee il'l (;.",siti.1'I N..",.er S§B als.·..e keve leeft i",,,leI'I\eAtea: 1. Perfil'''' AM eAe Pf.A pealt 101...1" t..rl'l¡J'I! ""·I.MeAt a.,,"'S f.1" 'I'Ie k"l'Iapefl Me tv.....1y (120) ",buries e"l"i", eaak "el'i... fl e8 !ltIWe tke fMN¡M..'" !li.W( (iO} "'¡l'Iytes "ealt peri.s. -rhese I'Yl'lts skall ¡"el..ee tr..elt e.tlAts 81'18 skall he ",ef.r",es i" fifte8l'\ (16) ",il'l..te il'lep.eAts. 2, Perte,..", a e8J1ae¡t'¡ aM~,'5is .f eaek ,.It 101.1:11' 'te tfet...",il'le ...¡sti"! le'l/el .f serviee at the ¡I'Itet'Sesti." fa.. 1,,1'101 AM el'lei P.'A "ealt k.l:I..s. 3, F81"eeest tl"sffie flemends fel" eeeA t...."iI'l9 ",a'''_8I'It "!Ii,,! Issh"...,," treffie a5 ~Jell as "I"e;jedee aev.I',"'Mt w¡tki", ¡,fle Aeserve fel" tw. '¡ee!"S. ~. Pertel"'" eepeeity anel'fSis ...iPl! the te...eestea AlA s"ei P.'I. !Ieelt 101.1:11' t..rl'li"'9 "'8'1e",ents t. aete"MiM f..ty". I.....el 8f .eNiee. . S, IseMiry i"",..ave"'erlts ",eeess..., at tke iMe..se.ti.", te ".....·iae bevel .f Sel"'¡iee -D- sl:lpiP\g "ealt h..... san8¡ti.1'IS Ma'tke ",.",th Mfl ',eM (eMeeeSMee flat e) wken the ¡",,,re\'eH\Mts will he "eedea, if the ¡I'ItePSedi.", is ",...jedeS te eNaeei b..wel .f 6er'J¡ee -£).. v.'h~ SI'\ eteeeessl'lee elate is eleter",il'les, IlIilåiPl! ulf''''its .k811 ",.t Ie i55l1e" eftel" the t."S'trweti." 881'8 Yl'ltil the ",eeeee ¡......·..emMts sre let fer eil'lStl'..eti."" 1=ke e.nst....eti.I'I .late is aefi"'eØ es .¡.( (i) ",IMhs pri.r t. the 8JCeeeSMee sate. Besi!", SPIel p.,.",itt¡ng .f these imp"aveMent. "'ltSt Ie e.",,,lete h, ...he e.PISt,.lIeti." 8ate. Wk8l'l 8'" e.(e.._,,!e e8te is aeterft\i",eEl, CerMie8tes If Oea.."el'\ty shell ",.t he iss..eEl after the eHeeaslll'lee eate "Mil the i"'I".".....M. al"e .''''I'letee. This e'I'Ieiti... is velifl lI't'til the i"'...·¡e"'8I'Its iel...tifieè i", Ce..d¡ti.", §6B heve .een ¡I'ftJlleMeMee. 'f1.Iis aMyel ",e",it.,.il'l! 1'8"'l"t shall Ie sllll",itt. with tke SMltal re"e"t l'eIIl:lire" ..",ele,. Part E, .f tkis Aes.lyti.",. iifir~IIii~~ April 20, 2004 , Page .30 Resolution No: 04-081 Final bouble Underline 1$ for addition ¡trill. 1=h......'" i. for "tio" 1 2 3 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 4 5 6 ~ Contracts shall be let within 18 months of the effective date of Oreil'l8Aee ~Js. - :!:WI amMd~ develoDment order (ADril20 2004) to construct the following listed improvements (i and ii): i) Signalization at St. Lucie West Boulevard and ¡-95 West Ramps intersection; and, jj) Extend the southbound riaht-turn lane includino the deceleration distance: to a I~~ation 600 feet back from the STOP bar for the southbo\ nd left-turn lane, a ~: buildino Dermits shall be issued for develoDment that cumulativelv aenerates more than ~~~ t~:~1 PM Deak-hour threshold triDS QS indicat~ in TQbl1l 1 list~ after Number 59 it ~ of the listed alternative adio", has occurred for each of the indicated imDrovements. 56. ~Js "..ilei,,!! per"'it5 fer "s.. i..è...trial 8e~ell,"'Mt shell Be Iss..eEf fer "'Ira t"'8A 1,900 P'esi8I1'1tiallll"its (6,g73 .iI'f trips) If "T1'Ia AeelP'lJa D8'Jele,,"'Mt ef A~is"el ¡",,,aet ....tit 811'1tl"8et5 "'e':. Be8l'l let fer t"'a es..str..etil" If i"ta",seetie", i",,,re':etfleMs te e"tai", tka felllr:i",! el..figltrltis"" i",ahtel¡,¡g sigl'lalii!atill'l If' sigMlilatie'" "'1C!Ufieetisl'l es wIl"rSl'\tee 8) 8iv,., ellll'l"" epo state er¡terie, as .."lieåle. a) PriM 'lists Bewlw:arø Mt4 kfsk.re eewlevarø Nert"'''e.."à Be'ls"'el"e Blv8. 01"18 laft tIU"" lel'la . Ol'la threl:lgh¡...ight tHl"l'I IMe ~85t"elt"'8 Pri"'lI Vista BI':8. g"e left tlf"'" II",a O"'a thre..!'" IMe OI'Ie right t....... 1.l'Ie S8lftkB81:11'18 Bevsk,,,,. 98..le'I8P'8 Ol'le rig"" tur", IMI* O..e "'kl"8Hgh la",e 0"' left tltr", lane '!Jesthetflla8 PriN Vista 81·'8. OI'\e left tltl"'" II",e 01'11 thr,wgh/ri,kt .....1"" 181'1e * IPltep.seet¡81'1 I"'''f'8'1ielftel'lts .1",1"'8 e..rf'II'I'" el"fi'lfl"8til"'. 1.11 BBI':e elrtfi,lIl"8ti.NiI sh.1I Be per"'ittM .Ii elnst:rlteteel ¡", aeell"éenee wit'" eit)·, 881t1'lty. II' Stete eJ"itel'ia, IS I""lie.lilla, Þ'J. .'erlifieate5 lit Oeelt""'ey sk811 Be i...Mi tel' "'I'" il'l.....ri.1 ee'¡elsp"'Mt sf ",.rl tk8l'l 1,00g resieaMial ..",its (6,Q73 eBi~' trips) sf the ~eserve bevel'"M"'" 8f A.,i81'1811"'plet I:I'Itil the ¡"tarsedi.", i"'''I''S'¡e'''Mts IIPlsel" I) a81"'e k.... ...... e....let.... ~.~~~',íœ i!.ØE.~..JJ!I~-<L~!!J.~il<"'~'· April 20, 2004 Page 31 Resolution No: 04-081 Final Double ~ndBIiIll! Is far addition ¡t,ill. ~ .lIth is for deletion 1 197. 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 32 33 34 35 36 ~~ ~~le~1'I! =~it' ,kall ¡'a i"..ae fal' il\8..stl'ial 8.:¡.le,~.I'It v:itki", tke ~I'~~e~~~ ; n - en tll'!! ",el'. tk.", 260,OGO (1,383 8al~,' tP'I,'} ,,,_P'. hat II~ ~ ~~ ~;f ~;....llM Iee'....iI _... he......, lei fO<' the !~~~ ~:::;:.~s, i~il"èi~' all p\aee5sal')l ltl'18ge "r..et..l'~ (8a~·al.~",~~ ~~ t~~-~~~.~::; ~ :~.~r;;;:· is sa",.I'I9+"eteEI th~...,k tke t'a~fla '''''''It.''I''! "re,:_ tkst eés..tl,..1 . tN ¡ " ~¡ "a aee8",,,,eEleteEI wltke..t aMa8alh"! b.a·Jal ef Serve EI- pea" """I', peek sees,,,,, '1' be-/slef Sal"'liea "C- "1\881" a'J8I"ð!e 8",,_1 sail)' .,,,,si'ti,nø): a) FetlY' ISM V.'est !.\ièwe". Aeai triM I 96 t. Ole&ftder A·.;en~e. þ~ ~~t~fieete5 If Oaa..pal'\ey fer i",8..stl'ia! 8e-.a!eplMnt witk¡1'\ t"'a ~e5er·..a 'e",,,,al"e. C '" a eMrS'til'!! IfII1'8 then 360,000 (1,383 ..ii', tl'i lS) ......I'e feet e~~ ~~~,~ ;~~~í~ J"';; .f ~8§i."'a! ¡"'peat shall ¡'a iss..... ..",til the 1"..f.'8'( iMpr,vemeftt "~e;, (~ ael'le 101.. "aen a,,,,,let." (sl'Jelep",ent la'IJal 'k....h,l. lMï "a il'\areasea if it is =-::tl"at8a '1011""1101 t"'a tl'affia ",o"it.ri"', '''''!IN''' that. ...Eliti.MI 8a'Je!""'ePlt PM'( IJa e eeat'" v:it"'e..t eMaeeeing ~..al of Sal"Jiea "9- "eelt h...I', ,eelt sees,,,,, 'I' ~\'al of 6enriea -'If ""8er 8"JeF'8§8 .""HsI èeUy e,,,èiti.,,s). 68. ~Je ....iI..ing "er",its skall "a is...as f,,, i",slfStp'ial s8'Jal.,",w l4'itkil'l 'tha ~e5erve Co","'eree 'ePI"'.r !lMerstil'l! ""..a than 260,900 (1,383 e.ily tri,s) st1_l'a faet ef 'fke ~BSal'''e Ð8'Jel' S"'Mt .f ~8§ioMI I",p.et ..~til aOl'\tr.e" "'8'/a "eeft let fel' tka fell.v:i",! ..,aswer ¡"' SI',vM\el'lts, ¡",el..Elil'J!l 8111'1aeessary IJl"iege stl'..!t..,.. (seval' S"'eftt hr...1 'kresk.lss "'8'1 8e i",...easas if it is ee",orlStl'sta8 thl""'''' t"'a traffie ",.",it.l'iA! ,...gr.'" tkat aelsitilMI elevelo s",ent !MY 8e aee.",""setes witk.tJt IMeaeEli",! Leval of Serve "D'- Sealt k,..I', "eelt seese..., e" beval .f Sal'Viea ·c- ..",eet" a~'a'ale M~_I sail"f eOl'lsitiol'tS): a) West At.isw8'f ~8as s",fII S......k 2§'~ St..aat (St. ¡a",es ~..i·¡e) Nll'tkBe..",s So..t'" 26th~6t: OI'\e left tl:lP'I'I I.",e 01'\. tkl'.tI!k I.",e O~e rig"'t .....1'''' I.M* EMf.IYReI 'Nest .\I.iiv.w A.ass 0... left t..P'''' IM.* Ofta t"'I"...,k IMa Sae."s tkr.wgk lMe* OrIa 1'¡!lM tttl"" 1.",&* S...t"'BO..I'IS S,Itt'" 2fr1'-St: O~e left ......... la",,, See,,,," I.ft t..P'''' la",s!" O~e tkl".tI!k 1M. OPIe ..igkt '''P'''' I.",e* \".'~8'l:IP\ø West W.isvJeV ~..8 a~a left .......~ Ie... a",a tkl'owgk I.". Saeo~eI tk.....,k 1Me1" OrIa rigkt t..P'''' I..,a * I"' SI'OVel'R81'1t "a'I''''' e..,.rent ell'\fi§..,.stiel'l ~j. Ce,.tifiaates ef Oee.."...ey hI' il'ls..stl'ial 8....al.,,,,ent vdthil'\ 'he ~e'er'.·e ,.",",aree CMter gMal"ati~g ",.,a th8l'l 260,900 (1,383 sail'l tri,.) .....8'a feet .f 'The ~e5aP"le April 20. 2004 Page 32 Resolution No: 04-081 Final ~bl& Undll!rlill£ is for addition ~,ih. ~,....ft is for deletion 1 2 3 4 5 6 !i9. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,g. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Devel'''MeI'It If ~egillA81 I"'''8et shell "e ¡ss..ee I:II'Itil the re8S\I.'8'{ iPf'lllp"'/MleI'It \:I"set" a) a8.~.~ e has BeM e."'pletes (èevel'p",ent I.vel thresh. Is. !MY 8e i"ereeses if it is éerft.".tl"eteel th,...,k tke .,affie ",."it,pip\! P"'§I"MI fket aElElitilMI se\'el."",..t rNIt Be eee,,,,,,,.Eløael witha..t "Ieeesi", bevel If SV/iee "Ð- "eelt kel:fr, ".It .ees.", '1' bevel .f Ser\'iea ",- \:I".er ave!"age ,,""'IHII èeil.,. e."siti.ns). ~JII ...ilii,,! ".,"'it. .hell 8e ¡"..et!! fer 1'18'" i",Ell:fst,¡al ee...el',,",Mt If ",.,.e thM 1,49~ resis....¡.1 ..",¡'ts ~,013 Elail'( tri l')' 8 UiO ,,,'" h.tel (1,361 èeily tri".), 6S,OOO SftIHl,e feet .f e.",,,,ereial (!i,61' sail, tri".), 8I'IB 30,GGO SfJlHIre feet .f atti.. (6S& Mil, trips) .f 11Ie ~e5e1"\.'e 1;)1)',ela"",- If ~egi'l'I8l ltftpeet IIMiI ea"treds have 8eM let far the fellewi"" reasv:sy ¡",,,,..ve"'Mts, i"el..si",! ell Ï\eeessary B,¡EI,e strHetli'es ( Ele\'ele,,"'Mt I~Jel t"'resk.,. IftWI .e ¡"'eI"ee5eè if it ¡. iertl'l'I5tr8tee fkra,,!'" tke tratfi, IftI",iteri"'!I pragrs'" t"'et eelii"i'l'I8l eevel."",ent eeI'I 8e eee,,,,,,,at!!lt.i witke..' eHeeesiPlg Le';el ef Ser'.'iee "f;)- "eelt "'IIII'. ,..It Jal5a"', ap' Le...el If Sef"\.liee ",- .."elel' 8VeI"age 8I'I"i:f81 sei I'{ ea",éiti.",s): e) Si)( IMe PriMe'I..ta S'lile'JlPs fp'a'" I 9!i fa West Peee.e\( Be..le'o"e1"8. e) Falil' la",e Pp'ilM '/ista 8e..I8';.,.eI f,..M Sesk",.,. B...lelJ8..s te Beysh'p'e 8...leo.·'p'i. Þ'JI 'e,tifieates ,f Oeelip".", s"'all .e i.lies feP' """ ¡",elli.t..iel éeve.I'p"'eI'It .f "'81"e tAM 1,191 resielentiel WAit. (9,0'13 Mily t,ips), a 160 ria'" h.tal (1,2&1 8ail.,. tp'i,,), 6!i,OOO !HIllap'e teet lit ee",,,,ereial (5,&16 sail'! trips), a"e 3Q,GGO slIliel'e teM .f .ffiae (666 sail, trip5~ .f 1=ke ~eserve 1;)e'/ela l"'Mt ,f ~egi'PI8I I"'ped IIMil. tke I' '88\1'."',· itYLp"6~~mMts !:fReer a) ...i .) aBeve. ke'¡e 1"eM e'''' lletes. Ne Bliil i il'lg lsP''''it. .kall Its isslieB tel' "eft ¡",elHstr¡al se'_el' I",..t If "'III'. 1:ka", 1,~94 resisentialli"its (9,073 eeily trips), .160 "'''' hltel (1.261 Bail, trips), 6!i,009 sCfIHl..e feet 8f el",,,,e,eial (6,616 Mily tl'i"s), ...8 ¡O,GGg SfJ.....e feet If .ffiae E!i6' Sa;'" tri ls) .f tke ~eser'..e !:Þevelap"'Mt .f ~egi...al ¡",eet I:II'Itil a.",traets he\'e "ee", let hI" the f.lI.wiPlg i",terseeti.", i "' lp'.ve"'eRt.. i",elliii"'g .i,Mliati.1'I ",.elifieeti.",. 15 Wal"P'Mteå "'f eiry, 'Ii"'tt, 'I" ....te. .r¡te,ia, 85 ap llieelle Eèevel'p",...t level et thresk.ls. 1M'( 8e i"el'ea5es if it is 8e""l'I5tp'etei thrl,,!k tke tl"8ffie ",.",it...ifl! 1'1"1'l"a", that aesiti'MI 8evell''''e.M ea", e aee'M",.èatei vlith."t eMaeedi"! b.~"iel If Se"Jjee -I;)- I.1e kllip', ,ealt seas,,,,. .r b.e·¡el f Serviee .,. ....iep' .veNte ."....1 dan, 18t1siti.AS): ~ '!Jut Peee.eh S...ls-"1"8 ."8 PriMa Vista ea..I.,arel Jarthlt.liftB 'I/est Peeeult Slve. Eestltel:lftel P..¡.... Vista 81'1fi. l'Ie left t....", leAe** o..s left fll"'" 18",.'" s "krell,k 181'1&"'''' O"e tkl"'H,k 1M&! "'. right t..,1'I leAe""· See...s th",,,!k la",. 0". threligk/rigkt hl"I'I lal'l&'" l..thlaliftB West Peeeeelt 8h'8. 'A(..tLt.....eI p,iMe \Gsta 81·.:8. No: 04-081 April ZO, 2004 Double Underlll1£ Is for addition Page 33 &trille ';hrl",h Is for deletion e It . a þ g 0.. o S Aesølution Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 61. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Ol'le left .....1'\ lal'\e Ol'\e left t..1"1'\ lal'le** Ol'le thl'all!h lal'\e Tv.', thra..,h lal'\es Ol'le right t..", la"e 11.i..¡ t"'..awgh lene* 01'\8 poight tHrl'l lane Is) I 98 ani p..ilM 'Jists 8allle·.¡e..¡ (1) .f.si 'wa lal'le parallel stl"lIe:t:....e (2) ~J.P"t"'....I'IS al'le ..i,kt t...." 1M' (3) ,...thha....¡ Il'\e 'ight '''1''1'\ lal'\e (1) S...tka....,i ..e.,,8 leoft '..r" lel'le * Il'Iterseeti." ¡IIIpr.'¡emeftts Bey'1'I8 e....,.ent e8l'\fig..,.eti.I'\, '. ** 01'\1'; rect..irei if iel.el.plllent eeeess eNists, 1'.11 af the a..n e'1'\1i,tl..a:till'ls shall B' perlllitteel ern' eeMtr..e'eel ¡I'I seearllMee v:ith eity, eawnt'y, .r Stste eriteria, as appliesBle, ÞOJ. 'ertifieetes .f gee"pMey shall Be ¡s...ell far awl "'1'\ il'\lItiSt..ial ievelsl'IIIeAt sf IIIar. thel'l 1,191 resiel"",tialwnits (9,073 lIail)' t..i l')' a lS9 N.III h.tel (1,261 8eily tl"ips), 6i,000 sf lIa..e feet .f e'IIIIIIer'eial (6,616 iail'! trips), ...i ¡O,Ogg sf ..a..e fe.t .f .ffiee (86(, sail'( trips) .f 1=he Aeserve ~f '...el.plllel'lt .f Aeti'l'Ial IIIII'aet I:Il'Itil ,ke illlpr.-"",...t. tiNier (e} Mi (B) aa.'/e ka\" heM e."",let8". . Na h lIiliil'l' perlllits shall he ¡sstlei fe.. 1'181'1 il'\stiStrial eevelepMMt .f Ift.,.e tkM 1,191 resi"entiallll'lits (9,013 IIail,! trips), aliO ,..'" h.t.el (1,261 8aHy trips~, (,1,900 ''1'''''' feet .f e8111",ereiel (i,616 eaily t,ips), 11'1" 30,000 sf lIsre feet .f .Hie. E§16 dail)' trips) 8f the Aesel"'Je 91\,'81.pIII"",t .f R8!i8MI ¡"",set it~til .."'tI"8ets ka\'1 "een let f.r the f.II.v.-il'lg il'lterseetial'l i "'I',e"."e",ents, ¡"ehuiil'lg Si!f"8lizati.1'\ "".elifieeti.1'I5 as we"Nl'\teel B" eit)', e.lil'\ty, al' Itste e..iteria, as ap llieaBle (8&'JII'PIIIMt level .f tk,.kelds INIY ae il'lareaself if it is Ele",...st,.ateè tkp'.wgk the ~rsffie IIIa"itep'il'l1 prlgr.'" that .EliitilMI 8...".18""'8I'\t e81'1 al aee'''''''8satei wi1'k...t eNeeeéil'l§ bevel af SeNiee -t). "..It 101'111", "..I( seasa... '1' LetJ81 .f Sel',iee .,. ",,"e, S'/er'S!1 sM..1 slsily eel'lsliti'I'I5)1 .~ Bayskere Ø...ler/arej Me Prin Vista Bettle-i.,eI ~1art,",.alil'\eI 98\",",''''1 81vlf' East"..."" Prillla Vista SlvEl. QI'\e 11# tll,.1'\ 1811'11 0"1 left filM IMe Ol'\e threll!h/..i!ht t...... Ie". Selll'lll left till''' 181'11'''' Ql'le thr...,k ISM See'1'\8 t,",pugh lane* 0". rig"'t .11", lane S.lItk..1I1'I8 88\'6""'" 8h:e. 'A'e5t..wn8 P,ifM './iMe 9h18. gl'le left tll'" I."e Ol'le left ttll"ft Ie... No: 04-081 April 20, 2004 bouble UnderliM i. for addition .. Pagc304 &tril. ~"'1IJk i. for deletion ~ Ruolution Fino! 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 19 20 21 22 23 24 45 26 27 28 29 30 31 32 33 34 35 ~ ~~;:;;:~:~e OrIa thl'sy!h 18"s- Q~e thl'sltgh/rigkt t"..1'I IMe * Il'Iterseetiel'l ilnpreV8MeAt. 8ÐYeM 811,.rent eel'lfigHr8tiel'l 11\e llae'le ee..fi!lIrati81'1 sh_1I ae perMittee Il'Id eenstl"l:Ietee ¡I'I _eeers8ftee wit'" tit)', eel:ll'lt)'. 8F' State uiteril, .. .,plieelale. Ne Certifie_te ef Se811pMe)' shell 8a issYeØ tel' 8I'Ir "a" ¡"8I1stl'ial èe!Jal.p"'eI'\t .f ",ere :: ~i~ ~~iel ~t. (9,G13 ~Iv ~i,.), .1!iQ ..... h.tel (1,a61_1y !ri¡oe), 65,~ _r_ _ "''''81''8111 (!i,&16 ¡Illy trip,}, a,,¡ i9,9QO 5~I:II,..e feet ~ ~!~ ~~~6 ~¡~ ;F'~;) ;¡ ~~ Qesal"lfa t)ar:elep",er¡t If Al!ieMI ¡",,,aet I:II'\+il t"'e i"'pl"l·:8ffteI'ltS uNier pel"agl"""'s (a) _1'18 (tiI) aB'\'a hl'Je lIeM ea""leta8. é2. N. 81:1¡lèi"g ,erlfl¡ts shall "a isslleØ 'fel' ."" i~øllstl"ial ¡8'\:al.pft'lMt .f ""I'a 1'kM :'~~~ ~~~:I y"it. p6,U~ 8ai~' .trips.}, a 2!i9 reI'" h.tel (2,H1 ¡aily "'~¡ps), 16S,9OQ S4 1I8I"e ~ ~' ;:-,101 (IQ,289 .'Iy tr,,,),.... 61,_ ......... f..t of off,.. ~....eI.,..ont 1971 ',' I'i ef tka Aee"\'e gevellplfleAt ef Al!i'MI I""aet YMil e."'t...e~s ~~ "~:~ I~ ¡;;; tk~ 'f:lIllf.'i",! i"'P""¡elflel'lt (s8'Jal' !MW l8'lel .f thl'..h.18s Pftti¡ lie il'le~ee5eel if it is 8:::"'::88 tkl".ttgk tha tpsttie "'''~it'l'il'l! p"'gp's,,, 'that aå8itie"sl åe':ell"l'I\et'lt e8'" 8e a . atael wit"'ellt Øf.eeed¡1'I! b.er.ral .f ien'iea -98 ,eel( 1.11:11', peelt SeeSII'l, '1' Level If Serviea -,. l:I",eler a\'erega aMllel åai~' ee....itilns)! a) eight lanl Pl'i",a Vista Bel::ll8'J...ø fr.ft\ I 9!i ta '/Jest Peeee. ( BIyl8'....rå. h) Sill IMI P,.iM. 'Ast8 91yI1\'81'8 fl"ll'I\ 'Nest Pee.eelt 881:111\"8"8 te Gesh",el'e 881::118'''''1''8. NI 'al'tifie.tes et Oee..."'ey sh.1I .1 ilSl::laå tel' "I'" i"eJYfltrial "eval8pMent .f "'ll'e tk.", ~i.: ~"",,ti'l ...it. (l6,3H "i~1 trip'), . 2&9..... h.tel ¡2,tH ,,¡Iv tri,,), 16i,9Q9 .. e It If eeM"'eI"eisl (19,389 8aily trips), M" 61,QOQ '411are f~! I~ ~ff~~~ el~I;'~;t (97~ Mil'! trips) ef 1118 Aeser'l 9evelep",ent ef Aegiel'l.'" ¡.at w.'ltil the i",,.rev_eMS .."å8l" a) 81\8 I) .8..il k.\'e 8alft e'Mpleteå. é3. ~JI al:lildi"'!J perMits 1"'.11 II i!lSI:IM fer .,,'" il'låYfltrial eJe\'el,p"'eM 8f Mera theft 2,697 resiåMtilll:lftits (16,31~ daily trips), a a!iO I'll'" ketal (;a,HI "aily trips), 169,000 s~l:IBf"a ::: ~ ::~"'el"ei.1 (1Q,aø9 Mily tl"i !S), 8ft" 61,9Q9 s~l::tara faet .f .ffiea ål..'elspment (97~ '.. i ,f The Aeser.e 98'''11.1''''_ ef AI!i8MI I"'paet ..Mil e...tl"~~~ ~ ~~ ~t fer the eal'lStl"l::teti." .f il'lters~etiel'l i"'PP8\1'l'I'IeI'\ts t. e!stai", the f.II.v:i"'!J e.l'Ifigl:ll"atiel'\, il'\el"8il'lg Sig"aIiHti.", el' sigl'l8liEatiel'l ",...ifieeti.1'I as wal'l"tIMe8 lIy eity, eelll'lfy ... Stat a uitel'ia, .s ."lieslle. e) Pril'M '/ista 81'1" WetSt Peee.elt 8...1""1"8 Nerthall:lM '.Vest Peeeee ( 91·J8. e..tl.III'IS Pri"'. Viste 91'1d. April 20. 2004 Page 35 Ruolution No: 04-081 Fino! Daub!.! Underline Is for addition Stprjh. 'AI.... Is for deletion 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ~: ~~t tl.tP'~ IBI'Ie** r.\:Igk ISl'Ie** Q...a ..ight h.." IMe** S81:1tklseURe 'l/est Peseae.h Blve. o..e left fy..", IMS See.",elleft t..r", lane* Ofte thp'.\:Igk Ie"e Oft. right "\:II''' Ie...e O",e left '\:IP'''' Is",e See."s left t....1'I Is"'~ O",e 'hr. \:I!'" I...e See.,," 'h...wgk I."e Ofte t"'r.ygh/righ' tt~P'1'\ Ie",s 'Ifes''',y,U PrilM 'ASM Blvel. O",e left ty".. 1.I'Ie ** Three ,hr."'!h I.",es Fayrth thr.y§h 18I'\s* OrI8 rigkt 'yr", lel'le It) PriM" Vists 8.\:Ilew..eI ."'8 '.Iihr"ia ¡'\:Ile'/arel N.rthla'\:I"'s '.lif'l"",i8 Bh"s, O..e left ,....'" ';'s See..... left t..r", 18",e* OI'\e'kr.wgk I."e O"e rigkt 'iii"" Ie...e S.ythla'\:Il'IeI Calif.r"ia Blvt!, O"'e left t\:ll'l'I I...e Ol'le t"'r.yg'" la"e Ol'le rigkt t\:ll"'" lane ~astls'l:II'IeI PriM. Vist. Blvs. OM left typ'1'I IMe See.",8 left '\:If'1'I Is~e* 'fw. tkr...'" lal'lell Thip''' ''''f'8Y§h 18I'\e* g",e rig"'t t\:ll'l'I lMe Wes'tIs'''1'I8 Pr¡",a Vista Blvd; Ol'le left t\:IP'1'I 18",e T'W. "hr.ygh lMes 'fhi1"8 thr.\:Igk IM&- O",e right typ'''' lane c) PriMa 'Iista 88\:1le·.'81"8 M8 &:eshMere B.l:llw.....eI ~J.rt"'lu\:ll'ltl CashMere 81'18. O"e left t....1'I lal'le Ol'le thr'\:Ig'" IMe Ol'le I'ig"'t tyI"A IMe ,...tkla...I'I: CaskMel'e 81'/8, Q",e left t 1'1'1 Ie",e See."," left 'tAr", la".* Ol'le 'kr...!'" lane ORe I'ig"'t t..P'" IBM 'eell'le rig"'t tI:If''' I...e· l:;'øt....."'8 PriMa Vifta Blvè. O",e left ;1:1..'" 18"e Thirel ;"'flY!'" IMe* ,,"e I'ig"'t '1:11'''' lene Y/eøta8...rI PP'ÎltW \'¡sta 8lvel. Ofte left t..r'" I."e Twe 'hl"",!'" I...es Thirel ''''1''''''' I...e"" OrIe I'ig"'t t....1'I Ie",e é) West Mi"wø¡ ~.aela'.. East 'Tel"j",. Pa..l,way ~J8P'tkIt8t1fte E8st T.ri",. ParlMWI' g,.. rig"'t t..... IBM Resolution No: ()4..()Bl Finol Eestk.wft8 'Alest MièwtW Rase O",e ,"'.....g" la",e Double Unåuline. I. for addition ¡trU. "Fk....,.. i. for deletion April 20, 2004 Page 36 1 2 Ol'le left hl..1'I lell'ltt'" Seee"s t"'r.wg'" lal'le'" ,,"8 rig"'t tll..1'I I..,e'" 3 4 5 6 S'lIt"'It'III'I~ East T.ril'l' Pa"Iw.8Y N/.~. \·Je5t.....u' '!¡ast MiøvJ8V ASls Oft8 le# ;IIP'I'I 18I'Itt'" 0"8 tkrlwgk IMe. õeel"e ;"'rlll!'" IMe'" 7 'lOr IMers8etiel'l i"'pr"/8"'Mts heYII'\e ellrl'eI'It el"figIlNtj ,I'I. 8 ** Ol'lly reffllires if eevellP"'eM aeeess _ists. 9 NI ^ - I'Ilt 8 '"liealtle 10 11 1111 alitlve eIMigllP'sti.1'IS s"'ell he per"'ittes al'ls ell'lStl'..etee ¡" eee.,elll'lee wit'" eity, e'II"1')' 81' State tl'iteria, 85 applies"le. 12 13 14 15 16 Nt Certifieates If Oeeup."t!Y sh.1I ae issues fer "SPl i"åll9tri.1 Se'/ellp"'ent If "'Ire th... 2,607 resisMtial ~"its (16,3H eleil'f trips), a aso rIa", hatel (2,1 ~1 sail'r trips), 166,000 5411a..e feet If e.",,,,ereial (10,289 eailr' trips), fin. 61,000 ~..re feet If Iffiee 88\'81Ip"'lI1t (97~ iai~' ;rips) .f The Reserve eeri81Ip",..t .f Regie....I ¡"'paet IIfttil tke ¡!'Iterseetial'l iltlpl'lV8"'Mts l:tI'Iier (at (It), (e), MS (i) aalve ha'.'e heM ee"'ple'teel, 17 6~, 18 19 20 21 ~Ja ¡'ttilelil'l! per",it;! skall "e ¡"lIeel fa, ."" il'lelllstrial åevelep"'Mt If "'ll'e tkllft 2,'07 resi8Mtialll!'lits (1',31 ~ 8sily trips), . ¡sO 1'''''' h.tel (2,1~1 sail',. trips), 16s,000 11411...e feet .f e.",,,,el'eial (10,289 ssily t..ips), sM iIl,Ooo s"uare feet If Iffiee ee1lellp"'8I'\t (97~ .Ui' t,ips) ef The Reser"e ee1fellp"'8I'1t ef R~ieMI IMpset tII'Itil elMP'sets have Been let tel' t"'e felllv/i"'! i"'preve"'Mt: 22 23 a) FellI' la"e 'Nest Peaeeel( 81111e'lSl"e tr8'" lIfti'/ersity 811118'.'8re 1'1 PrilM Vista 8ellle'.re,s. 24 25 26 27 28 29 NI 'ertifieates af Oeeli~Mey lI"'ell "e isslieel tel' ",,, i"stlStp'ial i8'l;elap",ent sf "'Ire tl'l8ft 2,&01 P'IIsi.e..tiel ,,"it. (16.3H .eil, trip.), e :aSO r..'" hatel (2,1~1 .lei'" tpi,.,), 16&,000 slfli8l"e feet If el"'Meraiel (10,389 eleily trips), SA. 61,gog sct..re feet af affiee é8'Jell""'8At (97~ iail" 'ri,s) af ,""e Reser!,;e Ðlevelll""..t ef R8!ienal ¡"'paat IIl'Itil the il'lterseeti81'1 i"'p..e'le"'eftts "!'lie.. '8I"agNpk (a) a"e1le keve "eM ee"'ple4'ee, ~~::::Z~:"'~"';¡;;.!m!.ilïft··' ~ ~.. . urit~~~~œaJ,~g 30 66. 31 32 33 ~J. Itllileli..g per",its s"'all "e ¡"lies fer ¡".tlStriel e...le,,,,..t withi" tke Reser'/e '.",,,,eree 'enter If ! eneretiR§ ""I'e theA &,760 eeily -¡;..ips nil ee",...ds heve aeM let fer the fellewi",! ¡",preveMeI\t (eI..¡el''''''8At I.vel If th..eshalss "'WI "e il'leireasee if it i!l 8_el'l51'1"81'es '1."811'1'1 t"'. tNffie ",...itarift§ ,...e,N'" ""'at lHIåitiePl8I sevellp"'Mt ee" ae Resolution No: 04-081 Fined April 20. 2004 Page 37 Dauble U~liNJ is for addition ¡tfille 1=hr.. i. for deletion 1 2 aea'M",.sate" withelit eJceeesi", ~..;el sf Servin ·9- peah hettl". peelc seas.", '1" L.evel ef Serviss .,- 1:II'\8el' a.wage a""1i81 s.ily el"sitie"s)¡ 3 4 a) Fllir laM ".eles 'lit .ff R..I!! f....M Reser"..e 'I",",eree 'enter (~I T_",) wrenee t. YJest A'.i8WIF¡ Aeaå. 5 6 7 ::+';::: ~ =:;:~I.kell b. i.....U.' ~~.~~k wlthi. tho ~ ~ " ¡ 1.81'\ 8,7(,9 elally tl"lp' Ii"tll tke I",P"IVM\eftt .."eler p.ragp'apk (it) eeeve kas beM eatnflletee. é6!.. ~ ~r:.':"'''' ~.....Io~....t .'. ~Iot ..~,.... ....11 b. i...... oft", ..~~:'. ~~ :~ e 1"888 fr,,,, tke I 9& ,,,terekMge "I..th th..I"!h ~ ~~~~ ~~c:: :::: ;!~~~ ¿ì~des CIÃ' Off ~ea" ....~il e'~...e!' h~'Je ~eeft let fer the c~~~t~~~! t~~ . fellewi",! irtterse81'il" i"'P"I-.etf\et'lts, lI\el..elmg slgnahlat.." .5 WCSl"rentee "y elt(. ee.",'Y, ... sf.fa s..iteria, as applieeble: 8 9 10 11 12 13 a) ¡"terseetie" If el"".81'I" P',.eI with Reser'/s 81..1e-;al's 14 15 16 17 Þ'J.rthbll:ll'\a a,,,,,,eet,.. ..Iaa Aelelleft t...." ISI\e-* "'eleI thrl..,k 18I'Ie* AeleI elllal ri,kt tIi,." lanes* Eestell:ll'\eI ~eser'le B'lile'/apel l.elelle# tli,"" la"e .~.eleI seel"s fkr'lig,", IMe' 18 19 20 21 ó'lItkbe.."eI 88""8!t... ...sa ¡'I¡ss s...lleft fli"" I...es As" thrlll!k la"s* WeS4'81""S ~eset"'..e B'IiI8'.<ereJ !.ss 8t18lleft t...." 1....81* I.chi seel". fhrl..gh IlII'\e ABB ..ight ;...." IMe . 22 23 24 * Ol'll'{ "ec lii..e8 if 8e'Jellpl\'ll!lAt aeeess se..;,", If ~eservs B...leveI"8 aNists. If it å.es ".t e.dst, the .EiEiitilMI ¡"'p...·;_'"t. sk'IiIEi Ie 1"ec lIil"eå at 5tieh ti",e es aeees5 is ..<eil_le. 25 26 All .B,Ye ee"fi!ti....ie" shall Ise per",itted ."a e.PMtt....eteé i" aee'''8I11'\aS v;itk ei1'y, a..."t/, .r 'tete er¡teri., at .ppliea"le. 27 &68. ""''''Msil'\! tka 'leer .f e.I'I5't,.lIeti." ef fke pll"lia aeaess ..... tr.", the I 96 i..tereklll'\ge 28 ".,.th th...II!!h -,:he ~esel"ve ,.",,,,erse ''"tel' eIMedi,,!! te 6:1.åes 'lit Off R.acl. si!!"al 29 wa"I'.,d stllèies ,hall "e ea..BIi.tee ....ri"! tke peele .....1'1 at the i"ter.eeti.1'IS iSMtities 30 "ellw ""sIr a3 'krl..,k .).1.5 ,wah ti",e as the sigMI ~Jal"NI'It .ne~i8 iåe"tifies the "eee 18 31 ¡!\stall . Si!MI(f), "I bwilåing perMits sh.1I IsI iss..eè after 129 ~'5 after ,...h 32 àetertf\¡".ti." Is.,. St. lliais '.IiMy ... Ft)QT es applieeiJle II'Itil e."t..ae" "'-'Ie "eM let f... 33 the iMtall.ti... af the TNffie 'Ì!MI}signals i" ee....å8l\ae v¡itk Cii'¡', CI~ty I" "..te 34 criteria. es .pplies"I.. ~!a eel'tifiea;ee If ....."enev shall 8e is.weé .."til tke t..affie sigl'l8l(.) 35 iSefltifi.s ¡" tke .ig"al wa.....rtt "tier,- hes/ha',s Iseen il'lStelleè .,Ei i" .perati.". Resolution No: 04-081 Filial Double UMl!l'llne is fol' addition it,.lI. 'Alr'lIgh is for deletion April 20,2004 Pagc38 1 2 3 4 5 6 7 8 9 10 11 12 67. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :r¡,¡s eSl'Isitial'\ applies fa t"'e fellaVJil'lg il'\tersedial'\S' a) Il'Iterseetial'\ af slIn",.etll" "lIae vd't'" "aees 'I:It 9ft ~8.è, e) i"terse~tia" af eIIM.etal' raae wit'" ~esel"Je Bal:lle'.arè, e) Il'I'tefs.diel'\ af P..i",s Vista 8...le'.ar8 vdt'" I 96 Þ!al't"'BaWl'lè Off ~p, MeI, eI) Il'Itel'seetisPl af Prime Vista Ba..I8':arè wit'" I 96 i8I:1t"'Bal:l"s Off As"'!,. ~t. Sig"al ws,.posl'tt sPlal'isis is te at. pe..fe..",es periaèieelly ø I'eetyesteel BY it. b.-tteie CaYl'l1) al:lt I'\a ",a"e frettt:lMtI'/ t"'M al'\l'I..a\l'(. ~:-:= ::.~.....t H ....;,.... t. lit wilhin ~~ ~ ~~::::::I::::: ,,' PI . et ~;~~t~, the e....elIlJl... shalt eleeiee+. suc'" aåsittenel pig"'t af w., es "'flt Be ".sesse!'" t. ",eat t"'lIse eesigl'\ l'e.tt:lil'eft\MtS. ~~~ëmlij ~Ja :l:Iiléi:g permits shall Be issyee fer e8'/el'Jllftel'lt If :~~~ ~~ ~'~ ,,::itleMiel L:'t: ::~ :1 =~i;:~:).2:g;:; :;::. (;: ~';'~!"k::': ::; =: 1,~:;:'.;;; ~. I... of inol_ieI ~..,.I..- (&&21 ...;::.; = ~.~~:~:~:' ~ 'eI., eM- ef ~~lalMH ¡"'fleet I:II'Itll ee",t"ads heve a.en let f~1' the faIM""'''! i "'JlI' aveft\WS' a) Fel:ll' la". 1=er¡"a PSP'ltwcr¡ fra", Eøt Ta..i"a Parltway t. Fleries's 'T1:I,,,ilte: ø) I",ter.he",e st T-eril'la Pa,.ltwcrt8AØ Fleriøa's TyP'ft!'ilte. c) Tv,'a len. West' Virgi"is brive '..al'l'l f:lases 'I:It aff ~aas ta Cash.....,.e Bel:lle\'sre, i"tll:lèi~ I 95 IrIterehange. e) IM.rehMge at West Virgi",ia bri'" Mil I 99. e) Fattr Ie". West Virgil'\ia Ðri\·. trll'" 'as"'....er. B81:11.......e ta Ba'f'Shap'e 8ayl8'Jarè. f) F8ttr llIIAC! Wes:t 'Jip'gi"ia Ðri\'. 'I'a", 8cr;I""". Ba..I8'Jl!l'eI te ¡.il'asa 8at:lle':erø. g) Fattl' I.". 'alife..",is B.ylev...ø fp"'" 6ayt'" Peaeeel. Bettl.vel's ta West V¡"gi"ie ~ "') Tv:a 181'1e 'alifel"l'lis ¡.yl.·.are fr.", ÞJap'tk Peeeeel( Bettlevarø t. We5t T'8ri". Pep'lw.'e)'. April 20, 2004 Page 39 Resolution No: 04-081 Final Deuble Underlilll! i. for addition itl'ilw " :k, IlIp is for deletion 1 2 3 4 5 6 7 8 9 68, 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 69. 25 26 27 28 29 30 31 32 33 34 35 36 Resolutio Final t} 'TINe lane Celifel'",ls Beyle'Jar~ '''.M ¡etlth Peaeaeh B.tlleva..é te t.lertk Peae.el~ Bel:lle'lare, :..:::: ; g.........,. shall ha I..... for d.....~ ~:-a;: :: ~:: ~=~=.~~~I~~i~~:O:~: ~:./:III ~;!sJ,..;:.:= ~= -=: ~ ~ ~=-* d_I.,MMt Ii:: ~~ ~~ ~ ;; 5 "a eI f '.. .... e II the l""þl'.valMftts 1:IftSeI' þal"a!f'apks (e~ tkl"e1:lgk ~~ aB8';8 kan In,M ee""lete~, ;: :~I:: ':;:' ~ he ita.... lor d.....,"'onf .f :~ ~~ ~. ~~~:::::.: ¡~.~~ ::t~;;. a ~:;h;.¡. (alii dalll t'I~:.~~,~~_~ ~~~ '::: :.::: ::::;:~.;;::' 1_ sf .ff,.. (I.~~ ~!~'-"~::~ ::=.:::::: ~::~~~:~~;~~~~~~~~~~ :~= :: ==: ~ it I. d..._'" ~= :;_~;;;;;;: ;:: ::~;:; ,', _ . _ ha .........~at... w,thaot ........., ~_~ ~.. '9' t , t ~~~;, ;;~evelaf ¡....Jlee ..,. 1:I"'~el' .'..eraga a""'tlal ~al~( e....eMI~s): s) Eight Is",a PI'IMI Vista B'l:ile'''l'é fra", ,-Vest Peeeaeh Bll:ile\'8l"eI t. Calif'I",,¡a 881:118'J.l'e. :. ;:+Ifl..... sf Q...."""Y ok.n ha iao..~ f., d_I.,_t of ~ ~ ~.~~ ;:..;;~= &.~I :Iy tripo): a 3!iQ ,a.'" h.tel/illl ~aily w,.). 3~~ ~~ :;"; _ _ a I ( .1 dally tr,ps!. 190.0!XI .~_a f~ of .ff,.. ~~ :'II;.~' :::~~_::....:-: .f ¡......rial devel.pMMt (66al dally trlpO¡ ~ ~~ ~ e"a e f. I "",aet tlM11 tha ¡...rave......,ts tlMer.~ aheve h.s 8eM ee",,,leteå. :; :~:'~ P:~;. ~ :: 'HUU fo' d.....l~pMW .f IMr. t~ ~.~."."'.~~ :~ ¡;.; _, /" I . a aM h.tol CoUll dOIly trops!. a§l ~ ~ ~~ == ::~ ~~::~ I~.= "'I_a fo.t. ~f .lflaa (1.313 "Iy ~~:.~_~~~'~ ;; ;; ;;¡¡;I a.' . ..,; (liUI 01011, trop.!. af ~. - .. -.~ ~~~ :: a, . Mraets "'a'Ja ltaM lat 181' tke eanstl'l:ie"'la~ ~~ i~~~~~: I~~= : ;~; t¡~ f;¡¡~~11'I! ea"fl!lH..etial\, i..ell:isi"'! .¡!MIi_tia" a.. !lj!l\a.il.ti~ "'~âifieeti81'l as wsrl"e..teå h)' eiry, eetm1'y, aF State eriteria, ø applieahle! a) Calife..",ia 8'l:ile\'8I"8 .net ~J8l'tk Peeeael( Betller/.I'. N.rtk..tlR8 ,ali:.:",ie 91vet ~a5t"."". ~J'l'tk Pee,ee\( 8Iv.. Opte left tHI"'" Ie e Ofte left ttll''' lMe~ o~; ~¡r8~;k/"I!kt tl:ll"" la". g"e tkl'at:I!Jk/l"igkt tH"'" IMe ~.tltk..tllu' 'ali~'I''''ia 91":". Westh'H"S Þ-Jel'tk Peece!l. Blwi. 01'\. left tl:ll"ft lat e* Ofte .""I.ek l8fte n No: 04-081 April ZO, ZOO4 f)lIUble Ulltløline i. fo!' addition Page 40 &trllll "RIpe. 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 31 32 33 Ol\e tkr811gk/rigkt fur.. IMe Is) PrÌlM 'lista 881:1Ie'18r8 M8 ~lifa,.",i. 8.lIle......8 ~Jertk".1I"'8 ,.lifl.."'¡. 91vEl. 1'WI left tlfF'R IMeS OI'\e ;"'rlyg'" 1M' Seea"'8 tk'lygk I.",," O",e I'ilkt tll"'" laRe EestBIII",ei P"ilu \(is'. 81v8. 1'\111 left tWI'R lMeS ~r.etkp'.~kIMes FIII",k t"'...~", !Me'" o..e "igkt ttll'''' 1M' SI"tk""l:Il\eI 'alifl"l\ia 81·:e!. 0"" laft hI.... lane T'VJ' thl"ltllk \eJo\es 0"'1 "ilk'" tltr", IMe 'I'øtLtea:ntJ P,.ilM '.'ist. 81-:8. O",a left tit'"" lal'll Sleene/left tltl'l'IlMe'" T'kl'ee tkrawgh IMes F.III',h tk"a,,!'" I....'" ORB thrawg"'/'igkt 111'''' 1M. c) '.'Jest 'li'gi",ia Ðri':' ."EI ~la"e5 ,lit aff ~8ael NlrtkB81t",eI GI.e/es 'tit aft Rles O"e .F',.r8.eh Is"e Eøtllslitft8 \j./est t'¡pai..ia Drive ~t'A Sltltk"llmel 'I.eles ,l:It 8ff Rlas O"B ."",.I.ek la",e VJesth.....eJ \Vest 'Jir,¡"ie D'¡-¡8 Ofte . I I"a.ek 1.",£* 8) \.~./est '.Jipgi"il Ðri·Je .,,~ '.Jifel"ftis Be~I~.aP'8 ~Je"tk"elt"'8 Celifel'l'Ii. 8alll''''''8 01'1, left tllpl'Ilsl'l'''' Orla tk..etlgh/rigkt ttl.... IMe Eestlsl1t"8 V/est Virsi"ia brive g",. left ..II.... 1l1l'i&'" g",e tk,awgk 1M,'" Ofta ,.i,ht ttll"l'I..I8ft.'" Sll:It"'''11:I1'I8 ,.lifl.."'¡. 91v8. 0..8 left t...." 1....* 0". ,k..'ltlk/pight tit.... 18I'Ie V/e5th.w..B V.'ast Vir.iRis I)pive O!\e I.ft fyI''' I....'" O"B tk..lltlk Ie",e'" 0". "igkt tltM left,'" e) '.\'est '/i,!i"ia Ð~i·¡e .". CeshMere B,..levsrs ~J8l"tklsltmel ~k""ep'e 91'18. Q"e tkp'altsk/I'iskt tltP''' I."'B Ees:ta8tf"Ø '!Jest Vh~,i"ia ÐF'ive T'WI tkratlgk I...., Oft. right ttll"~ I.",.'" 611ft"'''.tI",8 '-sk""ef". 91',11. T'w. left tl:ll"'" I....es.. yJest.....neI 'Vest \!i~.i"i8 Drive grla left tltP'''' lena'" Resolution No: 04-081 Filld ~uble. Underline is for addition ¡trill. "FhNllfh is for deletion April 20.2004 Page 41 1 2 GPle thl'.wg"'/l'ig"'t tWF" lMe Tv!. thr.,,!" '-'as* GPle right tliF" la"a-* 3 f) YJest '/il'giftia [)ri\-e &net Aires. B.~deverel 4 5 6 7 ~~.rtkls....eI ....ir.s. Sewle'/aFeI One appl".aeft I."a Eeøt~lHP\tI 'h'est V¡r,i"ia [),.i-J8 0... left t..r" lMelt Tw. tkl'ellgh Ie"es"" 0". right hw" IMe* g 9 10 11 S'lItkls.w"eI Air.s. BI'Jø. O",e appr.aek le"e '.jjestts.",,8 \Vait Vir.iRis O,h-e . Q\e left '111"1\ IMe* -rw. thr...!'" I..M'" 0". rilkt filM le"a-'" 12 g) 'IJest Virgi,\Ì8 Drive ani Beyshere a...le\.."eJ 13 14 15 16 Ne..thil.....eI 8eo.-sk'l'e Blvel. o..e left twF" le"e* 0". tk.....gk/ri!ht t..F" Ie". Ees'tllyftè V.'est Vir.;..;. Dl'ive O"e left 1'..... lel'le* Tv.'. thr.lIgh IMM* Ofte ri!ht tttr.. \8l'\e'" 17 18 19 20 ó...tkil'l:I..eI Bav6h.re BI'JeI. O..e left 'WI''' tMe", O..e tkl'.wgk/rilht t'wr.. IMe \Vestit'HP\S '.Vest Vip'8¡raia grio., o..el.ft '..r", I...e* Tv:e 'knitlk lanes* 0... rilkt twr.. lMe* 21 h) weSt T.ri... ParIM&'/8As T"8P'i... PriM., 22 23 N'p't"'h'''''8 West T"..i", Pa...Iw;8Y One appr.ae'" I.... East¡'.w". T'l'i". Pal'IwJeII ~JlA 24 25 26 6,wtk"...". West T"...i.., Parlev.·av Qrle left tWP'ft IlIl'\e"" o.,e tk".l:Igk IMe WestB.""å T.ri", 'PerltwS'l 0". .,.....lIe'" la",. 27 * I..tersadi." ¡""..r.v.m.Plts 8"""8 e..rrMt ee"fi!JU'lIti.", 28 ~., A . "et aJlJlliee¡'l. 29 30 AlIsB...e e.nfigwl"eti."s Bkall Be permittee..... eel'l5t"..eteê i" eee...."'. v:it'" eit¡, e'l:I",ty, 81' state eriteria. as ."Ii,aIiIle. 31 32 Ne 'eI"tifieetas .f Qeel:lpMey 5"'1111 "e i...eel fIr ~..el.pIftMt ef I'ftep'e t"'... 3,400 resi~eI'\tial ..",its (19.Ul iail,' trif'S), 8 2&0 ,,181ft h.tal (2Hl ..iI·! tri"s), 290,009 slftl8re Resolution No: 04-081 Final Double Ullderlinr. Is for addition Stril. 1=h....II!h is for daletion "'pril 20,2004 Page -42 1 2 3 4 5 70. 6 7 8 9 10 11 f:t a~c:~ereiai (1i,UO ssil! tl"ipS~, loo,990 slf~al"e feet af .affie~ (1,3~2 ~i~~~:~~, : : :';' ......... f.ot .f I......roal ~ovaI.p..ont (iIi2~ "'~ t",o! .f .... AIIIOI'V' ; 'e a ~~f ~-;i;"'1 ¡"'pset ttMil tke il'lterseetial'l i"'lIl"e';emel'l1'5 tt"eer plf'8gI"SpAÐ (e) tkl"8ltgk Eft) ."eve, k,;e laee" ee"'ple1'ee. . . ~ :::j~~: =:::e: i"'er~eetie" ee"fi!lt~i8AS S~UlMi~tai" ~e~Ii~~ ~~~~~t~ I::~.:~ ;";:¡;; ;,:;';; . ..11 I"'lI;Joet "",.... 'M_'''''. eoMtgurot,.... ,oeIlIIitng rn¡ FI.,.,~. as 8 'W8)' el'essil'lg5 at '1lees 'ltt eff Ible/~eser;e 8...le·J8I"e 8I'Ie It "aees 'ltt ~ :.~:,-:;;: ,............ _ (G. T""¡ _', IIhoII ~. ."ro...... .. .,,~."Iot. . t.. of St. lttele, it. bYI.s ,.tt.wy, Flep'IIle Depart",ent .f ~~e~~~~, :: ;ke FI;'¡ea East 'east Aeilw.y~ !. ee,.,. .f 11I"e'\.''''' IIl'sjeet el'ltr..ee i,,1'er3edilH'l e'I'Ifiglll"efi." s"'aUlae IIl'e'Jieee -+. Tre8SlIl"e ,.ast ~egieMI PlaMi"'l '81tl'leil. 12 =R. a As a minimum, the beveloper shall pay a fair share contribution co"sistent with the rood 13 impact fee ordinance of St. Lucie County. . 14 72. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 73. 30 31 32 33 :::::8:. i"'Pl"8vetnMt5 ieefttifi~. i" leregrap'" ~ Belev; s~all .8e e8AStl"ttetee "It" the s8lttkerly leMed.el'l .f 'as""'.l'e 8e..l8'o18I"e te P"IIM Vista 88111evel"e, e) PriM. 'JiM. Ba..lev8re liftS CashMere 88yle1.aars Nsrth8eYl'le Cas"'",ere 8lve. ORe Idt tltl"I'I la"e* Ol'le I"ight tttr", leAe* Eest8SttI'Ie PI'Î",a \(ista BI\'e, TWI t""Sttg" lMes 0". rig"t 'ttt.." IMe* SeythtssYI'IØ 'esk",ere BI·¡e. ~J/'. \·.'8.,,,,,,"8 PriM. Vista BI-:ø. O"e left ;\:11"" 1.I'Ie* Tw. thl'syg'" IMes * ¡"'þl'.ve"'eI'Its 8e'/I1"I8 ettl"l"Mt ee"figyrøiel'l, N/ t. - ".t appliee"Je ~:ttr~keer ¡'wileli", ".r",its f.,I' 1'1'1'1 iI'l8I:1Ðtl'¡a\ ..·J81I,,,,eM llo\all 8e ilsllae iPl 1=he ~esel"Ve ; ~; ;' s...tkerly eeMee:tie" ef. '.."'",era 88111evere te Pl'i",.'.'iste eel:lleve..e is S SeI'I t. I' i ttl'ltil t"e ¡"'I'P'e'JeMents Wleer lIaragrap'" (e) ....·/e h./e laeM eS"'fIlete8. iIi~'··"· .,~.. . /Ø"'" .. ,.." ." .,. '" ..... 2 ~,. " ..... . ~:; ~~I~~! 1I~"'itl s"'all ae illltee hI" s8vel'p",ent af "'8n t"eA i,~99 I"esieel'ltiel .."its , i~Y" i~S),. 2S9 ....'" ketel (21~1 .ail·( ?I"ipl), 2iO,~00 ~\:I.l"e feet ef e8~~~~ (~'~~~ :Iy 'I"I !II), loo,SSO !MIllere feet .f effle8 (1,372 eall)' tl'l ls), 81"1111,200,000 ~~~~~ f et . Ystrial ee\'el''''''8I'It (i§2~ lIaity tpi,s) ef The ~eser\'e f:)e...ele,.",ent 8f AegieMI ¡""eet 1II'I;il eSl'l'p'aets ha...e 8eel'llet fer ''''e fell8wil'l§ ¡""1"8I/e,,,ents: April 20. 2004 Page 43 Resolution No: 04-081 Final Double Ullderline is for·addition Etril. 'RIN. is for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 7~. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 8) PI'Î"'s 'lists Se~Ie'.'SI'~ Sl\8 'slifel'I'Iis Be~le':al"è Nel'thlsettl'lè Califel'",is Slvs, O",a laft hi""" 18",e'" Ol'la thl'eijgh la",e'" Ol'le I"ight t~I'''' la",e'" ~8Stl!Sll:Ø'\s PriMa Vis+a S ¡r~. OI'\e left h..I'I I...e lr Tv.·e thl'.wgk IMeÐ OI'\e right t~I'''' IM&* S,l:fthlt.~",è "-eliflp'",ia 91.e. g,.e left t~rl'\ Is",e'" Q",e fkI'8ij§" IMe'" O"a I"ight flip'''' lel\e'" ')Jest.elf"" P,itM Vista 81\"ei. g,.a left fltp''' 1I.I'\e'" Tv:' thp"tlgk lanes g"a right tI:t.." I.,e'" * ¡1\'I""8'/8"'.I'I.S Beïll'\è e~I'..Mt eel'lf¡g~ratja". ~Je 'el"tifieetes 8f oeeki"Mey sh.1I Ba ¡.,ltall fer 8ft'" 1'\81'\ il'\8Itstp'ial 8e'.·.I'p"'eM sf 1\'18P'a thll'l 3,~99 l'esièal'\tilSl Itl'\its (19,~11 lIail, trips), IS 2S9 r88m hatel (2H1 èeily trip.), 2§9,OO9 '-'l;I8l"e feet ,f e8"""a..ei.1 (13,U9 _ii, tl"i!,s), 100,9OQ '1J1t81"e feet 8f affiee (1,312 .iI·{ 1'l"i"s), ...e 1,299,9GG $Ilta..e feet If i",slt.t...ilSl ~e'/elap"'ePlt (i§2~ fiail)' tl"i"s), 8f 1=ka AeSerr¡8 98'Jel8plnePIt If Aegi8nal ¡"'paet It..ti1 ft.. i"'ppaveMePlts It",fill' par8!l"8I'k (8) eeeve klf.e lseM e8M"lete.è. ~õMW~--:3!f~~;;Ir.6ñä iWI.~!!,."¡~J:~1!!!!I!'~~~. ¡I'Iter.eeti81'1 ¡"'''..8..·.....e..ts ièePItifieè ¡", a) bal". ,hail Ba e81\Strlietes ee..e~rl"eM wit'" the ..epotherl" e81'\l\eeti81'\ af Cash",ere S81t18':sl"è t8 P..ilM Vista B81:11...·a..s. e) Pp'ime Vista 881:11s"81"8 a"'l Sesh"'.l'e B81t1er.ra..ê 681'1'1.88\11'18 Ceshm...e 81':8. "'. left f..p''' I...e 01'\8 t"'P'8Itgk IMS'" Ol\a ..igkt tltP'''' lel'\e EøtB...",fi Pri",a Vista BIIJ~. g"8 lek fWll'\ la",.* ~a tkr81t§k 1...86 g",. right tl:l""" leM Sel:Jtk¡'8w..è '.',","'81'8 BI'IeI, 01'\. left ,....1'\ 181'\e . 0... thI'8tt!,", IMe 01\. ..ig,",t tit,,'" IMe'" \fJest.....,s P,iM8 'list. RIvEt g,.a left tit"" I.... Tw8 tkp'.ltgh 1111"" g,.e ..ight t~,.. lMe '" ¡",,,p'·ie,,,...t, "8Y8"'8 elt,..eftt ee..fig"l'stie",. Þ-J8 ttt..tker 8I11ilsi",! perMits faP' 1'\81'\ iI'l8Itst..¡.1 ~8',.I' !I"'8I'If .kell B. iS5~e8 il'\ -,:ke Rese!"ve after tke ......tkel'lr e8MeetiaR ,f 'ask ",ere 881tIe':ep'8 te Pl'bne Vi.ta 8'ltlaval"8 is .!'en t8 'raHie ttRtil tt.e i",,,..e'le"'8I'IM ~l'u'8I" a) 8""/S kava "eM e8"' !Ilet~. April 20. 2004 Page 44 Resolution No: 04-081 Final .' rwmle Underline is for addition ¡trih. 'Alr'lI,h i. for deletion 1 7e. 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 32 33 34 3S 36 37 38 Ca"'lMI'\ejl'lg il'l ¡ M..aI'Y ef 199Q, tAe De'. ellper t'M{ "1'I8ertsl.e al'\ Bi aM1tS1 I'I\ll'\itBl'il'l! "I"lgpoem. 1101. 'raffie "'el'litlring pregl'a'" shall B. eel'lé..eteØ B)' a traffie M§il'\ae~ f:~~ that is I ..alified BY tke Flel"i.1 t:l8 lartlf\eM ef 1f'Mspel'tatiel'l ip\ F(3,Qf:j), Traffie Operatill'\ St..8ies, 81'\8 G(3,Q&), 1=raffie Operatjel'l eesigl'l, el' em ~Hil.¡elel'\t. If fAe ",el'\¡te..il'lg "I'e,r.", is selee:te.é, it "'l:I!It II e."''''BRIM il'l lSI'IHa!'Y, 1989 al'le ",ail'l1'.il'\ee 11'\ 8ft al'll'll;l8l "asis. 11011 ee.-aleper skall .H8",I1' te the "H",ty . traffie ",e",itel'ift! I'epll't al.ng with þ:ke. Resel"/e's ~MII8I t>e'.:el."",ent ~8 I.,.t. 110Ie "8fJel't shell pl'esel'\1' CYCisti"!j 81....1'. Me traffie eel\éitiel'lS, il'lelHš¡ng all eMl)'.is, .peeifyi~ aWl i"'pl'.ve"'M1's l'Ielessary te "..e"liée bevll .f Set"Vlee. -,. fel' ..",..a I aVeN,e .aily 'raffie eel'l¡itilM al'\è L.8\'el .f Ser'¡iee -e· fer pee\( sees.", peel. 101...,. el1'l8itiel'lS. 11\e rep.,.t f.-ill i8eMtify 'eIf; cyceel¡Me. 8"'8 eaNlt,.Hati.1'I 81tes as 8efil'leø herei",. M'l'\it'l'ing ef eaeh I'eaew&,>' segment listeø il'l Ta81es I al'la n rMf 8e èise.",til'lHlé v¡heA all I'alates i"'pl"'JeMe",ts te "'kat I'laawa)' Seg"'Mt hev. "aM e.",,,letM. The I'I\ll'Iitel'il\! pn,ra", fal' ell 1"88we}' lil'll., skall eI'Iè at t"'e ee",pleti.1'I ef the Resel"'Je's éwel."",en1' (Veer 2QQS). TRa I'8fJIl't v:ill "I s"llf\itteeJ t. 811 8!M~ies wkiak rSlsh'a tha al'll'll;l8l r8fJ.,.t. :rke City .f Pert St. b..eie., St. LHeie 'e"MY ...8 tke Tl'eeSHre ,.ast negj....1 Ptar.l\il'lg "Hl'\liI shalll"e,..iev; al'lå apP""¡e the "'I"itll'i,,! I'epel't ...u~ its fi"eil'l's. 110Ie pregl'a'" Mer "'el'\itel' Myel' all ef 'he I"e8ew8'¡IiI'lI.s listae i" ~a8les I al'\é II. ^ twe 8ay, l'I'Iiå weeh, tWMty felll' kelfr EkIHrl)' raee,åi"!) e'''I'\t skalllse. lMåe a" eeek lil'llt 'e"''''Mail'\! il'\ 3'a"'H""/ If 1991, the ",.."itll'il'\! pre'l"a", will þp'e;je.et tpoeffia 8er1'1MEÌ5 fer eeeA 1il'\lt Hsil'l! histel'ieell traffic !r.v:tk ".ta fl'e'" the ",.",itll'j,,! p...gl"M\ 'ane eeNlièeril'\g p"8jecteè eeyelap"'eI'It withi", 1=1\1 Reserve. r8l"eeests will "e !Mee tel' . th..ae yeer peri.e. WkeA 8 lil'l\{ is p"'ljeetee 1:1 ~Ieeee ¡'S etCisti,,! ,erviae v.IH"'! fel' level If 5erries -,. II' -DO šl:Il'ing the thl'aa '(ear peri.e, tha ""I'\1'h SI'I8 'fe" fer SHah eHaaee8",ee will "e estilMtaå ('ðMceeeemea åate). a. BHiløil'l! perlftÌ:ts fer I'll'" i"elttStl'ial e.·:lal.p",..t i", aHles' .f tha I"'als sh.w" ¡PI ta"le I "'1I'f Ba i5s1:lee f.1' 1'1\. Reser/e if it is '''''\Im il'\ the "!=raffia M.",itel'ing p...,pa", that 68\'el .f Sar,..iae -,. fer aMHal a'¡Brege éail,' ,,.affia al'l8 L.,.,el ef éer'¡iee -e· fer pee\( sees.", peal, h.Hr traffia eel" Be ",aiMai"eØwitk aååiti.l'Isl ~eseP":e ée'¡el.p"'eI'It. WhM BI'\ eHuaåanee sate is .e:t.,.",il'\eel, ¡"Hilèi"'! per",it. fer èe'¡el.p"'Mt shalll'l.t Be i.s1:Ieå after the elnstrHatiel'l éate H",til 'the ",eeåM il'nfl...·..em8l'\t is let fIr eal'lStl'lteti.PI, 1'1\1 aal'l!ltl'..etilft 8e+e is åe:fi",eå as tv.·el". (12) ",.1'14''''' prial' te .,he. eHeeedMee .ta f.1' r.a8wey ¡"'Pre :eMeI'IM Me .ighteel'l (18) ",.",ths prier t. t"'e cyceee8a"'ee elata fer "I'jlge i"'p....·e"'Mts. Ðesi!" 8P1é per",i1=t11'\' ·.f these ¡"'p..a.·e","s ",...1' Be ee""lete.é By tka eel'l,trlfetie" eate. 'JIhM 81'1 ~leaetlMee ea'. is aM8I"II'Iil'\eØ, 'artifieetes af gee"pMery skall I'Ilt Be ¡.sHee after the aMI_Mee eate ...t¡1 t"'l ¡"'P".YM\8Rt is e."'plete. Resolution No: 04-081 Final !)ouble Underline is for addition ...strike thr''i,h is for deletion April ZOo ZOO4 Page 45 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 2S 26 27 28 29 30 31 32 33 34 35 36 B. Bltilåi"'g "erMit5 fer i"'8ltstri81 88'1elep",ent i", _eMS ef 'ke Ie'/els skevlI'I iR 'T.Bla II IV,. Be issltaå fer "\=he RMer';e if it is skew", i", tke ¡;..effie N.e",ite..i",! Pl"e'"8''' tkat Leval ,f Ser'¡iee -C" fer 81\1'\1:181 ar.·er8!e sail)' traffia MIif be·tel If Servies _t)M fer ".It seee'", "eeh keltl' tNffie een ae ",ai",tlil'\alif witk a88iti'MI Reserve lifeval,,, ....a"'t . WkM &1'1 eUteaå8Aea åat. is seter",i"lIs, al:lilåi.., "erMits fer ¡a'¡al''''''Mt sk.1I ".t Ba issl:les after tke ea"'tl'ltsi,.. .te .."til the "e.esas ¡",,.r'·:el'fleI'It· is let far uMt"l:Idia",. Tha aaftSfrltdil.. 8ata is åefi". a5I ~VJel'.·e (12) ",e",tk5 prier te tke IINeealiMee ¡ate fal" P'8aå~.·ey i"""I\'MlMts ans "i,Meen (18) """,tk5 ""iar ta tka _eeeå.",ea 88ta f.1' Bl"ià,a i....,...e·:."'eMs. basi,,,, 1"'8 per",itti"'§ ef ..kesa ilft"l"a·¡e",Mt. ",liSt Ba ealft Jletelif Bt' tka eaMtrltetia" liete, WkM 81'\ tØ(eeee8l\ee "ata is sete..",¡",ee, 'ertif¡el1'eS af gaeltþlR~ skall ",.t ¡ssl:la" .fter tke tØ(eealifM8e liflte!:l",til tk. i"'l'l"evelftent is eI",,,leta. C,,,,,,,enei,,! i", 181'\1:181")', 1999, tke 8e.¡relal'er ""*'I1:I",8ert."e a", aMl:lCiI """,it'l"i,,! pra'1"8'" af t"e I 9&/ PritM Vis+8 Be1:l!lr.ars i",tareka~e. "Fhe tNffie """,iteri,,! "r""a", shall be el",¡wetee B, . traffie M,i",aaring fir", that is "..Iifiaå a'( F99T i... F(3.9§) Tr.ffie o,.8l"tltia", Stltsies 81'1" (3.06) T..sffie O"er8tia", 9esi,,,, II' 8A 8f(1t¡I/aIMt. If tke ",a..¡taring "I"ag..."" is seleseå, it "'ltst Ba ea"''''al'\ee'' i" 181\1:111"(, lMi..t8i..es a.. 81'1 a.."..1 aasis, Tha ¡aliala"er .hall stlB",it ta t"e.'ity af Part St. blteie, St. LIt.ie 'atl",ty &1'1" t"a "t:reasl:lr¡ Caest Resi8nel Plar...ing '8....~i.1 a traffie ",8"iteri"" p'ep,rt alang wltk "\=he Reser';e's '-""'ltal e8l:ela,."'Mt Rel'."t. " :he r"8l't skell "1'858M eHisti~ eal:ll'\ts ."'8 t...ffie e."Eliti."s, il'\el1:lsiftg all &Mlysis, sl'eeifyi..g 8If'I i"'prave",,.,ts "eeessary te "..evisa b.8':el 8f Set'viee -," fer an"'I:I.1 al/el"a,e ..ail·( tNffie eel'\sitiel'ls 81'\8 le·:el .f Ser:iee -e" fer ,.eah seas." I'eel, kal:lr eel'\..itiel'\S. The ra,.el" ,¡ill ielel'ltif)' 8It'{ eNeeeelMee M" eel'lStl"~et¡." sat~ as éefil'lad ke..eil'l. T1o.is ",."iteri",! "I'a,r.", shell i",eI1:l"e ....1). arts PM "eel. he~I' hr",ing ",a\'e"'eRt sews fer .". k....8I"a.. tV:M1=y (120) "'¡"'!:ItM t. eapt~ra tha "'Mi"'It'" si.'~· ",i"'ltte$ at B.th il'ltereh8Age eMit rMlII i"tel"See'ti8M. ~a"''''...ei",! tv.·a yeaH tr.", tft' 81'8I'Iil'l§ af tfta i"tenhMge, tka ",e",itel'il'tg IIr8,..a", will "rajeet tr.ffie eelMl'l8S fer 88eft t1:lp'",il'l§ ""·¡e,,,..,t tlSi~ t"e "ist.rieel tl"sffie !I".wt" 8at8 frs", tk8 ",."it.ri~ "..ag".", 81'\" e.Miseril'lg ,...ejeetes .evela"",eao.t ~..it" "\=he Rasel"Va. Fara885fs will he lM"e fal" a tkrae '(ear "arieå. 'r¡tiest "'8\'e"'8I'\t e8"aeity al'l8lo,'Sis .f these ¡"ters8eti."s 5"all Ba pe..fel"",a. tlSi",! tfta ,....jes... AM en" P.I}. traffie ¡·IIItMes. T1\e 8M1'tSis skall Be hases Itpe.. eriterie I'eløil'l! fa .,.ereti." 8I\S elesigt'l as set f,rtk il'l TrMsþaMatia'" Res.l"en 'ireltlal' ~J.. 212, ·¡Mari", .'.\aterials el'\ HighWtF( Cepaei1:y," 181'1"'1")', 1989. Resolution No: 04-081 Fil'lGl ðoubllP! UndlP!l'lilllP! is for addition ¡trike "RIr....k is for œlctlon :;:.:-- ~=;::i~' praj.oteoI t. ....... It. ..,Belly ferleoel .f '....i.. ':.~ .~. 1'1 t . 18e1, tha I'I\8..tk ..d 'feer fer sitek ~(eeedMea will Be estll"stea (eNe_ds..e. sate). 1 2 3 4 5 6 7 (-rEXT OF "RUS 'ONElmg~J 16 C9NTIÞJL'ED g~J MGE -..J Resolution No: 04-081 FiIlClI ððuble Ulldarline I. for addition Stril. "AI. 81111\ is for deletion April ZO, 2004 Page 47 1~ lit i t I J ! ! ! ! ! UIIIIII ~IIIII )1111111 I J ~ ~ ! ~ !! .. Iff f f f P II i i i ! i i I ~ ~~.~f m ~t4. U i ~ J !~ .... .!! -. I ~I 1 111 J 1 I . ! ! J n ! I ;¡; q t!) ! .~ 2_ j! 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 32 33 34 35 36 37 38 39 a. ::~i(.::~'. I.. ... I..,"rl'" ..ve!',,,~' ......... II 1,191 r..ló..~~ (~~~ :' 1"1 , 1&0 1'18'" h.tal (1,261 sally trips), 66,000 -'lIal"a feet .~ ~"'e~~:~~ ~~,~~~ ;;~. ~~¡;;). ;,,;ì ¡O.OgQ s....l"e feet .f Iftise (1i1i6 sail)" trips) .f .fflee !MY ~~ ~~~e ~~: :: :~:~e if it is sh.v:.. i.. the Tl'affle M."lte"ing I'l"a§l'am that bevel .f Servlee "~" fer ;;.11; ~. arage èaily tl'affia line Le·..el .f Ser.riee "9· tel' pee" sees.... peele 101.111' tl"a~f~ ~~ lII'fttai"ee 'with eeei'tia".1 ~esel"Ve eeval.p",ent, 'l!ken ." eHeeeelanee eate is ~et:~i~, ~lIilsi"g per ",it, 5101.11 ".1' 118 issllell after tha e.nstl'lIeti... lIete ItI'Ifil t\ole a ¡"'pl".·..e"'Mt is let hI' e8l'lS4"olletill", -,:he a.l'\Ðtl"lIati.PI eleta is lIafi",ae as aighteeA (18) I'f\IMhs p"ial' t. t"'a aJeSaaaMea elata fel' IIl"isge i"'pl'evet'Reftts. 9esig'" M8 pUl'I\ittiAg .f these l",pl'e';8lflents "'1161' lie e'l'I\platM II, the e'l'Ifll"ustilll'l sate. II. '.selltilll\ .f . tWI III",a p.l"allel stl'tieture. N'l't"'''.u"s rig"'; 1'1"'" lal'le. S'lIt""lIu",a I'ight tltP''' lane. Seell"e "lIl:It"'"'1I1'I8 left two", IMe. '..¡h.... 81'1 eHeea8anee eI.te is aeteP'ItI¡",ee, t;el"tifieate .f QeellpaAey .h.1I PI.t lie issueel after the fYreaa8al'leaseta ItI'Itil the i"'pl'a'Je"'Mt is e."'pløe. £. a. ~ B;:i::r: ::~ ~ears after the aDDroval date of this ðeveloDment Order lADril 20 2004) a p -h riD aeneration summarY of ODD roved develooment shall be Drovided to the County af Sf. Lucie on a semi-aMuol basis. a ~:::7n~~:~; :~ ~d ,con:inuino eveN veal" thEreafter the develoDer shall submit ~n Dort Indlcatlna the status (schedule) of Guaranteed Imorovements 11115 ~~~i ~~:~~ ReDart shall b£ submitted to the City of Port St Lucie St Lucie County. and the [)CA as Dart of the ðevelQoment of Reaional ImDact AMuol ReDort. ~:;:: ~tQtus ReDort shaUlist all roadwov imDrovements n£eded to be construct£d the ~~~~~_~ -.,':,.e ~f comDletion for the construction of each needed imorovement th£ Dartv r _i he Guaranteed construction of each imDrovement and the form of the ~:~~~ i:~~~:~-;: that ouorant£8S const~ction ,of each i~DrovemMt Additi~nallv this s i the most recentlY oroVlded trio OMeratlon summarY as reaulred under C:~di~i~~ 55 and onv land us~ trade·off c:onv£rsions that hav£ occurred Dursuant to C~~d;~¡~~ 52 of this ðeveloDment Order since the execution of the [)eveloDment Ord£r. ~ N. finel pla""e8 88velllp",ent '1' plet "pP'lWlI skall be Issuea fa" pkase I\' Wl\less a tl'affle 54:'18'" 1\85 lleen .."ellletas 11"1 the eI....'al.per. 8HB",itteel t. ."eI ellllp'.vM I'" tke 'i1oy .f Pert St. Lueie, St. btleie "H"tt. FI.riia ge NIp't",...t IIf '1=NMpIIP't.ti.I'I, a"s 'WeesuP'. 'e85t Ae§i.1'I81 PI....,i"g '.....eil. wkle'" i.""l'IStp'et81 tket the "e§illnel "...v....,. "etwep'le eeA eeell",,,,.884". a ,pe.ifles e""lIl'It .f .éåiti'MI ~eseP''''e ge\·.I.p",Mt .f ~8Ji'MI I"'paet gMerates "I'affie a"8 gr'M'" I" Bael~r.u"s 'raffie 811)'11"8 200§ M8 eM s,illlle ",ai"tai",ea at 6....'al .f Sap'·,iee -," slll"i"'!l a"wage IIM..I elai~ 'reffie ee"sitilll'lS enS 6...·.1 .f Ser'¡iee "I:)" éwril'l! p..lt h.III', peele seas.1'I e."lIitilll'lS. SlIek "H8r "'..,. .e rlM!lIestee 8Y St. lwei. 'eIlM'! p"¡I" t. pkase It', .ut after .JMttSI"'t 1. 1999. 'Fhe "'raffia stile',. shell: April 20. 2004 Page 49 Resolution No: 04-081 Þroft #1 bouble. Underlíne is for addition ¡tril. "Aw.. i. for deletion 6 7 8 9 10 1 2 3 4 5 s) iåentifytke i"' !ll"a'¡e"'Mts Må t¡",i"', If tkale i"'p"e';e",eAts ..eees~_~. ~~'i~~ 6;~ .f Set"/iee -,- "1'I8e.1' s.er8!e emus ' ssily eperati..g eel'lsiti.M Må b.e'Jei ef Serviee -11)- 1:11181" peele heu", peeh Sflll!lll'l Iperatil'l! el..eiitieM fer the '1::I"jeet tI'8I'ISpll'tati... l'Ietv..-I..h åu"il\§ the pre;j.eteå el",ple+iel'l If tke p"ljeet, il'lehlsil'lg !,"Ijlet i"'paets Me! grlmh il'l "aal.l'aW\ei tpeffie. Assitie....1 tiMI plaMes e!evellp",el'lt .1" plat 810..11 Pllt IsI issl:lee IU\til . ..ew prljeet !,kasil\§ pragp'aI'ft Me ..aaev.-ey i"'pl"aveR\eM p,a,,,-. p\eeessr¡ tl "'~~t:~ sleep,sBle levels It senriee he';e "eM appp'a!Je8 BY tke Ci~' If P.l't St. b.w;ie, St. bweie Ceuft'Þy. Fllriels gepsl"''''- ef TI"MSpertstie... Mil Tree...re CNSt Regiel'ls\ PlMl'lirtg 'el:lReil hI" the relMi..ee" .f tke ee\·ela,,,,Mt. 11 jIff:·~;.~~~Jig~ ~.._.,.~~i~~:~..!i 12 13 14 15 16 17 18 19 20 21 22 23 24 Prier fa appliastial\ fer "uileil'lg p...",it. fe.. MY kltel, eel'l'l",ereisl, i"'8u....iat. ef' l"esisll'\tisl S"'ellp",...t i", The Reserve 98';el'p"'lII'It If A~iIMI ¡"'paet "e,sM tkat ai:Å'k.p'intl il\ ...ke PreliR\il'l8"'Y De...·ell''''el'lt Ag..eeMent. tkl sevel.pl" .kall p..e'/iee 8t'\ ..tilMte .t tke "'U"'BII' ef pel"N"'Mt jeBs tkat will "e er...ett witki", tka prljeet 8al:l..sel"ies et suilsel:ft Me su"i~ .eeupePley If _en p...jeet phese. 1=his est i IMh. If tltel p."lMl'lant M\pI8Y"'Mt !Mep'ateé 5k.1I "I ""lleen S.VJf'I "'( salary range M8 ee",pa..a" witk the affe"8esility af ..esise",tial l:Inits wkiek ka'/e "eeA II' will "e e:8I'15trtlete" pri... te 8wil81..t af tk.t phase 81' p""/ieus "kases ""881" "8'liiew. 11'1 aeieiiti.l'I, the savellpe.. shall ea",eiuet a kelfSil'l! s:tuely t~ s~~~~~~ tke R\i..i",w", sistMae 11"1'" 1=Io.e Reserve ~....elap"'eM af Aegi.rtøl I",paet v..he..e ~ 1.81tiate 5..p"l,. If h.l:I9iftg wkiek is affel"él"le fa .11 púsal'l5 wa..lti..! i.. 11Ie ~esel"Va b~..el.p",ent If Aegi."11 I",,,.tt is leeatetf. 1ftis hlusi",! stweiy will ~ut",i"e "'ke laeatill'l 8I'Ie e.sts af tkis kawsi~ Inti will ¡"al...e I plM fl" tke 'r....isil'" If effe..eI...le ".usi.., s"'al:llel t"'ere ",It B~ MlYSk stl,~1y in tke i-iei"itf· 78. 25 26 27 28 29 30 31 32 The e!e'lell"er ",eo,' ereste ",.re pe"lM",ent e",pll'¡MlAt thll'\ klu.il'l! a"pal"tu"ifies fa" e"'pll)'seS, "\:It skell "at eel'lstP'lIet 8f'r; hel:lSi",! wkiek i8 ",.t effe..eI.lsle tl ,",pI8~~:: ~ B"si"'e5ses withi.. ,ke pl"ljeet sl..",iel'ies u..til suek tiR\e es eff.rel.le klusil'lg Ipperttll'lities : ~h; ~ail'lity If Tka AeseP"Je bevallp",lII'It If R~i.MI ¡"'peat her/e "sen ,..avises fer all "' I ,. eftt trestee ¡I'I tkllt ,kale If elewel.p",ent. GeftSisteney If s8'.'llap"'Mt ~I~s ~~~ this iPltel'lt I'I'Itlst Ba ..et.."'i..... 8'{ the Ci'P,' .f Pe" St. b.\:Ieia. St. b...eie CllU\1=y. a~eI t!ole Treasure '.ast Regil"sl Pni"! 'I ""ail ,..iar t. the isstI8I'Iee If ""ilsi~ per",its far SIf'( Sevel.,,",el'lt "8'{1",8..kllf ...tklrizeei "Y the Preli",il'l8Py Ðe';el.pMMt ^gp'eel'ftMt. 33 34 35 36 37 38 39 ~o ~Ui~;; ::~:~ s:all be issued for develoDment that cumulativelv Generates more than ;~:.... ~~~~d..~;;~::;r triDS or aft~ Decemb~r .31 200~ whi~hever occurs later' until . In I ent has been Included Within the first five years Qf the adoDted ~~i~~-~::O::,;ts Proaram for either St Lucie County or the City of Port St Lut:ie or il h i di imDrovement has been included within the first three years of the F~;di ~;:;r~~ent of Tron5Dortation's AdoDted Work Prooram 01'" until contracts have b U ~nd let bv for imDrovements to obtain the followina roadway confiauration a April 20.2004 Pagc50 Resolution No: 04-081 Draft #1 Double Undlltrlillllt Is for addition ¡.pil. 1=kr...,h is for deletion 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3. 31 32 33 34 35 36 37 Urte.d b£low indudino the oDDroDriate lon£ oeomdl"'V at the inters£ctions sionolization.. ùphtina and assodate.d imDrov£r!\erats (i) i.) ;~~_~~t t~ ~~ .:'~.....d from Y:I pø' Por ¡yq,v/Cqp>"",:,," Cent",: Drly< p k 0 d s Imorov£merat .ndudes the cqnstructlon of 0 Slx-Ian£ bridoe over I-95. ii.) St Lucie Wdt Boulevard at I-95 Southbound Ramos Fastbound R.eserve Blvd . Three throuah lanes 9ne rioht-turn lant. Wutbound St Lucie West Blvd Thru throuah lanes southbound I-95 Southbound Off-R.amo Two left-turn lanes Two rioht-turn lanes iii.) St Lude Wdt Boulevard at 1-95 Northbound Ramos ~astbound St Lucie West Blvd Two Idt-turn lanes Three throuoh lanes ~estbound St. Lucie West Blvd Tnree thrauoh lanes 9ne rioht-turn lan£ Northbound 1-95 Northbound Off-Ramo Two left-turn lanes One rioht-turn lane ¡v.) 2nd r£c£ivino lane for the I-95 Northbound On RamD to accommodat£ dual ~stbound left turns at th£ I-95 ~ ramo! intes£ction.. ~ ~:~ ~v orovide for the construction of this imorovemerat throuah a iointlv ;¡:~.:~:::- ~~~;~ :i ;;"£tt .Õå!'.r auhl¡o P4J~itjr.1111J11 S ld. .cpnst¡VdiQp and f"'l!ina =~ ~ " 0 I. Ide.d It Is the su~) ect of a blndlno £x£cut£d develoDe's ;:E:=~ ;1' ~:~t~~~· ~~ ~£veloDer shall.be eratitled to re.cei~e fair shore ~raffic imlXlct ":;;;,;,;~:;;:t: f. ..I rd ;pnstrudJ" m'1I gf tbl' ¡"",...-.at .. '"' .m..... c i jth anY local roads imlXlct f££ ordinancES or rll!Oulotions. ~~ ~u~:~: :;;~: s~:~ ~:=u:~ for d£v£loom£nt that cu~ulativ£1v o£nerotES mort. ~han :~ ~:: ~ k-. I' S [)ecfimber 31 2005. whichever occurs late until an :=*'=' ~~a~:; ~f th~ Villaae Porkwav/St. Lucie West Boulevtlr-d roundabout is E::~U:T:; ;;:~:~:~::~: ~£ ~:moleted annual~ and submitt,ed to the ~ityof P~rt St. ~~~~ St ~ t t annual rEDort The ooeratlonal onalvsls shall Includ~ ~~ ~~ ~;r-~t ~fety and oD....I'lItional conditions and shall oroiut oDeration :;:.;:;:: ~ :.~ r~; ~< m.<th.dDIIIQV 2f .5Od! '"'l""'lyJis ...11 hS .-¡....,¡ v v CaS Lucl£ and Sf Lucl£ County In th£ £vent that the Resolution No: 04-081 Draft #1 April 20, 2004 Page 51 I»ubl.. Und&rliu is for oddition itril. ~nllJh i. for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 i) ViI\aae Parkwav and St Lude West Boulevard/R.eserve Boulevard o~ =i~.=::'': ::.:....1><011' ....p ocoiodllllo bo ~.IOJIII.v.1 of ,.rvie. II ":= u f' ; ,~. . ~ifled oD£rC1tlonal or aeometrl/:: imDrovements shall be :::ro.=: !:.~3~~e¡ ~D· ... bott.r :!IIF ~o'lt/in ~scct~pn ~oll b. ~~:: ~ _. h,¡¡lfIO th~ ,nt~II'" o..'"~ ,pont,f'III'. II} bolow ;:i,: r::;: :;:r.?~ ~i ;, ~~ ;ntorS¢IO . .Buildi~ ~pnnit. ~II t1W b. ~~;: = 0, r 0 . i~t has Þ'IJ' Idon¡lflod ~ tþ. O poat'pnal ::: { p:;;:.:;aE:f ~ ~. IIØII fu~ and 1st bv tho D....I..rc for tbs =/~ d i .. . . I r erftents mav Indude additional turn lanes. warranted . i :;i~~: ~:;~~ ~rki~~~ siaMoe liohtina and a.!sodated imDrovements (¡): Northbound Villao~ Parkway One left-turn lane Two throuoh lanes jwo-rioht turn lanes Eastbound R.esr.rv~ Boulevard Two left-turn lanes Two fhrouoh lanes One rioht-turn lane Southbound Villao~ ParkwaY Two left-turn lanes. Two throuoh lanes One riaht-turn lane Westbound St Luci~ West Blvd Two left-t4l" lanes Two throuah lanes One rloht-turn lone ~. ~=;~:~ondUe\ ~ .ipnal ..r¡;¡¡nl ~1:Is11 at th.. f.llowiM intor..ctigDI b In I -me slonal warrant analYsIs shall be contlnu~d on an annual baSIS until all sionols are war~anted. a. Glades Cut-off Road and Villaae Parkway. b. ¡lades Cut-off Road and ReservE Boul~vard. ~ "~:f ;:o~~~ ,:-f,;r d~rino tho g,.,l¡ I"'~. and or..ont~ ~nd qporovod bv tho :: ' ~, I d/ t. Lucl~ Countv as aDDhcable The analYsIS may bE limited to r i~i~O t:.affi;~~I~~~ counts onlv when Qar~ed to bv either the Citv of Port S1' Lucie and/or St Lucie Countv. as aDDlicabl~. Additional certificates of occuoancv shall not be issued nine months after the analvsis showina a traffic sianal is warranted until either (lor in: p ~"'d' hovE b.... fund¢ opd I.t bv ~h. ~.vol..... f9r tho i~lla1ign pf tho :;'::i~: :: -~'Akl' int....~"" .~ont¡ I.dy~i'" !JPorOJlriGt.. ion. e a z ~ DQVEment marklna5. SIDnaoe. hahtlnð and assocIated imDrOVEments: or. jj) ~~~i::i: (60~ days after a si~nal Is warranted a '~tter o~ credit ~uivalent. to 1 e deslan and construction costs of the aDbhcable slonal and Intersection April 20,2004 Page 52 Resolution No: 04-081 Drcsft #1 ðaubll! Undl!l'lilll! Is for oddition .o&tril. "Fh,.llIth il 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 31 32 33 34 35 imbrovements shall be. Dosted assurina that the aDDlicable sianal will be installe.d within 12 months aftu the. sianal is warrmte.d. No b:~~~a ;:~: :~~ ~: i:S:'~~ for de.veloDment that cumulativelv a£nuatd more than ~~~~:' ~.~. c"¡~ ;¡~ì;;;:;;' -t~ ~~ aft... 1\$<oIJ'bor 3\ 200? whid"¡v.r ~«:I!'"" . lot... . iI e 0 I tit ctlons has occurre.d for one of the followlno IndIcated imDroV£lnmt arOUDS (1.2 or 3), 1.) :i~-I:::~~:~ Vi~~~ :oule.vard from Bavshore Boulevard to U 5 1: md mmd the u 1 d I - ~rn lane.s a",d the northbound Ie.ft-turn lane at Prima Vista ¡;~ie:;;dïC~~h~~e Boulevard to 500 fut includina taDer: and Drovide aDDroDriate ~tersection imDrov£l'nents at Aavshore ðrive. and U S. 1: or 2.) a). Four-lane. West Virainia from Cashmere Boulevard to Bavshore Boulevard; QIJSL b ) Eiaht-Iane U 5 1 from Walton Road to Prima Vista Boulevard: md ;; ;=;~~ :~~b.und l,ft-t"aI 1- ~ ~ma Vista g."I......dl Aioyso uleva h ound left-turn Ime Imme.dlatelv w£St of the £QStbound left- 1~rn lane to a two-waY continuous left-turn lane: and. sf ) Extl!.P\d the ecstbound riaht-turn \ane to 500 fed includino taDer. at Prima yista Boulevard! Airoso Boulevard: and. e ) Dual northbound and southbound left-turn lanes at Prima Vista Boulevard!Flordta Boulevard: and. ~~~~. ~...~ rlaþt-t...n ~ tp «JO f¢. in~"diQp taap' and tho bou a -turn lane to 510 fed. IncludlrlO taD!!!r at Prima Vista BoultWCIrd!Flore.sta Boulevard: and. a.) One southbound Ie.ft!throuah!riaht lane (r£StriDino) and one southbound riaht-turn lane at Prima Vista Boulevard/Rio Mar I:)rive: or ~ ~ In the evmt Wdt Viroinia is not continuous betwun Ccshmue Boulevard : ~~~ ~:~.llowina ¡mora_ts shall be mad. .t t~. 1m......,!;... .f rd md Cashmere Boule.vard: Lucie W£St Boulevard and Cashmere Boul'M!rd: n Extend westbound I~ft-turn land to 375 feet: md. 2) Extend northbound left-turn lan~ to 450 feet: and. i) Fxtmd I!ðStbound left-turn lane to 525 feet at St. Lucie West Boulevard/Ravshor~ Boulevard: o~ April 20. 2004 Page 53 Resolution No: 04-081 Draft #1 f')oub~ Ullduline IS for addition ¡"ihe "R\,...." Is for deletion 9 10 11 12 13 1 2 3 4 5 6 7 8 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3.) a Four-lan~ west Vil'"Oinia from Casnmer~ Boul~vard to U S 1: and b :. ~=t ~~ Vira'-I. I' ~ ca¡¡t1_uO lS ¡pw"" CosþI1J"'. B~IF'"r.~ ~ Viii t 1I~~ina imorov~ments shall b~ mad~ at th~ inters~ction of St Lucie West Boulevard and Cashmere Boullr.vard: . 1) Extend wl!Stbound I~ft-turn lanes to 375 fed: and. 2) Extend northbound left-turn lone to 450 fed: and. c Extend e.astbound left-turn lane. to 525 fed at St Lucie 'oullr.vard/Bavshore. Boulevard p Extend westbound rioht-turn lane to 475 fe.et at Prima Boullr.vord/Florl!Sta Drive. e.. Exte.nd the. followino lanes at U5-1/Prima Vista Boulevard: 1) Northbound left-turn lone. to 725 fut: and. 2) Southbound rioht-turn lane. to 750 fed ðlte.rnative Actions: A.) Contrads hove. be.en Id to construct the indicated imDrove.ments: or. B) ;:,~I:~ lmar"'""'F"t .... br.on Igdu< ,-I W thirl h. first fl~ y..rs of tllo d D D' al ImDrove.mMts Proaram for St Lucie. County or the. Citv of Port St. Lucie.. or the. first three. years of FDO,..s adoDted Work Prooram: or. c.) A:t ~::~ has be.en conducted that demonstrates the. indicate.d imDrove.ment(s) ore. n n The analvsis shall also identify the new ìmDrovement(s) and ne.w trio ::~ d=:r~~il~:eW~:" such imDrove.rnent{s) will be ne.eded. The. me.thodoloav for ;~~n~;I~~:~ i TC dv results shall be Drovided to the. Treð.ture. CoMt Reaional . i e RPC) and the FðOT for review and shall be aDDroved bv the. ~::~:~: ~:~;:::itv Affairs mCA) Prior to .the redefined threshold be.ino . . e. I I!nt shall be. let for construction or shall be. Droorammed for c:;~:~:i~ ~i~hi~ the. first thru vr.ars of the. CaDital Imorove.rne.ntS Prooram for t . f Port St. Lucie. or St Lucie. County or FI:)O"'s adoDted Work Prooram: or. [)J A~ ::~:~b~:~OWe.r level of service has bun adoDted bv the maintainino aoencv and a _ . bun conducted that de.monstl"ates the indicated imDroveme.ntes) are :~~ :~~~~. esr::~ ~nalvsis shall also identify the new imDrovement(s) and new triD .r d when such imorovementes) will b£ ne.eded The me.thodoloav fo~ :~~~:~~:~ :~d ~e. study results shall be Drovi~e.d to the Treasure. Coast Re.lIional I n ( RPC) and the FDOT for review and shall be aDDroved bv the Resolution No: 04-081 ÞrGft #1 !')ouble Underline is for addition ¡tril. ~ 'lI,h is for clcletion April 20,2004 Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~:::~:e;: o~~;:::;v Affairs (DCA \ Prior to th~ r~ddin~d thr£!nold b£ina ~ .. I _. :;'¡';I! be If I fl " conmwøion pr WI! be """CI-"''''I9 far ~;:~ ~ ~h;. firri fiv£ Vf!.ar'S of th£ Cabital Imbrov£m6lts prooram for i Sf ~ Luci~ or St Luci~ COlA"ltv or first thrE~ Vl!ðrs of FDO"s odoDt£d Work Prooram: or_ ~~ ~: :: rn:::: St. Lucie and/or St. LuciE County hos adoDtEd a lona-t£rm o cu n £;;'~t svste.rn (CMS) and i"dud£! th~ indicated imDrOVBI\£"t(s) in th£ lono-tem CMS: Dr. e) 6 .:~ ~~=I' d...l.onur ......""I!'"' c9Í'JI11P" with ....1... '263 3220 th F ~S has b£r.n exEcuted and attach£d as an exhibit to the DEveloDmr.nt Order. f) Resolution No: 04-081 Draft #1 bauble Undel'line is for addition 'trille ~r.lI!h is for deletion April 20, ~. Page 55 . , I IL. . · · . . . . . · · · · « j w · · · t '< 0 « · · · · · · · t I u · · · · . · · · · · · · · CD · · · · · · · · · · · · '< '< · · · · . · · · « · · · · " t .r. i 1 ~ In c: ) N 0 .. "'S L. 'i .!! " ] Æ ~ u } ~ "2 ::J ~ ~ +- "S c j 0 ~ ~ ~ ~ Æ f ~ t ::J m .¡: j .r. .8 0 0 ::J U tI ~ Æ ~ ..c lit ~ t L. 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I: .2 it 2t J! - u.. 1 BE IT FURTHER RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as 2 follows: . 3 B. 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 32 33 34 35 36 37 38 39 40 41 42 43 44 The legal description for the property under this amended Development of Regional Impact Application for Development Approval, is as follows: This Description Does Not Depict Lines of Ownership A Parcel of Land Lying in Sections 14,15,16,21,22,23,26, 27,28,34 And 35, Township 36 South, Range 39 East, St. Lucie County, Florida, more pCII"ticularly described as follows: Begin at the Southwest Corner of Said Section 15: Thence Sauth 89·23'26" East. along the South Line of Said section 15, a Distance of 812.97 Feet to the Point of Intuscction with the Westerly Une of a Parcel of Lancll)cscribcd in Official Records Book 514. Pages 237-239, Public Records of St. Lucie Coun'ty, Florida: Thence North 44·46'07" East. along the Westerly Une of Said Parcel of Land, a Distance of 1393.92 Feet to the Point of Intersection with the Westerly Line of the Plat of 6. O. Team Industrial Park - Unit One. as Recorded in Plat Book 23, Page 31. Public Records of St. Lucie Coun'ty, Florida: Thence NoMhcastvly along the Westerly Line of Said Plat of 6. O. Team Industrial Park Unit One the Following Courses and Distances: NOI"th 45°13'33" West, 660.03 Feet to the Point of Intersection with the Easterly Right. of-way Line of the Florida East Coost Railway: Thence NoMh 44·45'58" East along Said Easterly Right-ot-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 Plat of 6. O. Team Industrial Park _ Unit One and its Northerly Prolongation and the Easterly Line of Said Florida Power and Light Easement, 0 Distance of 4001.62 Feet: Thence South 89°29'01- East, a Distance of 574.47 Feet to the Point of Intcr'Section with the East Line of Said Section 15, Being the Westerly Line of the Plot of PaM St. Lucie Section Forty Four, as Recorded in Plot Book 16, Page 23, Public Records of St. Lucie County, Florida: Thence South 89·29'01- East, along the Northerly Line of Said Plot of PoM St. Lucie Section Forty Four, c Distance of 112.97 Fat to the Westerly L.ine of a Florida Power and Light Eascmcn1 as Recorded in Official Records Book 90, Page 71, Public Records of S1. Lucie County, Florida: Thence South 00"21'26' West, along the Westerly Line of Said Florida Power and Light Easement, a Distance of 3975.26 Feet to the Point of Intersection with the North Line of Said Section 23: Thence North 89·23'16- East, along Said North Line of Section 23, a Distance of 33.09 Feet to the Point of Intersection with the Westerly Line ot a Florida Power and Light Easement, Recorded in Official Records Book 97, Page 504, Public Records of Sf. 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 Ught 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 r-95 Interchange: Thence Sautherly along Said Proposed Righ1-of-way the Following Courses and Distances: Resolution No: 04-081 Final [)cubit! Underline is for addition ¡trille ~N. Is for deletion April 20. 2004 Page 59 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Afore Said Point Being a Point in a Curve Concave to the Northwest to Which a Radial Line Bears South 4r50' 5r East with a RadiUS of 600.50 Feet; Thence Southwesterly along the Arc of Sc1id Curve, a Distance of 176.71 Fut, Through a Central Angle of 16° 15'3r; Thence South 59°00'40" West, 462.08 Fut to a Point of Curvatll"e 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 Fut Through a Central Angle of 38°25'38"; Thence South 20°35'02" West, 532.11 Fut to a Point of Curvature of a Ct.r've Concave to the Northwest, Having a Radius of 131.00 Fut, Thence Southwesterly along the Arc of Said Curve 149.35 Fut, Through a Centro 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 Fut; Thence South OO-05'4r East, 140.00 South 05·46'23" West, 64.11 Fut; Thence South 86°05'47" East, 960.95 Fut to a Point of Curvature of a Ct.r'VC Concave to the Southwest Having a Radius of 600.50 Fut: Thence Southeasterly along the Arc of said Curve a Distance of 626.00 Fut Through a Central Angle of 59·43'45", to a Poiñt of Compound Curvature of Q Curve Concave to the Southwest, Having a Radius of 1295.00. Fut: Thence Southeasterly along thr. Arc of Said Curvr., a Distance of 60.04 Feet Through a Central Angle of 02·39'23" to the Point of Intr.rsection with the Westerly Line of a Florida Power and Light Easemr.nt Recorded in Official Records Book 97, Page !50.4, Public Rr.cords of St. Lucie County, Florida; Thence South 00°00'02. East, along thr. 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!S5crncnt Recorded In Official Record Book 468, Page 2897, the Following Courses and Distances: Thence South 0003~'29" East, 1849.11 Fu~;. Thence South 06·37'22· West, 631.95 Fut; Thencr. South 12°26'07" West, 640.99 Fut; Thenu South 19·28'36" West, 683.65 Fut; Thence South 79°27'56" West, 55.51 Fut; Thence South 10°32'03" East, 50.00 Fut: Thencr. North 79°27' 56" East, 55.39 Fut; Thence South 40"32'32" East, 146.64 Fut; Thr.nce South 23°34'44" West. a Distance of 422.42 Fut; Thence South 89°52'lr West, 1527.70 Feet; Thence North 40°43'16. West, a Distance of 1216.31 Fut; Thence North 40004'45. West, a Distance of 95.12 Fut; Thence North 44°0710. West, a Distance of 365.54 Fut; Thence North 44·39'44· West, a Distance of 213.66 Feet; Thence North 48038'45. West, a Distance of 475.89 Feet; Thence South 61°51'31" West, a Distance of 188.61 Fut; Thence North 66°42'00. West, a Distance of 79.81 Fut: 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 SelbeLl Creek Phase IV, recorded in Plat Book 34, Pages 17 ånd 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 Fut; Thence North 43°34'56· West along Said Southerly Line and the Southerly Une 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 Westr.rly prolongation of Said Southerly Line, a Distance of 5393.03 Fut to the Point of Intersection with the Easterly Right-of-way Line of the Florida East Coast Railway; Thence North 44°45'38- East. along the Easterly Right-of-way Line of the Florida East Coast Railway, a Distance of 8,141.46 Feet to the Point of Intersection With The West Line of Said Section 15; Thence South 00°36' 34- West, along the West Line of Said Section 15, a Distance of 110.12 Fut to the Point of Intersection with thr. South Line of Said Section 15 and the Point of BcgiMing." April 20, 2004 Page 60 Resolution No: 04-081 Filial ðouble UnderlilllE is for addition 61',.11. ~r.. is for d&ldion 1 2 3 C. 4 5 6 7 8 9 10 11 D. 12 13 14 15 16 17 18 E. 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S 36 Containing 2,680 Acres More or Less. Any modifications or d~viations from the approved plans or requirements of this Development Order shall be submitted to the St. Lucie County Community Development Director and the Port St. Lucie City PIOMer, as appropriate, for a determination by the Board of County Commissioners of St. Lucie County/City Couricil of the City of Port St. Lucie, as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. 'The Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as appropriate, sholl rno.ke 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 complianc~ with this Development Order. 'The St. Lucie County Community Development Dir~ctor and/or the City of Port St. Lucie City PICMer, as appropriate, shall b~ the local official assigned the responsibility for monitoring the development and enforcing th~ terms of the Development Order. The CommtJ"ity 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 OMual report as required by Section 380.06(18), Florida Statutes. 'The annual report shall be submitted each year on the cW\Îversary date of the adoption, of Resolution 89-73, or the earlier date if two separate orders are adopted, of this amended Dev~lopment Order and shall include th~ following: 1. Any changes in th~ plan of d~velopment, 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. Und~veloped tracts of land that hays 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 th~ d~v~loper s and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in th~ 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; April 20,2004 P.61 Resolution No: 04-081 Final Double Uftderline is for addition &trill. "R\r.w,h is for deletion 1 7. An indication ofa change, if any, in local government jurisdiction for any portion of 2 the development since the Development Order was issued; 3 8. A list of significant local, State, and federal permits which have been obtained or 4 which are pending by agency, type of permit, permit number, and purpose of each; 5 9. The aMual report shall be transmitted to St. L.ucie County, the City of Port St. 6 L.ucie, the Treasure Coast Regional Planning Council, the Florida Department of 7 Community Affairs, the Florida Department of Natural Resources, the South Florida 8 Water Management District, the Florida Department of Environmental Regulation, 9 and such additional parties as may be appropriate or required by law; 10 10. II copy of any recorded notice of the adoption of a Development Order or the 11 subsequent modification of an adopted Development Order that was recorded by 12 the developer pursuant to Subsection 380.06(15), Florida Statutes; and 13 11. . Any other information requested by the Board of Commissioners of St. L.ucie 14 County/City Council of the City of Port St. L.ucie or the St. L.ucie County Community 15 Development Director/Port St. L.ucie City Planner to be included in the annUQI 16 report. 17 F. 18 19 G. 20 21 22 23 24 25 26 H. 27 28 29 30 31 32 I. 33 34 3S J. 36 The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. St. L.ucie County hereby agrees that prior to March 14, 2009, The Reserve Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the County/City, as appropriate, demonstrates that substantia! changes in the conditions underlying the approvel of the amended Development Order have occurred, or that the. amended Development Order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by St. L.ucie County/the City of Port St. Lucie to be essential to the public health, safety, or welfare. This amended Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this amended Development Order. The approvel granted by this amended Development Order is conditionel 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 that any portion or section of this amended Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision April 20,2004 Page 62 Resolution No: 04-081 Final Double Underline is for addition ii-villi 1=kv...,1I 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. 3 K. 4 L. 5 6 7 8 M. 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 36 37 38 39 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 amCl')ding Resolution No. 89-13, the developer, shall record a notice of adoption of this order in compliance with Chapter 380.06(15)(f), Florida Statutes, with copies of SC1id 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 CUff 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 COUNlY, FLORIDA BY ¿ Æ. ' .. '-I" . It L · -/1"'!(/.J Chairman April 20. 2004 Page 63 Acsolution No: 04-081 FillC1l l'Iðublc UMl!l'line Is for addition '.rille -;hNlIgh is for deletion 1 2 ATTeST 3 4 5 6 7 8 9 10 11 APPROVED AS TO FORM AND CORRECTNESS Resolution No: 04-081 Final ððuble Underline is for addition &+rille "AIr..... 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. S These areas ore 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 Coml1\Ìssion. 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, 1 S 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 to surrounding human disturbances 20 inc:1uding residential homé sites. 21 Where golf course fairways or lakes are adjacent to the nest site wetlond. the managed 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 oècommodate landscape 2S 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 April 30, no construction within 300 feet of 32 preserved or restored wetland sholl occur until the wetland has been surveyed for Sandhill Crane 33 nests. In tke event that active nests are found. construction shall not occur until July or 90 days 34 after th~ eggs hatch wkichever comes first. Resolution No: 04-081 Final t)oubl~ Und~rline is for addition ¡trill, lfl...II,h ¡, for deletion April 20.2004 Page 65 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1 Resolution No: 04-081 Final EXHIBIT H i MASTER PLAN FOR THE RESERVe (MAPS ON FILE ~ THE ST. L.UCIE COUNTY COMMUNITY DEVEL.OPMENT DEPARTMENT) ~ubl£ Underline is for addition ,...iI. "'Ffll'I j !lh is for d&letion April ZOo ZOO4 Page 66 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1 2 Resolution No: 04-081 Final EXHIBIT C UPLAND HABITAT PRESERVE AREAS FOR THE RESERVE (MAPS ON FILE WITH THE ST. LUCIE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT) bouble UnrJel"line is for addition it,iI. 'RIrlllth is for deletion April 20. 2004 Page 67 BOARD OF COUNTY COMMISSIONERS . "·S.J..T~l:'eJt'elï~...--r.,~ ' COUNTY'. F L. 0 R I, D A =- COUNTY ATTORNEY DanielS. Mcintyre Heather Young KoTherine Mackenzie-Smith Heather Sperrazza Lueke ASSISTANT COUNlY ATTORNEY ASSISTANT COUNlY ATTORNEY ASSISTANT COUNTY ATTORNEY September 28, 200ô William S. Spencer, Esq. Gunster, Yoakley & Stewart, P.A. Broward Financial Centre 500 East Broward Boulevard, Suite 1400 Fort 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, Dlsrricr NO.1· DOUG COWARD, Dlsrrlcr No. 2 . PAULA A. LEWIS. Dlsrrlcr No.,) . FI\ANNIE HUTCHINSON. Dlsrricr No.4. CHRIS CRAFT, Dlsrricr No.5 Counry Admlnlsrroror . Doug 1m M. Anderson 2~OO Virginio Avenue · .3rd FloorAdmin. Annex · Forr Pierce. FL .34982-5652 · Phone (772) 462-1441 FAX (772) 462-1440 · TDD (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- ) 399 Writer's E-Mail Addras:bspencer@gunster.com September 27, 2006 Via Federal EXDress 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 Amend/Rescind Resollltion 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 arca(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 "DeveloDment Order"). The Resolution was initially adopted by St. 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 bas built and sold homes within the Reserve. . ,_--.-. ..w....._....._ flmt, the procedure and/or purported process as "Published" and "Noticed" by the County is not consistent with its Land Development Code (IDC) and the purported 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 win be discussed - a description of the substance of the subject matter not only is not set forth 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. 1binl. 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 bas 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 GIIISt8r, Yoaklev,MterfJ 't,,f.t., Broward Ananciâí _ ~ "!iM'~st 8flMterd Boulevard, Suite 1400· fort uudetdale. Fl33394-3076 . I9S4J 462-2000 . FP: 19541 523·1722 . www.gUIIlter.com FORT LAUDERDALE. MIAMI' PALM BEACH' STUART' VERD 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 Regional Planning Council (TCRPC) and the Department of Community Affairs (DCA) and/or received any comment, the County has not made that infonnatioIl, communication or documents available to Reserve Homes, notwithstanding its request. The actions of the County are now causing irreparable hann and injury to Reserve Homes. The lack of procedural due process and failure to follow the basic essential requirements of law are readily apparent. Any action taken by the County and pursuant to the purported "Notice" on October 3, 2006 detrimental to Reserve Homes and/or ~nsistent 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 of law. 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 Jobn Csapo, Kolter Communities; Reserve Homes Ltd. H. Perry, Gunster Yoakley G. Schwinghammer. Gunster Yoakley Gunster, Yoakley & Stewart, P.A. ATTORNBYS AT LAw FTI.. 311229.\ dO...· ...." ... .... .,. . . . ",.0.." BOARD OF COUNTY COMMISSIONERS l¥!f.f~-=f""."~E·'~ 0'" 'e" ':",. '~,.. ".. '. :·'·'~I'i .'. -. COUNTY' . , ,', ,'F- .L ,0 R 'I D. 'A, '...' GROWTH MANAGEMENT o ... ..,~ ... ........ September 8, 2006 , C"",V~O ~ Yo Iò '\.\)\)~ ~ . S'ic.~ \) i£: (J 'tv~~? A ~"'1 ~, Mr. John C. Csapo President, Land Division Kolter Property Company 1601 Forum 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. Lucie 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 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. Dlmc:r No. 1 . DOUG COWARD. Dlstrlc:r No.2 . PAULA A. LEWIS, .Disrrtc:r 1'10..3 · F!\ANNIE HUTCHINSON. Dlsrric:r No.4' CHRIS C!\AFT. DI.ltrIc:r No.5 Counry Admlnisrroror . Douglas M. Anderson 2-300 Virginia Avenue · Fort' Pierce. FL ,J4982-5652 . Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Develapmenr: (772) 462-1529 · Fax: (772) 462-21J2 www.co.sr-lucie.fI.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 notic~ 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, fj 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 ~C~,v~{) ~ ..,... .1\ % 1~~ iJJ. St.~ \I ;r: ~ If ~17Y .~ 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 (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 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. 5MITH. Dlsrncr No. 1 . DOUG COWAI\D. Disrrlcr No. 2 . PAULA A. LEWIS. Dismcr No.:¡ . Fl\ANNIE HUTCHINSON. Dlsrrlcr No. 4 . CHI\IS C!\AFT. Dlsrrìcr No. 5 Counry Admlnlsrraror . Douglas M. Anderson ' 2.:300 Virginia Avenue · Fort Pierce, FL 34962-5652 Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax; (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucié.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 CDCA) 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 èontact the DCA and request the DCA to provide the County with technical assistance concerning the potential violation. 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S 25th US 1 [0 ~ o CD ~ ;U ~ ¡;: CD en en CD - :2 CD >z 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 S1. Lucie County Board of County Commissioners intends to consider whether to amend or rescind Resolution No. 04-081 pertaining 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 protection, 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 ofIntentate 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-OtT Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public ht!llring on the petition wüJ be held at 6:00 P.M., or as soon thert!llfter as possible, on Tuesday, October 24, 2006, County Commissioner's Chambers, SL Lucie County Administration 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 81. 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 S1. 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. I . 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 I :~!!~llitllêl~1 !i! Ijj;g=IIBlijl~=1 1¡1¡¡~!lilillll iil~ i~!!I~! Ij If . ~ ~11J.Q~il IW:I zœ I .~ ~~~im -Ii lei ii: ~ ¡! M i~i~ ~~ s[ ; :;;.i~ë~ m~al ~ I z!~i~I!~i~ ~ I 81 ¡.8~~11 . I~ ,5"¡Nlg ei ¡~ rtl' Ii Ii. ;~ ~ ~8je~o"', M!iI t:!2 ~15EZ II 1~!iI~ .BI!'.IS ji'. rl .. ~ª' c: E; ~I~:~~:~:.> ~:. i!!~ nill!~iII nill! 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Sls..· I !!.111~ i šii¡I if' ¡¡iIU _! !MJ (l h1· Ii! .ij :¡ g ~!I .g...~ g P :6~ ¡. i h a~ [ofJf I ill; ¡¡ '~k! ili ì L 0' .t 011& ~i' iJr~ I:' ~iflsl f ~~B~l B~ ~_s ~~ a' ]ã I· ni.. i-< =¡'f.!.!"' =~ ~ .. ..!i I õ'~ tB:~ S!~ to.if q ~tl.~ i~ I".:(~ t ~¡ R E! ~CI. t·l. Ii: 1:8 ¡= . .~ ~" ~ ~.Ii:~ Ii ~I: ,,: ~ilsr iõ :11": ~ ;~f; ~~ Jr=¡ ~ t!5 I.) ~ §: I: g a:" ~i.iI'i' it ..':-w 8 31 i' n 'D È!!YI ~l":i .q i~õJt ~ø ¡Ð~ 1J 'f i:!ll!' i J'irt-f rri il~ a~ (j:ll .. ·I! '": g :2" t::;IYI "'II! ~.;; - ~oo 8S E~ ~~ !~i- ~ . i4 It ·HI· "f!i ~ .f!.. i> en· tUl . J ~ fl" ¡I ir..e &1 ~t $I' li"å-~.... t:.. ~.ø i.. lil~ S Dol. ZI g-0 s..a.. i {,U:;¡ ;:J ¡; c f !! if r: .. .. .fir D~ .." Q,~ I. ~J i~ rl P-i g g. . .. I g. ~ " ~ q f Ç'I N . i e!- .. ::I Do I k BOARD OF COUNTY COMMISSIONERS ···/~·=r:·.'"·'·~··eJ··· ···c· .,...::.......,.. .........' COUNTY ~' FLORIDA GROWTH MANAGEMENT October 11, 2006 Corporation Service Company 1201 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 Comm issioners 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 orderthat 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 ¡fyou would like to meet to discuss these issues. Sincerely, í3 ,r? AI+- Bob Nix, AICP, Director Growth Management leaf cf: Board of County Commissioners County Administrator Assistant County Administrator - Outlaw County Attorney JOSEPH E. SMITH, Disrrict No.1. DOUG COWARD. Dlsrricr No.2. PAULA A. LEWIS. Disrricr No. J . mANNIE HUTCHINSON. Disrricr. No.4· CHRIS CRAFT, Dlsrricr No, 5 County Adminlstraror - Douglas M. Anderson 2JOO Virginia Ävenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GIS/Technical Services: (772) 462-1553 Economic DE:'velopment: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462·-1529 · Fax: (772) 462-21.32 wWVv', co ,st -iucie.fl, us U.S. Postal Service,,", CERTIFIED MAILw RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) 0 o' 0 : 0 0 ., . . . I 0 F F I C I A L U S E' I postage $ Certlfled Fee Postmlllk Return R~pt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ :r :r ::r t:J t:J t:J :r :r ::r I'Ll I'Ll I'Ll IT1 rn IT1 .0 IC[J c(] IT1 rn IT1 a- IT" a- IT1 rn IT1 t:J t:J t:J t:J t:J t:J t:J . t:J t:J t:J t:J t:J a- IT" a- .0 IC[J .0 I'Ll I'Ll I'Ll :r =t" :r t:J t:J t:J t:J t:J t:J f'- f'- f'- 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 retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature x o Agent o Addressee B. Received by ( Printed Name) I C. Date of Delivery D. Is delivery address different from Item 17 0 Yes If YES, enter delivery address below: 0 No Corporation Service Company 1201 Hayes Street Tallahassee, Florida 32301-2525 3. Service Type lJ CertIfied Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service IøbeQ PS Form 3811, February 2004 Domestic Return Receipt 10259~2-M-1540 . -'r'" . 't"'·',"" ,. .'.'"' y'.' -,."-;' S/:'. .... '~'''-'''''''''~" -.,¡;'¿....:. ~.<~"",':f...;;,..'"'Y',..........,"~i'I''"'.- - BOARD OF COUNTY COMMISSIONERS '......'.,.'(;.""..'''11..''''..'.' ...,' ,.,.....c'.'.'...."""" ,. ' ..""'...".".'.' "··"·~=r."L·eJ E IE'·'· ..,". '<ire'''·:··''' 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 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 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, 8,~ ¡/~ Bob Nix, AICP, Director Growth Management Icaf cf: Board of County Commissioners County Administrator Assistant County Administrator - Outlaw County Attorney JOSEPH E. SMITH. District No, 1 . DOUG COWA~D, DlsTrlcr No.2. PAULA A. LEWI5, District No. ,J . FRANNIE HUTCHINSON, District No.4· CHRIS CRAFT. District No.5 County Admlnlstrotor . Douglos M. Anderson 2300 Virginio Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-'1590 . Planning: (772) 462-2822 · GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-lucie.fl.u5 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 retum the card to you. · Attach this card to the back of the mailpiece. or on the front If space permits. 1. Miele Addressed to: PGA of America 8555 Commerce Centre Drive Fort Pierce, Florida 34986 . . . . . A. Signature o Agent o Addressee B. Received by ( Printed Name) I C. Date of Delivery D. Is deiivery address different from Item 11 0 Yes If YES. enter delivery address below: 0 No x 3. Service Type iI CertIfied Mall 0 Express MaD o Registered 0 Retum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (T'ransfer from service label) PS Form 3811. February 2004 I:C ru ::r ru Domestic Ret I" :. e,. . U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . , , ., . . , ,. I r 0 t!!"'" F I C I A l U S E r" Postage, S CertIfied Fee PoI\m8Ik Return Reœlpt Fee Here (Endorsement Requll8Cl) Restricted Delivery Fee (EndOrsement Required) Total Postage & FMs $ c[ I:C ruru ::r::r ruru I'T1I'T1 c[ c[ I'T1I'T1 tïtï I'T1I'T1 CO CO CO CC tïtï c[ c[ ruru ::r::r CO CO 1"-1"- nt ø . PGA of Ame!.;~!-_.____.___..__..__._____.._______._...--..--.... SiriiërÃPi~iitõ:~·5-·5"5-··--C- erce Centre Drive or PO Box No. 0 omm ......................... ëñÿ.·Siãtš;ZiP;¡~~~-·;~~;~~-~·~ï~;¡d~-- 34986 2 See Reverse 10r Instructions PS Form 3800, June 200 >.*c",;:. .:~"' ,.' .~' "(~, .~'"-~ ~$;'~"~;"'~";'-: "":~"~:;':)1Ø<>1W~I'!~~,"'~"""' GROWTH MANAGEMENT BOARD OF COUNTY COMMISSIONERS f(:;'t"'~.'·'··=r:. "'"""."~. .. ···eJ·· ':" .·C'~······I······E'··';';·"V,¡""P'.. i::'j,:1;?;"\( COUNTY., FLORIDA October 11, 2006 --7004 2890 0003 9383 2411 CERTIFIED MAIL Mr. John Csapo President, Land Division Kolter Property Company 1601 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, 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 qiscuss, 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, r? ß /. I..)¡~- Þ'-f Bob Nix, AICP, Director Growth Management Icaf cf: Board of County Commissioners County Administrator Assistant County Administrator - Outlaw County Attorney JOSEPH E. SMITH, DIsTricT NO.1. DOUG COWARD. DisTricT No.2. PAULA A, LEWIS, DisTricl No. J . FRANNIE HUTCHINSON, DisTricT No 4 . CHRIS CRAFT, DisTrict No, 5 County Admlnistrotor . Douglos M. 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Þ , . r: c: ¡:ð' 00: it m I.-- . 10/03/2006 12:18 7722214067 TC REGIONAL PLANNING PAGE 01 TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PII()~: 772-221-4060 FAX: 772-221-4067 FAX TRANSMISSION Date: /0/3/0b Fa:s:Number: . 772- Lj'2-2131 ~:-:.~.~"': ~ " . ,.... '-- ~/' . f,-,;; '.'<ã o oCT () C~ 3 lOOG -- ~ '..?), j,/J . ,~...~ . 4rf(ë,r. - Number of Pages (including cover sheet): 31 Operator: Ì)¡f D Prtv fYlJn ryrre ~~ ß~ta-. To: From: Project: ~es €-rue.. Ð (0 ( Comments: r~rI!t, ßvt - -\ uf. ~vkD (J-rn 0 ~~ 10/03/2005 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: 10/3/0& Fax Number: ·772- '-/(,2-2/31 Number of Pages (including cover sheet): 3/ Operator: Ì)¡f To: D t\IV (YLJ f! ryf'l¿ f)L.!c.v ßvs.Á-(L From: Project: 1<...e5€-rue- Ð (¿( Comments: 10/03/2005 12:20 7722214057 TC REGIONAL PLANNING PAGE 02 '. .;:«J:r :.~~ ::::~~..;~ ~~~'.~:: ~ j::'~~~~i~~~~,~;1~' ',..".,ft .~' .r~~:if.:~;~.~~:.> <"".~:' (~;~~jf~~tf":S~~ T--¡g'~m-.riftK';- -,' ,.- ."., P.;,''\;>·'·~~¿P'~~'I~: .··...,·R.~·~ASt:U}J ~~~..~ ~~..: ~~ :..:~ ;. 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'. :.' . -=-- MEMORANDUM Date: Dan McIntyre, SLC Attorney Terry Lev.-is, ESqUire. . tJ Michael J, Busha, Executive Director' f~ September 29,2006 To: From: Subject: Reserve 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 application for the Reserve DR!; 2) never completed its review of this NOPC; and 3) never communicated to the City or tbe County that it had no comments on the Nope 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 ~bitswith a short explanation of what each exhibit contains aDd illustrates. These exhibits are provided for your information. Most importantly, Counci1 finds no evidence in its files (e.g., correspondence, phone log entries, notes, memorandums, etc.) that it communícated 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 nor the County is able to produce any paperwork to suggest anything to the contrary. "Bringing Communíti~s Together" · E.st. 1976 301 F..or Oc(~n Boulev.,o! . Sui.. JÐD " SIII..t. Florid~ 34994 Phone Pi2) 221.4060· SC 2Ci9.U6D . Fn (772) 221.4067 . E·m~ I . ~dm;nlii\re.". orr 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING PAGE 03 Exhibit A AIl Ex.change of Correspondence and Broails 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 correspondence clearly con:firms 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 review 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 former city planner, Enrique Betancourt, regarding the _ NOPC. The item contains a statement that TCRPC staff indicated it had no comments on the NOPC. There is nothing in the City's or Council's files to suggest Council staff ever communícated this to the City. What makes this even more unusual is that in October 2004, Council staff provided comments to the City rela.ted to the land use amendment required for the 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 Ordcrs once both local governments with jurisdiction have rendered the DOs and DCA officially transmits them to Council for review. 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING PAGE 04 . .... .., . -- -, ,------..-- ---r-~..iOt1l . -. '---e ." ...... .. .~ ~'i·r.J , i I ¡ ; I : .~- ------- f HOIIYPi1èê·~·R!:.:fhe ~rve NOPC, 'I.~se A~endm~n~. , Ftol1'l: To: Pate: Subject: "$çOtt Morton" <smgrton~kolt.rprop.CQm> <OrahefakyD@GTI.AW.com>. <STEVEB@clty I.tom> 9124fOS'S:52PM RE: The ReMrve NOPC. Land Ute Amendment debbte, . dC)n't nold up ~e ç ty counçìl schedule we w~U be at the meetIng to a swer . any questlcna telated to the d, o. land use changes..1'\d steve or rog r çOUlá address any of:the lagal queatlons ~g courn::iI --.Origlna[ Mttssage-- From: OrshefstyD@GTLAW.com (møllto:Ol'lhefskyQ@GTIAW.co Sém: Wedn';sy, SeptemDef 204, 2003 3:06 ÞM TQ. STEVEBþltyofp8l.com . Cç: HoltyP(Qlel,yofpsl.com; smonon@koJterprop,com. Subject RE: Tþe Reserve NOPC! Land Use Amendment Steve, I am g~ng to be swty on vacetlon on November 24. could w hold the transmittll hearing 8t the fi1'lt City Council maeting In November or e first meeting I"~ December? DebbiCl . -Original Mctuage---· From: Steve B$11 (møllto:STEVEB@çityofpsl.comJ Sent: wednuday, September 24, 2003 2:49 PM To: Orshefaky, 'Debble (Shld-FTL·env) Cc: Holly Price, Subject RE: TI'Ie RClaerve NOPC, I.and Ule AmAndmel1t Land uu nearlngs would be Nav.3rd P&% Board, NOV. 24th City Co ncil fQT the tran.mlttal hearing, The NOPC will þl heard In conjunction Witl"l final plan Ido~on to Þe ached¡Jled upon "'turn of the ORC report DCA after thl ~ew )'ear, probablY In earty Marc:h. >:» <Ol'1hefak)'C@aTLAW.com> 09/2~03 O2;44PM »> We EI~ heppy ~ waive thè time frames in 15!/3801lnd go to Novem er, I will get you e I~r to that effect. Please let me know what the dBt in November wI" be so I can tie the letter to tholle spec::lfic dBtel. Ï1'Isnks -Original Meeaage- From: Steve aall [mafltc:STevEB@CltyofpsLcorn] Sent: Tuesday, Septømber 23, 2003 5:~H AM Tc: 0l'lnefaky, þebbie (Shld..FTL·Env); amorto¡,~kolterprop.oomi gboggs@lucidodeslgn.çom Ce: Holly I'riçe: Subjøct: The Reserve NOPC, Land Use Amendment 4 This project will. neeå to follow a bit dIfferent proce8! route because it is both a change to the DRI and a land use change, The DRI need tel De conaiatent with the land LIse change. Tl'lerefQl'8, we will tranBmit the, . land use (tentetlveI achedull) Ie Nov. P&.z, end gf NtTf. CC) and hold he NOPC changes'to the DRll.lntil the land UN comes back from DCA 10/03/2005 12:20 7722214057 .TC REGIONAL PLANNING ----- I I·E '" .....' "~ '!sf!;""" a'~ - NOPC" Use Amendment Hö Iy I"'"noe ~. ¡lie ~ rYe '. .--... .-e -_.~-_. ---- (estima'ed to b~ ~nd of Jan.) Thèl'l we will adopt f1nalland use approval . with lInal DO fqr NOPC probably in February sometime, Statute, re ulre us to act on th~ NOPC within 90 days. TI'I.refo~1 we are I'8que$ting letter from you ~'ng this sc.neclultl is OK and tC1 defer our .ctlon !:In the NOPC until: such time the land Ule hall been reviewed by DOA. le888 s\lbm It 5uc:h letter to oLlr office In order to etay on the scheàulé for NCN. P&Z othe~lse we will not sohedule It. Thanka de: <HollyP@c1tyofpsl.oom> " PAGE 05 l11 , , I : I ! I , i ; I I i I i I I I I I I 10/03/2005 12:20 7722214057 S.nt by: ßREENBe~G¡ T?AUñ!ß e CIIb ~t.lrI. 0I"£ ;a.\()- I'~") 1 &"8~ JoC i l ,~h.&1I)'¡ .~..I!.I.....torr. VIA FACS~ILF. MI. Steven aall Phuming &. ~nmg D~.u1mQ1t CiI)i ofpott ~[. Lude 12! S:W. p~ St, tu~e Boulevard Por: St. Luc~1 FL 34984 TC REGIONAL PLANNING a54 76f 1~77; !OeJO~:55Pijj~ #31Ui~'eB 2:3 ü~ff~~t~~ ...,.,.e.~r"r, ", 1.1' 1~~~~1~ M:.DennisM hy Community D VQlopm=tlt Director St. Luei~ Co\1 y 2300 VirgiJ1ia ve Pon Pierce, F .34982 Re: ! Tbc Reserve ])RI - Nottfi<:f.tÎoo Df Própos~d C1I.aøgt n4 LaJ ,d Vile PIe i Amr-ndmeJ2t . i Dear St~ve a2¡d !}wmis: I O.n .~\.IyuSt 2:2t 2003 Reserve Homes filed the &bove m encc:d r=qutst for arncndment¡ tCi 'Iñe Itelt~~ DRl ~d a LaM UIe Plm Atnendtn~t ilIlh~ C1 of Port St. Lucie Future Land List Ma.p. ~umJ.anL 10 Section 380.Q6(6)(b) Florida Statates, the local ~o\'ernment was to a.ch ~ttb~ a pi.lb1i~ beum¡ on thb transmittal of the Lane! Usa Pl AmendmeT1t withi= thirty (30) cia>'S. of fiHng¡lmd m¡¡,ke a determÙ1atioc on trlUJlilmit1.al within aix . (60) c1ay:¡of the initial t1JitJg, unless that tiine is extended by thr: developer. On beh.t1f of e Homel. WC' ar~ hO:t=by lU:!mding t110s~ timetnm.e5 to comport with the sc:hedule sc:l fo in'th! enelosec! Iet't.er from Ht'llly Price <4lcd October ~ 200~. Likowis; Wð are hereby at nding th~ tímeb%tu= provided ip Section 389.06(l9)(f) to al10w for ùu?lemcn:ti.~an of the Sð ut~ Set forth in Ms. Pri~f:'S ent: ose(f 1tne~. , --.7 We lo4k [Ol'\\'ard to addressing these m~'tters with you as ~ ped!ûo\lsly is possibl;, D~ IO/¡~m F.n\'Ir>:;we ceo' Mr. J ìl:1 Sb.YC!cr Mr. John çr:apo Mr. Scott Moner. Mr. KeTJ Mt'lcalI -) / I' t .' IHrl1U¡n, 'fUIUIt:, P.~. : PII.l'1' Or.rltl: UO:lt 14U6 .'onr L"" 'K~WUI. P'lllJ I"~ nos 4111 '-.In r,^~ o.,~ JI''''~~1''"11 ~l..ITt ~C1UÞ FORT 1."II~U~M ,r., "¡.t AII.~ aUOI P54·¡U.U QC ~'u 1 1i~.7(,::. 177 "''"'If r1l,IW,ltno "."'I7'U:-'~~, ~" I,",.i au'., "1'''~ a~1 ""JI' C~ICAr;o ¡:)11~·vr.J I"n~'I' 1.41'PI\"IIIA~1t LiI~ A.~C~I I MI""I N,,'I1' J\Ma~ N\.. Y"ì.~ OIL.~!<1o'1;J r,...·.....\\t\.~~I. i'''''~ '/~ T..1..\lI..SdtJ: T'YSO!'it Cnn...r.~ ~4I~ !tC:1Ø1Y. f.¡ C "X¡~ ~P( ~U( \t' L~I'tvr(.;tI ~r/!m: , . ---.-....... ....-.. . ,........._~_.L-..~".....I.. PAGE 05 p.el ., '. I I I i 1 I I I I I I I I i I I I I I I I I I I \ I I I I ! , \ I I .! 10/03/2005 12:20 7722214057 TC REGIONAL PLANNING RIVERGAïE DENTAL G~OUP SEP-22-e6 lS:39 AM 061 3:35 7811 I ...~ " \~!: ¡" "¿.~. ..~~~.\ ...~::-i ~ lJ.t '\~' \ I \'....II'~:\¡r' , I -è..:"')!- I I Þ .~. I \ ' . ~'.~ \ ..... ¡ ./ \,¡r ,\',' , " '\./ l " .."............ ; ~c:'¡.\.;.þ.. .....-"1.1 ~ ~ ' :CIT1' OF PORT Sr. LUCIE '.PLANNIN() & ZONING DEPA~TMENT '1.21 5, W. Port St. l..ucle Blvd. .pert st. lucie, Flond.. 34iS4-50;9 (772) 671..5212 .(772) 671-512. Fax e I , PAGE 07 p.e2 I , I i I I I ! I I I I .. J Oc.:lo'ht-r Z. :!003 ])~hÞ¡t\ M. ()rshef...¡ky GrL:cnì~r¡ 'f'r¡turig. P.A. 401 E. I.ag 01~ Buulevard, Suite: 2000 Fl. I.aud~rdale: }:L 33301 RE: The }{\:setvc - l.dJ:Id Use Plan AmI:f1dmcnt 3.ltd Nope f)c~r M:s. Orshcf.~ky: _Iu previously discusaed, "''e will naed to send the Land Use PI Amendment to the: Department of Community ~ffair!i bc:flJre W~ scbedule: the m=:lings for the eserve NOPC. The schedule for the n1Bt'Hng~ ro~ the ¡..and Use P~!1 AmeDdn:¡ent Ilnd the NOPC' as follows: Decem~r ], 2003 P&Z Board Land US! Plan Am dmen\ January '12, 2004 Ch)' Council Land Use Plan Ami;\ dmcn1 (Transmittal HCMing) We wi1l $ohC'du~~ othr:r meetings with the Planning and Zoning 18.fd and Chy Council after WI) have ()bta;ne~ ~omme"ts fi'om the Dcpanment ofCommun~y A airs. We 'tenL~ti~ly expect to sohedule the ~lings as follows: AprilS. f004 P&Z Board NOPC April 26,. 2004 City Council NOPC and LandUsePlanArn If)'OI.I hnve l]1~' questÌl)DS or commetrts, J may ~ reached al (772 Si.ncc¿ '." ..;tØ;,~~/ ~ ,? /.:";¿~ ~ony Prìr.:c:- ' c: Sl..'oll Mm'l.\)n, Kn!Lcr Property Company , ! I ¡ I I i 1 I \ í I , I ì I ¡ I I I , I \ , ! ,: . . , ' I , 1 , ! 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING PAGE 118 TREASURE COAST REGIONAL PLANNING COUNCIL MEMQRANDUM To: Còuncil Members AGENDA ITEM SJ( From: Staff Date: October 15,2004 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amcndment to the City of Fort St. Lucie Comprehensive Plan DCA Reference No. 04-D 1 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida. Sta.tutes, requires that. Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, an affected person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests DCA to prepare an ORC Report, then Council must provide DCA with its own objections, recommendations for modification, and comments OD the proposed amendment within 30 days of its receipt. Backg:r,o'Und The City of Port St. Lucie has prop'osed one amendment to the Future Land Use Map (FLUM) of the City comprehensive plan. The City has requested that the amendment be formally reviewed. 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 attacbed maps). The property is the northern most portion of the Reserve Development of Regional Impact (DRl). Most of the Reserve DRI (originally 2,690 ~cre5) lies in 'Unincorporated St. Lucie County. Approximately 238 acres are within the City of Port St Lucie including the 162.9 acres in the subject amendment. 10/03/2005 12:20 7722214057 TC REGIDNAL PLANNING PAGE 09 Prior to 1995, the FLUM desjgnation on the subject property was Roa'v)' Industrial (111). In 1995, the City approved a FLUM amendment redesignating various portions of the property to General Commercia.l (CO), Institutional (1), and Light Industrial (LI) for future development of residential units, an assisted care and living facility, a nursing home, and medical office spa.ce. However, this development did not occur. Tbe current FLUM designations in the City portion ofth.e DR! 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 Rigbt-:of-Wa.y 8.0 acres Light Industrial 58.1 acres Hea-ry Industrial The actual FLUM 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 as an upland preserve at'ea pursuant to a DRl development order condition. The proposed usc for the northern portion (101.8 acres) of the property is 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 additional 271 single-family residential dwelling units adjacent to tbe Reserv'c Planned Unit Deve1opmen.t (PUD). Surrounding land uses are agricultural to the north and west and residential to the south and across 1-95 to the east. Su.rrounding 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 Commerce Center Drive is proposed to be dedicated to the City and the applicant is preparing an application for a Notice of Proposed Change to tbe DR! development order. The subject property is part of the 490 acres required to be preserved as native upland habitat as a condition of the DR!. 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) DRl 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING development 'order allows the western perimeter buffer to be used for off-site mitigation by the Reserve. However, the City acknowledges that addi.tional mitiga.tion will be needed. The City indica.tes tha.t the proposed DR! amendment will further define the potentia.l impacts on any threatened or endangered species. The City supports and considers the proposed amendment consistent with the City plan and with the adjacent Reserve development In response to the loss of land availa.ble for commercial, ind\lStrial~ and office uses) the City indicates 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 family-oriented commerce that will be complementary to local businesses. ExtraiurisdictionaJ. Impacts Requests for comments letters were sent to St. Lucie County and the St. Lucie Urban Area Metropolitan Planning Organization (MFO). A letter, dated October 4) 2004, was received from the St. Lucie :MPO (see attached). Should tbe area develop as proposed., there would be sígnifican~ impacts to the County and City. Effects on Significant Ree:ion.al Resources or Facilities Analysis of the proposed amendment indicates that it may have adverse effects on significai1.t regional resources 01' facilities, namely on upland natural communities that provìdc habitat for endangered and potentially enchngered species. Obiections. Recommendations for Modification. and COIIlIl.'lcnts ' PAGE 10 A. Objections . A{\ 5ø Vw' ~ 1 1'J '~~ " v. ,!v \s<:- ~o \0 -7 q \ "'~rÞ (.-~ +-, . JI~. IL vJ ¿ ~ 1;¡r{....¿ ---th..t 1. None B. Comments 1. The City staff analysis indic,ates that the amendment location consists mostly of pine flatwoods, three lakes, and a wetland. Part of this area is currently used as an upland miti.gation 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 babitat 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 habitat for listed species and upland buffers for wetlands. .(..U.vi 1ì.'7J UJ.....) ok.. 71 .. 10/03/2005 12:20 7722214057 TC REGIONAL PLANNING Prior to a.pproval of the e1inñnation of 8J:1Y additional native upland habitat on The Reserve DRl, an inventory should be provided to determine if the requirement for the protection of native upland habitat is in compliance with the development order. The clearing of additional na.tive upland habitat should be approved only if it can be demonstrated tha.t 490 acres of pine flatwoods have been protected by deed restrictions in accordance with requirements oftbe development order, Recommendation Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachment PAGE 11 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING . STA1'( OF' HOR I CIA DEPAR1MENT OF COMMUNI WDedicated to making Florida is better pJac~ t Y AFFAIRS r:2/J homeW IU .1I5ti c;wf'l\lI 7HAt)Q1U5 L. COllIN, AlA ~ec.reu1 Novembc:r 121 2004 JP&lE CJE NÆJI)) NOV 2 S 20D4 111e HOI10TClbJE! Robert E. Min$~ May~r, City ofPorl St. L'ucie 121 S.W. hlrt St. Lucí~ Boultr\'a:d Pt3n s~. Lucie. Florid.. 34984 Plal'ml,,; Oe~rtmllrrt City 01 Part St.l.J.de. PI. Dear Ma)'or Minsky: The Department ofConmmnjty Affairs bas completed its revi oft~c: p1:oposed comprehensive rJ~n Amendment for \he City of Port St. Lucie (DC No. Of-Dl), whic1'i was received on S~pt=rnber 17: 2004. Copies of the prcpos~d amendment have been distributec1 to appropriate stst~1 rési01'laland toca} a..e.endes for their review, and 'the r comments are enclosed. '01., ."'., \-. The Department þas revi~weq the comprehc:nsive plan .Lml~nd RLlle ~J.S,.Flcmda Administrative Code (F.A,C.) ana Chapter 163, P Tbe De.partnient do,es not identify any Objections and this letter serve Recoi11T:1cnda1ions ~d Comments (ORC) report.. ent for çSn8\stency witñ n. Florid,. Statutes (F.B.). as the Objoctions, FC'lr you)',' assistance, ~ have attachoð procedW'cs fOT final ao don B.n¿ \ransxnittaJ (If the: campreh~D5ivt'i pIaI') amt:nåmenl.líyO\l have any questions, pleas!: c 1 Rog~r 'Wilburn, Princ1paJ Planner, or Jam.ie Caker, Planner, at (850) 922-J 816. Sincerely yours, (AJ./ì GhaTlt:s Ga\1thi~, Ale? Chief, Office of CompTe enBive Planning CG/jc:.s F.m~¡olìu~~s: R~vi'ew AgI:DC)' Conunents·.· Transrníttal Procedures cc: Ms. Cher)'] f·ri~t'ld. Actin¡ Directnr of Planning and Zóning . Mr. Michael Bü~hR, E:xccutive Direc1.or, Trca.~e COast R~gicnal pJaMing Council 25SS S/IUMI\IID OAK BOULEVARD . 'rIlLLAHJ.SS~f F ORfO", ':239$1-21DO ~h"nt': ~c.~Ðö.eH6/hnl'oll\ 27ð.ðHtS FAX: 850.92':07 1/Sùl\com .291.07a 1 Intt'rne; ;¡ddrU1: !lJ..uu1./w""w.dc~ cIa ('I:: .C"" ~,...H cn",:rt'~ ml.l1 fllrtC! ~~ÝII CJ..pr~.'. ''',~'n'04j, .$\11111 /:, t.~I"h."" 11 , ":I\I.·} ',',' COAL\IUIoIIH ~\",N~INO thltRGIN~ W.N4c;¡IV\,N1 rou JÌI\I...rt O.~ ,..",¡",.rd ß~$ '"11"'.'" Olk ....eNtla nh.ho.....'L )~'n-lløo ;111........ FL ]:un~\OO MO\J9'NC .. Çt,»>L_I\.1NIT\ prVrWp~\t""T 2~:! 5hur..,d O.~ eø.l~nrd ..11.......... ," 2'''~·''DO PAGE 12 ! , . j i i ! I ... .\ ., ! l~/~jIL~~b l¿:¿~ ((L:¿Llq~b( IC ~EGIONAL PLANNING PAGE 13 11'.2 PAGE 15 DEC 07 2003 12:C3PM HP LASER JET 3200 . ~. ., 21 !1 I 2884 12: 58 551-S71-5124 "'1"":""~ --- cm FœT ST. LLCIE DAíë; ~ 1$ W~.,·" c.,o"J</' r"'-·- C- r 'C....., <-t.. i, 7 L-o",,,,, c.. ~ I . .' ~ 10;. IN ....~ p. ...r+' ? r Ci'ty of Pan St Lucie . -f'k.. l'~p-c/ <xvr i.. r e. ~ ~8t~D~~ u.fL¡ r'-1--v"'-'.¡-....¿ p.".,.., It$t~ +-c- 0~i . ~~ Pl..,ANNING & ZONING aoARD ...MEETING OF oeca8BER 6. 2004 ? S L.... . ENfUQUE aerANCOUlU. PI.NIIER ()" ~ IS· iHS RESER'i/EDEVELOpr,ØI't OF REGIONAL IMPACT (DIU) . MA---tfc.r NOTIce OF PROPOSED CHANGE (pROJecT NO.·pea...sæ) .A ~ s'ftt AMEMDMENTTOTHE D'ðIElOpMeNTORDER I 'v!/' NQ'oISdIaER22.:2II04 1 J Z.'i' /6 , QyAlERlAPPt:1CAN'C Rese&W Horrs- L TO, I,..P. . I,PCA TICti: "nil> ;>rOP'!'Ir Is IOcØIed cIIrdr.... d ..,......,.....115 .,.s --- d G1-* OU1Oft'. . . mæ The tabil8Cl'$l far thIa prqBCt. _ 2.890. d whiClh ~QJQmatøiy 229.22 øcrea ..11'1 ~ a1Y m:{2¡4$O..78 acre& In t:ha GOUnty. . . JnAJ,. oesCRlPT10~:' p~ rJ ~.1Q,11.14.15 ø\å 18, T~P '38 ScUI\ P.aI1gé. e.l ..' ~~~IAND tise DeSJewA.TlON: The laM UD d8"~ Øticns forÞ propert¥ bcIIted -,,1ttIIn Ihå.~tp Qenerat ~I""-. (GC), ~ InCkJStrI8i (U). ~ (I). ~ IrØJIIIri81 (HI)I and UtlIft¥ (U). p~ L.-,d U!I;8 D.U·Œ'~ Open Spacé~ (OSR) fat 101.77 ~ and l.CW L)snSI!.y ~ (Rt..) fcr~ -=- A ~CÞÒ ~ pWn.' aU'CN-dn'Øtt h8I- been ~ tø ~ (pouæ) . . çuRRefr LOÑING; ~ (IN) . fROJECT BAOj(GA~~ the deW)opeF originally. Qbtatned approVEd to conøuct the faItoWInQ dw$k41~ . . . .,;. .. . TO': FROM: RE: 4,100,-~~'- ncuaing unÞ z5O-room t1Q\tII 290,000 ~ feet r:'f reæfi 7722214057 10/03/2006 12:20 TC REGIONAL PLANNING DEC C, 20C312:0gPM HP LR5ERJET 32QO PAGE 14 p.3 .~" l,,¡'U/21e4 1.2:58 561-B7l"51~ ~ ......"" - - --.. --- crFY PŒr. ST. LJ..CIE PNIE. 1& _. , ~ 100,009 squn feet of Gffjce i 1 tØJ.OOO $Cf.IIIrtI fsIt d ~ fP~ ~UA.~ TO -n.w; nS=\lEl.l·ll:Iu~NT ~ . . T\1$ røø rI pt""t'~ ~~ (NOPe) to th8 epprcr.'ecSDRl1S tD.amend tha DRI ~OnØ'tCllllttM'the~ ~.aent 3, :zoo ~ hc;1u8Ing LI11t& 25QorOOm he*! . 290--000 squ&r8 fe8t err rstaU ,OO,COO ICpJ8I'8 feI!It Df Clfice . 5OO,tx)O ø:pØ feet d 'jrØ.J8trt8I. 04 gotf cø.fI'8II wnn.,c¡: r f1t1 þJ1Idk1gI . A passW..,ci ~ ~~ ~ ~ fØli incItJåø: Þe~n and ~purpoIIe ............ \iiI1d8, _,j ío/wI ~ .,,;iIIOOPìe -. porI<!rG fór 160 tIIhIoieS, on! ctiJdr8r't8 tesm ~ trsiuIl;g cnør~ . " ' The DItÌec' ~ CII1InQBS-tD the DR! ~ ~,inclUdatt'18 ~ ~ ~an crfce(t8in~~- ..,.~ airq.øllY8C'd~~to irdicate ttIItU1Ds8 cøndiiOfB ~ ~ ~ þ".clrJtk.1n of ~ rega1JI'V . uptand I'1IÞItat ~"in(\ to aJtM8d fDrlDlf dB rnJtI~ ihe ~ r:I a ~10 h . ~ teettan to "Jr:Mrtenc1_~Toriha ~ th8'ått\Cn Of.....,dIIcn .::::~ ø"'k"~ of st.1,ucÍe -~. and.æaACI aÞrt~",p,O;4l·_11B; andb eddIIian ~8~ f1¥IWdiCGIha~dÞ~"'repart.· . . . . The ~ ~ge. tþ.1he DRI doIIa nøt.·~a I d any cf þI aitaria 1* In .' s..ÞtdCX1380.9ß(19)(b} FÞ'IdS ~ WhIch wcØt t(I~ a suÞ~" dIW1øtiOO- Tte ~~ ~ ~ þ~ and Þins1tY ofÞ &pProvad , plan. r:A,œflll\~~ and do nat~ thB Þut'ld en( -. TheT~ Cœst . R.gicnaf .plennt'G cc:.ud1 .. ha91nã1CSted tmt tnay dQ not h8Yè «r¡ carcvnent& an . the pI~ NQPC. .sTAFF ~NM.11ON: The Plar'IC11rC3 oepsrtrnent flr'\dI. bit h.~ d'1In;M wm not CftIIata QdditiaUII .~~ ~ on the ~ ~enò fsICStØIeS in the area and ~ approvwl ofb ~Md a.~.tQ Ihe ~DRI DeYeIopnentOrœr~tg ~ dtiwta ~1Øt!m ~~ Þyt1e 0ftYSngine8rin9 bep.(bnsntpriaric1hls appI'ødkIn bøtng fot~srd8d tD b CIty CcUd. . , . . - 10/03/2005 12:20 77222140b7 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 I,...r'- t/ REcerVEC r t" ? t 2005 1;1:.,'"-:' .;...; "·.I'~ì P.E(310NIo\~ M.ANNING COUNCil February 17, 2005 ~,\~. K~I\.":K'~t;·"..- .. \ ~~ ¡. ...:..:. \. c:! C.......... ~~t .r'~ , I...·· .. ,0 "'.... 'Oo," , Mr. Ray Eubanks Department of Cbmmunity Affa.irs Resource Planning and Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399·2100 ·C " , ,..' . ..'~ ,," ' C'~.,. Re: P03-332. The Reserve DRI - Fifth Amendment to the Development Order Dear Mr. Eubanks: Enclosed please find a certified copy of the amended Development Order for the Reserve DR I (Resolution OS-R09). The resolution was adopted at a public hearing held by the City ,Council on February 14, 2005, A certifi-ed copy of the amended development order has been sent to the Regional Planning Council. If you have any questions, please contact me at (772) ei1-5218. Sincerely, (L rl1J ~ Anne M. Cox, AICP Planner c: Treasure Coast Regional Planning Council Scott Morton _...__M_· ,'-'.--"'-', . ----".---.' .----.--..-.-.-... .__.. _ H ~..__...';;;:;:,;..o.;.;.......~'..'_::.:.~..;:.;...;...·.:·.:;..«.,t:~- ;"~"';"~';"'~..';.;:.~__..:;.~~" .,~.~;.,..;..¡...~;:.~-: ~;;~.':'I,.:.... ..: :'.;'.:7:~~.':~~ .....;:;.,:,:~ -.:.';'""'::"'-' !~/~~tL~~b lL:L~ ( ( .t..t..t.J. LftJD r I '" 1"'i.C.~J.UI~HL.. rL..,....I.,I"tJ,.I'~ I ....\.oI~ .L.U Exhibit B Internal Memoranda from Council's Transportation Consultant,·Regional Ecologist, and. Deputy Director Confuming TCRPC Had Significant Concerns with the Reserve NOPC. Notes: There is also a related sUìff report adopted by the Council at íts October 15, 2004 meeting related to the comprehensive plan amendment for the NOPC. The report identifies that Council had significant concerns about noncompliance with DO Condition 15 (see Exhibit A). This report was 'transmitted to the City a:nçi the County in October 2004. ~~/~~(L~~C ~L.L~ ( I LLL-J.. ""tVU I I V "....""..UI'ML.. I L-MI,I ,..I''WI 1""""'''- .. r MEMORANDUM To: Jim Snyder From: Peter MeII'Ítt Date: september 24, 2003 Subject: PGA Village DRI Notice of Proposed Change to the Reserve DRI I have reviewed July 2003 Notice of Proposed Cb.ange (NOPC) for the PGA Village Development of Regional Impa.ct and have the following comments: 1. The NOPC includes proposed changes to Condition 15 dealing with the requirement to preserve 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 language in Condition 15 refers to upland habitat creation within the buffer along the western perimeter of the project. The buffer area is to be pla.nted in native vegetation as a way of meeting the requirement to protect the 490 acres of habitat. Creating upland habitat should not be necessary on this project because of the abundance of native uplands prior to development. Allowing created habitat to count as upland preserve may result in a. loss of regional resources, 3. More infonnatíon on the cuttent 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 ex.isting native upland habitat should be provided on a recent high quality aerial photograph. This graphic should· identify an the na.tive upland areas that are being counted toward meeting the 490 acre requirement. l~/~jIL~~b lL:L~ ((LLL1'l1:/t;)( I ~ Kt:.\:IlUNI-\L t""LI-\NN11'l'WI t'"'H'WIt:. 11:1 . MTP Group, Inc. 72798 Forest Hill Boulevard Suite 303 Well/ngton. Florida 33414 Phone: (561) 79~067S Telsfe,,: (561) 795-0230 MEMORANDUM To: Michael J. Busha, AICP Treasure Coast Regional Planning Council Copy: peter Metritt, Ph.D. Treasure Coast Regional Planning Council From: Maria M. Tejera, P .E. MTP Group, Inc. Date: November 3, 2005 Subject: The Reserve DR! - NOpe Per your request, we have reviewed the following documents: · St Lucie County Resolution No. 04·081 (7th Amendment to Tbe Reserve DR!), · Letter dated 02117/05 from Anne M. Cox enclosing a copy of the City of Port St. Lucie Resolution 05-R09 (Amendment to The Reserve DR!). · Letter dated April 20, 2004 from Gustava Schmidt (FDOT - District 4).to Michael Busha regarding The Reserve DR! NOPC. · NOPC to The Reserve DR! dated July 2003. The proposed amendments include reduction of resIdential and industrial development as well 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 a.ppear 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 arterial analyses. However, it doesn't show the methodology useçi to develop these analyses. The traffic analysis fails to show how conditions of development can be deleted or revised based on the results of the study. The traffic analysis does not show how the land use conversion table was developed. There is no information indicating how thresholds for D.O. conditions i~/~~/L~~b iL:L~ /IL:¿:¿ic.¡t:Jb( I~ K~~iUNAL ~LANNiN~ t-'Al:í~ l~ Michael J. Busha, AICP November 3, 2005 The Reserve DR! - NOPC Page 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 roOT shows they had a substantial amount of comments (21) when they receíved tbe NOPC. It appears the applicant provided additional information which was then reviewed. by FDOT. All of FDOT'sconcerns were satisfied with one exemption. FDOT indícated Comm.erce Center Parkway should be widened to a four-Jane-divided cross-section from Reserve Boulevard to the industrial area. It is uncertain whether this condition is included in the amended development order. The Regional Planning Council sbould have received all informa.tion regarding this NOPC (e.g. a.dditioIlal analyses prepared to address FDOT'g comments). Please do not hesitate to give us a call should you have comments or questions regarding this project. C:\Dotumen\l and Seuinga\Mily\My Docummta\mtp\TCRPC\The Reserve NOPC 2003 Memo l.rtf 10/03/2006 12:20 7722214067 TC REGIONAL PLANNING PAGE 20 Exhibit C E-Mail, Exit Memorandum and DRl Nope Re-view Log from former DR! Coordinator for Council, Jim Snyder Not~: This paperwork 'provides additional confmna.tion a.bout the status of the' Reserve NOpe and that review time frames had been extended, but never concluded. 10/ß3/2006 12:20 7722214067 TC REGIDNAL PLANNING PAGE 21 Page 1 of2 From: jsnyder Usnyder@tcrpc.orgl Sent: Friday, January 09,2004 4:11 PM To: aill Cannell; mbllsha@tcrpC.org; thess@tCfPc.O¡g Subject: Re: NOpe To Reserve DRI ~ ' t.,"''''''''+.....d - ¿ t¡1~\:~.\. __ _.R;;_,..ol ,~~f ,?!_~ Y' I V I \)',7' /. <O[ If..-( # 1M.'") } ..---) ~ Ic.~r ø ~ f ('"Or.; ,.-¿ c...~ Stephanie Heidt Mr. Cannen: - You are correct in that a Notification of proposed Change was submitted to the .¡easure 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 final adoption of the land use amendment and DR! 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 1s transmitted. 1 look forward to any comments you may have co!'\ceming 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 DRI Coordinator Treasure Coast Regional Planning Council --- Original Message -- From: Bill eaJ')l1~lI To: mþ'!,I~)1a@tp1Pc.org ; j~Jlyd~r:.~tçrpc..Q[g : t!)~;:H?_@tCrp.ç"Q.rg Sent: Tuesday, January 06,2004 10:20 AM Subject: Re: NOPC To Reserve DRI To: TCRPC I would appreciate a response to my emaH (below) to you on 12./18/03 at your earliest convenience. Thank you very much. Bill Cannell Þ iJJ.ç;p n n ell@IJ)Jj.n....çom 772-468-7253 -- Original Message -- From: Bill Cannell Sent: Thursday. December 18, 2003 2:14 PM To: mbusha@tçrpc,org Subject: NOPC To Reserve DR! Dear Mr. Busha: I understand that a Notice of Proposed Change (NOPC) to the Reserve DR! 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 õt your earliest convenience. If the review has not been completed, could you please let me know so that I might offer comments for your consideration. 01'7 fÎ I., /Î()(.:; 10/03/2005 12:20 7722214057 TC REGIONAL PLANNING hank you very much for your assistance. Sincerely I Bill Cannell 8420 Muirfleld Way PGA Village Port St. Lucie, FL 34986 (772) 468-7253 CALL WAVE FAX: (775) 320-9019 (note area code) billcannel1@msn.com ....~ ," .. ..." . _........w........·-....·..·· Get more from the Web. FREE MSN Explorer downloëld : tl~p;.LL.§p~p-IQr.~r.\m.$n.co.m . ...- ---.,. .' _., .. .,.. .. ... .. ." ,., ...- ,. ... -...... . Get more from the Web. FREE MSN Explorer download : .h~p..:.LLe~J..PJ:fi.:.r..~ro_sJ\...ç.o.r:o 9/20/2006 PAGE 22 Page 2 of2 ......... . "...... ¡~f~~/~~~O ¡~;L~ { I ,{.,{.,{.J....uo / I ~ r;.~I:I¡UI'lI-1L.. rL..'-"""J.."1WI rl-1lW1¡;:' ~~ .. It e EXIT MEMORANDUM To: Micha.el Busha, E~e;utive Director From: Jim Snyder, DRI Coordina.tor Date: F ebrua.ry 27. 2004 Subject: Resignation Per your request, listed below are the items 1 am presently working on. their status and deadlmes, and the conta.ct person or persons concerning tha.t particular p!~ject. Local Government Comprehensive pJans We11ington 04-1 Draft The. proposed amendments include two FLUtvl ,amendments and text amendments to the Future :Land Use and Recreation and Open Space elements. The DCA notice states that comments a.re due by March 14,.2004. Letters have not been sent to Wellington or to DCA. A letter was sent by Palm Beach County stating that an objection has been £]ed with IP ARC concerning the FLUMamendment #2002-024 (The Commons of Wellington). The County has transporta.tion issues with the proposed amendmeIIt. Contacts: Caryn Gardner·Young - Villa.ge of Wellington (561) 753'-2430 Ku.rshid Mohyudclin - Palm Beach County " I have left the file on the ta.ble to the right of the door as you walk in my office. It is labeled. I have also left a.side of it a folder with all the clearinghouse notices a.nd pertinent letters concerning comprehensive plan amendments. A stack. of papers tha.t axe all rela.ted tQ small-scale amendments is on the small bookshelf in the back of the office and is la.beled as such. 10/~~/~~~b 12:2~ ULLL1'li:jb( 1~~~blUNAL ~LANN1Nb e Develop~ents ofRegional1mpac:t Waterway Villa.ge DR! e ~A(x' 24 The project is presently in its second round of sufficiency review. The applicant subrn.itted additional i1'lformation requested by the a.gencies on February 5, 2004. The a.gencies are reSponding to Council's request for comments and questions. I have received a.dditional information request from Maria Tejera, cOllcernmg traffic and I am expecting final comments and questions fi'01J1 FDO! by Monday 3/1104. The sufficiency response is due to the a.pplicant 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: Applica.nt Kerth Pelan - Kirrùey Home (772) 794-4035 Stm BoliDg - Indian River County (772) 567-8000 Ex:t: 1253 Rick Greene - Divosts. (561) 627-2118 Yvonne Ziel is the traffic consultant As you are aware, Council is to do a workshop on the Waterway V1llage DPJ a1: our March meeting. There are a number of enviromnental issues related to endangered and threatened species on site as wen as the tn.ffi.c issue and design issues a.ssociated 'WÌ.th the project. All files for the project are on the lar~er bookshe1fin my office. A copy of the complete ADA as well as the entire.file for the project should be there. Jupiter Falls DR! M. you know, the applicant has requested that Council's assessment report be postponed un1il they have a chance to £ill a revised ADA and go through sufficiency review again. My understanding from a source is that there is a recommendation tha.t they withdraw the application and start 'with a. new DR! once the comprehensive plat). a.mendment issues are resolved. I do not know if the applicant has agreed to this. ... The files are out by the carq files for the library. All files are there along with the 1illA. Contacts: Sam Shannon - TOWIl of Jupiter Da.ve Kemp - Town of Jupìter (561) 741-2452 Greg Kino - Boose Casey (561) 832-5900 Rocky Biby - Kirnley-Horne (772)794A040 ~~/~~/¿~~b ~L:L~ (( '¿'¿'¿~'H:JC ( I~ K~~~UN~L ~L~NN~N~ ~~~t:. :¿::J e e Scripps Projeèt 1 have received emails from Mary Helen Blakesley concerning a pre~a.pplìcation meeting for the expedited permìtting review process. The meeting is set for March 10,2004. 1 believe you were also emalled this informa.tion. 1 ha.d a meeting set up with Coll~en Walters of Kilday and Associates to discuss the project and the DRl time1ines. In our 'telephone cònverss:tion we discussed baving the DR1 pre~applicat1on the last week of March. The DRI 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 County, reviewing the application as it is being created and discussing concerns prior to final submittal to be sure the a.pplication is sufficìent. This is to avoid problems in meeting the 90~da.y review period tha.t will start upon formalsubmittal of the DR! application. The files I have a.re on the table to the right as you walk into my office. 'Tbis is all the iDformatiDn I ha~e at this time. Onoe the pre-application for the DR! is requested you will have to contact all the review agencies. A mailing list is on my computer under the folder name ITS. Contacts for the project are listed within the Scripps project folder. Notifications ofPrQPosed ChanRe Motorola DRI Tbe proposed chmges to the Motorola DR! delete the Industrial Use while adding more retail, office and residential. There were concerns brought up concerning traffic and the conversion ma.tr:Î:X. Additional information was provided by the applicant and FDOT is lDoking at the additional material and will provide comments by Monday March 1. 2004. Council staff had concerns with the way the co~version matrix was calculated. The applicant assumed that traffic was the worst case and aU conversion were based on traffic. , The a.dditional inforination provided 'by the a.pplicant continues this premise even though the da.ta and analysis provided for water/sewer seem in some instances to be more reStrictive. I have talked to Kim Glass Ca.stro 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 a.pplicants view on the conversion matrix Council may want to object the change. File is irlthe large filing ca.bÙ1et second drawer from the top. Look for £1e labeled Abacoa #18. Contacts: IGm Glass Castro - Ruden McClosky (561) 514-3442 Chon Wong - FDOT sic 436-4659 Lucia Galev - City of Boynton Beach (561) 742-6260 l~/~~/L~~b lL:L~ 11.£.£.£J.4t:Jbl I ~ t<l:.oJ.UI'II-\L t"'LI-\I'fNJ.No t"'1-\01:. Lb It e t Abacoa. The propos'ed cha.nge is number 18 and requests that the conversion matri.,,< for the project be increased from a maximum of 50% to 80% for converting research and industrial to offi,ce because they have roet the maximum and need addition conversion space. The applicant proposes.the change to the development order condition but there is no data and analysis to ;ba.ck it up. A letter 1:0 the Town of Jupiter is due out by March 5, 2004 if Council plans to object. Discussed with Dick Post at DCA and they are ready to back up our objection . File is in the large fùing cabinfrt second drawer from the top. Look for :fi1e labeled Abacaa. #18. Contact: John Corbett (561) 586-7116 Dave Kernp- Town ofJupiter (561) 741~2452 \~ "?\ The Reserve This NOPC has revisiQns to the plan of development. which requires a comprehensive plan amendment to the City of Port St. Lucie's comprehensive plan. At this time the proposed change application ha.s been extended until the comprehctls1ve plan amendment can be a.ddressed. There is a letter fromFDOT concerning the proposed change that has been forwarded to the applicant. Contacts:. Debbie Orshefsky (954) 768-8234 File.is on the table to the right ~ you walk into the office and is labelled. Boca Rat-on Downtown DRI Council staff has had several meetings with the City of Boca R.aton· on the traffic rnethodology to be used for t'he proposed changes to the project. At tlùs time the City has not subroitted the proposed changes, Maria Tejera has rePresented Councll during these meetings to come to an agreement on the traffic methodology. .... Contacts: Doug Holdener - Kimley Horne (561) 845-0665 Chon Wong - sic 436-4659 Doug Hess - City of Boca Raton Files are on the table to the right as yoµ walk in the q:fftP,~,~ are la.beled. .10/03/2Ø06 12:20 7722214067 TC REGIONAL PLANNING PAGE 27 \, e· e St. Lucie West and Gra.nd Harbor should be filing notifications of proposed change in the not to distant future. Letters concerning the Grand Harbor DRI are on the large bO,okshelf and are labeled. This documents shou1d be included in the file. Rcvievv dates and deadli:nes are kept in the notebook that is on my desk. All NOPCs, AD~ a.nd Dos that arc received are logged into this notebook 1:0 keep a. running record of the dates and deadlines and to be used for filing out the quarterly report! Annual Reports On the black computer disk labeled a.nnual reports is a list of annua.! reports and when they were rece1ved and reviewed. This informa.tion is again to help in filing out the DFJ status report for the approved r¿RIS in the region, which is attacbed to the quarterly report. The DR! status report is in the computer under DR! docs. There is a sta.ck of 8.I'\Ilual reports on the'large bookshe1f, bottom shelf. Most of these have been reviewed. there is just no :room in the IDes to'file them. Only those that are not on the list in the computer disk have not been reviewed. All a.ctive NOPC files are in the big file cabi11et in the second drawer. Those that have been completed and are rea.dy to be filed are in the third drawer. This should be ail the information you need to proceed with the work that I have recently been domg for b.oth comprehensive plans and developments of regional impact, .. 10/03/2006 12:20 77222141351 TC REGIONAL PLANNIN5 PAGE 28 DR! Notifica.tiof1 of proposed ChSl\ge Review Deadlines Treasure Coast Regional Planning Council . ( .yt.''¡'~ ~\\\ ~ --- c Ie.. Ok. \.( \ ~'Iû) ~s~)~~ ð ~ \~ìCi3 O\t... \\\c:s tev-J H (I~(P. Ct./ "J, ~" 10.. ' . ''ì.. t) t-"(."\i\ :.o;,.è,': ì , If ~ £ 1'2. 'r, .1i f i~ 1_c....,..t...~T'f I',,:, v-' 1 i.."t.l. r ,i '~ ' "'~. ,I '. \.' \.;1 í ,I,', . ,. 'y~' \.. t. . ,,,,\ O\c.. 2. 2.7 (CJt{ 'y\(~\\:~"~~,,¡ G,.·=..;·\ , ~~ PI'IJ o:..,,-\, '" I ,/ J. ::>/ ~:;;./o~ '3; /...,.... ~' . LI . .....,./ (..-: R~ ·.¡c, ~C·tt,"I~J ~_.". ~!.~. ' ,I. ~:"'.:'(... i.~1J (:) 4-(1.r¡/~ ,', . l . ,:;¡f:...., .r;:)~. ..~.~~ .. c-4 V ·1' V ,.. I ~ " \.:::'>:'1,:,,,,,,,-,, \ 114\1,.,:::" ï 10/03/2005 12:20 7722214067 TC REGIONAL PLANNING PAGE 29 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 ìncluded a place for the date declaring ~ the Council advised the County "in writing:" that the proposed changes would not create significant regional impacts. The adopted version deletes the date and "advised in writing" references. The removàl of these references suggest the developer had no paperwork or documented comments from the Council to support the Findings of Fact which state that Council advised the County that it had reviewed the NOPC and determined. that the proposed changes would not create significant regional impacts. I ~ ....._+.. f~Î' I .. . ..,.j ~........." C" -' .....:., ! (fD' "'arft 0 0'l2o.Hl3 I . 0, ~u $l~"'-t.~ ~' .f. ø.:.: f l~/~~/L~~b lL:L~ ( (¿L¿l 'It:Jb ( Il; 1'<t:.~lUNI-\L t"'LI-\I'II'I11~\.:I (~ 0 d! ( DO ./ Ùr . -: ;"."" .', ~.... ¡ l1 ~ 1If¡ It'q H <....tL ...J.-r ."...t I I 1"\ 1) e-. -t-r:.. Ï"")".. ,t.:" .;",." r rt.~. - c. On October 21. 1988, the Treasure Coast Regional P1anning Council issued a report and recommendations on this development pl'lI'SU8D.t to Chapter 380.06(12)(a), Florida Statutes. D. On August 25, 1995 the Treasure Coast Regional Plarining Council issued a report and recommendations on the Notiñcation of Proposed Change to a :previously Approved De'Velopment of Regional Impact (The Reserve) pursuant to Chapter 380.06(12)(a), Florida Statutes. E. On June 4, 1998 the Treasure Coast Regional Planning Council issued a report and recommends,tions òn the Notification of Proposed Change to a Previously Approved Developxnent of Regionallmpact (The Reserve), filed May 5~ 1998 pursuant to Chapter 380.06(l2)(a), Florida Statutes, and dctetIIlÌDed that the proposed changes to the Final De'Velopment Order for the Reserve would not constitute a substantial. deviation to the previously approved Development Order. .~ . 20Ò3. the Treasure CClast Rei.ipnal PlanmnQ: Council advised the City in ·tinº' that it had rev.iewed the Notification of Prouosed Chanlte to a PTeviouslv ~~ed DeveloDment of Re¡rional Imnact for:tl1e Reserve DR!. filed .2003. ;;=-:~t: Chat1t.er 380.06(9)(1)(4), Florida Statutes and determined that the U!O'Dosed L ~ _ _ ~ the FWal Develonme~t Order fOI_ the Reserve, DR! would notg'eat~ sÎlmmcant remonal j,¡p.uacts not meviouslv reviewed. L G. The proposed Development is.consistent 'With the local comprehensive plan, development laws and regulations of St Lucie County~ K ~øve1oner has ~brnitted a comorehensive ,µr aua.1i~muuter modelin~ studv whiçh e~o~es that State and· federal air mm1itv mndaros have been met and wbj.ch does ~;tiden1:ify any exceedances reauirin~ carbon monoxide monitorinø- Clrabaternent. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 8t. Lucie County, Florida: A. That in a public meeting, duly constituted and assembled this _ dav of . 2003. ~tII åe:y af August, 1998 4th Resolution 98 100 ===' which amends Resolution 98-:100. 97-023 (as corrected by Resolution 98-086) which 8IIlénded Resolution No. 95-195, which amended Resolution No. 93-125, which amended Resolution No. 93-061, which amended Resolution No. 91~228, vvhich amends Resolution No. .89-73, which amended Resolµtion No. 88-357 granting Development Order Approval to the Development of Regionallmpact known as The Reserve, is hereby APPROVED subject to the following conditions, restrictions and limitmions: ' APPLICATION FOR DEVELOPMENT APPROVAL \\ftJ.snOIIMAUSCl'Ol O2:1Y11$\11I.J'1!JSI.DOC\II.!0I!l3"5051.01 0:100 5 t"'1-\\.:It. .; ~ , Þ,,; ·n ~.< \{'.' c.j .. ~ 110.. .... .... ~ ,. . 1..._ . ",' ~.~ ..,. 1,", WI'I t-(..... L.... 1- ' ..,.- ".. ! j I I ¡ : ~ 7722214067 TC REGIONAL PLANNING PAGE 31 \A J-' 't1..t...: r" wr f I I'" d ¿ ,-f¡ ,,(- ""'t 1,.; 10/03/2006 12:20 " i ~\.,.\ <. ' .,' . '1 ';~t ..' ( . ¡ .:. <-, t, I I.. ,w ,.-! ..¡ I I "~__,,,,, Co- ó(" f".. C) r J '- tI>-' r>o. . '\ c:.r )..i.- ,_",f~. C'J"-t..-L ( N..!/U 0... ¿v \ t:,~L ' +k c (c..u" '" ..........-- 1 2 3 4 S A. 6 7 B. 8 9 c. 10 11 D. 12 13 14 15 E. 16 17 18 19 20 21 F. 22 23 24 25 26 G. 27 28 H. 29 30 31 32 31. 0' f t d h d d d 0 d r I r .,,;) ,r-. VJ r ',-r-:: #\' , ( ,'J I' The Beard of County Commissioners continues with the following amended FINDINGS c FACT and CONCLUSIONS of L.AW with regard to the Application for Developme.n Approval as cited in Resolution 69-73: I\~ . .. V . .........q!\ \,~ , AMENDED FINDINGS OF FACT \ The proposed Development is not in nn area of Critical StaTe 'Concern o.s designate pursuant to the provisions of Chapter 380.06, Florida Statwtes. The State of Florida has not adopted a land develoþment plan applicable to the area in whic the proposed De.velopment is to be. located. On October' 21. 1988, the TreC1SLjl"'e Coast Regional Planning Council issued a report an recommendations on this develoþment pursuant to Chapter 380.06(12)(0), Florida Statutes. On August 25, 1995 the Treasure Coast Regional Plot\ning Council issue.d a report an recomm.endations on thè Notification of Proposed Change to. a Previously Appro....e. De....e\opme.r1t of Regional Impact (The. Reserve) þLlrsuant to Chapte.r 380.06(12)(a), Florid StatuteS. On June 4, 1998 the Treasure Coast Regioncll Planning Council issued Q reþort an recomme.ndations on the Notificntion of Proposed Change to Q Previously Aþproved Develoþ/'nent of Regional Impact (The Reserve), filed May 5, 199B pursuant to ChaptE~ 380.06(12)(0), Florida StatLjtes, and determined that the þroposed changes to the Fino Development Order for the Reserve. would not constitute a substantial deviation to the. . . previously approved Deve.lopment Order. The Treasur~ Coast Beaional Plann;na Cou!;1c:i1 advised the Countv that it had .rev;ew&d the ~~~~:t;en ef Ere.eud Chana~ te a Prevla.slv ~~.re~ed DeveleÞment sf Rea,e""1 ImDact r ' R~e.1"Y£ DRI. file.d Auaust 2003 ~urs~nt to Cha~ter 380r96(19)(f)(4). Florida ~at~t~s and determined that the. proDose.d chanoes to the final De.ï.e.loDment Order for ;the Reserve DRr ."V0u1d noj~recte sjonificant ~gjonal irnDOcts not previouslv review.e.å.. The proposed Development is consistent with the local comprehensive plan, d~velopme.nt laws and regulations of St.l.ucie County. As þ~rt of the seventh amendment t9 the previouslv cccl"'oved Deve.IDÞment of Re~ipna Imoa t Kno~ as The Reserve it is ackno~ledoed that the devejpcer has sLjbmitted a ~ombT'$benSiVe air Dualitv computer. modelino study that d~ml';mstrate5 that Stote. and cde.~aJ air oualitv st;dards hCI.'Le been met and which does....!)ot identify anv e~!=eedar'\C:es reouirinc carbon monoxide monitoring or abatement· 33 I, In th~~eve.nth amendwent to the oreviouslv po~roved DeveloDme:nt of Reoìonal rmDact 34 know~ as The Reserve :filed on . Aueust 22 2003. Beserve Homes Ltd.. L P.. J¡;¡cluded Q 35 Drooogol to alI fonc¡f the master site. clan for the Reserve DR! to include C a,M,Jeral curDose I&t.fú"'htr.!r\3:n~7hD:rl9rl!"02 ,DOOI III4ION'OS 011000 ~!lolu" on No: 04-081 Final ^pril ZO, Z004 ~Qge 5 .D.øµbl~ Underline iJ: for addition étrille Thl"e~§k Is for dt.ll!.tion BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMEN1 November 29, 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 pertaining 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 protection, 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 9S 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-OtT Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hellring on the petition will be held at 6:00 P.M., or as soon theretlfter as possible, on Monday, December 11, 2006, County Commissioner's Chambers, St. Lucie County AdministraJion Building Anna, 2300 Virginia Avenue, Fort Pierce, FloridJl. 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 HlJT(,I-nl~.SON, 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 z~ ~ -j ~ : ¡ Q) 0 F 0 4¡SZ S ~ , " '" ."." ',,-- ---~ --. -.-........ ....- rJ) ~ '" ........ 'Ä ~ s n ~ ~ ~ .<1> Ü ;:, /' -1 "C -..> CI)- 1:: m sú{\s o I 0- ....___oj a,\-'¡ò /..J'--':/'/ e v_...~.."'···- .....",............- X\0(,. -.-/ /.~ a. ~ ~c:J --...--.,- // v":......·-·......·-· ...../.~. ..-- /'~ _--------- \, ~\':tç\-~ t"'te\ ~\Q--~----.- \¿..~-,-'---., \\-0 . \.t:. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA DECEMBER 11, 2006 Nolice is hereby_given that in accordance with applicable law. \he Sl Lucie County BoaId of County CommissionerS intends \0 consider amendIng or rescinding Resolution No, 04.œ1 pertaJning \0 \he Ff1aI Development Order lor \he Dewlcpment of RegicnelImpeclIcnoWn as The Reseve effecting \he toIIowing desaibed property: A PARCEL OF lAND lYING IN SECTIONS 14.15.16.21,2223.26. 7:1, 28. 34 AND 35, TOWNSHIP 36 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED /oS FOU.OWS: . BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 88.DEGREES 23'28" EAST. ALONG THE SOUTH UNE OF SAID SECTION 15, It DISTANCE OF 812.97 FEET 10 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, FLQR1~~ NORTH 44 DEGREES 48'OT EAST, ALONG THE WESTERlY UNE OF SAID PARCEL OF lAND..A DISTANCE OF 1393J12 FEET 10 THE POINT OF "'I:J'IþO"ourt WITH THE WESTERlY LINE OF THE PlAT OF G. O. TEAM INDUSTRIAL PARK _ UNIT ONE, /oS nECORDED IN PlAT BOOK 23. ~E 31,I'\BJC RECORDS OF ST. LUCIE COUNTY, FlORIOA; THENCE NOfm\EASTERLY ALONG THE WESTERlY LINE OF SAID PlAT OF G. O. TEAIIIINDUSTRIAL PARK UNIT ONE THE FOLLOWING OOURSES AND DISTANCES: NORTH 45 DEGREES 13'33" WEST, 86O.D3 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT.QF-WAY UNE Of THE FlORIDA EAST COAST RAILWAY; THENCE NORTH 44 DEGREES 45'58" EAST ALONG SAID EASTERLY RIGHT-of-WAY LIN~ DISTANCE OF 120.00 FEET; THENCE SOUTH 45 DEGREES ~~=~~~~~~=~~~lMo~~JM~OF~.~~~I~YUNEOFAFLORIDIt ~~~ge:.e~y~~~UN~=r4W::'~.v£e~rFEËT~rU"~~~=.t:~ 29'01' ~~ISTANCEOF 574.47 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF SAID SECTION 1~BEING THE WESTERlY UNE OF THE PLAT OF ......, ST. LUCIE SECTION FORTY FOUR. /oS RECORDED IN PlAT BOOK·'6, PAGE 23, PUBLIC RECORDS OF .... LUCIE COUNTY. FLORIDA; THENCE sot1TH 88 DEGREES 29'01' EAST. ALONG THE NORTHERlY UNE OF SAID PlAT OF PORT ST. LUCIE SECTION FORTY FOUR, A DISTANCE OF 112.97 FEET TO &'i,~~~~==~,m:J..^B~~yomr~~~~~J~':&~~T'fNl:~J ~~~~~~ßf~~~~E~~~~~~9~~F~~~~IN~~ RECORDED IN OFFièiÃl RECORDS BOOK 117. PAGE 504. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00 DEGREES 00'1S- WES'1:ë AlONG THE WESTERlY LINE OF SAID FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 5305.53 FEET TO THE POINT OF INTERSECTION WITH TH NORTH LINE OF SAID SECTION 26: THENCE SOUTH 00 DEGREES IlO'02" EAST ALONG THE WESTERlY UNE OF A R-ORIDA POWER AND LIGHT EASEMENT RECORDED IN OFRCIAL RECORDS BOOKV'I::~ 199, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A DISTANCE OF 2,1!118.15 TO THE POINT OF INTERSECTION WITH THE PROPOSED Y RIGHT-oF·WAY LINE OF THE PROPOSED HIS 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' 5T EAST WITH It RADIUS OF 800.50 FEET: THENCE SOUTHWESTERly ALONG THE ARC OF SAID CURVE. A DISTANCE OF 176.71 FEET. THROUGH A CENTRAL ANGLE OF 16 DEGREES 15'3T; THENCE SOUTH 51 DEGREES OO'4( ' WEST. 482.08 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING It RADIUS OF 621.42 FEET... TIiENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 418.77 FEET THROUGH A CENTRAL ANGLE OF 38 DEGREES 25'311"; THENCt: SOUTH 20 DEGREES 35'02' WEST. 532.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST. HAVING It RADIUS OF 131.110 FEET. THENCE SOUTHWESTERly ALONG THE ARC OF SAID CURVE 148.35 FEET. THROUGH A CENTRAL ANGLE OF 65 DEGREES 19'11'; THENCE SOUTH 65 DEGREES 54'13 "WES1: 386.39 FEET; THENCE SOUTH 05 DEGREES 56'06" EAST, 64.11 FEET; THENCE SOUTH 88 DEGREES 54'13" WEST. 3110.01 FEET; THENCE SOUTH 00 DEGRËËS 05'4T ~~40.00 SOUTH 05 DEGREES 48'23" WEST. 64.11 FEET; THENCE SOUTH 16 DEGREES 05'4T EAST, 960.95 FEET TO A POINT OF CURVATURE OF A CURVE <AJftCAVE 10 THE SOUTHWEST HAVING A RADIUS OF IlOO.50 FEET: THENCE SOUTHEASTERlY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1126.00 FEET THROUGH A CENTRAL ANGLE OF 59 DEGREES 43'~.....1!? A POIÑT OF COMPOUND CURVA1URE OF It CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 1295.110 FEET; THENCE SOUTHEASTERLY I\L.UN\> THE ARC OF SAID CURVE. A DISTANCE OF BlUM FEET THROUGH A CENTRAL ANGlE OF 02 DEGREES 311'23" TO THE POINT OF INTERSECTION WITH THE WESTERlY I.J'I'E OF A FLORIDA POWER AND ~~~~J:'~~~~r::\f~.~cfir~~~~~-nl'Jl= LINE OF A FLORIDA POWER AND UGHTEASBIENT RECORDED IN OFFICIAL RECORD BOOK 4811, PAGE æI1T, THE FOUOWING COURSES AND DISTANCES: THENCE SOUTH 00 DEGREES 35'29' EAST. 1l14li.11 FEET; THENCE SOUTH OIl DEGREES 37'22" WESt 631.95 FEET; THENCE SOUTH 12 DEGREES 26'OT WEST. 640.99 FEET; THENCE SOUTH 19 DEGREES 26'311" WEST. 683.65 FEET; THENCE SOUTH 79 i:ieGRËËS 27'56" WEST. 55.51 FEET; THENCE SOUTH 10 DEGREES 32'03' EAST, 50.00 FEET; TIiENCE NORTH 79 DEGREES zr 5&" EAST. 5U9 FEET; THENCE SOUTH 40 DEGREES 32'32" EAST, 148.64 FEET; =~~m~=~~~1~~~~~¿~~w&Df~~~~j:~~r~;~c~=~ OT10' 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 475.88 FEET; THENCE SOUTH 81 DEGREES 51'31' WEST, A DISTANCE OF 166.61 FEET; THENCE NORTH 66 DEGREES 42'00" WEST. A DISTANCE OF 79.81 FEET; THENCE NORTH 43 DEGREES 42'56" WEST. A DISTANCE OF 2426.68 FEET; THENCE NORTH 44 DEGREES 56'IM' WEST. A DISTANCE OF 1054.01 FEET; THENCE NORTH 44 DEGREES Ii1'33" WEST. A DISTANCE OF 838.86 FEET TO A POINT OF INTERSECTION WITH THE EASTERlY PROLONGATION OF THE SOUTHERlY UNE OF THE PlAT OF 5ABAL CREEK PHASE IV. RECORDED IN PlAT BOOK~! PAGES 17 AND 17A. PUBLIC RECORDS OF SAID ST. LUCIE COUNTY' THENCE NORTH 43 DEGREES 18'40" WEST ALONG SAID EASTERLY PROt.ONGATION....D SAID SOUTHERlY LINE, A DISTANCE OF 1026.67 FEET; THENCË NORTH 43 DEGREES 34'96" WEST ALONG SItID SOUTHERLY lINE AND THE SOUTHERLY LINE OF THE PlAT OF 5ABAL CREEK PHASE II RECORDED IN PlAT BOOK 24. PAGES ,. IA TH'!!!.tS PUBlIC RECORDS OF SAID ST. LUCIE COUNTY AND THE WESTERlY PROLONGATION OF SAID SòüñièÄi.v UNE. A DISTANCE OF 5393.03 FEET TO THE t"UII'Il OF INTERSECTION WITH THE EASTERlY RIGHT-oF-WAY LINE OF THE FLORIDA EAST COAST RAIlWAY; THENCE NORTH 44 DEGREES 45'311" EAST. ALONG THE EASTERLY RIGHT.QF.WAY lINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 6.141.48 FEET TO THE POINT Of ~~~1~~~EWirff~~~~=~EDJ~~~~¡¡"'~~~5J~J.~.~ SECTION 15. It Con1aining 2,680 AcnIs More or Less. Location: Generally on !he West side c( Jn18rsIBIø 95 on !he nor1h ønd 80UIh sides of ReAMI Boulevard, bounded on !he IIWhwœt by !he C-24 Canal and on 1Iie nOf1hweSI by GIIKIes CuI.QII Road. --' . // !!~J~ ~ "" --...:::--- _....~./-/--~~," - .'.r>' ='. ~l'~!i!r 'Î\~~~ 1 ,........'-..4 "'1:"""./ . '-'¡; y: J~'~_¥"J. ~.:.?t \, / I I' j ,<,.i .// " "\ 0/1. , /, . t~Í- ~ -:.~ ~;~:.~~~11 The purpœe 01.... pubic ~ is to 'mside"."......IO"""-O or IIIICind FIe8cifion No. 04-œ1.æ· t> Ihe Final Ce\IekIpmenI Ordorlorlhe ~ of ReQionaIImpact known as The Reseve. Counly sI8IIlS ,...o.I,,,e,ÚI1!I 1ha11he BaIrd adcpI ~ No. 0&-316. wtW:t1. . would CDI18CI taduall1IICCIJnIdes i1 RescIuIian No.()4.{ffI and adopI arrecIi\/e IangUll!!" 8UQQ8SIed b\' 1he TI8IISU8 CœIi RegionøI PIIInring Co:rd ~ 10 iBoueS IhaI upland proIIIction. reaøaIiIJ18I aneniIias. - praeaion enddeslrudion. ~ moniIor'I1g añiI.- piIr1 R1III' :Ii1g. The BœriI may oonsider oIher _ pertar1in¡! 10 1he deveIopmeIt ader. i1dLöng but not IimiIød t> whelher1he dewIoper is i1 ~ WIll .... deIIeIopment aœr.1hal1he BoIrd may wish 10 discuss. The tile 0I1he ~ I88OIúiOO is IS Iciows: RESOLUTION NO. 06-316 A RE5OlIß1ONAMENDING RESOLl1I1ON NO. ()oHlin. WHICH RESOLUTION AMENDED RESOLlßlONS 119-73, 91-226.113-061.113-125 95-195. 97.023, 97.Q861111U1i::111Q. APPROVING A CORRECTED SE1/ENIlI AMENDMENT TO THE AMENDED DEVELOPMENT 0RDEJi TO THE DEVE1.DPMENTOF REGIONAL IMPACT KNOWN /oS THERESER\IE A PUBLIC HEARING 00 tis issue wi be held be!onI1he Sl Lucie Courty BoIrd oI~c..,.,oiIIaiool8!S 00 1.1ondav. December 11. 2006. 1116:00 p.m. or as soon Ihere8IteI as pœsiJIe i1.... County Cam1ission 01amberS. a-d IcJor 0I1he Courty ~ -. 2300 Vigi1e AIIeruI, Fat Pierœ, RcriIa. MaIlers aIIøcIíng yoor perscnallI1d property r9>Is may be heIÍd ¡n ectad upon. AU inIere*j pøn!OI1S are irMIed 10 -'d and be t.W. WriIIen CXIII'IIØá I1ICIIÍ\Ied i1 ødvanœ 0I1he pubic hearing wi also be heerd and shoIJd be ieœiYed b\' \he GroOII1h Manegemen! DeparIr11enI_ f'Ørirç Division at 1eas13days prior t> Ihe sc:hecüId œ.tng. Copies 0I1he propœed resaution .... avaiebIe lor _ i11he oIIice of Ihe GrowIh Mø1ogemer1I Direct>r, Sl Lucie County ~ Bui1dirg. 2300 VIIginia Avenue Fat Pierœ Florida ::;gduin9 IIIQLÙI' busineSS hours. PIeue cal7721462-2822 W you haIIe IJtI'f que&IicnS or NqLire IKIdiIioneI i1IcomeIicn. ArnencInøU to Ihe proposed resolution may bè made at the public The D/IX&dinQs 0I1he Board 01 County CoImiBsionIIIS are eIecIronicaIv røarded. "I, RSIJANTTO -- ~.D105 Florida SIaIuIes ~ apenoon decides \0 appeal Bl'I decision made by IIie Board of Counly Corm1is6ionerS ..., røspect t> IJtI'f ~ consiáer8d 81 a.-.g or œ.tng. he or &he wi! ~ a rIICXIId of 1he prcœedirçs. For su;:h p¡.rpose. he or she may ~ t> ensue IhaI a wrbaIim rIICXIId of Ihe prœøecings IS m&de. v.tich rIICXIId indudes Ihe -.o.v !rid evöence upon v.tich 1he appeal is t> be tIøsed, Upon \he .....,s of IJtI'f pony \0 .... croceedi>Q, individualS IeSIiIying during e hailing wi be ~ it IVry pony 10 1he ~ wi! be p1Ied an opøoI1UriIy t> aœHIUII1ir1e IJtI'f individual testifying during a hearing upon Ì8queS1. If. Þecorn8S nec:essory. a pubicllellig maybe corØuId tram......1O lime IS may be nec:essory 10 adateœl1ain. AA(me wiIh e äsabIitv IÐQIJii1a .......,. ,..œIiOI , II! end this meeIi1g should oortaCI1he S\. Lucie County CormuiIy Services DinIckJr at leaslloI\y-eighI (48) hours prior t> Ihe meeIi1g at772J 482.1777 orT.DD. 7721462-1428. This notice dated and ( Q*'< tis 31st d8y 01 0cI0ber. 2006, BOARD OF COUNTY COMMI551ONERS ST. LLCIE OOUNTY. FLORIDA /5/DOUG OONAAD. CHA1RMAN PUBU5H DAlE: DECEMBER 1.2006 i I ~.. ~:!~....~'......