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HomeMy WebLinkAboutPublic Hearing Minutes 01-17-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA THE RESERVE DRI PUBLIC HEARING Date: January 17, 2007 Convened: 6:00 p.m. Adjourned: 7:00 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1.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. 06316, and render resolutions simultaneously to the Florida Department of Community Affairs and all other statutorily mandated agencies. The Chairman advised everyone that the parties have come to an agreement. The County Attorney outlined the issues. Upland Preservation/ Park and Recreation amenities Upland Preservation- At the last meeting the attorney alluded to the Legacy golf course and that it should not be considered part of the Development order . The Legacy golf course has been deleted from the development order in the settlement process. Result: 37.5 acres will be subtracted from the 490 acres. Elimination of the proposed 125 acres of the microsited areas from the development order and eliminating those restrictions is being proposed as requested by the residents. 327.5 acres is the new upland acreage. The Environmental Director reviewed the upland habitat that is protected. 343.2 acre is protected habitat within the city and the county combination it does not include the Legacy and the microsited areas. There were issues about the parks. In the original development order there were 4- 2acres parks required. There were two park sites everyone previously agreed on at the last meeting and they were The Island Club and Entry Park on the west side of the sub division but there was not an agreement on the other two sites. Since that meeting, proposed Preserve Park 2 acres at the northern part of the development and also the proposed madestone park also 2 acres also north of the proposed development. The addition of those two parks, they believe the developer has complied with the prevision of development order that pre-dated the changes that were made in 2004. They have discussed this with the Director of the Regional Planning Council, Michael Busha, he received a letter from him that read the following: Dear Dan: Council has reviewed the revised settlement agreement for the Reserve DRI dated January 12th, Counsel will not oppose or object to this agreement in settling the Reserve Development issues. The County Attorney addressed the settlement agreement changes: Page 2, whereas clause, strike the word “consider” and replace it with “determine”. Page 3, add a new whereas clause: Whereas Reserve Homes has agreed to turnover the Home Owners Association in accordance with the terms outlined in the letter attached as exhibit K. Page 4, little d- ii where it says new more ledgeable map h insert (master site plan) Page 6 paragraph 4 (8 lines down) , (not less than 93 acres, strike and put approximately 92 acres, also further down, strike words “neither own nor”, and place “not” to read (not developed by Reserve homes). Page 7 ( a) five lines down, put word “alleged” before residential and strike last three words of that sentence and place the word “ is located”. The next line also put word alleged and (unintelligible word) would allege before residential. 3 lines up from bottom, stop sentence after acreage place a period after the word strike the words “ under any recorded restrictions with respect thereto “. Page 8, five lines up from bottom, strike the words “ to map c “ and the word c and insert the word “as” for clarification purposes. Page 13, after exhibit a, copy of the amended development order, insert Resolution No. 04-081. Page 14 a the top exhibit B-1 srtike map c and put in “ table of all native upland habitat in the Reserve DRI “. Also add exhibit K under J a letter from Reserve Homes to the Presidents of each sub association in PGA Village. This letter relates to the turnover of the Homeowners Association. He believed these are the changes to the agreement. With regard to the micro sited area, he recommended the county write a letter to the PGA Property Owners Association Inc. to the affect the county will not require the association to enforce restrictions on micrositing, and will not object to eliminating those restrictions from the Homeowners governing documents. This was recommended by Special Counsel and the County Attorney. Staff recommends the Board approve the settlement agreement as amended with the attached letter as outlined. The Chairman asked the Environmental Director if they agreed with settlement agreement as outlined. Ms. Bessey stated she and her staff were comfortable with the acreage as outlined in the agreement. Dr. Mark Edwards, Reserve, addressed the Board and expressed their appreciation in reaching a settlement agreement with all parties. Ms. Pam Hammer, Reserve stated additional items agreed upon were, there would be a 50 ft. buffer along the back of the property adjoining the industrial area. Also the 1500- 8 ft. pine trees to be placed along the perimeter on the east side. Ms. Hammer thanked staff primarily the Environmental Director. Ms. Evelyn Lane, President PGA Homeowners Association addressed the Board regarding the commercial aspect of the development order and hoped it could now move forward. Mr. John Csapo, Kolter addressed the Board and thanked the County staff for all their efforts in making this possible today. The Chairman thanked PORI, PGA Group and Kolter for willing to work with the community. It was moved by Com. Grande, seconded by Com. Lewis to approve County Attorney’s recommendations for settlement, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. __________________ Chairman ___________________ Clerk of Circuit Court