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HomeMy WebLinkAboutCallaway Land & Cattle Co (10)BOARD OF COUNTY COMMiSSIONeRS June 12, 1989 D6V6LOPM( NT DIRECTOR TERRY L. ViRTA Karner & Associates Agent for Callaway Land & 2162 Reserve Park Trace Port St. Lucie, FL 34986 Cattle Co., Inc. Dear Mrs. Karner: This letter is to confirm that on May 23, 1989, the St. Lucie CounTy Board of County Commissioners granted the petition of Callaway Land and Cattle Co., Inc~ for a change in zoning from AR-1 (Agricultural, Residential 1 du/ac)_ to CG (Commercial, General) for property located in the northwest quadrant of the intersection of 1-95 and Prima Vista Boulevard. information.A copy of recorded Resolution No. 89-120 is enclosed for your Sincerely, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY~ FLORIDA Judy Culpepper, Chairman dcm Enclosure HAYER[ _ FENN Distr,:r NO ~ ~ JUDY CULPEPPEIR DistnCtcour..yNO 2 Adm~nis;roror ® JACK KRIEGER._ WELDoNDiStncF NOBE3LEWiSe R. DALE TREFELNER Disrnct NO. 4 ~ JIM M/NIX. District No. 5 2300 Virginia Avenue e Fort Pierce, FL 34982-5652 Director: (407) 468~ 1590 e Building: (407) 468-1553 e Planning: (407) 468-1576 Zoning: (407) 468-1553 e Code Enforcement: ('407) 468-1571 RESOLUTION NO. 89- FILE NO.: RZ-89-017 RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTy, FLORIDA WHEREAS, the Board of County Commissioners of St. County~ Florida~ has made the following determinations: Lucie i. Callaway Land Cattle Company presented a petition for a change in'zoning from AR-/ (Agricultural ~eSidential 1 du/ac) to CG (Commercial General) for the property described below. 2. The St. Lucie County Planning and ZOning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (500~) of the subject property, and has recommended t~hat the Board ~ the hereinafter described request for change in Zoning classificaEion from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General) for the property described, below. 3. On May 23rd, 1989, this Board held a public hearing on the petition, after PUblishing a notice of such hearing in the For~ Pierce News Tribune on May 3, 1989, and notifying by mai! all owners of property within 500 feet Qf tho. subject property. 4. The proposed zoning change is consistent: .~? with the St. Lucie County Of Growth Management Policy Plan and has satisfied the standards review set out in Section 5..3.'~00 of the St. Lu¢ie County Zoning Ordinance. [J R Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 23rd day of May, 1989. BOARD OF couNTY C ' ' OMMI_ S ST. LUCI E ~~'~'~' -~ , ,,~.~ ~ .- ... ,... ~ .: ~,.~ .... , . .-.. ..... , . ~OR~CTNESS:, COUN~: ~O~EY / 89-120 REZONE(b) OOK ~ ;ONTA!NiNG 30.82 ACRES MORE OR LESS RIG}{T-OF-WAy LINE OF THE PROPOSED EXTENSION oF 'LEGEND~-DRIVE' AN 80 FOOT INGRESS AND EGRESS RIGHT-6F-WAy; . . THENCE, DEPARTING SAID NORTHERLY RIGHT-OF- . . ~OULEVARD'~ NOR_T~HE~ASTERL¥ AL~,~ ~ .... ~__ ~AY OF THE PROPOSED ' ~LEGENDS DRIVE'~~,~,, ~__~_~___~OPOSED EASTERLY RIOHT OF WAY LINE RVE~ CURVE CONCAVE TO THE SOUTHEAST,. HAVING A RADIUS OF "812o04 F-EETI T~{ENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET, THROUGH A CENTRAL ANGLE OF 40:~I,O4, TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE 'TO 'THE. NORTHWEST HAVING A RADIUS OF 6!1.85 FEET;-2H~NCE~ NORTHEASTERLY ALONG ~HE ARC OF SAiD CURVE A DIS?ANCE OF 272.57 FEET, THROUGH~ A CENTRAL-AN~LE OF 25~3!'$0,; THENCE NORTH 66'54'39~ EAST, 405,g$ FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,' .HAVING A RADIUS OF 7g$,00 FEET; THENCE NORTHEASTERLY ALONG THE A~C OF SAID CURV~ A DISTANCE OF g49.,49 FEET, THROUGh{ A 'CENTRAL ANGLE OF 19~26~$$,.; THENCE NORT~ 86~21,S3, ~ EAST ~74.55 FEET TO A POINT OF' CURVATURE 6F A CURVE CONCAVE TO THE NORTh'WEST HAVING A RADIUS OF 906 . $9. FEET; ~T~ENC~ NORT~EASTE'RLY A~ONG THE ARC .OF SAID CURVE A DISTANCE 67 IS4 96 FEET~THROUG}{ A CENTRAL ANGLE OF 07,53~4g, ; o 'HENCE D~PARTING sAID PROPOSED E~STERLY RIGHT_OFr~A~ 'LINE. OF 'LEGENDS ;OUT}{ 31 44'36' EAST .i!~6.67 FEET TO THE P6INT OF INTE $ DRIVE', ;AiD WESTERLY LiNE OF ~H~. INTERCHANGE PA'CEL ~n ,~" _R EC?ION ~'ITH THE AFORE · · R 3 ...... ~ POINT OF BEGINNING O~ ~. 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 kno~ as The Reserve, be ~ 5. The Board of Coun~ 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 he~r~ng, and following its closure, the Board of County Commissioners continued any further action on '~' this application until ~uesday, December 2.0,-~!988. ? On Tuesday, December 20, 1988, the Board_ . of County Commissioners removed from the table, the request of The Reserve Development of Regional Impact, for Development Order approval. 8. The BOard of County Commissioners of St. Lucie County, has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council. 9. On December 20, 1988, the Board ~d~pted Resolution No. 88-357, effective December 28, !988, 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 Wa~er Adjudicatory Commission° ~R O 2 " D. The proposed Development is consistent with the local comprehensive plan, development laws and .regulations of St. Lucie County. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida; A. That in a public meeting, duly constituted and assembled this t4th day of March 1989, Resolution NO~ 89-73,~ which amends Resolution No. 8~-357 granting Development order Approval to the Development of Regional Impact kno~n as The Reserve, is hereby '" APPROVED subject to the following conditions, restrictions and limitations APPLICATION FOR DEVELOPMENT APPROVAL gOO 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 ~he fOllowing items: a.!987~ApPlication for Developmen~ ~p~bOval dated July 9, SupPlemental information dated December 3, 1987- June 15, 1988; July 22 1988- July 29, ig88;~.and August !2, 1988; and ' 4 Ce implemented by the developer to the satisfaction of the City of Port Sro Lucie~ St. Lucie County, and the Florida Department Of Environmental Regulation. The developer shall furnish a comprehensive air quality computer modeling study and~ if the model shows exceedances, develop a plan and program for carbon monoxide monitoring and abatement, and implement all actions necessary to reduce carbon monoxide emissions to meet State and federal air quality standards according to the following minimum requirements: a. within two 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; and unless an extension has been agreed upon by the developer and Treasure Coast Regional Planning Council), submit a comprehensive air quality computer-modeling study according to a stud~ design approved by Treasure Coa Regional Planning Council in consultatio~n with Department of Envirom~ental Regulation; in case of exceedances as identified by the modeling study, submit within four months of.the approval of the modeling study a plan to mitigate project related traffic air quality impacts and implement the plan to the maximum extent possible. 'The Plan shall be approved by the Treasure Coast Regional Planning Council in consultation with the Department of Environmental Regulation; and implement and monitor the plan. HiSTORIC ANDARCHAEOLOGiCAL SITES In the event of discovery of any archaeological artifacts during pro3ect construction, the ~.d~veloper shall stop construction in that area and immedi:atety notify the Division of Historical Resources in t~e~ Florida Departmen~ of State. Proper protection, to the katisfaction of the Division, shall be provided by the deveioper,.. ~ HABITAT, VEGETATION, AND WILDLIFE 7~(A) Wetlands 1, ~, 5,. 6, 10~ 15~ 16, 26.,~ :33, 38~ 39~ 52, 6tA~ 6lB, 63~ 6~, 65, 71, 75, 78, 80, 81,~83, 8~, 86, 89, 9!, 92 and 93 (presently calculated ~o include a tot~! of 167.6 acres which are listed on Table HVW-1 and which are sho~ on 6 b~. The Developer has deeded over free and clear of all liens and encumbrances to St. Lucie County, or another entity acceptable to St. Lucie County, Treasure Coast Regional Planning Council, and South Florida Water Management District, 50.0 acres of upland habitat within the area labelled "Preferred Upland Wildlife Habitat,', delineated and shown on Exhibit HVW-4 of the Treasure Coast Regional Planning Council Assessment Report for The Reserve Development of Regional Impact; 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 Treasure Coast .Regional Plannin~ Council. If the Developer chooses, to meet all or part of this responsibility by creation of wetland habitat then the continued viabiliL~y and ma' of_this habitat shall be assured by deed restrictilntenance ' on, good~ development and drainage plan design, and assignment of future preservation and maintenance responsibility to an entity approved by TreaSure Coast Regional Planning Council and South Florida Water Managementthe created District wetland occurs. Prior to build-out of. the phase in which If the Developer chooses to meet ~1~ 'or part of this mitigation responsibiiit~. ,, by deeding over "Preferred Upland Wildlife Habmtat ~ as in option (b) above, such lands shall be transferred with restrictions that require their preservation as natural 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 another recommended Condition, since these lands are being dedicated in compensation, for wetland loss. No buildin~one, of~ permits the shall~ be issued after January 1, 1991 un~£1 fo!lowin~ has been com-~e~ - a. The Developer has com satisfaction of the S~.-~= -~ p~eted, the rea =~u Treasure Coast Re~i~ ~ - ,,~e_ sgement Dis ri wetland habitat created ~ursu~_~%?~ab~=e and beyond any condition), in mitigation ~i; ~_u__~e PSeyi?us recommended destroyed on this project Site; o'rweu±an~ haOitat already b. The Developer has deeded over free and clear of alt liens and encumbrances to St. 'Luci~*COunty, Regionalentity acCeptable~ to~__St. Lucie County or another P!annin~ ~ouncm±, an additioha!~ and 119.7 Treasure acres Coast of upland habitat within the area labe~ted "Preferred Upland Wildlife Habitat", delineated and sho~rn t HVW-4 of the Treasure Coast Regional Planning C~ Assessment ' 629 500~ .~E 1!. Reasonable assurance of financial an~ institutional ability to carry out the commitments included in the approved themitigati°nfollowing:plan may be provided by any-one,.or._, combination of a. a sure~y bond in the amount equal to 125 percent of the cost estimate for implementing the approved mitigation and m°nitorinu 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 , improvements; and , land or 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 and the TCRPC, if mitigation occurs within the Count, or the City of Port St. Lucie and the TCRPC, if mitigation occurs within the Financial guarantees shall not be released for any Portion of the Project until work is completed, inspected, and approved in writing by both the South Florida Water Management District and the TCRPC. The annual report shall include a summary of wetland mitigation accomplished pursuant to the approved master plan.,.~ ~ 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 except~'ons to this condition must be approved by Treasure Coast Regional Planning Council in consultation with 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., To help assure that maintenan ~'~'-~ .~. ,, Predevelopment h~dro~~ ce .~r. ~mP!ementati n r = ~~ OCCur '~ ' 0 Of estored wetland~ =~ ..... S w~h~n, the ~r ........ volumes of runoff from acceptable runoff to sources to wetlands Prior elevationst° routing~shallbeOf any excess lake's'SYstems Con-rolt established consisteh~lt with the intent allt° maintainwetland or improve 'predevelopment droperiods areas. The Treasure Coast '~gional Planning within 10 829 ~OOK fora=_n=~ ~ opportunities are maintained° IT shall be the responsibility of the Develope~ to implemen~ the approved plan. 15 16. The developer shall preserve no less than 25 percent (490 acres) of pine flatwoods habitat on site, including canopy, understory, and ground cover. Pine flatwoods habitat preserved and protected by deed restrictions pursuant to wetland buffer zone requirements and upland habitat required for the protection of species of special reqional concern, including the Red-cockaded Woodpecker colon~ sites, Sandhill Crane upland buffer and cabbage palm hammocks shown on Exhibit HVW-3, may be counted toward meeting this minimum requirement. The 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. The developer shall identify on a current good quality aerial photo the areas preserved pursuantUto~ this condition and submit the marked aerial and indicate thel acreage in the annual report required by Section 380~0~, Florida Statu%es. The annual report shall include -copies of deed restrictions assuring preservation of pine fla~wO~ds acreage. Preservation shall be accomplished in common areas, prese~;e areas, buffer zones, and other such areas by the developer required by The Reserve Master Association deed restrictions · Preservation on individual lots, if used to mee% the habitat requirement, shall be established by the developer through permanent restrictions set forth by the homeowners associations. The annual report shall also include copies of deed or other restrictions assurinc preservation of pine flatwoods acreage. - Prior to commencement of clearing activities-on any portion of the Reset'ye site, the Developer m~t Prepare and 'have approved a plan for surveying for'and protectin~ in situ, or relocating into a suitable on-site preserve ares al! gopher tortoise and, if gopher tortoise burrows:"are:found;-.:Florida mouse, gopher frog, and Eastern Indigo snake, that are determined to exist on parcels to be developed. The plan, shall be reviewed and approved by Treasure Coast Regional Planning Council in consultation with the Florida Game and Fresh Water Fish Commission and the U~$. Fish and Wildlife ServiCeo After approval of the Plan~ specific parcels may be cleared and developed su~j-ect to~ compliance with the In the event that it is determined that any additional representative of a plant or animal species of special regional concern (as defined in the Treasure Coast Regional Planning Council Assessment Report for The Reserve Development of Regional Impact) is resident~on, or otherwise is significantly dependent upon, The Reserve Development of Regional Impact property, the developer shall cease all activities which might negatively affect that individual population and immediately notify both the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. Proper protection, to the satisfaction of both agencies, shall be provided by the developer. 20. Prior to' any construction in Phase II of t ~u~e~l~, ~z~llan Pepper, and Austra?~a3e~v~Pm~t' __ ~.=~e s~a±l be removed Removal ~ ? ~ wnlcn manner t~a~ avoids seed di-~- ~ - ~ De in such a There shall m ~~ ...... Y. ~ ~ f these species. be no ~~N oz ~nese species on site. DRAINAGE 21. The developer shall design ~n~ constru~.?;the stormwater management system to retain the maximum volumes of water con~istent with providing ~flood protection. The system shall be designed and constructed to retain, or detai~ with filtration, as a minimum, the first one inch of runoff or the runoff from a one-hour, three-year storm event,. whichever ~s grea~er. 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 discharges from the surface water management syste~: meet the water quality standards of Florida Administrative COde Rule 17-3. Under no circumstances shall post-development runoff volumes exceed predevelopment runoff volumes for a storm event of th~"ee-day duration and .25-year re't-u~-~ frequency. The developer s-~ai1 design and construct the surface water management system such that m ' hydroperlods within re'stor~ -~~ntenance of normal p~eservea, and created wetlands can be guaranteed a,ga~st the negative impacts of actzvities within the pro3ect boundaries, and that the functions and values provided b~ 'th.es,e habitats~ will be ........ ._ maintained. Under no circumstances shai%-~nfiltered runoff from impervious surfaces and parkim-U..~ar_eas be diverted directly into wetlands on site. FinaI'~"d~ainage plans shall be submitted to South Florida Water Mana~ement District, St. Lucie Count~, the Cit~3 of Port St. Lucie,, and'~the Treasure Coast Regional Planning Council. At a m~!n~mum' such plans shall depict how preserved and created wetla31d areas Will be 22. 300~. 14 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, South Florida Water Management District and the Treasure Coast Regional Planning Council 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. Not wi'thstanding the foregoing, a spec~a1 Plan shall be ~u~mmtted for. the exmsting borrow pits littoral zone, taking ~ ~of mattCi°n~n' ' ~he~ % xiPsht~ ~c ~rr~ %~ ~ aw~li ~~ nztO nes.in WATER SUPPLY: POTABLE AND NONPOTABLE WATER-'' 26. The prima~y source of golf course irrigation water shall be treated wastewater effluent. The on.!y~ other source of golf course irrigation water allowable shall be water derived from the surface water management system of lakes. 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. Withdrawals from existing surficia! aquifer wells for the purpose of supplying irrigation water to existing golf courses shall cease by January I, 1991. The continued or proposed use of surficial aquifer wells to supply irrigation water to golf courses beyond January l, 1991, shall constitute a substantial deviation ~pursuant to Section 380.06, Florida Statutes, and shall ~eqUi're'"'further-review. 27 Construction of additional golf courses ~eYond those_already_ cons~cted shall not occur_ ~tii_.it c~_be the satisfaction of the South Florid.a~,,Water Management District that sufficient irrigation water can ~be.-deri~ed on a sustainable basis from wastewater sources and surface water management system lakes to provide for irrigation requirements without adversely affecting wetlands required by the Development Order to be pr~Served on site, or wetlands and littoral zones crested, on site as mitigation for wetland functions and val~ues ios~ as a result of this development. 36. 37. 38~ No building permits 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 nonpotable water needs to such further development proposed by the and wilt not have adverse impacts to: 1) wetlands required by the Development Order to be preserved on "sit~e or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result this d~ opment; 2) the potentiometric head of the idan if app!ioable; and 3) the ability of existing legal users to meet their permitted potable and nonpotable requirements. Parameters and methods of hydrol tic undertaken to demonstrate that a ent source of water is available to serve further deVe by the developer without adversely impacting items lis above shall be established to the saris ction of the South Florida Wa~er Management District. .-. Ail residential, commercial and ind ~ i:.: ' requirements shal~ ~ .......... us~mxal water and sewer ~ ~= ~upp&le~ Dy the'a ¢o~mon Utility which shall provide water and sewer service to all existing and proposed development, except Sable Creek Phases I, il, and iV, and Reserve Plantation I, IIA, and IIB, which contain tots which are in excess of the minimum requirements of one-half acre and any lots proposed within Sable Creek Phase il! (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 untility service then provided by the u~ility company. Any consents or other approvals requi~sd-from the Treasure Coast Regional Planning Council and/or in consultation with other governmental agencies,--as a condition to further development approvals being issued afte~ the effective date of the development order,_-shall not ~be sub3ect to unreasonable delay-afte.r~.all submissions and other data required by such'~agency '(including TCRPC) from developer, has been supplied.-__. . Maintenance and management efforts required to assure the continued proper operation of all components of the central water supply system shall be the~financial and Physical responsibility of The Reserve Utilities~ Corporation until such time as it may be conveyed t~ ano%'~r entity. Any entities subsequently authorized to~ep~a~The ~ ye 41. c. When flows reach 75% capacity, c°hStruction shall begin and be completed and certified prio~ to flows reaching 95% of }ermitted capacity. 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 was~ewater 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-~JUti!ities Corporation until such time as conveyed to another entity. Any entities subsequently authorized to replace The Reserve Utilities Corporation shall be required, au 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 ~ WASTE 43. Within three months of the effsctive -date of the Development.- Order (the e'ar!ie~ Orders are issued by°f ~wo dates if'~sep-arate-Devetopment St. Lucie County ~nd 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, St. Lucie County, and the Treasure Coast Regional Planning Council in consultation with the South Florida Water Management District and the Department of Environmental Regulation. If said approval is not obtained within six months of the effective date of the Development Order, no further building perm/ts shal~ be issued for any shall:part of the Project until approval is obtained. The plan require disclosure by all owners or tenants of non-- residential property of all ..... .haza~dgus materials proposed to be stored used 7'°'r' generated on the Premises; ...... .: ' , require ~nspection of all'bus.ness' premises storing, using, or generating hazardous materials Prior to the commencement of operation, and periodicall~, to assure that adequate facilities and procedures~ thereafter are in place to properly manage haz mrdous materials projected to occur; 2O RECREATION AND OPEN SPACE 46. The developer shall reserve a minimum of eight acres of land deeded free and clear of all liens an in four parcels no less than two acres each in size to be homeowners' associations d encumbrances to Re ion - wmthln The Reserve Develo me g. . a.1 Impact for th .... ~ ...... P nt of ~ ~ =~u~u~snment of recreational development, n living within t fac~llties geared to the needs of childre he Parcels shall be reserved in an arrangement that will most conveniently serve the most residents based on proximity of residential areas. The developer shall establish a fund of not less than $5,000 for each parcel to be turned over to the appropriate homeowners, association to provide initial funding for facilities on each parcel. The appropriate equipment or facilities to be developed on each parcel shall be determined by the homeowners, associaition. 47. Within one year of the effective date of the Development Order (the latter of two dates .if s~parate Orders are issued by St. Lucie County ~nd the-Development . St. Lucie), the developer shall City of Port provide a plan for the provision of beach access points a~d _parking facilities to meet the demand created by residen~ia~ development in The Reserve Development of Regional impa~-. The plan shall include an evaluation and estimate of demand for beach access points in both St. Lucie and methodology Used to Project beach acce~ shall be agreed upon by_the developer prior to plan initiation_and shall be the completed plan. The plan shall be constructed and available to se~ .... ': ....... ~'-' accordance with the"':approved plan. Sub- improvements required of the Developer proportion to the level of service available by the respective Counties for Counties. The and parking demand apProving.'agencies ed as part of St. Lucie Count~, Martin County, and ~he a program for meeting any pro3ected demand. The plan must be approved by Regional Planning Council. . Treasure Coast within two vear~ ~ .... ~ apPrOval is not obtained ~ ~o ~ ~ne effect!ye datei of the Development Order as aforementioned, no further .ding permits shall be. issued for any part of the pro3 .until approval is obtained. Beach access points ~nd D~ facilities shall ected-demand in POLICE AA~D PUBLIC SAFETY oregoinNy. not exceed, in facilities made resi dents 48. 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: maximum eXten~t feasible, incorporate ~asures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan dated May, 1979, and the Treasure Coast Regional Plarming COunci2's Regional Comprehensive Policy Plan. As a minimum, the developer shall demonstrate that incorporation of energy conservstion measures already committed to and those measures to be incorporated b~ the requirement of Condition 2 below has reduced pro3ected energy demand by 20 percent below that demand which would have occurred without incorporation of the measures~ The developer shall incorporate each of the l? energy saving methods outlined in the ENERGy section discussion of the Treasure Coast Regional Planning Council's Assessment Report for Th'e Reserve Development of Regional Impact unless it can be demonstrated to the satisfaction of the Treasure Coast Regional Planning Council that individually each method is not cost effective. TRANSPORTATION 52. No building permits shall be issued after the-effective date of the Development Order (the earlier of two dates if separate Development Orders are issued by St. Lucie County and the Ci-~ar of Port St. Lucie) for the Reserve Development Of Regional Impact until the necessary right-of-way owned by Callaway Land & Cattle Company along the westerly extension of Prima Vista Boulevard has been dedicated free and clear of all liens and encumbrances to St. Lucie Coun-~ or Florida Depal~cment of Transportation as necessary and consistent with the St. Lucie County Thoroughfare Plan for Prima Vista Boulevard, and intersections thereof, ~md as necessa~.r to provide for ultimate laneage of Prima ,Vista Boulevard. 53. Prima Vista Boulevard, west of 1-95, shal2 be designed as a Primary public access route extending from the 1-95 intsrchange to the west/southwest property lines of The Reserve Development-~f__R. egional Impact,. and--~ppr~pr_i~_te right-of-wap shall be dedicated to PrOvide for such an alignment. Design and construction of the roadway shall maintain acceptable levels of service on both Prima Vista Boulevard and 1-95 and meet the requirements of the Florida Department of Transportation Administration. .and ~-the Federal Highway 54. No building permits for non-industriai~deve!opment of more than 225 residential (1395 daily ~trips)units shall be issued for The Reserve Development of' Regi6nal Impact until contracts have been let for the constru-~ion of intersection improvements to obtain the folloWin~ R a) W~s~ Midway Road and Glades ~U,tLOff Road Northbound Glades Cut-off Road Eastbound West Mid~v Roa~ One left-turn lane~ - One left-turn l~e~ One through lane One right-turn lane* One through lane One right-turn lane* Southbound G!9~e~ Cut-off Road Westbound West MidwaR~_~ One left turn lane * One left-turn lane* One through/right-turn lane One through lane One right-turn lane* · Improvements beyond current configuration. 56. All above configurations, inCluding S%gnaliza~ion as warranted, shall be permitted and constructed. ih accordance with city, county, or state criteria, as applicable. No building Permits shall be issued for more than 448 (2,778 daily trips) residential units and 95,000 square feet of industrial development (526 daily trips) or after twelve (12) months from the effective date-of this Development Order unless the improvements listed under a) above have been let for construction. Should the developer fail to comply with items (1), (2), and (3) listed below within the time period specified below, the County may call said Letter_ of Cl-edit Go complete.2_the improvement of a) above: ..... (1) Design complete within six (6) months of the effective date of the Development Order. (2) Permitting complete within nine (9) months of the effective date of the Development Order° ($) Construction commencing, within eighteen (18) months of the effective date of the Development Order. - .............. No Certificates of Occupancy shall -be~ issued for m 95,000 square feet of industrial d~L .... ore than trips) and 448 resi =~=xopment (526 daily dential units (27~8 daiiy trips) of the Reserve Development of Regional Impact until the intersection improvements under Paragraph (a.) above has been completed. i~o building permits for non-ind s ' . ~ssue~ for more th=~ ~ ~ ~ ~rlal development mh=~ ~ con%rJct~ ~JJ~ ~eserve Development of ae~"~t~ lo,o/= daily ~ ~,=v~ oeen let for the c .... ~ ?~=x xmpact until u~'~ruc~lon of intersection 26 629 58. No building permits shall be issued for industrial development of more than 250,000 (1,383 daily trips) square feet of The Reserve Development of Regional Impact until contracts have been let for the following roadway improvements, including all necessary bridge structures (development level thresholds may be increased if it is demonstrated through the traffic monitoring program that additional development may be accommodated without exceeding Level of Serve "D" peak hour~ or Level of Service "C" under average annual dail. one): a) West Midway Road and South 25th Street' (St. James Drive) Northbound 'South 25th St. One left-~ur~ lane - One through lane One right-turn lane* Southbound South 25th St. One ~ ~ ~e~ ~-turn lane Second left-turn lane* One left-turn lane* One throdgh lane Second through lane* One right-turn lane* One through l~ne One through lane Second t~ou~h lane* One right-turn lane* One right-~urn lane *~m~rovement beyond current configuration._ No Certificates of Occupancy for i more than 250 000 ~ ~g~ ~ . . ndustria! deveto~ , ~,ooo uai±lv ~r~- . =men/ of ~serve Development Of Reg~ona!-I~:~V) .square feet of The ,~ r~adway improvement u~de- ~ P~b% Sngll be issued ~ntil ~ ve±opment level thresho!~- ~ - ~ve nas been-completed s may De increased if it is demonstrated throuch the traffic monitoring program +hat additional development may be acc Level of Se~ .... ,, . ~ ommodated w" - S~-~ ,,~,J-'T-= m peak hour ~.~.Sj~,Ithout exceedln - ~= ~ under aver~ = ...... ,_ ~_~ s~ason, or L 59. No building permits shall be-issued_~0r' ~ ion~industria1 development of m°Te'~han-1,-494-res!dential unlts- (9%073 daily trips), a 150-room hotel .(.1 261 .daily -trips), 65,000 square feet of , - _ commercial '(5,616 .daily trips), and square feet of off~ce (556 daily trips) of 30 000 ' The Reserve Development of Regional Impact until COntracts have been let for the following roadway improvements, including all necessary bridge structures (development level thresholds may be increased if it is demonstrated~hrough the traffic monitoring Program that additional development can be accommodated without exceeding Le%el '~Of-Service~_-· ~. ~ "D" Peak (3) (4) Southbound - one right-turn lane. Southbound - second left-turn lane. *ln~ersectign improvements beyond current configuration. *~Oniy required if development access exists. 61. Ail of the above configurations shall be Permitted and constructed in accordance with city, county, criteria, as applicable, or State No Certificates of Occupancy shall be issued for any non- industrial development of more than 1,4~94 .residential units (9,073 daily trips), a 150-room hotel (1,261 daily trips), 65,000 square feet of commercial (5,616 daily trips), and 30,000 square feet of office (556 daily trips) of The Reserve Development of Regional ~-'~Impact until the improvements under a) and b) above have been completed. NO building permits shall be is ~ey~lopment of more than ] ~n- su~ ifg{ non-industrial - _ ~ o~ commercial (5,616 d_~: i ~"~ ~rzps), 65,000 ±eet of office (556 dail- L,Z iP% and 30,000 ~evezopment of Regional im~=~ ,,-~ ~I~) O~ ~-he Reserv for t . --~ u~ml con ~ e he foliowln~ ~ ...... t~acts have been signalization' modi~ii~L~~ec~lOn~ux improvements · in~¥[~%uu state crite~i~ -- on~ as warrantedlby city ...... .... ~ --, ~- ~ a~ica~ , _~ ,_-- ~, ~u~L~Z, O ~nresnolds may be'-.~-~tt-g t~?-~ ~ev~iopment level .. the traffic monitoring Program that additional development - -° u,emons~rated can be accommodated without__exceeding-Level of. Service "D" Peak hour, peak season, or Level of !Service "C" under average annual daily Conditions): a) Sa:-Shore SZvd One left-turn ~a~¥ ' One through/right-turn lane One right-turn .lane One through lane -- One 1~_ One right-turn lane One through lane*- -' One through/right-turn lane *intersection improvements beyond curren~ 3O one lef~~ Second ie.ft~turn lane* One through~lane .... Second through ~ane* .................... configuration. a) Prima Vista and West Peacoc~iBoulevard Northbound West Peacock B/vd One ief~-turn lane** One through !ane*~ One right-turn lane** Southbound West Peacock Blvd. One left-t-~n lane Second left-turn lane* One through lane One right-turn lane Eastbound Prima Vista Blvd. One left-t-~-~rnlane Second left-~urn lane* One through lane Second through lane One through/right-turn lane ~~nd~: Prima Vist9 Blvd Three through lanes Fourth through lane* One right-turn lane b) Second left-turn lane~ One through lane One right-turn lane ne left-turn lane One through lane One right-turn lane_ Prima Vista Boulevard and California Boulevard One l~~ Second left-turn lane* Two through lanes Third through lane* One right-Turn lane ~_~u~d. Prima Vista B!vd One l~ Two through lanes Third 'through.lane. One right-t~rn lane c) Prima Vista Boulevard and Cashmere BOUlevard une le£t-tu~n l~-~ One through lane One right-turn lane une left-~ Second left-turn lane* One through lane One right_turn lane Second right_turn lane* Third through lane* One right-turn lane .......... ~n~'Prima Vista Blvd. One ~ .... Two through lanes Third, i lane*.. One ri, 'lane ........... d) One ~_ One left-turn lane* West Midway Road and East TOrino Parkway .west !dwav Road Second through lane* One right-turn lane* 32 500~ 66. uemons~rated through the traffic m onltor&ng P~ogram that additional development can be accommodated Without exceeding Level of Service °'D" peak hour, peak season, or Level of Service "C" under average annual daily conditions): a) Four-lane Glades Cut-off Road from Reserve Commerce Cen~er (Go Team) entrance to West Midway Road. No Certificates of Occupancy shall be.issued for industrial development more than 750,000 square feet (3,809 daily trips) The Reserve Development of RegiOnaI Impact until the improvement under paragraph (a) above has been completed. No building permits Shall be iSSued for industrial development of more than 750,000 square feet (3,809 daily trips) of The Reserve Development of Regional Impact until contracts have been let for the following improvement (development level of thresholds may be increased if it is demonstrated through the traffic monitoring program that additional development can be Level of Service "D" accommodated without exceeding , peak hour, peak season, or Level of Service C" under average annual daily conditions): a)TeamGladesparkway)CUt-°ff Road and Commerce Center Drive (Go- One through lane One right-turn lane One left-turn l~ne Second left-turn lane* One through l~ne ~3~tbound Commerce C~nter Dr. one lef~ . One right,tUrn lane *Improvements ~eyond current ....... -"" configuration? ......... N/A = Not aPplicable ..... 67. NO Certificates-of Occupancy-shall be"issued--for-industrial development of more than 750,000 Square feet (3,809 daily trips) of The Reserve Development of Regional Impact until the improvement under Paragraph .(a) above has been compl'eted. . No building Permits shall be iSSued for development of more thresholds may be ~ncreased if it i~"demonstrated through the traffic monitoring program that 'additional development can be accommodated without exceeding Level of Service "Dx peak hour, peak season, or Level of Service "C" under average annual daily conditions): a) Eight-lane Prima Vista Boulevard from West Peacock Boulevard to California Boulevard. No Certificates of Occupancy shall be issued for development of more than 3,400 residential units (19,411 daily trips), a 250-room hotel (2141 daily trips), 250,000 square feet of commercial (13,480 daily trips), 100,000 square feet of office (i,372 daily trips), and 1,200,000 square feet of industrial development (5524 daily tri'ps) of The Reserve Development of Regional Impact until the improvements under a) above has been completed. 69. No building permits shall be issued for~.development of more than 3,400 residential units (19,411 daily~trips), a 250- room hotel (2141 daily trips), 250,000 square feet of commercial (13,480 daily trips), !00,000 square feet of office (1,372 daily trips), and 1,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional Impact ~ ' un~_l contracts have been let for the construction of intersection improvements to obtain the following configuration, including signalization or signalization modifi.cation.~as .warranted by-city, county, or State criteria, as applicable: a) Northbound California Blvd. One left-turn lane* One through/right-turn lane Southbound California Blvd. One left--~-urn lane* -- -One through/right-turn lane. California Boulevard and North Peacock Boulevard Eastb°~nd_.North Peacock B!vd One ~--eft-turn lane* -'-~ One through~right-turn lane ---Westbound North p~acock Blvd. One approach lane b) Northbound California Blvd. Two lef~nes One through lane Second through lane~ One right-turn lane Southbound California Blvd. Prima Vista BOulBvmrd 'and-California Boulevard_ Eastbound Prima Vis~ B!vd --- - ..... ~*~ xanes Three through lanes Fourth through lane* One right~turn~'~ane Westbound Prima-Vista Blvd_ ._ g) Northbound Ba~shore Blvd. One left-turn lane* One through/right-turn lane West Virginia Drive and Bays~o~e Boulevard Southbound ~~ ~e i-~-tu~n ian~* One through/right turn lane ~West Virginia Drive One l~ Two through lanes* One right-turn lane* ~_~u~nd. Wes~ V~r ini~ Drive Aa Driv~ Two through lanes~ One riUht_turn lane* h) Northbound'West Torino Parkwa_~ One approach lane Southbound West Torino Parkway One left-turn lane* ~ One through lane West Torino Parkway and Torino Parkway Eastbound Torino Parkwa~ West_b_o~und 'TorinO Parkway *Intersection improvements beyond current N/A = not applicable configuration. 70. 71. All above configurations shs!l be permitted and constructed in accordance with city COunty, .or state criteria as applicable. - No Certificates of Occupancy shall be iSSued for development of more than 3,400 residential units (19,41! daily trips), a 25D-room hotel (214i daily trips), 250,000 square feet of commercial (13,480 daily trips), 100,000 Square feet of office (!,S72 daily trips), and 1,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional Impact until the intersection improvements under paragraphs (a) through (h) above, have been completed. All prO3ect entrance intersection configurations Shall main~sin Council.s objective level of service Standards Ali project entrance-intersection. config~a~ions,~ Florida East Coast Railway crossi~s,.at GlinCluding any RQDd/Reserve Boulevard -and at '.Glades'! C~t-off Road/Reserve · ades Cut-off Commerce Center (Go Team) entrance, shall be~ apprOved as appropriate by the City of Port St. Lucie, St. Lucie County, Florida Department of Transportation, ~Orida East Coast Railway~ and the Treasure Coast Regional Planning Council. As a minimum, the Deveto~ern shall:' Pay a fair share NO' Certificates 'Of Occupancy shall b~l~ iSSued for any non industrial development of more th , you square feet of ~' ...... --r- ~'~ Call tr' _ ~L~uuu_square feet of ind,,~+~L~'~.~z sa~ly trips) a~ ~ ~-Pz'ovements u~,~ .... ~ ~. ~ ~eglonal Im : ~ '~=~ paragraph ~aQ _~ pact until completed. %-~ above have been 74. Intersection improvements identified in a) bet~wshaL!~ be constructed concurrent with the northerly COnnection of Cashmere Boulevard to Prima Vista Boulevard. a) One through lane* One right-turn lane Sou. t~h~b~o~n? Cas~hmere BI vd One left-turn lane ' One through lane One right-turn lane* Prima Vista Boulevard and Cashmere Boulevard ~-~u~Sd,Prima Vista B!vd Two through lanes One right, turn lane One ie~t_tUrn lane ' Two through lanes One right-~urn lane *Improvements beyond CUrrent configuration. 75. No further building permit ~ _. shall be iSSued in ~ S_fo~ non mndustrial _connection of Cashmere ~f~.=,_~es_erve after the open ~o t~.._ . . ~uxevarG to ~--< ...... been completed, e ~mprovements under a ) a~j~r~-~s~ve Commencing in January of 1990, the The Developer may undertake an annual monitoring program.a traffic%rRffic monitoring Program shall be conducted by engineering that is qualifiedin F(3.05),"bY the Florida Department firmof Transportation Traffic Operation-'Studies, and ~(3.06), Traffic Operation Desi~, or an equivalent. _ If the monitoring program is 'selected~"-it must be commenced- in January, 1989 and main%ainedcountyOn an.a annual basis. The developer shall-submit to the traffic- monitoring report along with The Reserve,s Annual Development Report. The report shall present existing counts and traffic ~onditions, including all analysis; Specifying any mmprovements necessary to PrOVide Level of-Service "C" for annual average daily traffic COnditions~and Level of Ser%-ice "D" for peak season peak hour COnditi~onsi~ The report Will identify any exceedance and construction, dates as defined oo 6¢9 936 76. count shall be made on each link. Co-~encing in January of 1991, the monitoring program will pro3ect traffic demands for each link using historical traffic grow-th data from the monitoring program and considering projected development within The Reserve. Forecasts will be made for a three-year period. When a link is pro3ected to exceed its existing service volume for Level of Service "C" or "D" during the three-year period, the month and year for such exceedance will be estimated (exceedance date). a) Building permits for non-industrial development in excess of the levels shown in Table I may be issued for The Reserve if it is shown in the Traffic Monitoring Program that Level of Se~~ice "C" for annual average daily traffic and Level of Service "D" for peak season, peak hour traffic can be maintained with additional Reserve development. When an exceedance date is determined, building permits for development shall not be issued after the construction date until the needed improvement is let for constr~ctiono The construction date is defined as twelve (12) months prior to the exceedance date for roadway improvements and eighteen (18) months prior to the exceedance date for bridge improvements. Design and permitting of these improvements must be completed by the construction date. When an e~ceedance date is dete-~ined, Ce~tifica~es of Occupancy shall not be issued a~l~A~ until the improvemen~ is complete.~=~ the exceedance date b) Building Pe-~mits for indus~ri~D~,~de~elopment~j~u -excess ...... of the levels shown in Table Z7 may be issued for The Reserve if it is shown in the Traffic Monitoring Program that Level cf Service ~C" for annual average daily traffic and Level of Service "D" for peak season, peak hour traffic can be maintained with ~additional Reserve development. When an exceedance date is dete~mined~ building Permits for development shall not be issued after the construction d~te un~l the needed improvement is let for construction. The construction date is defined ,as twelve (12) months prior to the exc~ date. for roadway improvements and eighteen (18) month: prior to the exceedance date for bridge improvements Design and permitting of these improvements must be by the construction da~e~ When . . ' '- until the improvement is complete. ' Commencing in January, 1990, the developer may undertake an annual monitoring Program of the 1-95/Prima Vista Boulevard interchange. The traffic monitoring program shall be conducted by a traffic engineering firm that is qualified by a) b) c) Addition of a two-lane parallel structure. Northbound right-turn lane. Southbound right-turn lane. Second southbound left-turn lane. When an exceedance date is determined, Certificate of Occupancy .Shall not be issued after the exceedance date until the imprOvement is complete. 77. No additional building permits shall be issued after December 31. 2005, unless a traffic study has been conducted by the Developer, submitted to and approved by the City of Port St. Lucie, St. Lucie County, Florida Department of Transportation, and Treasure Coast Regional Planning Council, which demonstrates that the regional roadway network can accommodate a specified amount of additional Reserve Develo of .Regional Impact generated, traffic growth in 'round traffic beyond 2005 and can sti~l and be maintained Level of Service "C" during average annual daily traffic conditions and Level of Service "D" during peak hour. peak season conditions. a) Be conducted in Year 2005. The t- = ~ ~a~f~c study shall: b} improvements and timineg of those ,, necessary to provid Level of Service C" under average annual dai~y operating, conditions and Level of Se-vice "D" under hour, peak season operating conditi for the subject trans~oftatio~ network during the projected comple~ion the project, including project impacts and growth in background traffic. Additional permits shall not be issued until a new Project program and roadway improvement PrOgram necessary to acceptable levels of service have been approved by City of Port St. Lucie,. St. Lucie County, Florida Department of Transportation, and Treasure Coast development.Regional Planning Council for the remainder of the HOUSING 78. Prior to application for building permits for any hotel co~aercia!, al, or residential~ development in ' Reserve Dev~ ~ent of R.egional '~'I'mD!act b - The authorized in the Preliminary D~~i . . eyond -that developer shall provide an estimate Qf the number of ...... ~'"=n~'~l'~reement, the 44 P~,c[£ODO St~ Lucie City Planner, as appropriate~ fox>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, sha!l be the local official assigned the responsibi!ity~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, the earlier date if two separate orders are-adopted, of this amended Development Order shall include the fOllowing: i. y Deve] repoz ~anges in the plan of development, or in the :entations contained in the ApPlication for ~pment Approval, or in the phasing for the lng year a~d for the n~xt year; 46 F. The definitions found in Chapter 380, Florida ~tatutes, shall apply to this amended Development Order. Go St. Lucie County hereby agrees that prior to March 14, 2009 The Reserve Development of Regional Impact shall no~ 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 ~he ch~ge is clearly established by St. Lucie County/the Cindy 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 reference herein to any governmental agency 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 on the effective date I. The approval granted by this amended Development Order is · · ~ cond~tlona!, and shall not be construed to obviate the duty of the developer to comply with all other applicable local, State, and federal permitting requirements~ 944 48 70 After a motion and second, the vote on "%~±s resolution was as follows: Chairman Judy Culpepper Vice-Chairman Havert Fenn Commissioner Jim Minix Commissioner R. Dale Trefelner Commissioner Jack Kreiger AYE .AYE AYE AYE ABSENT PASSED AND DULY ADOPTED, this 14th day of March, 1989 BOARD OF CO - ;. ~?'~ ::'-J -: 9.'- ~T. LUCIE C0~y, FLORIDA /~>~-~;"_.~'..:.~.f~ 5. ~~~~%-..~':5: "'2%~T-.~:~.,-~.- L~ ,~ ?"~~ ~~' APPROV~ AS TO ...... ,~'~." - CORRE CTNES S ': ~..' ' ~-~7 -;;;:.~,~,:. ='F ~-c' --.., 'COUNTY A~ORNE~ ~...~ . - _ ,~; ~.'.~ . '-.. ,',~T~' ' .-~, -. ,~ ?- RZ89-73b ( RES ER%~ ) clean copy 629 DESCf::917?, 1II OFFICIAL RECORDS .::OOt' 3-19o I"AGES '";'1-506 ~UBL]C RECO~.]D~ OF ST_ LUCIE COUNTy. I'I.ORIDA ~ND f;OU]'HEt~S':TE~Ly AL:}rzG T{I;~ NO~T~iKRi. Y L'NK OF TllaT PARCEL OF LAND DESCPIBED IN zvtlCiAL -"" _c.. ~ -:. PA.3 ] . 3- 2 095 AND Tile EPUTIIE~Ly LINg C-F T~{AT NECO,.,L-, D"-'" ~ '. ES 0~, - 2086. PUBL]C NECORDS OF ST. LUCIE COUNTY F[-OR~DA. TiIENCE SOUTtt 43'34'09- EAST. 5340.4? FEET; THENCE SOUTH 45'08'~0' EAST. 5082.O7 FEET; THENCE SOUT~ 46'44'37' WEST. 126!.19 FEET; THENCE SOUTH 43'08'26' EAST. 273.69 FEET; THENCE NORTH 40'58'54' EAST. 959.07 FEET: THENCE NO~TH 61'5i'~4" EAST 61~oO4 FEET: . THENCE DEPARTING SAID SOUTHERLy LINE AND ALONG THE NORTHERLY AND WESTERLY LINE OF PARCELS OF LAND 'DESCRIBED IN A LAND E~iCHANGE AGREEMENT BETWEEN CALLAWAY LAND & CATTLE C0. AND PEACOCK FRUIT- LAND CO. THE FOLt.OWlNG COURSES AND DISTANCES: THENCE SOUTH 43'08'22- EAST. 1588.47 FE~: THENCE SOUTH S7'!3'0~' EAST -, - ~8~.04 FEE'T; THENCE SOUTH B8'5~'5~' FAST, 759.2! F~S_ET; THENCE NORTH EAST. 134.$? FEET: .T0 A POINT ON THE ~EST~--RLy LiNE OF A 'FLORIDA POWER & LIGHT CO. EASEMENT RECORDED OFFICIAL RECO BOOK 468 PAGES 2897 ..... ~ECORDS OF ST. LUCZE COUNTY. FLORIDA; NO~TH 79'27'$6~ EAS~ ALONG SAID WESTERLY EA =~ SS.S! FEET; NORTH !9.'2S-24~ EAST ALONG SAiD ~ESTERLY EAS~ LINE. A DISTANCE.OF 6S3.65 FEET; THENCE NORTH 12'2S'5S- EAST, ALONG SAiD ~ESTERLY EASEMENT LINE. A DISTANCE OF 640.99 ~E~"/: NORTH 04'5~'26 EAST. ALONG SAID WES EASE/~ENT LINE A DIS OF 637o-01 FEET TO A ~ESTF~iy LINE ON THE OF A FLORIDA POWER & LIGHT CO.- ~ AS RECORDED tN OFFICIAL R~CORDc BOOK 97. ~c ~:CORD£ ~?-$T. L~CIE CO~2r~. ~LORIDA_ ~UNG THE WESTEiRLY L~N~ A~ c~ ~.~ ' ; THENCE C0. EAS~M~N~ ~,k .... -~ ...... ~ ~RIDA PO~ER & LIGHT ........ u =n~ wESTERLY LINE OF A FLORIDA POWER & LIGHT CO. EASEMENT RECORDED iN 'OFFICIAL RECORDS. BOOK 120. pAGE '--!99-'PUBLIC'RECORDS 'oF' ST. - LUCIE -- COUNTY. FLORIDA. NORTH 00'00'Il- EAST. A DISTANCE OF 22~4.91 FEET TO THE POINT OF INTERSECT]ON WITH THE wESTERLY RIGHT - OF- WAy 'LINE OF THE PROPOSED !NTERCHANGE OF; STATE ROAD 9 (INTERSTATE 1-95) AS SHO~N AND DESCriBED ON A BOUNDARy SURU~y MAP PREPARED BY ST. LUCIE iWEST'" TR'O~I^S' O: .... . _ ~VELOPmENT ....... CORPONnT]0N; S]~GNED AND SEALED BY'DAVID ui BETHAm. FLORIDA CERT]F]CATJON NUMBER 3~99 !987. - - DATED JUNE 10. THENCE DEPARTING S~J]D NORTHERLy AND WESTEi~Ly L]N~r O? EXCHANGE I)aPC ELS - ,~Oit~TIIWKST£RLY - - 'I'H~ LAND L~NE OF SAID IHT-'~ .... ALONC TIlE WESTERLY t}lGllT-OF-u;,,y FOLLOU]NG COURSES AND DISTANCES: RED cOCKADED WOODPECKER EXHIBIT A Red-cockaded Woodpecker Management Plan for The Rese~ve Development of Regional Impact Introductign The Red-cockaded Woodpecker (Picoide~ boreat~s), an endangered species, has been determined to actively use portions of The Reserve Development of Regional Impact (DRI). This report describes current use of the site and the co~mitted responsibilities of the developers of The Reserve DR/ to help assure the continued value of the prope~y ~o this endangered woodpecker species. A Red-cockaded Woodpecker cavity survey, as required by Treasure Coast Regional Planning Council, U.S. Fish and Wildlife Servicer and Florida Game and Fresh. Water Fish Commission, was initiated on April !0, 1988. Tine survey was conducted on ~50-foot transects throughout ~ne site known as The Rese~;e in St. Lucie County, Florida. Additional surveys w ~ e~e conducted' by a minimLlm of two field observers and up to five field observers on each occasion. A total of 160 man-hours were spent on the site su~-vey. DP, , oo, 629 78 Po~ent~a~ ~m: a~ct~s- of n~ve!~ On May 1.9, 1988, Dr. Jerome A. Jackson visited The Reserve in order ~o evaluate the site characteristics, the status of the Red-cockaded Woodpecker on the site, and to present -recommend management needs for the existing Colonies on the site. Potential negative impacts of development on the Red- cockaded Woodpecker include: i) destruction of cavity trees, 2) reduction in quality and/or ~uantity of foraging habitat, 3) isolation of colony sites and cavity trees, 4) disruption of breeding activities~ 5) reduction of t. he diversity and stability of the food supply, 6) increased ~Ompetition from other cavity nesting animals, and 7) deliberate 3ti!ling of birds. talThe followingimpacts omaCti°ns will be taken t~ minimize deveiopmen_ the ~eu-cocKaded WoodPecker on The Reserve DRI: - Each tree will be tagged. With.. a permanent, numbered alUminLlm tag. Al!.known cavity trees Will be I"-400, located by survey on a ~ --erial.photograph. oo 629 areas to the maximum extent possible. In no case shall less than 20 feet of buffer be left around these trees for the purpose of minimizing impacts of construction on Tree survival. o Ail construction activities and any planned golf tournaments that would involve excessive or unusual activity within 200 feet of active cavity trees will not occur from April 1 through June 30 withou~ roping off preserve areas to minimize disturbance during the Red-cockaded Woodpecker nesting period. A mon~or~ng~- program ~I be initia~ed to doc~men~ the re P sence or absence of Red-cockaded Woodpecker nesting during toting ornithoiogis~. ~o Treasure Coas~ Regional p~ .... ~ =res~ Water F~ ~ . . and Wildlife Each colony will be surveyed a= least twice 15 through June 15. This moni- be performed by a qualified Results of the survey shall be provided Council, Florida and the U.S. Fish Contiguous. . . stands, of trees will be maintained to mlnlmlze the energetic cost. of foraging and to minimize the Red Cockaded Woodpecker,s VUlnerabiii~y to aerial predators- The intent here is to avoid creating si=ua=ions where colony sites are totally separated Co which is on the boundary 0f the property. Such habitat will be provided via preservation of habitat to the maximum extent possible and by tree planting to the extent necessary; and maintain records indicating the DBH of all pines removed or killed by natural or unnatural causes that are equal ~o or greater than four inches DBH~ as well as efforts to replace such losses. 10. If the number of pines equal to or greater than ten inches DBH removed or otherwise lost approaches of pine fores~ habitat available to the done to dete~ine if losses have been offset by trees recruited to the ten inches + DBH class through growtL~. Based on the results of such reanalvs4s. _ , additional trees will be planted~ or the number Of trees that may be removed will be modified as necessary° ti. Sta=utes surveys ail rec. above. The annu~l repo~ submitted 'to Treasure Coast Regional Planning Council as required by Section 380.06, Florida include .the results_of_all_ monitoring_ by number 6, ab0ve,-~ and a sumumary of rds of trees removed, reacquired by number Fhese results shall also'be submitted to the and Fresh Water Fish Conunission and the Wildlife Sea--vice annually. GOPHER TORT~!sE EXI~ZBZT itl 'YPE A BUFFER O25' DENSE V~G~'AT~O~ DEVELOPI%,~=NT J= CORRIDOR D~'VELOP~ENT POD 61 DEVELOPMENT POD °~' 639 BOOK 967 · TYPE B BUFFER ~o' OPEN RAN¢__~ VEGITATION 0,629 ,;,0~£393 'a~¥ H,qR30 Alt :25 BOOK ,-. ?..: -..: :: I,.:' ,,~-' 7, F BITAT CURRENT ZONING PUD - RED AR-1 - BLUE RS-2 - OREEN 2?-36-39 PETITION OF CALLAWAY LAND & CATTLE CO.j INC, BY AGENT: REGINA KARNERJ P.L.S, ?ORA CHANGE IN ZONING CLASSIFICATION ~ FROM AR-1 TO CG FUTURE LAND USE SU - BLUE RL - RED CG - OREEN CT - ORANGE 2?-36-39 PETITION OF CALLAWAY LAND & CATTLE CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CG ~ Date: 5/23/89 -- ~ Tape: #1, ~2, ~3 convened: 9:10 a.m. ~ adjourned: 4:52 p.m. (J) Cattle C__O=. (3-0875) - ~ - .... ~um~.~_. Reference was made to memorandum from Land Development Manager, addressed to the Board, dated May 15, 1989, re: ' Petition of Callaway Land and C_.attie__~DC., by Agent: Karner & Associates for a Change in Zoning~r0m AR_l_1 (Agricultural ~--o C~ ~ (Comae ~ ~-~ ~ ~ ~ .. ~ , Residential 1 ~ r~ u~nera~ .. ~ du a ~// ~st quadrant, of the in~)-'- ~r P~operty located in Luci West Blvd. )Bouievard. e u~rsec~lon of 1-95 & Prima ViSta (St~ Regina Karner was present to request approval of this petition on behalf .of the Petitioner. It was moved by Com. Trefetner, seconded by Com. Minix, to adopt Resolution No. 89-120, a resolution changing the Zoning Classification of certain property in St. Lucie County, Florida; and, upon roll call, motion carried unanimously. (k) ~ Land an~ ~ ~ (3-1027). Reference- was made to memorandum ~ddressed to the Count~, Ad-~-~. - f.rom Land Development Mana~e~ May 15, 1989, re' ..~f~. m~n~s~ra~or, County Commis,~_ A~.~ .. ' r~Ll~lOn O~ Call~, ..... ~ ..... ~' ~a~ea ?~_~t: ~arner & Associates for i ~=Y ~=na an~ Cattle Co., by ~c.~!~u~al, Residential ] ~ ~%~% ~g ~from ~= =ounnwest quadrant of the intersection of 1-95 & Prima Vista Boulevard. Regina Karner was present to request approval of this petition on behalf of the petitioner. It ~was moved .by Com. Minix, seconded by Com. Trefelner, to adopt Resolution No. 89-121, a resolution changing the Zoning- Classification of certain property in St. Lucie County, Florida; and, upon roll call, motion carried unanimously. (1) ~ Land and Cattle ~ (3-1147) Reference was made to memorandum from Land Development Manager, addressed to the County Administrator, County Commission, dated May 15, 1989, re: "Petition of Callaway Land Agent: Karner & Associates for a Chang~ inandzoningCatt~~bY (Agricultural. R-ssidential _ 1 du/ac)/~nd PUD/ (P~anned Development) (Planned Unit Development) The Reserve _ Section II, .. for Pr~erty located on the southeast aids of Gladss Cutoff(Reserve Road, Section apProximatelYli). 3 miles south of West Midway Road Regina Karner, on behalf of the petitioner, was present to request approval of this petition. It was moved by Com. Trefelner, seconded by Com. Minix, to adopt Resolution No. 89_~ 43, a resolution granting Preliminary Development Plan Approval for Section II of the Reserve A Planned Unit Development; subject to inclusion of those Conditions Outlined by staff and indicated in Resolution; and call, motion carried unanimously., upon roll Date: 5/23/89 Tape: #1, #2, Commissioners Present: C] Dale Trefe!ner. (Havert L. .Meeting; Com. Jack Krieger Others Present: Dan County Administrator; Dan Management and Budget; Tom Operations; Krista Store Virta, Community Deve!opm Development Manager; Jeff Mal fait, Chief Ri ght.- o f Durbin, Sheriff, s Office; No. It was moved by · Com. Tref~ approve the mi nuEes for the motion carried unanimously. convened: adjourned: 9:10 a.m. 4:52 p.m. ~airman Judy Culpepper; Jim Minix; R. Fenn - Absent - Dallas/Port & Airport - Absent/Illness. ) [cIntyre, county Attorney and Acting Kurek, Asst. County Administrator, Kindred, Asst. CounEy Administrator, ~, Asst. CounTy Attorney; Terry ~nt Director; Dennis Murphy, Land Kettel er, County Engineer; Joseph Y Agent; Hazel Harriman and Susan teen j. McMahon, Deputy Clerk. seconded by Com. Minix, to ~egular Nesting of May 16, 1989; and (m) ~ ~ AD~ Ca~ ~ (3-1350) Reference was made to mem addressed to tho ~ ...... .?randum from Lan __ May 15 ~o~n ~ ~uun~y Administra or d Development Manage , A-~ent' ' ,,~_~=, ~e: "Petition of ~]~.-'--_C°unty Commission d ~ ~"2..~arner & Ass~ociat~ ~_~~y Land and Cat~l~ ~ at~d Sin~l= ~2'~1' Resmdentia.1 _ ~ ~.., ~ng~ _3n Zoning?~ side ~ ~ ~un.ilz,,, for ~-- _ ~ ~**~u uevelonm=n+% _ _,' ~= ~lades Cutoff-aoad~=fJ~f.?f:Y. ~ocated on t~-~r~,+~]'~ Midway Road (Reserve Section III ). Staff proposed that · =mP~uxlma~ely 3 miles s ..... ~"==un uuun oI West Condition No. 5 a. in the Resolution. be reworded to read as follows: "From the point of intersection with Reserve Boulevard to the point of intersection with the westerly Prolongation of the south line of Commercial Tract B south and Prima Vista Boulevard: A four (4) land divided Roadway,,; it was noted tha5 this change will also have an effect on 5 b. The following People were presen~ to speak to this issue: Regina Karner; John Anderson, FDOT. Mr. Anderson took exception to Reserve Blvd. being the access Road at the Interchange of 1-95. Com. Minix made a statement for the record that he appreciates Mr. Anderson, s statement about the desirability of bringing a public road to Glades Cutoff Road and that this would have been the better solution; however, the private developers were spending their money on the interchange and their needs had to be addressed, and although his own desires and that of the County, s were not 100% met at that time, he was in accord in setting the gate which was very important, as well as making the road turn in a natural way. It was, therefore, moved by Corn. Mi nix, Seconded by Com. Trefelner, go adopt Resolution No. 89-144, a resolution granting preliminary Development Plan approval for Section III of The Reserve a Planned Unit Development, amended as outlined by staff; and, upon roll call, motion carried unanimously. COMMISSION REVIEW: May 23, 19~9 RESOLUTION NO.: 89-120 FILE NO.: RZ-89-017 AGENDA ITEM: M E MO RAN D U~ TO: F ROM: DATE: SUBJECT: County Administrator County Commission Land Development Manager May 15, 1989 Petition of Callaway Land and Cattle Co., by Agent: Karner & Associates for a Change in Zoning 'from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial General). On Tuesday, May 23, 1989, you will. be asked to review a petition on behalf of Callaway Land and Cattle.Co., .for a change in zoning from AR-1 to CG, for property located in. the northwest quadrant of the intersection of 1-95 & Prima Vista BOulevard.. The rezoning will permit commercial development in association with The Reserve, Development of Regional Impact. County staff has reviewed this petition and determined it consistent with the Land Development Policies of the St. Lucie County Growth Management Policy Plan. On Thursday, April 27, 1989, the St. LuCie County Planning- and-Zoning Commission held a public hearing on this petition. Mr. John Holcomb presented the petition. After hearing no~ public comment in favor or opposition to the petition, the Planning and Zoning Commission voted unanimously to recommend approval of this petition. Attached, you will find a copy of Draft Resolution $89-120, our original staff report, and the minutes of the April 27, 1989,. Planning and Zoning Commission meeting. If you have any questions on this mat~er, please let us know. Staff recommends approval of Draft Resolution $89.-120. May 15, 1989 Page 2 Subject: Calloway Land and Cattle Co. RZ-89-017 CONCURRENCE: Terr~ L. Virta Development Director DJM/RMS/1 a Attachment RE SERVE 3 (RMS- 8 ) cc: Asst. .Co. Admin. Kindred .County Attorney Regina Karner Commission Secretary Pres s/Publi c TUESDAY ,AGENDA - BOARD OF COUNTY COMMISSIONERS MAY 23. 1989 i:30.P.M. Petition of Callaway Land & Cattle Co., Inc., by Agent: Karner & .Associates, for a change in zoning from AR-1 ~Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) (LoCation: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings-before the Board of-County Commissioners ,are electronically recorded. If a person decides to'a. ppeal 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, and that, for such purpose, he may need to ensure that ~averbatim 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners May 2, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on May 3, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. RZ-89-017 RESERVE P.U.D. SEC< .'ON i~'-2 COMM'ERCIAL'TRACT .~ - NORTH REFERENCING THE REVISED INTERCHANOE BOUNDARY' LINE PARCEL OF LAND LYINO WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST,- ST. LUClE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCE AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D.' AS. DESCRIBED tN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 4~2 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89'45'33' EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'23'09' EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 95.77 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA-POWER AND COMPANY RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504-. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ~OUTH 00~00'11· WE§T ALbNG SAID WESTERLY LINE OF~THE FLORIDA POWERs-AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE''. OF A FLORiDA POWER AND LIGHT COMPANY RIbHT-OF-WAY AS RECORDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY-, ~FLORIDA, A DISTANCE OF ~16;13 FEET TO A POINT OF INTERSECTION' WITH THE PROPOSED WESTERLY RIGHT-OF-JAY OF T~R INTERSTATE- 95' INTERCHANGE PARCEL AS D~.LIJ~LEA~_E~ BY A DESCRIPTION AND MAP OF SURVEY OF ~THE 1-95 INTERCHANGE PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETHAM, ~P,L.S., WITH FLORIDA ICATION NO. 31~9'WITH. THE. ST. LUCIE WEST THOMAS J, WHITE DEVELOPMEN~ CORPORATION, DATED JANUARY 30, 1989, WITH THE FILE NO. 9S-1 THROUGH CONSISTING OF THREE PAGES, WITH LAS~ REVISIONS ON 2-9-89;'THENCE',SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF'WAY LINE TH-E FOLLOWING. COURSES AND DI~STANCES~ .~ AFORESAID POINT OF .INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WMI'CH A RADIAL' LINE BEARS SOUTH ~d7_~4~4'14' EAST,- SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUTH'WES-WES~Y ALONG THE ARC'OF SAID CURVE A DISTANCE OF I75.42 FEET; THROUGH A CENTRAL ANGLE OF 1_6~14~;~ THENCE SOUTH $9~O0'O0".-]~EBT, 4~2.08 FEET TO A POINT OF CURVFTD-~k~ OF'A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET THENCE SOUTHWESTERLY AL'ONG THE ARC,OF SAID CURVE .A DISTANCE OF 233.68 FEET, THROUGH A CENTRAL ANGLE OF 21~32'43' TO THE POINT OF BEGINNING; THENCE ~NTtNUE SOUTHWESTERLY .ALONG THE ARC'OF SAID CURVE'A DISTANCE ! OF 183.10 FEET.; THROUGH A CENTRAL ANGLE OF 16'$2'55'; THENCE SOUTH- 20~34'22'' WEST, 532.11 F~ET 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 A DISTANCE OF '149..35 FEET THROUGH A CENTRA~ ANGLE OF 65'19'11'; THENCE SOUTH 85~$~'.33· WEST, 381.82 FEET; THENCE SOUTH 00"06'27' EAST, 64.23 FEET; 'THENCE SOUTH 89'$3'33"_WEST, 300.00 FEET TO A'POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD' EXTENSION ; THENCE DEPARTINO SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIOHT-OF~WAY LINE THE FOLLOWING COURSES AND DISTANCES; .CONTINUE SOUTH 89~53'33, WEST, 402.58 FEET; THENCE NORTH 76'40'16' WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF $15.59'FEET; THENCE NORTHWESTERLY ALONG THE ARC OF'SAID CURVE A DISTANCE OF 379.64 FEET, THROUOH A CENTRAL ANGLE OF 42'11'20' TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; _THENCE NORTHEASTERLY ALONO THE.ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, THROUGH -~CENTRAL ANGLE OF 86'33'55' TO A POINT ON THE "EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF "LEGENDS DRIVE' AN 80 | FOOT INGRESS AND EGRESS RIGHT-(~F-WAY; THENCE, DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF'. THE PROPOSED 'RESERVE ~OULEVARD.", NORTHEASTERLy ALONG SAID PROPOSED EASTERLY ~IGHT-OFiWAY LINE OF LEGENDS DRIVE"--~-'-~E~ING COURSES AND DISTANCES-~ ~ ' .... ~THENCE NORTH 52'04'59' EAST, 128.01'.FEET TO A POINT OF CURVATURE dF A CURVE CONCAVE TO THE SOUTHEAST,. NAVING A RADIUS OF '812o04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.9I FEET, THROUGH A CENTRAL ANGLE OF 40~1'04" TO A .POINT OF REVERSE CURVATURE OF A CURVE CONCAVETO'T~E NORTHWEST HAVING A RADIUS OF 611..85 FEET; THENCE NORTHEASTERLY ALONG ~HE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET,THROUGH~A' CENTRAL. ANGLE OF 25'~1"$0'~ THENCE NORTH 66'.$4'39' EAST, 405.25 FEET TO A POt. NT OF CURVATURE OF A CURVE .! CONCAVE TO THE SOUTHEAST,' ~AVING A RADIUS OF 735,00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURV~ A DIS~ANC'E OF 249..49 FEET, THROUGH A CENTRAL ANGLE OF ~9'26'$$~.; THENCE NORTH 86s21'33' ' EAST ~-474.55 FEET TO A POINT OF CURVATURE dF A CURVE CONCAV~ TO THE NORTHWEST HAVING A RADIUS OF' 906.59~.FEET; T~ENCE NORTHEASTERLY A~NG THE ARC .OF SAID CURVE A DISTANCk OF 12~.96 FEET THROUGH A CENTRAL ANGLE iOF 07'53'49' ;'' , tHENCE D~PARTING SAID PROPOSED .EASTERLY RI~HT-OF~AY LINE OF 'LEGENDS DRIVE', SOUTH 31'44'36' EAST.il6,67 FEET TO THE POINT OF INTERS.ECTION.~ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE. PARCEL AND THE'POINT'OF BEGINNING CONTAINING 30.82 ACRES MORE OR LESS PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA REGULAR MEETING APRIL 2?, 1989 MINUTES BOARD MEMBERS PRESENT: J. P.'Terpening, Patricia King, Joseph Sciturro, Ken Pruitt, ~Dixon McCain, Robert. Carman, Jo Ann -Allen, Douglas Skidmore, and Ralph Flowers (late - 7:30 P.M.) BOARD MEMBERS ABSENT: None. OTHERS PRESENT: Krista Storey, Assistant County Attorney; Dennis J.- Murphy, Land Development Manager; Chris Bove, Environmental Planner III; and, Dolores Messer, Secretary. TAPES: 1, 2, 3, and 4. PRESS ATTENDANCE: Palm Beach Post INVOCATION: The Invocation was given by Mr. Joseph Sciturro. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led Chairman Terpening. by PUBLIC HEARING-CALLAWAY LAND & CATTLE CO.-FILE NO. RZ-89-017: Petition of Callaway Land and Cattle Co., by Agent: Karner and Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for property located at the northwest quadrant of the intersection of 1-95 and Prima Vista Boulevard. Mr. John Holcomb, President of Callaway Land & Cattle Co., presented the petition. He addressed the subject petition for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General), which property is located in the northwest quadrant of 1-95 and Prima Vista Boulevard. Regarding Staff comments on the requested change to CG, Mr. Murphy said Staff has reviewed the proposed changes and, at this time, had no objection. It is consistent with the Development Order and the Development of Regional Impact. Hearing no public comment in favor of or in opposition to the petition for change to CG, Vice Chairman King closed the - public portion of the hearing. After considering the testimony presented during the public hearing; including Staff.comments and the Standards of Review as set in Section 5.3.300, St. Lucie County .Zoning Ordinance~ .Mr~ Carman made a motion that the Planning and Zoning. Commission recommend that the St. Lucie.County Board of County COmmissioners grant approval to the petition of Callaway Land & Cattle Co. for a change in zoning from AR-'i (Agricultural, Residential ~ 1 du/ac) to CG (Commercial, General). Mr. Flowers seconded the' motion, and upon roll call,.the Board voted unanimously in favor of the motion, with the exception of Mr. Terpening who was out of the room. Vice Chairman King informed the petitioner! s agent ': that the petition will be forwarded to the Board of County Commissioners with a recommendation of approval. 26 Agenda Item: ~ 12 File Number: RZ-89-017 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Zoning Commission Land Development Manager April 24, 1989 Petition of Callaway Land and Cattle Co., by Agent: Karner & Associates, for a Change in Zoning from AR-1 (Agriculture, Residential - 1 du/ac) to CG (Commercial, General). LOCATI ON: EXI STING ZONING: PROPOSED ZONING: EXISTING LAND USE: PARCEL SI PROPOSED USE: SURROUNDING ZONI SURROUNDING LAND USES: FIRE/EMS PROTECTION: WATER/SEWER SERVI CE: Nortwest quadrant of the intersection .of 1-95 & Prima Vista Boulevard. AR-1 (Agricultural, Residential - du/ac). CG (Commercial, General) CG (Commercial, General) 30.82 Acres Commercial development in association with The Reserve, a Development of Regional Impa~t. AR-1 (CT and PUD pending) This property .is directly northwest of the 1-95 and~ Prima Vista interchange, otherwise the parcel is surrounded by undeveloped land. Station ~3 (Prima Vista) is located 3 1/2 miles to the east. On site sewer and water facilities to be provided. April 24, 1989 Page 2 Petition: Callaway Land and Cattle Co. File No.: RZ-8-9-017 STANDARDS FOR REVIEW: In reviewing this application for proposed amendment to the official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of this Ordinance; The proposed change in zoning is consistent with the spirit and intent of the St. Lucie County Ordinance, CG '(Commercial, General) zoning district regulations. Whether the proposed amendment is consistent with all elements of the St. Lucie County Growth Management Policy Plan; The proposed change in zoning is consistent with the St. Lucie County Growth Management Policy Plan.. Whether and the exte.nt to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed change in zoning is compatible With the proposed uses in the area. o Whether and the extent, to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed ~mendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water Supply, parks, drainage, schools, and emergency medical facilities; The proposed development is not expected to place excessive demands on public facilities in this area. April 24, 1989 Page 3 Petition: Callaway Land and Cattle Coo File No. : RZ-89-017 Whether and the extent to which the proposed amendment would result in significant adverse impacts upon the environment. See Comments Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically iden~ifying any negative effects on such pattern; The proposed amendment is compatible with the development policies of the St. Lucie County Growth Management Policy Plan. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Ordinance; The proposed amendment is consistent with the public interest and the St. Lucie County Zoning Ordinance. ' As this Board may recall, in_December of 1988,~ sitting as the Local Planning Agency,. you ~.reviewed a series of Land Use Plan · amendments in conjunction with the review of the Development of Regional Impact application for The Reserve. One of the many Land Use Amendments under consideration at the time involved ~.a 30 acre 'tract of land requested' for a Commercial General land Use Uesignation. This requested 'designation was approved by a unanimous vote of t.hose present in December. Before you now is the-petition of Callaway Land and Cattle Co., 'for a change in zoning from AR-1 to CG, consistent with the land use designation on this property. County staff has reviewed this petition and found it consistent with the standards of review in the St. Lucie County Zoning Ordinance' and St. Lucie County Growth Management Policy Plan, and in broad terms with the approved Development Order for The Reserve, as cited in Resolution 989-73. April 24, 1989 Page 4 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 ST. LUCIE COUNTY WOULD REMIND THE PETITIONER, AND ANY SUBSEQUENT SUCCESSOR THERETO, THAT THE TERMS AND CONDITIONS OF ST.' LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 89- 73, WHICH EFFECT THIS PROPERTY MUST BE COMPLIED WI TH. WE WOULD FURTHER ADVISE THE PETITIONER THAT THE ABOVE CITED RESOLUTION WILL BE RECOMMENDED FOR INCLUSION AS AN ATTACHMENT ONTO ANY APPROVAL RESOLUTION ACTED UPON BY THE BOARD OF COUNTY COMMI SSI ONERS. In a slightly different forwarding action than you are accustomed to, staff has attached a copy of draft Resolution 89- 120, which would grant approval to this requested change in zoning. Staff recommends that you forward draft Resolution 89-120 to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please let us know° DJM/RMS RESV-CGI(RMS-RZ6) cc: County Attorney Karner and Associates RESERVE P.U.D. SEC~fON i~~-i COMMERCIAL TRACT ~ - NORTH REFERENClNO THE REVISED INTERCHANGE BOUNDARY' LINE A PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCE AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D.. AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 4~2 PAGES 667 THROUOH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89~45'33, EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'23'09. EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 95.77 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA-POWER AND ~ COMPANY RIOHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504.. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00~00,11· WE§T A~NG SAIU WESTERLY LINE OF-~..THE FLORIDA POWER. AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN O.R... BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF ~2t~_16;13 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF-Way ~F THE INTERSTATE -.-95' INTERCHANGE PARCEL D~..~.Itt~A~_~ BY A DESCRIPTION AND MAp-OF SURVEY OF THE 1-95 INTERCHANGE - PR.INA VISTA BOULEVARD, PREPARED BY'DAVID W. BETHAM, P.L.S., WITH FLORIDA CERTIFICATION NO. ~199 WITH THE ST. LUCIE'WEST THOMAS J. WHITE DEVELOPMENT CORPORATION,. DA.TED JANUARY SO, 1989, WITH THE FILE NO. 9S-1 THROUGH ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE 'FOLLOWING COURSES AND AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH ~Z7~_44'14" EAST,. SAID CURVE HAVING A RADIUS OF 6.00.50 FEET-, THENCE SOUTH~ES~y ALONG THE ARC OF SAID CHRVE A DISTANCE OF '175.42 FEET; THROUOH A CENTRAL ANGLE OF ~14,, THENCE SOUTH 59'~6~-'-0-0~.~EBT, 462.08 FEET TO A POINT OF ~URV~E7 OF 'A ~UR'VE CON~AV~ TO THE SOUTHEAST WITH A OF 621.42 FEET THENCE SOUTHWESTERLY ALONG THE ARC.OF SAXD CURVE-A DISTANCE OF 233.68 FEET, THROUGH A CENTRAL ANGLE OF 21~S'2'43" TO THE POINT OF THENCE ~NTINUE SOUTHWESTERLY ALONG THE ARC-OF SAID CURVE'A -DISTANCE OF 183.10. FEET; THROUGH A CENTRAL ANGLE OF 16%$2,$$-; THENCE SOUTH- 20~34'22"' WEST, $32.11 FkET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 131.00 FEET; THENCE SOUTHWESTER.LY ALONG THE' ARC OF SAID. CUR~E A DISTANCE OF '149.35 FEET THROUGH A CENTRA~ ANOLE OF 65~19'11.; THENCE SOUTH 85%$B'3S. WEST, 381.82 FEET; THENCE SOUTH 00'06'27" EAST, 64.23 FEET; 'THENCE SOUTH 89'$3'33".WEST, 300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE BOULEVARD" EXTENSION ; DEPARTINO SAID PROPOSED INTERCHANOE PARCEL AND ALONO THE RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; NORTHERLY ANOLE OF 86'33'55" TO A POINT ON C'ONTINUE SOUTH 89'53'33' WEST, 402.58 FEET; THENCE NORTH 76~40'16· WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 51$o$9'FEET; THENCE NORTHWESTERLY ALONG THE ARC OF'SAID CURVE A DISTANCE OF 379.64 FEET, THROUGH A CENTRAL ANGLE OF 42'11'20' TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; .THENCE NORTHEASTERLY ALONO THE .ARC OF SAID CURVE A DISTANCE OF 7.4 54 FEET, THROUON ~--~CENTRAL ' THE -EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION.OF 'LEGENDS DRIVE' AN 80 FOOT INGRESS AND EGRESS RIGHT-dF-WAY; THENCE, DEPARTING .SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERV! :D', NO_~RT~EASTERL3 ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF 'LEGENDS DRIVE~ ~~ING COURSES AND DISTANCES.~ ~{LTHENCE NORTH $2'04'59' EAST, 128,01' FEET TO A POINT OF CURVATURE OF A CUR'VE CONCAVE TO THE SOUTHEAST,. HAVING A RADIUS 0F~"812.04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET, THROUGH- A CENTRAL ANGLE OF 4~%~1-'04. TO A POINT 'OF REVERSE CURVATURE OF A CURVE CONCAVE'TO'THE. NORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHEASTERLY ALONG ~HE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH% A CENTRAL ANGLE-OF 25-'31"$0'; THENCE NORTH 66'$4'3'9' EAST; 405.25 'FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,'. ~AVING A RADIUS OF ~35'.00 FEET;. THENCE NORTHEASTER.LY ALONG THE ARC OF SAID'CURV~ A DISTANC~E~OF 249..49 FEET, THROUGH A CENTRAL ANGLE 0F.~9'26,$5~.1 THENCE NORT~.86~2~'3~, EAST 474.55 FEET' TO A POINT OF CURVATURE dF A CURVE. CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 906,$9..FEET; T~ENCE NORTHEASTERLY A~ONG THE ARC OF SAID CURVE A DISTANCk OF 124.96 FEET THROUGH A CENTRAL ANGLE OF 67'53'49' ; THENCE DEPARTING SAID PROPOSED.EASTERLY RIGHT-OF?~AY LINE OF 'LEGENDS, DRIVE', SOUTH 31'44'36" EAST.il6.67 FEET TO THE P6INT OF INTERSECTION W'ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING CONTAINING 30.82 ACRES MORE OR LESS CURRENT ZONING PUD - RED AR-1 - BLUE RS-2 - GREEN 2?-36-39 / / / AB-I PETITION OF CALLAWAY LAND & CATTLE CO.. INC, BY AGENT: REGtNA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION ~. FROM AR-1 TO CG FUTURE LAND USE SU BLUE RL - RED CG - GREEN CT - ORANGE PETITION OF CALLAWAY LAND & CAI-il_E CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CG 27-36-39 RESOLUTION NO. 89-120 FILE NO.: RZ-89-017 A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie 1. Callaway Land Cattle Company presented a petition for a change in zoning from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial 'General) for .the property described below. 2. The St. Lucie County Planning and-~Zoning Commission; held a public'/hearing on.the~.petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (500') of the subject property, and has recommended that the Board approve the hereinafter described request for change in zoning classification from AR-1 (Agricultura~ 'Residential 1 du/ac) to CG (Commercial General) for the property described below. 3. On May 23rd, 1989, this-Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on May 3., 1989, and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed zoning change is consistent with the St. Lucie County Growth Management Policy Plan and has satisfied the standards of review set out in Section 5.3.300 of the St. Lucie County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as fol 1 ows: SEE ATTACHED owned by Callaway Land & Cattle Company, be and the same. is hereby, changed from AR-! (Agricultural ~Residential 1 du/ac) ~to CG (Commercial General). Bo The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be .made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution° C. Attached as reference and hereby incorporated into the development reviews required for any activit~y on this property is BCC Resolution 89-73, a Development Order for The Reserve, a Development of Regional Impact. After motion and second, the vote on this resolution was as fol 1 ows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix XX PASSED AND DULY ADOPTED this 23rd day of May, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAt RMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 89-120 REZONE(b) TUESDAY .AGENDA - BOARD OF COUNTY COMMISSIONERS MAY 23, 1989 1:30 P.M. Petition of Callaway Land & Cattle Co., Inc., by Agent: Karner & Associates, for a change in zoninG from AR-1 (AGricultural, Residential - 1 du/ac) to CG (Commercial, General) for the followinG described property: (SEE ATTACHED LEGAL DESCRIPTION) (Location: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before 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, and that, 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. Written comments received in advance of the public hearinG will also be considered. Prior to this public hearinG, notice of the same was sent to all adjacent property owners May 2, 1989. LeGal notice was published in the News Tribune, a newspaper of General circulation in St. Lucie County, on May 3, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. RZ-89-017 RESERVE P.U.D. SECTION i~'-i COMMERCIAL TRACT A NORTH REFERENCING THE REVISED INTERCHANGE BOUNDARY3 LINE A PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANOE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS! ~E AT THE NORTHEASTERLY CORNER OF 'THE RESERVE P.U.D.' AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 4%2 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89~45'39' EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.99 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'25'09" EAST, ALONG THE NORTH LINE OF SAID SECTION 2S, A DISTANCE OF FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA.POWER AND COMPANY RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504.. PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA; THENCE SOUTH 00'00'11" WE§T ALONG SAID' WESTERLY LINE OF.~THE FLORIDA POWER' AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LiNE" OF A FLORIDA POWER AND LIGHT COMPANY ' RECORDED IN O.R. B~O' RIGHT-OF-WAY AS . , 0 K 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNIY, FLORIDA, A DISTANCE 0F__8_,_~_%6,18 FEET TO A POINT OF INTERSECTION WITH ~HE PROPOSED WESTERLY RIGHT-OF-W~ INTERSTATE - 95' INTERCHANGE PA AS ~.IB. EA~.E.~ BY A DESCRIPTION AND RCE[ MAP OF SURVEY OF THE 1-95 INTERCHANGE - PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETNAM, P.L.S., WITH FLORIDA CERTIFICATION NO. ~199 WITH THE ST. LUCIE WEST THOMAS j. WHITE DEVELOPMENT CORPORATION, DATED JANUARY SO, ~989, WITH THE FILE NO. 95-1 THROUGH..'95-3 CONSISTING OF THREE PAGES, WITH LAST REVISIONS ON 2-9-89~ THENCE~OUTHWESTERLy ALONG SAID WESTERLY RIGHT,OF.WAy LINE THE FOLLOWING COURSES AND DISTANCES~ AFORESAID POINT OF INTERSECTION BEING-A POINT ON A CURVE CONCAVE- TO - THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH ~J~_'4~4'I4, EAST, SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUTH-WES~y ALQNG THE ARC OF SAID CURVE A DISTANCE OF $75.42 FEETs THROUGH A CENTRAL .ANGLE OF ~~14'; THENCE SOUTH S9'CO-~-'-O~'-W~BT, 462.08 FEET TO A POINT OF CURVFTURk~OF'A CURVE CONCAVE TO TH~ SOUTHEAST WITH A RADIUS ,DF 621.4'2 FEET THENCE SOUTHWESTERLY ALONG THE ARC.OF SAID CURVE A DISTANCE OF 2~S.6S FEET, THROUGH A CENTRAL ANGLE OF 21'~2'4S' TO THE POINT OF BEGINNING; THENCE d~NTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF iSa.lO FEET; THROUGH A' CENTRAL ANGLE OF ~6'$2'55,; THENCE SOUTH 20'S4'22" WEST, $S2.~! FEET TO A POINT OF CURVATURE 'OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF lSl.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID cURVE A DISTANCE OF '149.S5 FEET THROUGH A CENTRAL ANGLE OF 65~19,11,; THENCE SOUTH 8$~$S,SS, WEST, 381.82 FEET; THENCE SOUTH 00'06'27' EAST, 64.2S FEET; 'THENCE SOUTH 89~$S'SS".WEST, SO0.O0 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD' EXTENSION ; DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; CONTINUE SOUTH 89~5S'~3" WEST, 402.58 FEET; THENCE NORTH 76'40'16' .WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF $1$,$9'FEET; THENCE NORTHWESTERLY ALONG THE ARC OF'SAID CURVE A DISTANCE OF S79,64 FEET, THROUGH A CENTRAL ANGLE OF 42'11'20, TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST~ WITH A RADIUS OF 50.00 FEET; .THENCE N(~ .ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, ~GH A CENTRAL ANGLE OF 86'SS'$~., TO A POINT ON THE "EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF "LEGENDS DRIVE" AN 8O tFOOT INGRESS AND EGRESS RIGHT-OF-WAY; ITHENCE, DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE IBOULEVARD ', NO_NO_~RTRT~EASTERL~ ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF 'LEGENDS DRIVE' ~~-E6'~ING COURSES AND DISTANCES. ~i'THENCE NORTH 52~04'$9" EAST, 118.01 FEET TO A POINT OF CURVATURE OF A ~ CURVE CONCAVE TO THE SOUTHEAST,. HAVING A RADIUS OF '8~2,04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE. OF 571.91 FEET, THROUGH A CENTRAL ANGLE OF 40:~1'04" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO'THE NORTHWEST HAVING A RADIUS OF 61t.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH~A CENTRAL AN~LE OF 25'~1'$0'; THENCE NORTH 66'54'39' EAST, 405.25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,'. HAVING A RADIUS OF ?55.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 149..49 FEET, THROUGH A CENTRAL ANGLE OF 19'26'~5,.; THENCE NORTH 86~21'33. EAST 474.55 FEET TO A POINT OF CURVATURE ~.F A CURVE CONCAVE. TO THE NORTHWEST HAVING A RADIUS OF 906.59..FEET; T~ENC~ NORTHEASTERLY A~ONG THE ARC OF SAID CURVE A DISTANCE OF 124.95 FEET THROUGH A CENTRAL ANGLE OF 67'53'49" ; THENCE DEPARTING SAID PROPOSED EASTERLY RIGHT-OFTWAy LINE OF "LEGENDS DRIVE", SOUTH 31'44'36' EAST.il6.67 FEET TO THE POINT OF INTERSECTION W'ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING CONTAINING 30.82 ACRES MORE OR LESS BOARD OF COUNTY DCVCLOPMCNT . . COMMISSIONCRS D IRCCTOR <~% Ma TERRY L. ~R~ y 2, 1989 In compliance with the provisions of the St. Lucie County Zoning Ordinance you are hereby advised that Callaway Land & Cattle Co., Inc., by Agent: Karner & Associates, has petitioned the Board of County Commissioners for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) (Location: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) The Board of County Commissioners will hold a public hearing on this petition at 1:30 P.M. on Tuesday, May 23, 1989 in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. Ail 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 petitioner wishes to allow development of a general commercial area directly northwesterly of the 1-95 interchange that, ~t the present, is under construction. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter con- sidered at such meeting or hearing, he will need a record of the proceedings, and that, 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, these public hearings may be continued from time to time. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Sincerely, BOARD OF COUNTY COMMISSIONERS ST.~LUCIE ~COUNTY, FLORIDA Jud~ Cu~lpep~er, Chairman FILE NO. RZ-89-017 HAVERT h. FENN, District No I · JUDY CULPEPPER District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER. District No. 4 · JIM MINIX District No. 5 County Administrator -- WELDON BE LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-t553 · Code Enforcement: (407) 468-1571 RESERVE P.U.D. SECTION i~'" COMMERCIAL TRACT A - NORTH REFERENCING THE REVISED INTERCHANGE BOUNDARY3 LINE PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCE AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D.' AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 4~2 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89~45'39. EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'29'09' EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 9 5~.77 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA.POWER AND ~ COMPANY RIGHT-OF-WAY, AS RECORDED IN O,R. BOOK 97 PAGE 504. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00~00'11· WE§T ALONG SAID' WESTERLY LINE OF ~.THE FLORIDA POWER-AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN O.R. BO0~ 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE cOUNTY, FLORIDA, A DISTANCE 0F2:_._~.13 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY R'IGHT-OF-WA~ INTERSTATE - 95 INTERCHANGE PARCEL AS ~...~oEA.~.E_~ BY A DESCRIPTION AND MAP OF SURVEY OF THE 1-95 INTERCHANGE PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETHAM, P.L,S,, WITH FLORIDA CERTIFICATION NO. 9199 WITH THE ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED JANUARY 90, 1989, WITH THE FILE NO. 95-1 THROUGH 95-3 G OF THREE PAGES, WITH LAST REVISIONS ON 2-9-89; THENCE~OUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES~ .~ AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH ~J~/_'34,14. EAST, SAID CURVE HAVING A RADIUS OF 600.S0 FEET, THENCE SOUTH-~kS-~-~y ALONG THE ARC OF SAID CURVE A DISTANCE OF 175.42 FEET; THROUGH A CENTRAL ANGLE OF 1_(~2_~4'14'; THENCE SO. UTH 59~,-O~'iWRBT, 462.08 FEET TO A POINT OF CURV-'~-~-T~-~ OF'A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET THENCE SOUTHWESTERLY ALONG THE ARC.OF SAID CUR~E A DISTANCE OF 239.68 FEET, THROUOH A CENTRAL ANGLE OF 21~2'43' TO THE POINT OF BEGINNING; THENCE ~NTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF lSd.lO FEET; THROUGH A CENTRAL ANGLE OF 16'52'55'; THENCE SOUTH 20'34'22' WEST, ~32.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 191.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF '149.35 FEET THROUGH A CENTRAL ANGLE OF 65~19'11.; THENCE SOUTH 85~$3'~, WEST, 381.82 FEET; THENCE SOUTH 00'06'27" EAST, 64.23 FEET; THENCE SOUTH 99'53'33' WEST, 300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD' EXTENSION ; TH~NC]~ DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIGHT'-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; CONTINUE SOUTH S9~53'33" WEST, 402.58 FEET; THENCE NORTH 76~40'16' WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF $1$.~9'FEET; THENCE NORTHWESTERLY ALONG THE ARC OF'SAID CURVE A DISTANCE OF 379.64 FEET, THROUGH A CENTRAL ANGLE OF 42'1~'20" TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; .THENCE NORTHEASTER~L~ ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, THROUGH ~-~-~CENTRAL ANGLE OF 86'99'55' TO A POINT ON THE ~'EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF #LEGENDS DRIVE' AN 80 % FOOT INGRESS AND EGRESS RIGHT-OF-WAY; THENCE, DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD,, NO__~RT~STERL~ ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF 'LEGENDS DRIVE" ~~ING COURSES AND DISTANCES~ ~{L-THENCE ' ~' NORTH 52'04'59' EAST, 128.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,. HAVXN~ A RADIUS OF '811.04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571,91 FEET, THROUGH A CENTRAL ANGLE OF 40:~1'04" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO'THE. NORTHWEST HAVING A RADIUS OF 6!11.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DiISTANCE OF 272.57 FEET, THROU~H~ A CENTRAL ANSLE OF 25'~1'$0'; THENCE NORTH 66'54'39' EAST, 405.25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,' HAVING A RADIUS OF ?$$.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 149..49 FEET, THROUGH A CENTRAL ANGLE 0F.!9'26'55".; THENCE NORT~ 86~21'33' EAST - 474.55 FEET TO A POINT OF CURVATURE dF A CURVE CONCAVE TO THE NORTHWEST NAVING A RADIUS OF 906.~9..FEET; T~ENCE NORTHEASTERLY A~ONG THE ARC :OF SAID CURVE A DISTANCE OF 124,96 FEET THROUOH A CENTRAL ANGLE OF ~7'53'49" ; ~ THENCE DEPARTING SAID PROPOSED EASTERLY RIGHT-OFTWAy LINE OF 'LEGENDS 'DRIVE', SOUTH 31'44'36' EAST .i16.67 FEET TO THE POINT OF INTERSECTION W'ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING CONTAINING 30.82 ACRES MORE OR LESS N O T I C E NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners in and for St. Lucie County, Florida, will at 1:30 P.M. on Tuesday, May 23, 1989, in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida hold a public hearing on: Petition of Callaway Land & Cattle Co., Inc., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) (Location: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) All interested persons will be given an opportunity to be heard at this time. Written comments received in advance of the public hearing will also be considered. Please note that all proceedings before %he Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter con- sidered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record ±ncludes 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, these public hearings may be continued from time to time. Dated this 1st day of May, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/' Judy Culpepper, Chairman PI~LISH: MAY 3, 1989 RESERVE P.U.D, SECTION ii'" COMMERCIAL TRACT A - NORTH REFERENCIN~ THE REVISED INTERCHANGE BOUNDARY~ LINE A PARCEL OF LAND ~L¥INO WITHIN SECTION 27, TOWNSHIP 96 SOUTH, RANGE 59 EAST ST. LUClE COUNTY, FLORIDA,~.MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCE AT THE ~THEASTERLY;CORNER OF "THE RESERVE P.U.D." AS DESCRIBED RESOLUTION NO. '8~-t2.9 .AND RECORDED IN O.R. BOOR 4%2 PAGES 667 THROUGH 67 PUBLIC RECORDS OF ~?. LUCiE~COUN.TY,- FLORIDA, LYING ON THE NORTH LINE OF SECTION 22; THENC~ ~OUTH 89~5'~, EAST~ ALONG SAID NORTH LINE OF SECTION 22 A DISTANCE OF 984.9~ FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENC NORTH 89~29'09· ALONG THE NORTH LINE OF SAID SECTION 2~, A DISTANCE 0 95.77 FEET ~0 THE ~NTERSECTION WITH THE WESTERLY LINE OF A FLORIDA.POWER AN COMPANY RI~T~OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504. PUBLI RECORDS OF ST~ LU~E COUNTY, FLORIDA; THENCE SOUTH 00~00'1~· WE~T AL~NG WESTERLY LINE OF THE'FLORIDA POWER' AND LIOHT COMPANY RIGHT-OF-WAY, AN ALSO THE WEST OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY A RECORDED INi O.R. B~O~ ~20~ PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUC~ COUNTY, FLORIDA, DIsTA~E~OF..8,~_!6,~$ FEET TO A POINT OF INTERSECTION WIT} THE PROPOSED WES RIGHT'OF-WAY ~F Ti%~E INTERSTATE - 95' INTERCHANGE PARCE AS ~L.I/J~A~ BY a DESCRIPTION AND MAP OF SURVEY OF THE 2-95 INTERCHANGE PRIMA VISTA BOULE:~D, PREPARED BY DAVID W~ BETHAM, P.L.S., WITH FLORID CERTIFICATION NO. $199 WITH THE ST. LUCIE WEST THOMAS J. WHITE DEVELOPMEN' CORPORATION, DATE~D JANUARY SO, 1989, WITH THE FILE NO. 9S-1 THROUGH 95- CONSISTINO OF TH.~ ~A~ES. WITH LAST REViSIOnS ON ~-~-~, THENCE.~~TERL ALONG SAID WESTER~ ~I~H~-OF-WAY LINE TH-E FOLLOWING COURSES AND DIS~ANCE~,, AFOR~SAi~ ~e~? OF INTERSECTION BEIN~ A POINT ON ^ CURVE CONCAVE TO THE ~OR~HWE~?- TO WHICH A RADIAL LINE ~EARS SOUTH ~__~'~. EAST, SAID CURVE H~ A RADIUS OF 600.50 FEET, THENCE SOUT~W-E-~-T-k"]tLY ALONG THE ARC OF S~ CURVE A DISTANCE OF 175.42 FEET; THROUOH A CENTRAL .ANGLE OF THENCE SOUTH 59~-6'~O~".~EBT, 462.0S FEET TO A POINT OF F A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS 'OF 62~.42 THENCE~SOUTHWESTERLY ALONO THE ARC.OF SAID CURVE A DISTANCE OF ,68 FEET, THROUGH A CENTRAL ANGLE OF 21~B2'43" TO THE POINT OF THENCE d~NT SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF lSd.lO ~THROUGH A CENTRAL ANGLE OF 16'$2'55"; THENCE SOUTH 20~4'22' ,$$2.11 F~ET TO A POINT OF CURVATURE OF A CURVE CONCAV~ TO NORTHWEST HAVING A RADIUS OF 1~1.00 FEET; THENCE SOUTHWESTERL~ THE ARC OF SAID CURVE A DISTANCE OF '149.~5 FEET THROUGH A AN~LE OF 65~19'11~; THENCE SOUTH 85~$~'$S, WEST, 381.82 FEET; TWENCE SOUTH 00'06'27" EAST, 64.2S FEET; THENCE SOUTH 89~$~'$~".WEST~, ~00.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPO~E~ ~REBERVE BOULEVARD" EXTENSION ; ~NCE DEPARTIN~ ~i~AID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERL~ RIGHT~-OF-WAY LINE TWE FOLLOWIN~ COURSES AND DISTANCES; CONTINUE SOUTH $9~55.,~S. WEST,.. 402.58 FEET; THENCE NORTH 76'4b'16' WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTREAST, HAV~ A RADIUS OF 515.59'FEET; THENCE NORTHWESTERLY ALONG T}{E ARC OF'SAID' CURVE A DISTANCE OF S79.64 FEET, THROUGH A CENTRAL ANGLE OF 42~1'20~ TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO TWE EAST~ WITH A RADIUS OF 50.00 FEET; THENCE NORTHE~STE~L~ ALONG THE ARC OF SAID CURVE A DISTANCE OF ?4.54 FEET, ~-~ROUG~ ~'---~CENTRAL ANGLE OF 86'33'$$" TO A POINT ~ON THE '-EASTERLY' RIGHT-OF-WAY LINE 'OF' T'HE~PROPOSED EXTENSION OF "LEGENDS DRIVE" AN 80 FOOT INGRESS AN~ EGRESS RIGHT-dF-WAY; ' ITNENCE, DEPARTING S~t~ NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE IBOULEVARD., N__O_O_R_R~ .ALON~ SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF 'LEGENDS DRIVE; 'T~~-~ING.~COURSES~AND DISTANCESI · ' ~-THENCE '' ' NORTH 52'04:'$9. EAST, 128,01 FEET TO A POINT OF CURVATURE OF A ~ CURVE CONCAVE TO'THE SOUTHEAST,. HAVING A RADIUS OF '812,04 FEET~ "' ' THENCE NoRTHEASTErLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571,91 FEET, THROUGH A CENTRAL ANGLE OF 40:~I'04· TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO'THE NORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH~. A CENTRAL AN~LE OF 25'$1'$0'; THENCE NORTH 66'$4'39' EAST, 405,25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,' HAVING A RADIUS OF 755,00 FEET; THENCE NORTHEASTERLY ASONG THE ARC OF SAiD CURVE A DISTANCE OF 249.49 FEET, THROUGH A CENTRAL ANGLE OF ~9'26'55".; THENCE NORTH 86'2~'~3" EAST - 474.55 FEET TO A POINT OF CURVATURE dF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 906.~9.FEET; T~ENCE NORTHEASTERLY A~ONG THE ARC .OF SAID CURVE A DISTANCE OF 124,96 FEET THROUGH A CENTRAL ANGLE OF 07~53,49· ; THENCE DEPARTING SAID PROPOSED EASTERLY RIGHT-OFrWAy LINE OF "LEGEND'S DRIVE', souTH 31'44'36" EAST.il6.67 FEET TO THE POINT OF INTERSECTION W'ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING CONTAINING 30~82 ACRES MORE OR LESS MEMORANDUM TO: Assistant County Administrator FROM: Development Director DATE: April 26, 1989 SUBJECT: Request for Hearing Date Please place on the agenda for Tuesday, May 2, 1989, a for permission to advertise the following petitions for on the date set forth: request hearing BCC HEARING DATE: MAY 23. 1989 Petition of Cleo Stern (Trustee), for a change in zoning from AG (Agricultural) to CG (Commercial, General) and IL (Industrial, Light). Petition of Richard Long, by Agent: Mark Benton, for a Conditional Use Permit to operate a package store for the retail sale of liquor in a CG (Commercial, General) Zoning District. Petition of Agri-Bin, Inc., by Agent: Tom McFrederick, for a Conditional Use Permit to authorize t~ manufacture of wood produCts (wood boxes) in an IL (Industrial, Light) Zoning District. Petition of American Financial Life Insurance Co., by Agent: Genevieve L. Jackson, for a change in zoning from 'AR-1 (Agricultural, Residential - 1 du/ac) to RS-2 (Residential, Single Family - 2 du/ac). Petition of Sid and Monica Nathanson for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to RS-2 (Residential, Single Family - 2 du/ac). Petition of United Land Ventures, Inc. for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to RS-2 (Residential, Single Family - 2 du/ac). Petition of Elizabeth J. Walker, by Agent: James K. Jones, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to RS-2 (Residential, Single Family - 2 du/ac). Petition of STS Properties, by Agent: Robert V. Schwerer, Esquire, to amend the Future Land Use Maps of the St. Lucia County Growth Management Policy Plan from RL (Low Density Residential Development) to CG (General Commercial Development). Petition of STS Properties, by Agent: Robert V. Schwerer, Esquire, for a change in zoning from RM-5 (Residential, Multiple Family - 5 du/ac) to CG (Commercial, General). 10. Petition of~Callaway Land & Cattle Co., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General). 11. Petition of Callaway Land & Cattle Co., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - t du/ac) to CT (Commercial, Tourist). 12. Petition of Callaway Land & Cattle Co., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) and PUD (Planned Unit Development) to PUD (Planned Unit Development) - The Reserve, Section II. 13. Petition of Callaway Land & Cattle Co., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) and RS-2 (Residential, Single 'Family - 2 du/ac) to PUD (Planned Unit Development) - The Reserve, Section III. 14. Petition of Mick Satur (Ft. Pierce Business Park) change in zoning from IH (Industrial, Heavy) (Planned Non-Residential Development). for a to PNRD cc: County Administrator Agenda Item: File Number: % 12 RZ-89-017 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Zoning Commission Land Development Manager April 24, 1989 Petition of Callaway Land and Cattle Co., by Agent: Karner & Associates, for a Change in Zoning from AR-1 (Agriculture, Residential - 1 du/ac) to CG (Commercial, General). LOCATION: EXI STING ZONING: PROPOSED ZONING: EXISTING LAND USE: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FI RE/EMS PROTECTION: WATER/SEWER SERVICE: Nortwest quadrant of the intersection of 1-95 & Prima Vista Boulevard. AR-1 (Agricultural, du/ac). Residential CG (Commercial, General) CG (Commercial, General ) 30.82 Acres Commercial development in association with The Reserve, a Development of Regional Impact. AR-1 (CT and PUD pending) This property is directly northwest of the 1-95 and Prima Vista interchange, otherwise the parcel is surrounded by undeveloped land. Station ~3 (Prima Vista) is located 3 1./2 miles to the east. On site sewer and water facilities to be provided. April 24, 1989 Page 2 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 STANDARDS FOR REVIEW: In reviewing this application for proposed amendment to the official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of this Ordinance; The proposed change in zoning is con~istent with the spirit and intent of the St. Lucie County Ordinance, CG '(Commercial, General ) zoning district regulations. Whether the proposed amendment is consistent with all elements of the St. Lucie County Growth Management Policy Plan; The proposed change in zoning is consistent with the St. Lucie County Growth Management Policy Plan. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed change in zoning is compatible with the proposed uses in the area. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; The proposed development is not expected to place excessive demands on public facilities in this area. .April 24, 1989 Page 3 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 Whether and the extent to which the proposed amendment would result in significant adverse impacts upon the environment. See Comments Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; The proposed amendment is compatible .with the development policies of the St. Lucie County Growth Management Policy Plan. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Ordinance; The proposed amendment is consistent with the public interest and the St. Lucie County Zoning Ordinance. As this Board may recall, in December of 1.988,. sitting as the Local Planning Agency,. you reviewed a series of Land Use Plan amendments in conjunction with the review of the Development of Regional Impact application for The Reserve. One of the many Land Use Amendments under consideration at the time involved a 30 acre tract of land requested for a Commercial General land Use D'esign~ation. This requested designation was approved by a unanimous vote of those present in December. Before you now is the petition of Callaway Land and Cattle Co., for a change in zoning from AR-1 to CG, consistent with the land use designation on this property. County staff has reviewed this petition and found it consistent with the standards of review in the St. Lucie County Zoning Ordinance and St. Lucie County Growth Management Policy Plan, and in broad terms with the approved Development Order for The Reserve, as cited in Resolution ~89-73. April 24, 1989 Page 4 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 ST. LUCIE COUNTY WOULD REMIND THE PETITIONER, AND ANY SUBSEQUENT SUCCESSOR THERETO, THAT THE TERMS AND CONDITIONS OF ST.' LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 89- 73, WHICH EFFECT THIS PROPERTY MUST BE COMPLIED WITH. WE WOULD FURTHER ADVISE THE PETITIONER THAT THE ABOVE CITED RESOLUTION WILL BE RECOMMENDED FOR INCLUSION AS AN ATTACHMENT ONTO ANY APPROVAL RE SOLUTI ON ACTED UPON BY THE BOARD OF COUNTY COMMI SSI ONERS. In a slightly different forwarding action than you are accustomed to, staff has attached a copy of draft Resolution 89- 120, which would grant approval to this requested change in zoning. Staff recommends that you forward draft Resolution 89-120 to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please let us know. DJM/RMS RESV-CGI(RMS-RZ6) cc: County Attorney Karner and Associates RESOLUTION NO4 89-120 FILE NO.: RZ-89-017 A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie 1. Callaway Land Cattle Company presented a petition for a change in zoning from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General) for the property described below. 2. The St. LuCie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (500') of the subject property, and has recommended that the Board approve/deny the hereinafter described request for change in zoning classification from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General) for the property described below. 3. On , 19 , this Board held a public heating'on the petition, after publishing~a notice of such hearing in the Fort Pierce News Tribune on and notifying by mail all owners of property within 500 feet o~ the subject property. 4. The proposed zoning change is consistent with the St. Lucie County Growth Management Policy Plan and has satisfied the standards of review set out in Section 5.3.300 of the St. Lucie County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as follows: SEE ATTACHED owned by , be and the same is hereby, changed from AR-I (Agricultural Residential 1 du/ac) to CG (Commercial General). B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. C. Attached as reference and hereby incorporated into the development reviews required for any activity on this property is BCC Resolution 89-73, a Development Order for The Reserve, a Development of Regional Impact. After motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix PASSED AND DULY ADOPTED this · 1989. day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: ORD89-120 REZONE(B) COUNTY ATTORNEY THURSDAY APRIL 27. 1989 AGENDA - PLANNING AND ZONING COMMISSION 7:00 P.M. Petition of Callaway Land & Cattle Co., Inc., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) (Location: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) Please note that all proceedings before the Planning and Zoning .Commission are electronically recorded. If a person de- cides~to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, 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 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners April 4, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on April 5, 1989. FILE NO. RZ-89-017 RESERVE P.U.D. SECTION ii' COMMERCIAL TRACT ~A - NORTH REFERENCING THE REVISED INTERCHANGE BOUNDARY: LINE ~ PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST,' ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COHHENCE AT THE NORTHEASTERLY CORNER OF 'THE RESERVE P.U.D." AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 442 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89"45'33, EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.'93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89~23'09. EAST, ALONG THE NORTH LINE OF SAID SECTION 2:3, A DISTANCE OF 95.77' FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA.POWER AND COMPANY RIGHT-OF-WAY, AS RECORDED IN O,R. BOOK 97 PAGE 504._ PUBLIC )RDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00"00'11, WE~T A~NG SAID' WESTERLY LINE OF--~..THE FLORIDA POWER-AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RfGHT-OF-WAY AS RECORDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE 0F._8_~_16;13 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIgHT-OF-WAy ~F: THE INTERSTATE - 95' INTERCHANGE PARCEL AS D~E.~.~_E~ BY A DESCRIPTION. AND MAP OF SURVEY OF THE X-95 INTERCHANGE - PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETHAM, P.L.S., WITH FLORIDA TIFICATI.O*N NO. 3199 WITH THE ST. LUCIE WEST THOMAS J. WHITE DEVELOPMENT CORPORATION, DATED JANUARY 30, 1989, WITH THE FILE NO, 95-1 THROUGH .95.~3 CONSISTING OF THREE PAGES, WITH LAST REVISIONS ON 2-9-89; THENCE SOUTHWE.STERL__Y ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND ~ISTANCES~ ~ ~ AFORESAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADXAL LINE BEARS SOUTH ~J_/44'14" EAST, SAID CURVE HAVING A RADIUS OF 600,50 FEET, THENCE SOUT~ES~-f~y ALONG THE ARC OF SAID CURVE A DISTANCE OF ~75.42 FEET; THROUGH A CENTRAL ANGLE OF ~1_~_4~j THENCE SOUTH S9~O'6-~-O-O~EBT, 462.08 FEET TO A POINT OF ~URVKTI~R-~. OF~A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET THENCE SOUTHWESTERLY ALONG THE ARC.OF SAID CURVE .A DISTANCE OF 233.68 FEET, THROUGH A CENTRAL ANGLE OF 21~32'43. TO THE POINT OF BEGINNING; : THENCE d~NTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE'A DISTANCE OF 183.10 FEET; THROUGH A CENTRAL ANGLE OF 16~$2'35'; THENCE SOUTH- 20~34'22' WEST, ~32.11 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 A DISTANCE OF I49.35 FEET THROUGH A CENTRAL ANGLE OF 65~19'11'; THENCE SOUTH 85~$3'33' WEST, 381.82 FEET; THENCE SOUTH 00'06'27" EAST, 64.23 FEET; 'THENCE SOUTH 89~53'33'-WEST, 300.00 FEET TO A'POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD" EXTENSION ; ~H~NCE DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; CONTINUE SOUTH 89'53'33' WEST, 402.58 FEET; THENCE NORTH 76~40'16' WE~T, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO T~E NORTHEAST, HAVING A RADIUS OF $15.59'FEET; THENCE NORTHWESTERLY ALON~ THE ARC OF'SAID CURVE A DISTANCE OF 379.64 FEET, THROUGH A CENTRAL ANGLE OF 42'11'20· TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; .THENCE N~ORTHEASTERLY ALONG THE ARO OF SAID CURVE A DISTANCE OF 74 54 FEET, THROUGH ~-~-~CENTRAL ' ANGLE OF 86'33'55" TO A POINT ON THE "EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF 'LEGENDS DRIVE' AN 80 % FOOT INGRESS AND EGRESS RIGHT-dF-WAY; ~ , ~EPARTING SAID NORTHERLY RIGHT-OF-WAY OF' THE PROPOSED 'RESERVE BOULEVARD , NOR~H~ASTERLY ALONG SAID PROPOSED ~ ~,--~--~,---~~ EASTERLY RIGHT-OF-WAY LINE OF ~, DRIVE ~E--FD~-OWING COURSES AND DISTANCES.I ~{LTHENCE NORTH $2'04'59" EAST, 128,01 FEET' TO A POINT' OF CURVATURE dF A CURVE CONCAVE TO THE SOUTHEAST,. HAVING A RADIUS 0F~"812,04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.9I FEET, THROUGH A CENTRAL ANGLE OF 40:~1'04" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO'THE NORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID' CURVE A DISTANCE OF 272.57 FEET, THROUGH~A CENTRAL AN~LE OF 25'3~'30'; THENCE NORTH 66'54'39' EAST, 405,2~ FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE S,OUTHEAST,' HAVING A-RADIUS OF T$S'.O0 FEET; THENCE ' i NORTHEASTERLY ALONG THE ARC OF SAiD CURV~ A DISTANc. E OF 249,49 FEET, THROUGH A CENTRAL ANGLE OF ~9'26'$5,.; THENCE NORTH 86~2~'~3· EAST 474.55 FEET TO A POINT OF CURVATURE dF A CURVE CONCAVE TO THE NORTHWEST ~AVING A RADIUS OF 906.$9.FEET; THENC~ NORTHEASTERLY A~ONG THE ARC .OF SAID CURVE A DISTANCE dF 124.96'FEET THROUGH A CENTRAL ANGLE OF 07'53'49. ; · THENCE D~PARTtNG SAID PROPOSED EASTERLY RIGHT-OFTWAy LINE OF 'LEGENDS DRIVE', SOUTH 31'44'36. EAST.il6.67 FEET TO THE POINT OF INTERSECTION W'ITH THE AFORE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING CONTAINING 30.82 ACRES MORE OR LESS CURRENT ZONING PUD - RED AR-1 - BLUE RS-2 - GREEN 27-36-39 PETITION OF CALLAWAY LAND & CATTLE CO., INC. BY AGENT: REGINA KARNER~ P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION .~ FROM AR-1 TO CG ~UL[URE LAND USE SU - BLUE RL - RED CG - GREEN CT - ORANGE 27-36-39 L PETITION OF CALLAWAY LAND & CATTLE CO.J INC. BY AGENT: REGINA KARNERJ P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CG Agenda Item: ~ 12 File Number: RZ-89-017 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Zoning Commission Land Development Manager April 24, 1989 Petition of Callaway Land and Cattle Co., by Agent: Karner & Associates, for a Change in Zoning from AR-1 (Agriculture, Residential - 1 du/ac) to CG (Commercial, General). LOCATI ON: EEI STING ZONING: PROPOSED ZONING: EXISTING LAND USE: PARCEL SI PROPOSED USE: S URROUNDI NG ZONING: SURROUNDING LAND USES: FI RE/EMS PROTECTION: WATER/SEWER SERVICE: Nortwest quadrant of the intersection of 1-95 & Prima Vista Boulevard. AR-1 (Agricultural, Residential - du/ac). CG (Commercial, General) CG (Commercial, General) 30.82 Acres Commercial development in association with The Reserve, a Development of Regional Impact. AR-1 (CT and PUD pending) This property is directly northwest of the 1-95 and Prima Vista interchange, otherwise the parcel is surrounded by undeveloped land. Station %3 (Prima Vista) is located 3 I/2 miles to the east. On site sewer and water facilities to be provided. April 24, 1989 Page 2 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 STANDARDS FOR REVIEW: In reviewing this application for proposed amendment to the Official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of this Ordinance; The proposed change in zoning is consistent with the spirit and intent of the St. Lucie County Ordinance, CG ~(Commerci al, General) zoning district regulations. Whether the proposed amendment is consistent with all elements of the St. Lucie County Growth Management Policy Plan; The proposed change in zoning is consistent with the St. Lucie County Growth Management Policy Plan. ¸. Whether and the extent to which the proposed amendment is inconsistent with existing and p=oposed land uses; The proposed change in zoning is compatible with the proposed uses in the area. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; The proposed development is not expected to place excessive demands on public facilities in this area. April 24, 1989 Page 3 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 Whether and the extent to which the proposed amendment would result in significant adverse impacts upon the environment. See Comments Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; The proposed amendment is compatible with the development policies of the St. Lucie County Growth Management Policy Plan. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Ordinance; The proposed amendment is consistent with the public interest and the St. Lucie County Zoning Ordinance. COMMENTS As this Board may recall, in December of 1988, sitting as the Local Planning Agency, you reviewed a series of Land Use Plan amendments in conjunction with the review of the Development of Regional Impact application for The Reserve. One of the many Land Use Amendments under consideration at the time involved a 30 acre tract of land requested for a Commercial General land Use Designation. This requested designation was approved by a unanimous vote of those present in December. Before you now is the petition of Callaway Land and Cattle Co., for a change in zoning from AR-1 to CG, consistent with the land use designation on this property. County staff has reviewed this petition and found it consistent with the standards of review in the St. Lucie County Zoning Ordinance and St. Lucie County Growth Management Policy Plan, and in broad terms with the approved Development Order for The Reserve, as cited in Resolution ~89-73. April 24, 1989 ]Page 4 Petition: Callaway Land and Cattle Co. File No.: RZ-89-017 ST. LUCIE COUNTY WOULD REMIND THE PETITIONER, AND ANY SUBSEQUENT SUCCESSOR THERETO, THAT THE TERMS AND CONDITIONS OF ST. LUCIE COUNTY BOARD OF COUNT~ COMMISSIONERS RESOLUTION NO. 89- 73, WHICH EFFECT THIS PROPERTY MUST BE COMPLIED WITH. WE WOULD FURTHER ADVISE THE PETITIONER THAT THE ABOVE CITED RESOLUTION WILL BE RECOMMENDED FOR INCLUSION AS AN ATTACHMENT ONTO ANY APPROVAL RE SOLUTI ON ACTED UPON BY THE BOARD OF COUNT~ C OMMI S SI ONE RS. In a slightly different forwarding action than you are accustomed to, staff has attached a copy of draft Resolution 89- 120, which would grant approval to this requested change in zoning. Staff recommends that you forward draft Resolution 89-120 to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please let us know. DJM/RMS RESV-CGi(RMS-RZ6) cc: County Attorney Karner and Associates RESOLUTION NO. 89-120 FILE NO.: RZ-89-017 A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie 1. Callaway Land Cattle Company presented a petition for a change in zoning from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General) for the property described below. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (500') of the subject property, and has recommended that the Board approve/deny the hereinafter described request for change in zoning classification from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General) for the property described below. 3. On , 19 , this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on , and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed zoning change is consistent with the St. Lucie County Growth Management Policy Plan and has satisfied the standards of review set out in Section 5.3.300 of the St. Lucie County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as f ol 1 ows: SEE ATTACHED owned by , be and the same is hereby, changed from AR-1 (Agricultural Residential 1 du/ac) to CG (Commercial General). B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. C. Attached as reference and hereby incorporated into the development reviews required for any activity on this property is BCC Resolution 89-73, a Development Order for The Reserve, a Development of Regional Impact. After motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix PAS S ED AND D~LY ADOPTED this , i989. day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCI E COUNTY, FLORI DA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: ORD89-120 REZONE(B) COUNTY ATTORNEY AGENDA - PLANNING AND ZONING COMMISSION THURSDAY APRIL 27, 1989 7:00 P.M. Petition of Callaway Land & Cattle Co., Inc., Karner & Associates, for a change in zoning by Agent: from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial, General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) (Location: Southeast side of Glades Cut-Off Road, approximately 3 miles south of West Midway Road) Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person de- cides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, 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 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners April 4, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on April 5, 1989. FILE NO. RZ-89-017 RESERVE P.U.D. SECTION ~"i COMMERCIAL TRACT A - NORTH REFERENCING THE REVISED INTERCHANGE BOUNDARY~ LINE A PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWSI COMMENCE AT THE NORTHEASTERLY CORNER OF 'THE RESERVE P.U.D.' AS DESCRIBED IN RESOLUTION NO. 84-1%9 AND RECORDED IN O.R. BOOK 4%2 PAGES 667 THROUGH 672 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89~45'33" EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89'23'09' EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 95.77 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA.POWER AND ~ COMPANY RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 97 PAGE 504-. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00~00'11' WE~T ALONG SAID WESTERLY LINE OF'-~iTHE FLORIDA POWER' AND LIGHT COMPANY RIGHT-OF'WAY, AND ALSO. THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RI~HT-OF-WAY AS RECOKDED IN O.R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCI] COUNTY, FLORIDA, A DISTANCE 0F..8_,_~_!6,15 FEET TO A POINT OF INTERSECTION WIT~ THE PROPOSED WESTERLY RiIGHT-OF-~AY ~F THE INTERSTATE - 95 INTERCH~NOE PARCEL AS ~L.._II~A~ BY A DESCRIPTION AND MAP OF SURVEY OF THE 1-95 INTERCHANGE - PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETHAM, P.L.S., WITH FLORIDA . LUCIE WEST THOMAS J. WHITE DEVELOPMENT CERTIFICATION NO. $199 WITH THE ST989,~ CORPORATION, DATED JANUARY 30 LAST REVISIONS WITH THE ON FIL2,9 89; THENCE souTHWESTERLy CONSISTING OF THREE P;AGES~ WITH' ~ NO, 95-1 THROUGH ALONG SAID WESTERLY RIiGHT OF-WAY LINE THE FOLLOWING COURSES AND ~iSTANCES~. AFORESAID POINT.OF INTERSECTION BEING A PO/NT ON A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH ~J,~_'34'14" EAST, SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUT~WkS-~TAqTLY ALONG THE ARC OF SAID CURVE a DISTANCE OF 175.42 FEET; THROUGH A CENTRAL ANGLE OF :1J~44'~4"; THENCE SOUTH SP~O-6-~O-'~'.-WRBT, 462.08 FEET TO A POINT OF 'A CURVE CONCAVE TO SOUTHEAST WITH A RADIUS OF 621.42 FEET :T~HENCE SOUTHWESTERLY ALONG THE ARC .OF SAID CURVE ~A DISTANCE OF 233.68 FEET, THROUGH A CENTRAL ANGLE OF 21'~2'43" TO : THE POINT OF BEGINNING; THENCE d~NTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE'A DISTANCE OF 183.10 FEET; THROUGH A CENTRAL ANGLE OF ~6t52'55.; THENCE SOUTH- 20~34'22" 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 A DISTANCE OF '149.35 FEET THROUOH A CENTRAL ANOLE OF 65'19'11"; THENCE SOUTH 85~$3'33' WEST, 381.82 FEET; THENCE SOUTH 00'06'27' EAST, 64.2~ FEET; THENCE SOUTH 89'L3'33'.WEST, 300.00 FEET TO A POINT ON THE NORTHERLY RIOHT-OF-WAY OF THE PROPOSED 'RESERVE BOULEVARD" EXTENSION ; TRENCE DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; CONTINUE SOUTH 89~5~'33. WEST, 402.58 FEET; THENCE NORTH 76~40'16· WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF SlS.SP'FEET; THENCE NORTHWESTERLY ALONG THE ARC OF'SAID CURVE A DISTANCE OF 379.64 FEET, THROUGH A CENTRAL ANGLE OF 42'11'20' TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST, WITH A RADIUS OF 50.00 FEET; .THENCE NORTHEASTE.R~ ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, !~HROU~H A CENTRAL ANGLE OF 86'33'55' TO A POINT ON THE "EASTERLY RIGHT-OF-WAY LINE OF THE PROP(1SED EXTENSION OF 'LEGENDS DRIVE' AN SO % FOOT INGRESS AND EGRESS RIGHT-OF-WAY; , ~EPARTING SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE ~OULEVARD , NORTHEASTERLY ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF LEGENDS DRIVE"--~~ING COURSES AND DISTANCES-I ~i-THENCE , NORTH 52'04'59' EAST 128.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,. HAVING A RADIUS OF '812.04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET, THROUGH A CENTRAL ANGLE OF 40:~1'04" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO'THENORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHEASTERLY ALON~ THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUOH' A CENTRAL AN~LE OF 25'~'$0'; THENCE NORTH 66'$4'~9' EAST, 405.~5 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,' HAVINO A RADIUS OF 75S.00 FEET; THENOE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF Z49..49 FEET, THR,OUGH A CENTRAL ANGLE 0F.19'26'$5".; THENCE NORTH 86~21'33' EAST -- 474.55 FEET TO A POINT OF CURVATURE dF A CU~:VE CONCAVE. TO THE NORTHWEST HAVING A RADIUS OF 906.59..FEET; T~ENCE NORTHEASTERLY A~ONG THE ARC OF SAID CURVE A DISTANCE OF 124.96 FEET THROUGH A CENTRAL ANGLE OF ~7'$3'49' ; ~ SOUTH SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT'OF BEGINNING , CONTAINING 30.82 ACRES MORE OR LESS E DEPARTING SAID PROPOSED EASTERLY RIGHT-OFiWAy LiNE OF 'LEGENDS DRIVE", 3i"44'36" EAST.il6.67 FEET TO THE POINT OF INTERSECTION W'ITH THE AFORE CURRENT ZONING PUD - RED AR-1 - BLUE RS-2 - GREEN 27-36-39 AR-I AR-I ITION OF CALLAWAY LAND & CAI-[LE CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION-. FROM AR-1 TO CG FUTURE LAND USE SU - BLUE RL - RED CG - GREEN CT -ORANGE 27-36-39 L PEIITION OF CALLAWAY LAND & CATTLE CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CG THURSDAY AGENDA - pLANNING AND ZONING COMMISSION APRILT:00 P.M.27' 1989 Petition of Callaway Land & Cattle Co., Inc., by Agent: Karner & Associates, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to CG (Commercial· General) for the following described property: (SEE ATTACHED LEGAL DESCRIPTION) ,n: Southeast side of Glades Cut-Off Road, approximately 3 .th of West Midway Road) Please note that all proceedings before the Planning and zoning~ commission are electronically recorded. If a person de- cideS to appeal any decision made by the Planning and zoning sion with respect to any matter considered at such meeting or h~ari1 rig, he will need a record of the proceedings,' and that, i~ .... ~hat a verbatim record of s~ch purpose, he may need To ensue= u pLoceedings~ is made, which record includes the testimony and ' upon which the appeal is to based, upon the request of arty to the proceeding· individuals testifying during a will be sworn in. Any party to the proceeding will be an opportunity to cross-examine any individual testifying a hearing upon request. Written comments received in adv :e of the public hearing will also be considered- ~rior to this public hearing, notice of the same was sent to djacent property owners April 4, 1989. Legal notice was published Le News Tribune· a newspaper of general circulation in St. County, on April 5 1989. · FILE NO. RZ-89-017