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HomeMy WebLinkAboutCallaway Land & Cattle Co (8)BOARD OF COUNTY COMMISSIONERS DEVELOPMENT DIRECTOR 'FERRY L. VlR'I'A June 12, 1989 Karner & AssociaTes Agent for Callaway Land & Cattle Co., Inc. 2162 Reserve Park Trace Port St. Lucie, FL 34986 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 CT (Commercial, Tourist) for property located in the southwest quadrant of the intersection of 1-95 and Prima Vista Boulevard. A COpy -of recorded Resolution 'NO. 89-121 is enclosed information. for your Sincerely, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Judy Culpepper, Chairman dcm Enclosure HAVERT L. FENN. District No. I e JUDY CULPEPPER District No. 2 e JACK KRIEGER, District No. 3 ® R. DALE TREFELK ER. District No. 4 · JIM MINIX District No. 5 County Administrator -- WELDON BE LEWIS 2300 Virginia Avenue e Fort Pierce, FL 34982-5652 Director: (407) 468-1590 e Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-1553 e Code Enforcement: (407) 468-157t RESOLUTION NO. 89-121 FILE NO.: RZ-89-015 RESOLUTI ON CHANGING THE ZOOMING CLASSI FI CATI ON 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 ! du/ac) to CT (Commercial Tourist) 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 fee~ (500') of the subjedt' propertyl and has recommended that the Board ~ the hereinafter described request for Change in zoning classification from AR-1 (Agricultural Residential 1 du/ac) to CT (Commercial Tourist) 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 Count;y~ Florida: A. The Zoning Classification for that property described as f ol 1 ows: owned by Callaway Land & Cattle Company , be and the same is hereby, changed from AR-/ (Agricultural Residential 1 du/ac) to CT (Commercial Tourist). B. The St. Lucie County Community Development Director is hereby authorized and directed to cause~the changes to be made on the Official. ~ZO~hing Map of St. Luci. e C~unty, Florida, and to make notation of reference to the date of adopEion of this resolution. C. AtSached 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 fol! ows :. Chairman Judy Cu!pepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger AYE ABSENT AYE ABSENT Commissioner Jim Min~x AYE PASSED AND DULY ADOPTED this 23rd day of May, 1989. BOARD OF COUNTY.:COMMi SSIONERS ST. LUCIE COUNTY;)~',FLORI-DA APPRQVED AS TO FOR34 AND GORRE~TNESS:/~ COUNTY ATTOI~NEY -- / / / / / /× 89--121 REZONE 970 RESERVE P.U.D. SECTION III COHHERCIAL TRACT B-SOUTH REFERENCING Tile REVISED INTERCHANGE BOUNDARY LINE ?ARCEL OF LAND LYING WITHIN SECTIONS 26 AND 27, TOWNSHIP 36 SOUTH, RANGE 39 ST~ SI'. LUCIE COUNTY, FLORIDA, ~ORE PARTICULARLY DESCRIBED AS FOLLOWS: SNENCE AT'THE NORTHEASTERLY CORNER OF 'THE RESERVE ~.U.D.' AS DESCRIBED SOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK 442 PAGES 667 TNROUGIt ,67 5LIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID ~o.ON 22~ THENCE SOUTH 89 45'33" EAST, ALONG SAID NORTH LINE OF SECTION 22, DISTANCE OF 984.94 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NTH 89'23°09' EAST, ALON0 THE NORTH LINE OF SAID SECTIO~ 23, A DISTANCE OF ,78 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLOR[DA PO~ER AND JHT COMPANY RIOHT-OF-W~y, AS RECORDED IN O.R. BOO~ 97 PAGE 504 PUBLIC CORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00'00'1!' WEST ALONG SAID STERLY LINE OF THE FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAy, AND ALSO Z ~EST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN R. BOOK 120, PAGE 199 THROUGH 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, ORIDA, A DISTANCE OF 10,532.45 FEET TO A POINT OF INTERSECTION WITH THE OPOSED WESTERLY RIGHT-OF-WAY LINE OF THE INTERSTATE - 95 INTERCHANGEPARCEL DELINEATEDBY A DESCRIPTIO~ AND MAP'OF SURVEY OF THE'I-9$ INTERCHANGE - ISA VISTA BOULEVARD, PREPARED B:Y DAVID W. BETHA~, P.L.S. WITH FLORIDA CERTI- CATE NO. 3199 WITH ST.' LUCIE WEST THOmaS J. WHITE DEVELOPMENT CORPORATION, TED JANUARY 30, 1989 WITH THE FILE NO. 95-1 THROUGH 95-3 CONSISTING OF THREE 3ES , WiTH LAST REVISIONS ON ~-9-B9, SAID POINT BEING T~B POINT OF BEGIN-! £NCE CONTINUE $OUTH'O0'O0'!!. WEST ALONG SAiD WESTERLY LiNE OF .THE FLORIDA ~ER ~ LIGHT COMPANY RiGHT-OF-WAY, A DISTANCE OF 214.46 FEET~ THENCE NORTH '51'34", WEST, 1,4?B.SB .,-~T,, THENCE SOUTH 85'25'09' W~ 794.83 FEET TO THE IHT OF INTERSECTION WITH THE EASTERLY RiGHT-OF-WAY LINE OF A PROPOSED 120.00 QT PUBLIC RIGHT-OF-WAY, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHWEST D- TO W~ICH A RADIAL LINE BEARS NORTH 78'08'28' EAST, SAID CURVE HAVING A DIUS OF 1,060.O0 FEET; THEN'CE NORTHWESTERLY ALONG=SAID PROPOSED EASTERLY OHT-OF-WAY LI~E THE FOLLOWING COURSES AND DISTANCES; THENCE NORTHWESTERLY ALOR~-TH~ ARC OF SAID CUR~E A DISTANCE OF !23.22 ' FEET THROUGH A CENTRAL ANGLE OF 06~9'37,.; THENCE NORTH ~a'~l'lO" ~EST, 353.66 FEET TO I POINT OF CURVATURE OF A CURVE ~ONCAVE TO THE EAST HAVING A RADIUS OF 540.00 FEET; THENCE NORTHWESTERLy ALONG THE ARC OF SAID CURVE A DISTANCE OF 27~.4~ FEET, T~ROUOH A CENTRAL ANOLE OF 2a~$4,~1-; - THENCE NORTH ~0'23'21' EAST. i0g.2~ FEET; THENCE NORT~ 50'56'33' EAST. 65,02 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLy LINE OF THE PROPOSED EXTENSION OF 'RESERVE BOULEVARD' SAID POINT BEiN0 A POINT ON A CURVE CONCAVE TO THE NORTHEAST TO 'WHICH A RA~IAL LINE BEARS SOUTH 01'26'19- WEST,' SAID CURVE HAVINO A RADIUS OF 1,034.87 FEET; ~ENCE D~PARTING SAID EASTERLY RIGHT'OF-WAY LINE OF T~E PROPOSED PUBLIC RIGHT- -WAY AND SOUTHEASTERLY AL0~G THE ARC OF SAID =URVE'AND THE SOUTHERLY LIRE OF iE SAID ~RRSERVE BOULEVARD'.~XTEN$ION; ~ DIST~N~E'O~ h8~96 FEET, ;NTRAL ANGLE OF 0!'~6'11; THENCE ~ORTH 89'~3'3~,~ EA~;:tALONo SAID SOUTHERLY -NE OF SAID "RESERVE BOULEVARD' EXTENSION' A DISTANCE O ~INT ON TEE PROPOSED WESTERLY RIGHT-OF-WAy LIN : F 561.92 .,~ T~ A <TERC~AH~E PARCEL; THENC= SOU~H~ v ~ E O. SAID INTERSTA.E - · · .... ASTERL, ALONG .HE PROPO ~ v .... . ....... n**,,' COURSES AND DISTANCES~ THENCE CONTINUE NORTH 89'$3'33"EAST, 300.00 FEET; THENCE SOUTH 00~06'27' EAST ~4,23 FEET; THENCE SO~TH 86'O6'27" EAST, 744.63 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE,SOUTHWEST HAVING A RADIUS OF 860.93 FEET; THENCE SOUThEASTERLy ALONG THE ARC'OF SAiD CURVE A DISTANCE OF 838.57 FEET, THROUGH A CENTRAL ANGLE OF ~5'48'Z8' TO A POINT OF COMPOUND CURVATURE O~ A CURVE CONCAVE TO.THE SOUTHWEST HAVING A RADIUS OF 1,338.40 FEET; THENCE SOUTHEASTERLY ALON0 THE ARC OF SAID CURVE, A DISTANCE OF 96.45 FEET THROUGH A CENTRAL ANGLE OF 04'07'44- TO THE POINT OF INTERSECTION WITH THE WESTERLY LiNE OF A FLORIDA PO~ER & LIG~T-CO~PANy Ri~HT-OF-wAy AS RECORDED IN O.R. BOOK !20, PAGES 199 - 201 PUBLIc RECORDS OF SI'. LUCIE COUNTy, FLORIDA, AND TH~ ~OI~T OF BEGINNING. CONTA~NG 39~46 ACRES ~ORE OR LESS. RESOLUTION NO. 89-73 A RESOLUTION AMENDING RESOLUTION 88-357 AND APPROVING AN AMENDED DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE RESERVE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Callaway Land & Cattle Company has filed a Development of Regional Impact Application for Development Approval with St. Lucie County~ Florida and the City of Port St. Lucie, Florida, in accordance with Chapter 380.06, Florida Statutes 2. Callaway Land ~& Cattle Company proposes to construct 4~100 dwelling units~ 1,600,000 square feet of industrial space; 390,000 square feet of retail space; t00,000 square feet of office space; and 250 hotel rooms, constituting a Development of Regional Impact on the real property legally described in Section B below, located in St. Lucie County and the City of Port Sro Lucie, all located in the State of Florida. 3o The Board of County Commissioners. of St. Lucie County as the governing bady of St. Lucie County having jurisdiction over that portion of this project located in the unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for DeVelopments of Regional Impact° 629 2323 J 4o On December 8, 1988, the St. Lucie County Local Planning Agency held a public hearing of which due notice was published in the Ft. Pierce News Tribune, and recommended to this Board that the Development Order approval for the Development of Regional Impact known as The Reserve, be ~ranted. 5o The Board of County Commissioners of St. Lucie CountY, Florida, on the !5th 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. 6o At this public hearing, and following its closure~ the Board of County Commissioners continued any further action on ~thls ~ppl~ication until Tuesday, December 20~ 1988o ~- ~7. On Tuesday, December 20, 1988, the Board of County Commissioners removed from the table, the request of The Reserve Development of-Regional Impact, for Development Order approval. 8. The Board of County Commissioners of St. Lucie County, has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council. On December 20, 1988, the Board adopted Resolution No. effective December 28, 1988, granting development order approval to The Reserve 10. On January 20, 1989, the Treasure Coast Regional Planning Council voted to appeal the County's Development Order to the Florida Land and Water Adjudicatory Commission. 2 11. Representatives of the new project developers and the Treasure Coast Regional Planning Council have reached a settlement in regard to the items under appeal and this amended Development Order reflects that settlement. 12. The Board believes that approving this amended Development Order is in the best interest of the public health, safety and pubilc welfare of the citizens of S~. Lucie County, Florida. 13. The Board of County Commissioners has made the following amended FIA~INGS of FACT and CONCLUSIONS of LAW with regard to the Appl~cation for Development Approval: AMENDED FINDINGS of FACT A. The proposed Development is not, in an area of Critical State Concern as designated pursuant to the provisions of Chapter 380.06, Florida Statutes B. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located C. On October 21, 1988, the Treasure Coast Regional Planning Council issued a report and recommendations on this development pursuant to Chapter 380.06(12)(a), Florida Statutes. 3 ~ 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 14th day of March 1989, Resolution Noo 89-73, which amends Resolution No. 8~-357 granting Development Order Approval to the Development of Regional Impact known as The Reserve, is hereby APPR©VEDt subject to the following conditions, restrictions and limitations APPLICATION FOR DEVF~LOPMENT APPROVAL The Reserve Development of Regional Impact Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval, as modified by Development Order conditions, is a condition for approval. For the purpose of this condition, the Application for Development Approval .shall include the following items: a. Application for Development Approval dated July 9 1987; Supplementa! information dated December 3, 1987; June t5, 1988; July 22, 1988; July 29 1988° and August 12 1988; and ' ' , 4 629 : 2326 Materials dated September 28, 1988; September 30, 1988; and October 6, 1988, which were received by the Treasure Coast Regional Planning Council- after the formal Development of Regional Impact Application for Development Approval review process was terminated by the applicant and local public hearings had been scheduled. COMMENC~ OF DEVELOPMENT in the event the developer fails to commence significant physical development for any development beyond that authorized in the Development Agreement within three years from the effective date of the Development Order (the earlier of two dates if separate Development Orders are issued by St. Lucie County and the City of Port St. Lucie), development approval shall terminate and the development shall be subject to further development-of-regional-impact review by the Treasure. Coast Regional Planning Council pursuant to Section 380.06, Florida Statutes. For the purposes of this paragraph, construction shall be deemed to have been initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clea~ing. Phase I shall be compiet~'.~Ithi~ eight years. Zf' not completed within that time, further development shall be Subject to substantial deviation review. Termination Date: This development order shall te~--minate 20 years from the effective date of this Resolution. Any final development plan approvals not yet received at the completion of'this 20 year period will be subject to further review under the provisions of Chapter 380.06 Florida Statues or as subsequently amended. ' ' AIR Clearing of specifiC building sites shall not commence until the developer is ready to construct the building or buildings to be located in that site unless seeding and mulching of disturbed areas are undertaken within 30 days of completion of clearing work. During land clearing and site preparation, wetting operations or- other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mul=hing of disturbed areas, shall be undertaken and 5 implemented by the developer to the satisfaction of the City of Port St. Lucie, ST. Lucie County, and the Florida Department of Environmental Regulation. o 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 necessa~y to reduce carbon monoxide emissions to meet State and federal air quality standard~ according to the following minimum requirements': bo 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 Regionat Planning Council), submit a comprehensive air quality computer modeling study according to a study design approved by Treasure Coast Regional Planning Council in consultation with the Department of Environmental Regulation; in case of exceedances as identified by the modeling Study, submit within four months of the approval of the modelling study a plan.to mitigate pro3ect retate~ traffic air quality impacts and implement the plan to '" ~e maximum extent Possible. The plan shall be approved by the Treasure Coast Regional Planning Council in consultation with the Department of Environmental Regulation; and implemen~ and monitor the plan. HISTORIC ANDA.RCHAEOLOG!CAL SITES In the event of discovery of any archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Historical Resources in the-Florida Department of State. Proper protection, to the satisfaction of the Division, shall be provided by the developer. HABITAT, VEGETATION, AND WILDLIFE 7.(A) Wetlands !, 4, 5, 6, 10, 15, 16, 26, 33, 38, 39, 52, 6lA, 6lB, 63, 64, 65, 71, 75, 78, 80, 81, 83, 84, 86, 89, 91, 92 and 93 (presently calculated to include a total of 167.6 acres which are listed on Table HVW-1 and which are shown on Exhibit "HVW-2" of the Treasure Coast Regional Planning Council Assessment Report for the Reserve Development of Regional Impact, shall be preserved, and/or restored if necessary, and maintained in viable condition in perpetuity. Viability and maintenance shall be assured by deed restriction, good development and drainage plan design, and assignment of future preservation and maintenance responsibility to an entity approved by .the Treasure Coast Regional Planning Council in consultation with the South Florida Water Management District prior to build-out of the phase in which wetlands occur. Adverse impacts that occur due to factors within the developers' reasonable control, to any of the identified wetlands prior to build-out of this project shall be the responsibility of the developer to repair. Any restoration gonducted pursuant to this condition shall be completed in consultation 'with, and in a manner approved by, the South Florida Water Management District and the Treasure Coast Regional Planning Council. No building permits or certificates of occupancy shall be issued for any part of the Resettle Development of Regional Impact after the effective date of this development order (the earlier of two dates if separate development orders are issued by St. Lucie County and the City of Port St. Lucie), until; (i) the ditch connecting wetland 6lB to the C2~ outfa!l route/~has"been plugged up to the rim of the wetland and (ii) altar January, i, 1993 unless all of the remaining restoration required by this condition has been completed and approved by. t.he Treasure Coas~ Regional Planning Council in consultation with the South Florida Water Manmgement District. 7.(B) Wetlands 62 and 76 shall be preserved until such time as the Developer has created a replacement wetland in mitigation for these preserved wetlands to be removed. Such crea~ed wetlands shall be constructed to fully replace the functions and values equal to those of wetlands 62 and 76. No removal of wetlands 62 and 76 shall, take place until the created wetlands are complete, inspected and approved by the Treasure Coast Regional Planning Council. No building permits shall be issued after January I, 1990, until one of the following-actions have been completed: ~ a. The Developer has completed, to the reasonable satisfaction of the South Florida Water Management District and Treasure Coast Regional Planning Council, the creation of 50.0 acres of wetland habitat in mitigation for wetland habitat already destroyed on this project and previously required to be mitigated by South Florida Water Management District; or 639 BOO~ 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 Coas% 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 combina%ion of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and Treasure Coast Regional Planning Council. If the Developer chooses to meet all or part of this responsibility by creation of wetland habita%, then the continued viability and maintenance of this habitat shall be ~assured by deed restriction, good development and drainage plan design, and assignment of future preservation and maintenance responsibility to an entity approved by Treasure Coast Regional Planning Council and South Florida Water Management District prior ~o build-out of the phase in which the crea%ed wetland occurs. If the Developer chooses to meet ali or pa=t of this mitigation responsibility by deeding-over "Preferred Upland Wildlife Habitat", as in option (b) above, such lands shall be transferred with restrictions that require their preservation as natural habita% 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 building 'permits shall be issued after January l, 1991, until one of the foliowing has been completed: a. The Developer has completed, to the reasonable satisfaction of the South ~iorida Water Management._Distric%_. and Treasure Coast Regional Planning Council, the creation of 11'9.7 acres of wetland habitat (above and beyond any wetland habitat created pursuant to the previous recommended condition)~ in mitigation for- wetland habitat already destroyed on this pro3ect site; or 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 and Treasure Coast Regional Planning Council, an additionai.llg.7 acres of upland habitat within the area labelled "Preferred Upland Wildlife Habitat", de!inea~ed and shown on Exhibit ~UJW-4 of the Treasure Coast Regional Planning Council Assessment I0. Report for the Reserve Development of Regional Impact (above and beyond any upland habita~ deeded over pursuant to the previous conditions); or c. The Developer has accomplished a combination of the actions described in (a) and (b) above which is acceptable to both South Florida Water Management District and Treasure Coast Regional Planning Council. d. In the event Developer has been unable to complete the creation of the required additional acreage of wetland habitat as described in (a) above on or prior to January 1, 1991, it may post a security for its completion of performance. The form and content of the instrument providing said security shall be subject to the approval of St. Lucie County and Treasure Coast Regional Planning Council and shall include a sufficient amount of · nondisturbed quality upland habitat acreage within the area labelled "Preferred Upland Wildlife Habitat", as described above, equal to the acreage of wetlands which have not yet been created in accordance with (a) above. Such "Preferred Upland Wildlife Habitat" posted in accordance with this section shall be released by the acre in exchange for each acre of wetland habitat subsequently created by Developer in furtherance of his satisfying the condition set forth in 9(a). This procedure~ shall be deemed to satisfy the conditions required ~for issuance of building pe~its after January 1, 1991.~-~ But under no circumstances shall building permits be issued after January !, 1993 without completion of wetland habitat~as described in (a) above. Mitigation Master Plan for the Reserve DRI must be submitted to and approved by the Treasure Coast Regional Planning Council and South Florida Water Management District prior to wetlands mitigation required b~ this D.O. occuring on site. As a minimum, the Master Plan shall set forth: a. The general criteria for construction and maintenance of wetland habitat; b. identify the location of all proposed mitigation relative to preserved wetland' and upland systems, the surface water management system, and development; c. provide for a mitigation, monitoring, and maintenance program-; and - do include a 3ustified estimate of total cost of implementing the proposed mitigation and monitoring program~ To be approved,' mitigation plans must be found to fully replace the functions and values provided by exempted wetlands that have been or will be eliminated. BO0~ 9 Reasonable assurance of financial and institutional ability ~o carry out the commi~men%s included in the approved mitigation plan may be provided by any one or combination of the following: a. a surety bond in the amount equal to 125 percent of the cost estimate for implementing the approved.mitigation and monitoring plan; b. performance guarantee to St. Lucie County and/or the City of Port St. Lucie as part of a project construction guarantee, provided the guarantee adequately covers costs; c. cash bond or letter of credit from a financial institution; d. escrow agreements which include money, land or improvements; and e. -performance prior to wetland loss only applies to mitigation for wetlands not yet destroyed. Th~ specific form and adequacy of the guarantee shall be subject to approval by St. Lucie County, and the TCRPC, if mitigation occurs within the County, or the City, of Port St. 'Lucie and the TCRPC if '+~ ~' ~ , m~ga~o~ occurs within the ~-~p. :Fihandial guarantees ~hal! 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. il. Lakes or canals shall not be excavated within 200 feet of any wetlands which are preserved or restored on the project site° Wells in the shallow aquifer shall not be located within 300 feet of any wetlands which are preserved or restored on the project site. Any exceptions to this condition must be approved by 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 maintenance or implementation o-f predeve!opment hydroperiods occurs within the preserved and restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to wetlands prior to routing of any excess runoff to lake systems. Control elevations shall be established consistent with the intent to maintain or improve predevelopment ~ydroperiods within all wetland areas. The Treasure Coast Regional Planning lO Council in consultation with South Florida Water Management District must approve the routing of runoff and control elevations as shown on the final drainage plans to achieve the intent indicated above. 13. The Developer shall preserve and maintain a buffer zone of native upland edge vegetation around all preserved, restored, or created wetlands on site in accordance with the following provision. The buffer zone shall include a canopy, understory, and ground cover of native upland species including saw palmetto, wiregrass, gallberry, Lyonia, or other upland species subject to approval of the TCRPC. The upland buffer may include slash pine and wax myrtle, but these species shall not be used in determining the location of the boundary between the wetland and upland. The requirements of the upland buffer shall include a total area of at least ten square feet per linear foot of wetland, except where an expanded upland buffer has been required for protection of the Sandhill Crane (provided for under the approved management plan referenced herein, and attached hereto and made a part thereof as an exhibit) and be located such that no less than fifty percent of the total shoreline is buffered by a minimum width of ten feet of upland habitat. Upland buffer shall be clearly delineated, and r~ped off prior to any land Clearing within 200 feet of any wetland to be preserved or restored. 14. No further iand' clearing or development activities shall take place on the Reserve DRI until (i) the Treasure Coast Regional Planning Council, the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife Servioe approve a management plan for protection and management of the Red-cockaded woodpecker (a copy of the proposed plan which has been approved by TCRPC, is attached hereto and made a part hereof); and (ii) Treasure Coast Reuiona! Planning Council notifies St. Lucie County and the City of Port St. Lucie in writing that the management plan is approved. At a minimum, the management plan shall provide for the permanent preservation of three colony sites indicated on Exhibit HVW-3 of the TCRPC assessment report for the Reserve Development of Regional Impact. Each preserve colony site shall be no less than ten acres in size and have boundaries no less than 200 feet from alt existing cavity trees within the colony.- The Preserved co!onk- sites may be 'irregularly configured -and should include 'the best habitat for the Red-cockaded Woodpecker contiguous with the colony. The Developer shall not develop the under!and or understor~- within the Preserve area. The plan shall also provide for sufficient foraging opportunities within one- half mile of the colony site to meet the recommended criteria set by the United States Federal Wildlife Service Red-cockaded Woodpecker Recovery Plan. The plan must also include a monitoring~program to insure that sufficient 639 982 ~OOK 11 foraging opportunities are maintained. It shall be the responsibility of the Developer to implement the approved plan. 15 16. The developer shall preserve no less than 25 percent (490 acres) of pine fiatwoods' habitat on site, inCluding canopy, understory, and ground cover. Pine flatwoods habitat preserved and protected by deed res%fictions pursuant to wetland buffer zone requirements and upland habitat required for the protection of species of special regional concern, including the Red-cockaded Woodpecker colony sites, Sandhil! 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 slze, quality, and arrangement to maintain existing populations of species of special regional concern on the proper~cy. 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. 2 The;'developer shall identify on a current good quality aerial photo the areas preserved pursuant to this condition ...... a~d submit the marked aerial and indicate the acreage in the annual report required by Section 380.06, Florida Statutes. The annual report shall include -copies of deed restrictions assuring preservation of pine flatwoods acreage. Preservation shall be accomplished in common areas, preserve 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 meet 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 assuring preservation of pine fiatwoods acreage. Prior to commencement of clearing activities on any portion of the Reserve site, the Developer must prepare and ha~e approved a plan for surveying for-and protecting in ainu, or relocating into a suitable on-site preserve area all gopher tortoise and, if gopher tortoise burrows--are ~ound;-~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 UoS. Fish and Wildlife Service. After approval of 'the plan, specific Parcels may be cleared and developed sub3ect to compliance with the 12 methods and procedures stated in the plan without further approval. The annual report required by Section 380.06, Florida Statutes, shall include a summary of survey and relocation efforts prepared by a qualified biologist. 17. 18. As a minimum, the Developer shall preserve two areas that provide potential nesting habitat for Sandhi!i Cranes. One of these areas shall include wetlands 80, 81, and 83. The other shall include wetland 63, or a suitable portion of wetland 6lA or 6lB, or any other wetland so long as it is approved as suitable by Treasure Coast Regional Planning Council in consultation with the Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service. Each such wetland shall be permanently buffered by either: 1. ) 100 feet of upland habitat preserve managed as open rangeland immediately adjacent to the wetland plus 50 feet of habitat dense enough to provide a visuai screen (this buffer requirement shall apply if the first use outside the buffer is residential or commercial); or 2.) 50 to 100 fee% of upland habitat preserve managed as open rangeland immediately adjacent to the wetland (this buffer requirement shall apply only if the use outside the buffer is a golf course). The acceptable depth of upland habitat if buffer type 2 is required will depend upon the width of golf course next to the bu,~e_ but the to%al of range!an~ ~,,==~- plus u61f course must equal~or exceed 150 feet. Habitat set aside 'for buffers may be counted toward the requirement of 25 percent habitat preservation except for those POrtions preserved in compensation for wetlands pursuant to Conditions 8 & 9. A detailed site plan delineating the areas required by this condition is attached hereto and made a part hereof. Management of the nonhgoif course portions of the buffers and the wetlands shall be pursuant to recommendations of the Florida Game and Fresh Water Fish Commission. During the months of December 1, to April S0, no construction within 300 feet of any preserved or restored wetland shall occur until the wetland has been surveyed for Sandhill Crane nests. In' the event that active nests are found, construction shall-not occur until July or 90 days after the eggs hatch, whichever occurs first .............. ' Prior to further--deveiopment-activity~. %he- developer shall provide the Treasure Coast Regional Planning Council with a letter assurinu that access will be allowed to The Reserve Development of Regional Impact in perpetuity for the purposes of monitoring compliance of the project with conditions set forth. 629 ;, 23s5 500~ 13 19. In the event that it is determined that any additional representative of a plant or animal species of special regional concern (as defined in the Treasure Coast Re~ional 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 the development, all Melaleuca, Brazilian Pepper, and Australian Pine which occur on site shall be removed. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shall be no planting of these species on site. DRAINAGE / / 21. The developer shall design End construct the stormwater management system to retain the maximum volumes of water con~isten~-.Wlth providing flood protection. The system shall be designed and constructed to retain or detain with fi!tratio~, as a minimum, the first one inch of runoff or the runoff from a one-hour, three-year storm event, whichever is 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. Ail discharges from the surface water management system shall 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 three-day duration and 25-year return frequency. 22. The developer ~a~l design and construct the surface water management system such that maintenance of normal hydroperiods within restored, preserved, and created wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and that the functions and values provided by these habitats will be maintained. Under no circumstances shall unfiltered runoTf from impervious surfaces and parking areas be diverted directl~ into wetlands on site. Final drainage pl~s shall be submitted to South Florida Water Management District, Sto Lucie County, the City of Port St. Lucie, and the Treasure Coast Regional Planning Council. At a minimum, such plans shall depict how preserved and created wetland areas will be 14 629 ,;, 2336 50OK incorporated into the development site plans for each individual development area or drainage basin with appropriate supporting information to demonstrate how sufficient quantities of surface runoff from portions of the developed areas will be conveyed to wetland areas in order to maintain or improve their existing hydroperiod. Clearing of the land in a development area or drainage basin shall not begin until plans are approved by the appropriate agencies for the development area or drainage basin. 23. The developer shall berm and swale or otherwise design and construct the golf course stormwater management systems to retain the first one-half inch of runoff from a one-hour, three-year storm event, prior to discharge of excess water to wetland habitats and the surface water management lake system~ 24. Maintenance and management efforts required to assure the continued viability of preserved and created we%land littoral zone and upland habitats and the proper operation of all components of the surface water management system shall be the financial and physical responsibi!i~ of the developer~ Any entities subsequently approved by St. Lucie County or the .City of Port St. Lucie 'to replace the developer shall be required, at a minimum, to assume the responsibilities outlined above. Ail golf course irrigation systems shall be Oesigned in such- a manner as to allow for a minimum !00-foot_separation from~ any existing or proposed potable water well, (ref FAC 17- 6.040(4)(q)). Should the waste treatment system not meet- the s~andards of a Class I reliabili%-~, then T-bUs minimum setback shall be 500 feet. 25. The developer shall establish a vegetated and functional littoral zone as a part of the surface water management system of lakes and the existing borrow pits in the Reserve Commerce Center/Go Team Parcel. Prior to construction of the system for each development area or drainage basin of the project, the developer shall prepare a design and management plan-for the wetland/littoral zone that will be developed as part of that system. The plan shall:_ (I) include plan view and site location; (2) include typical cross sections of-the surface water management system showing the average water elevation after-taking account the effects of welffield pumping and irrigation withdrawals on the lake -system and the -3 foot contour (ie, below average elevation)~ (3) specify how vegetation is to be established within this zone, including the extent, method, ~ype and timing of any planting or mulching to be provided; and (4) provide a description of any management monitoring and maintenance procedures to be followed in order to assure the continued OR 15 629 5OO~, 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 wa~er 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 untii such time as the littoral zones have been constructed and inspected. Not withstanding the foregoing, a special plan shall be submitted for the existing 'borrow pits littoral zone, taking into account the physical constraints inherent in retrofitting these existing borrow pits with littoral zones. WATER SUPPLY: POTABLE AND NONPOTABLE WATER 26. The primary source of golf course irrigation water shall be treated wastewater--eff!uent. The only other source of golf course irrigation water allowable shall be wa~er derived from the surface.water management system of lakes. No withdrawals from. !.akes 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 sit-e 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, 1991o The continued or proposed use of surficial aquifer wells to supply irrigation water to golf courses beyond January 1, 1991, shall constitute a substantial deviation pursuant to Section 380.06, Florida Statutes, and shall require further-review° 27. Construction of additional golf courses.~eyond those_already_ constructed shall not. occur_until_it ca~_be ~e~onstrated_to the satisfaction of the South Florida Water Management District that sufficient irrigation water can be.~erived on a sustainable basis from was~ewater sources and surface water management system lakes to provide for irrigation requirements without adversely affecting wetlands required by the Development Order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. 987 16 28. All water use by The Reserve Development of Regional Impact shall be metered, whether derived from surface water management system lakes for irrigation or from weilfields servicing The Reserve Utility Corp. for domestic use. Annual water use data shall be provided to the South Florida Water Management District and Treasure Coast Regional Planning Council as part of the annual report to be submitted by the developer as required by Section 380.06 Florida Statues. To reduce the demand for irrigation water, a minimu~ of 30 percent of all landscaping material and 50 percent of all planted trees shall be native plants adapted to the soil and climatic conditions occurring on site. 30. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving The Reserve Development of Regional Impact shall be located such that principal land uses within the cone of influence of such wells are open space, preserve, or residential area. In no case shall development which would use~ handle, store, or produce hazardous or toxic materials occur within the cone of influence ~ii'e~ one foot drawdown area) of a surficial aquifer potable water supply well, un~ess such use, handling,~ storage, or production ~is consistent with binding wellfield protection regulations approved by the Treasure Coast Regional Planning Council.- 3to In no-case shall reverse osmosis reject wa~er be utilized for irrigation purposes unless approved by the appropriate state permitting authority. 32. Water-saving plumbing devices shall be required .in all construction (both residential and nonresidential) to reduce potable and nonpotab!e water demand. These devices shall include low flush toilets__and_.efficient, faucets ~nd--shower heads to help reduce the use of'potable water for these uses. 33. Rates charged for potable Water use shall be structured to encourage water conservation. All residential water requirements shall be supplied by a -common utility which shall provide water service to all ezisting and proposed development, except Saba! Creek Phases I~ II, II! and IV. 629 6,,9 988 17 35. No building permits shall be issued for The Reserve Development of Regional Impact beyond construction authorized by the Developmen% 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 wa~er needs ko such further development proposed by the developer is permitted and will not have adverse impacts to: 1) 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; 2) the potentiometric head of the Ftoridan Aquifer, if applicable; and 3) the ability of existing legal users to meet their permitted potable and nonpotable requirements. Parameters and methods of hydrologic investigations undertaken to demonstrate that a sufficient source of water is available to serve further development proposed by the developer without adversely impacting the items listed above shall be established to the satisfaction of the South Florida Water Management District. 3'6 L All residential, commercial and industrial water and sewer ~e~--emen~s shal~- be ' ~ ' - supp=~e~ by the a common ='~' u ~l~Ity which shall provide Wa%er and sewer service to all existing proposed development,' except Sable Creek Phases I, ii, and IV, and Reserve :~lantation I, IIA, and IIB, which contain lots which are in excess of the minimum requirements of one-half acre and any lots proposed within Sable Creek Phase Ii! (56 acre pafcei) 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 referen=ed herein, they shall be required to hook up to the common unti!ity service then provided by the utility company~ 37. ~ny consents or other approvals required from the Treasure Coast Regional Planning Council and/or in consultation with other governmental agencies,-'as a condition to further development approvals being issued after the effective date of the development order,_.shal! not be subject to unreasonable delay, after, all submissions and other data. required by such-agency (including TCRPC) from developer has been supplied ...... ' 38. Maintenance and management efforts required to assure the continued proper operation of all components of the central water supply system shall be the financial and physical responsibility of The Reserve Utilities Corporation until such time as it may be conveyed to another entity. Any entities subsequently authorized to repla~he Utilities Corporation shall be required, aT a minimum, to assume the responsibilities outlined above or delegate such responsibilities to another entity to the satisfaction of the City of Port St. Lucie and St. Lucie County. Appropriate plans, specifications and applications for the water plant expansion shall be submitted to the Department of Environmental Regulation (DER) upon the existing water treatment facility reaching a finishing water maximum day demand equal to 80% of the DER's rated plant capacity. Construction of the expansion shall begin before or when the facility achieves a maximum day finished water production equal to 90% of DER's approved rated plant capacity. 39. The unob!igated Floridan Aquifer well as referenced on Map F, dated July 1987, revised November 1988, as contained in The Reserve DeVelopment of Regional Impact Application for Development Approval, shall be capped and abandoned in accordance with South Florida Water Management District criteria prior to commencement of development outside the area authorized for' development in the Development Agreement. The obligated well referenced on Map F as described above shall be capped and abandoned in accordance with South Florida Water Management'District criteria within 30 days of resolving such obligation for off-site use. WASTEWATER 40. Deveiopment shall only occur Concurrently with the provision of adequate central wastewater treatment services. Prior to appiiqation for. building permits for any pa~-t of The Reset--ye Development of Regional Impact at the beginning of each phase, the developer shall demonstrate that adequate treatment facilities will exist on schedule to handle all wastewater generated from both completed and planned development. Evidence of adequate treatment and disposal capability shall 'be sub3ect to approval by St. Lucie County and the City of Port St_ Lucie in consultation with the Department of Environmental Regulation. The central wastewater-treatment system shall be .expanded based on the following flow capacities (actual 3. peak month average daily): ..... '-* :: a. When flows reach 60% of permitted'capacity, a oonsuitant will have been chosen. b. When flows reach 70% capacity, appropriate plans, specifications and application for wastewater plant expansion shall be submitted to the Department of Environmental Regulation. 629 ~00~ 19 c. When flows reach 75% capacity, construction shall begin and be completed and certified prior ~o flows reaching 95% of permitted 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 wastewater may be disposed of through percolation ponds, as permitted. 42. Maintenance and management efforts required to assure the continued proper operation of all components of the central wastewater treatmen~ system shall be the financial and physical responsibility of The Reserve Utilities Corporation until such time as conveyed to another entity_. Any entities subsequently authorized to replace The Reserve Utilities Corporation shall be required, at a minimum, to assume the responsibilities outlined above or delegate such responsibilities to ano~he~~ - entity_ to the satisfaction of S%. Lucie Country and the City of Rort Sro Lucie. HAZARDOUS MATER/3tLS ~ WASTE Within'three months of the effective d~te of the Development Order (the em~lie~ of two dates if separate-Development Orders are issued by St. Lucie County and the City of Port St. Lucie)i the developer shall submit a hazardous materials management plan for review and approval by the-City of Port St. Lucie, St. Lucie Count~-,' 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 shall be issued for any part of the project ~ - un~_l approval is obtained The plan shall: - require disclosure by all owners or tenants of non-.- residential property of ail- 'hazardous materi~!s proposed to be stored, used or generated on the premises; :. ~_.: ' require inspection of all business premises s~oring, using, or ~enerating hazardous materials prior to the commencement of operation, and periodically thereafter to assure that adequate facilities ~nd procedures are in place to properly manage hazardous materials projected to occur; 2O Residential: Single Family Multi-Family $ill per unit S 99 per unit Office: Medical Office Financial Office Other Office S231 per 1000 sf S506 per 1000 sf S127-per 1000 sf Retail: b - 49r999.9 sf 50,000 - 99,999.9 sf 100,000 - 199,999.9 sf $250 per 1000 sf $298 per !000 sf $299 per 1000 sf Hotel/Motel $111 per unit ~Upon the enactment of a formal public safety (police) impact fee ordinance by the St. Lucie County Board of County Commissioners, the terms and conditions of that ordinance shall apply to the unincorporated portions of this project, described in Section B of this resolution. FIRE PROTECTION The developer shall r~eserve one parcel~ a minimum size of two acres~:and configured to meet-the needs of the St. Lucie County/Ft~ Pierce Fire District,-within the Reserve Commerce Park. This site shall be conveyed to the Fire District in a manner and time acceptable to ~he Fire District,_ if so required. .Prior to the issuance of any building permits for any residential unit within The Reserve, including any hotel/motel unit, the developer shall pay to the St. Lucie Count%-/Ft. Pierce Fire District the sum of S225 per unit to meet the fire protection needs of ~ ~ ~h=s development. Upon the enactment of a formal public safety (fire) impact fee ordinance by the St. Lucie County Board of County Commissioners, the ~er~s-'and conditions o~ '~aT/2Ordi~ance shall apply to those portions of this project, described in Section B of this resolution. ENERGY 50. In the final site and building design plans, the developer s~hail: i) incorporate those energy conservation measures identified on pages 25D.i and 25D.2 of The Reserve Development of Regional Impact Application for Development Approval; 2) comply with the Florida Thermal Efficiency Code Part Vii, Chapter 553, Florida Statutes; and 3) to the BOOK O~O mGE~S~5 OR 23 RECREATION AND OPEN SPACE 46. The developer shall reserve a minimum of eight acres of land in four parcels no less than two acres each in size to be deeded free and clear of all liens and encumbrances to homeowners' associations within The Reserve 'Development of Regional Impact for the establishment of recreational facilities geared to the needs of children living within the development. Parcels shall be reserved in an arrangement that will most conveniently serve the most residents based on proximity of residential areas. 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' association. 47. Within one year of the effective date of the Development Order (the latter of two dates if separate Development. Orders are issued by St. Lucie County and the Ci~ of Port Sr. Lucie), the developer shall provide a plan for the provision of beach access points and' parking facilities %o meet the demand created by residential development in The Reserve Dege!opment 'of Regional Impact. The plan shall include an· evaluatioh and estimate of the demand for .beach access points in both St. Lucie and Martin Counties. The methodology used to project beach' access and parking demand shall be agreed upon by_the developer and approving, agencies prior to plan initiation_ and shall be Submitted as part of the completed plan. The plan shall provide a program for meeting any projected demand. The plan must be approved by St. Lucie County, Martin County, and the Treasure Coast Regional Planning Council. If approval is not obtained within two years of the effective date of the Development Order as aforementioned, no further building permits shall be. issued for any part of the project until approval is obtained. Beach access points and parking facilities shall be constructed and available to sez~e projected demand in accordance with the'approved plan. Subject-to--%he~foregoingy.--.= -~--. improvements required of the Developer shall not exceed, in proportion to the level of service or facilities made available by the respective Counties for their residents POLICE AND PUBLIC SAFETY 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: 5OOK 22 Co provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials~ provide for proper maintenance, operation, and monitoring of hazardous materials management systems including spill and hazardous materials containment systems; detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials; and guarantee financial and physical responsibility for spill cleanup. MONITORING AND COMPLIANCE 44. In addition to all information required by Chapter 380, Florida Statutes; bp Chapter 9J-2, Florida Administrative Code; by St. Lucie County; and by the City of Port.St. Lucie for inclusion in an annual report to be prepared and submitted by the developer for The Reserve Development of Regional Impact~ the following information must be included: current~ good quality aerial photo showing native upland habitat preserved pursuant to the Development Order, acreage of the preserved areas, and copies of deed restrictions assuring preservation of native upland habitat acreage; bo Summary of Gopher tortoise surveys and relocation efforts as required by the Development Order; and water use data (amounts from al! sources) per Development Order condition requiring metered water use sources. EDUCATION 45. From the date of enactment-of this-resolution, until::January I, 1989, .any residentia~--deveiopmentTpermitted within The Reserve, shall be sub3ect to the voluntary school assessment incorporated as a part of that unit's development approval. Effective January i, 1989, all residential development within this pro~ect shall be subject to the terms and requirements of St. Lucie County Ordinance 88-16, School Impact Fees, and as may subsequently be amended. 21 maximum extent feasible, incorporate measuresl identified in the Treasure Coast Regional Planning Counc~l's Regional Energy Plan dated May, 1979, and the Treasure Coast Regional Planning Council's Regional Comprehensive Policy Plan. As a iminimum, the developer shall demonstrate tha~ incorporation of energy conservation measures already committed to and those measures to be incorporated by the requirement of Condition 2 below has reduced projected energy demand by 20 percent below that demand which would have occurred without incorporation of the measures. 51. The developer shall incorporate each of the 17 energy saving methods outlined in the ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment Report for The Reserve Development of Regional Impact unless it can be demonstrated to the satisfaction of the T~easure~ Coast Regional Planning Council that individually each method is not cost effective. TRANSPORTATION 52. 53. No building permits shall be issued after the effective date of the Development Order (the earlier of two dates if separate Developme~ Orders are issued by St. Lucie County and the City of ~=~ Po-='~'St. Lucie) for the Reserve Development of Regional ImpaCt. untiI 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 County or Florida Department of Transportation as necessary and consistent with the Sro Lucie Count7f Thoroughfare Plan for Prima Vista Boulevard, and intersections thereof, and as necessary to provide for ultimate laneage of Prima Vista Boulevard. Prima Vista Boulevard, west of 1-95, shall be designed as a primary public access route extending from the 1-95 interchange to the west/southwes~ property lines of The Reserve Deveiopment-~.f-_R.egional Impact, and-~ppr~pr_i~e right-of-wa~ shall be dedicated to provide for such an atignmeht. Design and construction of the roadway shall maintain acceptable levels of service on both Prima Vista Boulevard and !-95 and meet the requirements of the Florida Department of Transportation- and the Federal Highway Administration. No building permits for non-industrial development of more than 225 residential (1595 daily trips) units shall be issued for The ~Reserve Development of Regional Impact until contracts have been let for the construction of intersection improvements to obtain the foliowin~ ~. ~o~.igu~~, B0~ u~o PAF, E£O~O including signalization or signalization modification as warranted by city, county, or state criteria, as applicable. a) First stage 1-95/Prima Vista Boulevard interchange b) Prima Vista Boulevard and West Peacock Boulevard Northbound West Peacock Blvd~ One left-turn lane** One through lane** One right-turn lane** Eastbound Prima Vista Blvd. One left-turn lane* One through lane One through/right-turn lane Southbound West Peacock Blvd. Westbound Prima Vista Blvd. One left-turn lane* One left-turn lane* One through lane Two through lanes One right-turn lane* One right-turn lane* *Intersection improvemen%s beyond current configuration. **Only required if development access exists. Ail above configurations shall be permitted and constructed in :aOcordance with city, County, or State criteria, applicable, as No 'Certificates of Occupancy shall be issued for nons industrial development of more than 225 residential units (i395 Daily Trips) of-She-_Reserve Development. of Reuiona! Impact until the intersection improvements under a) -and b) above have been completed. 55. No building permits shall be issued for The Reserve Development of Regional impact after 45 days following the effective date of the Development Order until an acceptable clean and irrevocable Letter of Credit, or other form of securit~Y acceptable to St. Lucie Count-y, is provided to St. Lucie Coun%-y in a sufficien~ amount to design, per--mit, and construct the intersection improvement lis~ed- in~ paragraph (a) below. "Sufficient amount" shall be determined by an engineers Projection of Probable Cost supplied by the developer and approved by_ the Country Engineer. The amount of the credit may be reduced by the design and-permitting costs when the developer demonstrates that a contract has .been executed to complete these services. The Letter of Credit, or other form of security, can be drawn down incrementaly as phases of the construction are completed, subject to approval of St. Lucie Count-y, in accordance with applicable St. Lucie Count~3. regulations. 25 a) West Midway Road and Glades Cut-Off Road Northbound Glades Cut-off Road One left-turn lane* One through lane One right-turn lane* Eastbound West Midway Road One left-turn lane* One through lane One right-turn lane* Southbound Glades Cut-off Road Westbound West Midwa~ Road One left turn lane * One left-turn lane* One through/right-turn lane One through lane One right-turn lane* · Improvements beyond current configuration. Ail above configurations, including signalization as warranted~ shall be permitted and consti~ucted in 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 ~ndustriai development (526 daily trips) or after twelve (1'2~)- months from the effective date of this Development Or'dSr-uh!ess the improvements listed under a) above have been let for construction° Should the developer fail to-comply with items (I), (2), and (3) listed below within the time period specified below, the County may call said Letter.. of Credit Go complete, the improvement of a) above: .... (i) (2) Desi.gn complete within six (6) months of the effective date of the Development Order. Permitting complete within nine (9) months of the effective date of the Development Order° ConstructiOn commencing within eighteen (!8) months of the effective date of the Development Order. ..................... No Certificates of Occupancy shall be issued for more than 95,000 square feet of industrial development (526 daily trips) and 448 residential units .(2778 daily trips) of the Reserve Development of Regional Impact until the intersection improvements under paragraph (a) above has been oOmpletedo 56. No building permits for non-industrial development shall be issued for more than i,000 residential units (6 073 daily trips) of The , Reserve Development of Regional Impact until contracts have been let for the construction of intersection 26 improvements to obtain the following configuration, including signalization or signalization modification as warranted by cit~, county or state criteria, as applicable. a) Prima Vista Boulevard and Bayshore Boulevard Northbound B__ayshore Blvd. One left-turn lane -- One through/right-turn lane Southbound Bayshore Boulevard One right-turn lane* One through lane One left-turn lane Eastbound Prima Vista Blvd. One left-turn lane One through lane One right-tur~ lane Westbound Prima Vista Blvd. One left-turn lane One through/right-turn lane *intersection improvements beyond current configuration. All above configurations shall be permitted and constructed in accordance with city, county or Sta~e criteria, applicable. ' as No Certificates of Occupancy shall be issued for non- industrial development of more than 1,000 residential units ~("6~073 daily trips) of The Reserve Development of Regional ~ImPact until the intersection' improvements under a) above have been completed. No building permits shall be issued for- indus%rial--- 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, peak season, or Level of Service "C" under average annual daily conditions): (a) Four-lane West Midway Road from 1-95 to Oleander Avenue. No Certificates of Occupanc~ for industrial development of more than 250,000' (I~383 daily trips) s~uare feet- of -The .... Reserve Development of Regional impact shall be issued until the roadway improvement under a) above has been completed (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 Service "D" peak hour, peak season, or Level of Service "C" under average annual daily conditions). 27 &OaK 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 un~il con~rac~s 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, peak season, or Level of Service "C" under average annual daily conditions): a) West Midway Road and South 25th Street (St. James Drive) Northbound South 25th St. One left-~urn lane One through lane One right-turn lane* Southbound Sout~ 25:th St. One left-turn lane Second left-tu~--n~ lane* One through lane One right-turn lane* Eastbound West Midwa~ ~oad One left-turn lane* One through lane Second through lane* One right-turn lane* WestboU.nd.fWest Midway Road ~lane '-- One through lane Second through lane* One right-turn lane *Improvement beyond current configuration._ No Certificates of Occupancy for industrial development of more than 250,000 (1,383 daily trips) square feet of The Reserve Development of Regional Impact shall be issued until the roadway improvement under a) above has been completed (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 Service "D" peak hour, peak season, or Level of Service "C" under average-annua!~ai~y_~onditions.) 59. No building permits shall be-~issued, f. or non-industrial development of more'~han-!,-494 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 square feet of office (556 daily trips) of The Reserve Deveiopmen% of Regional Impact until contracts have been let for the following roadway improvements, includin~ all necessary bridge structures (development level thresholds may be increased if it is demonstrated through the traffic monitoring Program that additional development can be accommodated without exceeding Level of Service "D" peak 28 hour, peak season, or Level of Service "C" under annual daily conditions): average a) b) Six lane Prima Vista Boulevard from 1-95 to West Peacock Boulevard. Four-lane Prima Vista Boulevard from Cashmere Boulevard to Bayshore Boulevard. 60. No Certificates of Occupancy shall be issued for non- industrial development of more than 1,494 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 u~til the roadway improvements under a) and b) above have been completed. No building permits shall be issued for non-industrial development of more than 1,494 residential units (9,073 daily trips), a 150-room hotel (1,261 daily trips), 65,000 square feet of. commercial (5,616 da/!y trips), and 30,000 square'feet of office (556 daily trips) of the Reserve Dewe~°Pment of Regional Impact un~il contracts have been let f~the following intersection improvements, including S~g~!ization modificationb as~warranted by city_, county, or state criteria, as applicable (development t'evei of thresholds may be increased if it Ks demons%rated throuch the traffic monitoring-program that additional can be accommodated without exceeding Level of Service "D" peak hour, peak season, or Level of Service~ ,,C- under average annual dait~ conditions): a) Northbound West Peacock Blvd. One !eft-turn lane** West Peacock Boulevard and Prima Vista Boulevard One through lane** One right-turn lane** Southbound West Peacock Blvd. One left-turn lane One through lane.- One right-turn lane Eastbound Prima Vista Blvd. One left-turn lane* One through lane Second through lane One through/right-turn lane* Westbound Prima Vista Blvd. One left-turn lane** Two--~hrough lanes Third through lane* One right'turn lane b) 1-95 and Prima Vista Boulevard (1) Add two-lane parallel structure. (2) Northbound - one right-turn lane. 29 O~ (3) (~) Southbound - one right-turn lane. Southbound - second left-turn lane. *Intersection improvements beyond current configuration. **Only required if development access exists. All of the above configurations shall be permitted and constructed in accordance with city, county, or State criteria, as applicable. No Certificates of Occupancy shall be issued for any non- industrial development of more than 1,494 residential units (9~073 daily trips), a 150-room hotel (1,261 daily trips), 65,000 square fee~ 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. 61. No building permits shall be issued for non-industrial developmen~ of more than 1,494 residential units (9,073 daily trips), a 150-room hotel (1,261 daily trips), 65,000 squ~re feet of commercial (5,~6S6 daily trips), and squ'~re~ ~ee~ of office (556 'daily trips) of the Reserve Development= '~ of Regional Impact until contracts have been let ~o_ ~he following intersection improvements, including signalization modifications as warranted by city~ county_, or state criteria,_ as applicable (development iewel of thresholds may be'"increased if i~ the traffic mon/toring program that additional deve!o~ment can be accommodated without_exceeding .Level .of. Service peak hour, peak season, or Level of Service "C" under average annual daily conditions): a) Northbound Ba~shore Blvd. One left-turin lane One through/right-turn lane Southbound Bayshore Blvd. One left'-~lane One th~-ough lane -- One right-turn lane Eastbound Prima Vista Blvd. One left-turn lane Second left-turn lane* One through lane Second through lane* One right-turn lane - Westbound Prima Vista Blvd. One left-turn lane -- One through lane*-" One through~right-turn lane ~Intersection improvements beyond current configuration. 3O The above configuration shall be permitted and constructed in accordance with city, county, or State criteria, as applicable. No Certificate of- Occupancy shall be issued for any non- industrial development of more than 1,494 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 paragraphs (a) and (b) above have been completed. 62. No building permits shall be issued for non-industrial development of more than 2,607 residential units (16,314 daily trips), a 250-room hotel (2,141 daily trips), 165,000 square feet of commercial (10,289 daily trips), and 61,000 square feet of office development (974 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 accommodated without exceeding Level of Service "D" peak hour, peak season, or Level of Service "C" under average annual daily conditions): -a)~ ::' Eight-lane Prima Vista Boulevard from 1-95 to West Peacock Boulevard. b) Six-lane Prima Vista Boulevard /rom Wes~.Reacock Boulevard to Cashmere Boulevard. No Certificates of Occupancy shall be issued for non- industrial development of more than 2,607 residential units (t6,314 daily trips), a 250-room hotel (2,141 daily trips), 165,000 square feet of commercial (10,289 daily trips), and 61,000 square feet of office development (974 daily trips) of The Reserve Development of Regional Impact until the improvements underam)-'and.-b).abd%e--have'been completed°- ..... ----- 6'3. No building permits shall be_issued for non-industrial development of more than 2,607'residentia! units (16;314 daily trips), a 250-room hotel (2,141 daily trips), 165,000 square--feet of commerciai~ (10,289 daily trips)~ and' 61,000 square feet of office development--(974 daily'trips) of The Reserve Development of Regional Impact until contracts have been let for the construction of intersection improvements to obtain the following configuration, including signalization or signalization modification as warranted by city, count~ or State criteria, as applicable. BOOK 31 a) Prima Vista and West Peacock Boulevard Northbound West Peacock Blvd. One left-turn lane** One through lane** One right-turn lane** Southbound West Peacock Blvd. One left-turn lane Second left-turn lane* One through lane One right-turn lane Eastbound Prima Vista Blvd. One left-turn lane Second left-turn lane* One through lane Second through lane One through/right-turn lane Westbound Prima Vista Blvd. One left-turn lane** Three through lanes Fourth through lane* One right-turn lane b) Prima Vista Boulevard and California Boulevard Northbound California B!vd. One left-turn lane Second left-turn lane* One through lane One right-tur~ lane Eastbound Prima Vista Blvd. One ~ ieee-turn lane Second left-turn lane* Two through lanes Third through lane* 'One right-t~n lane Southbound California Blvd. One left-turn lane One thr0ugh'lane One right-turn lane_ ._ --.Westb .,,u~,d Pri~a Vista B!vd. One left-turn lane Two through lanes Third through lane~ .......................... One right-~urn lane ~- c) Prima Vista Boulevard and Cashmere Boulevard Northbound Cashmere Blvd. One left-turn lane One through lane One right-turn lane Eastbound Prima Vista Blvd. One left-turn lane Third through lane* One right-turn lane Southbound Cashmere Blvd. One le~t.~urn lane Second left-turn lane* One through lane One right-turn lane Second right-tulsa lane* ......... Westbound-Prima Vista Blvd. One left-turn lane Two through lanes Third through lane*: ................... One right-turn lane d) Northbound_ __~East Torino Parkwa_~ One right-turn lane One left-turn lane* West Midway ROad and East Torino Parkway ~J.LUU3 Eastbound West Midway Road One through lane Second through lane* One right-turn lane* 235 ~OOKU~O ~G~ ~ Southbound East Torino Parkway N/A Westbound West Midway Road One lef%-%urn lane~ One through lane Second through lane* ~Intersection improvements beyond current configuration. ~*Only required if development access exists. N/A = not applicable Ail above configurations shall be permitted and constructed in accordance with city, county or State criteria as applicable. , No Certificates of Occupancy shall be issued for non- industrial development of more than 2,607 residential urgts (16,314 dail~ trips)~ a 250-room hotel (2,141 daily trips), i65,000 square feet of commercial (10,289-daily trips), and 61,000 square feet of office development (974 daily trips) of The Reserve Development of Regional Impact until the intersection improvements under (a) (b) (c) and (d) above have been completed. ' ' ~ 65. No building permits shall be issued for non-industrial development of more than 2,607 residential units (16,3!4 daily trips), 'a ;250-ro0m hotel (2,-141 daily trips), 165,000 square feet of commercial (10,289 daily tr_ips), and 61,000 square feet of office development (974 daily trips) of The Reserve Development of Regional Impact until contracts have been let for the following improvement: Four-lane West Peacock Boulevard from University Boulevard to Prima Vista Boulevard. No Certificates of Occupancy shall be issued for non- industrial development of more than_2~607 residential_units (16,3i4 daily trips), a 250-room 'hotel (2,t41 daily trips), 165,000 square feet of commercial (!0,289 dail~ trips), and 6!~000 square feet of office development (974 daily trips) of The Reserve Development of Regional Impact until the intersection improvements under--~paragraph (a) above have been completed.-- No building permits shall be issued for industrial development of more than 750,000 square feet ($,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 o demonstrated through the traffic monitoring program that additional development can be accommodated without exceeding Level of Set,tice "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 Center (Go Team) entrance to West Midway Road. - 66. No Certificates of Occupancy shall be issued for industrial development more than 750,000 square feet (3,809 daily trips) The Reserve Development of Regional 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 contrac%s, have been let for the following improvement (development level of thresholds may be increased if it is aemonstra%ed through the traffic monitoring program that 'additional development can be Level of Se_~vice "D" accommoda%ed without exceeding peak hour, peak season, or Level of Service '~C" .under average annual daily conditions): Glades Cut-off Road~ ~nd ~Commerce Team Parkway) Center Drive (Go- One through lane One right-turn lane. ~S_°~ut.hbo_und Gla. d~es Cut-Of~ Road ~Ee left-tu~_ l~Ee ' Second left-turn lane* One through lane N/A = Not applicable Eastbound Commerce Center Dr. N/A Westbound C .... One ........ ~~__~,~,~erce Center Dr. ne left-turn lane One right,turn lane current configuration:- No Certificates 'of-Occupancy--shall be"!ssued-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 completed. 67. No buildin~c perm/ts shall be issued for development of more than 3,400 residential units (19,411 daily trips), residential units, a 250-room hotel- (2141 daily trips), 250,000 square feet of commercial (13,480 daily trips), 100,000 square feet of office (1,372 daily trips), and !,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional Impact until contracts have been let for the following improvements: a) b) c) e) f) g) n) i) Four-lane Torino Parkway from East Torino Parkway to Florida's Turnpike. Interchange at Torino Parkway and Florida's Turnpike. Two-lane West Virginia Drive from Glades Cut-off Road to Cashmere Boulevard including 1-95 Interchange° ' Interchanue at West Virginia Drive and 1-95. Four-lane West Virginia Drive from Cashmere Boulevard to Bayshore Boulevard. Four-lane West Virginia Drive Boulevard to Airoso Boulevard. from Bayshore Four-lane' Californ/a Boulevard from South Peacock Boulevard to West Virginia Drive. Two-lane California Boulevard from Noz~h~ Peacock Boulevard to West Torino Parkway. Two-lane California Boulevard from South Peacock Boulevard to North Peacock Boulevard. 68. No Ce~tificates of Occupancy shall be issued for development of more than 3,400 residential units (19,41! daily trips), a 250-room hotel (2141 daily trips), 250,000 square feet of commercial (13,480 daily trips)· I00,000 square feet of offi-ce-(1,3?2 dail~.-.tripS), and-.t-~-2OG~,0~Q~auare feet-o~ industrial development (5524 daily ~rips) of The Reserve Development of Regional Impact-until the improvements under para~aphs (a) through (i) above have been completed. 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 ~ ~ · , ~ee ~ of commercial (!3,480 daily trips), 100,000 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 until contracts have been let for the following improvements ( development level of 35 thresholds may be increased if it is demonstrated through the traffic monitoring program 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) 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 (1,372 daily trips), and 1,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional Impact until the improvements under a) above has been completed. 69D No building permits shall be issued for development of more tha~n 3,400 residential un/ts (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 (1,372 daily trips), and 1,200,000 square feet of 'industrial development (5524 daily trips) of The Reserve -Development of Regi~nal~ Impact ~ ' ~ un~l contracts have been let for the constructiO~ Of intersection improvements to obtain the following Configuration, including signalization or signalization mof~ifi~a~ion_~as .warranted by-citv, co~n~y, or State criteria, as applicable: ' a) California Boulevard and North Peacock Boulevard Northbound California Blvd. Eastbound North Peacock Blvd. One left-turn lane* One left-turn lane* One through/right-turn lane One through/right-turn l~ne Southbound California Btvd~ ' -- Westbound North Peacock Blvd. One left-turn lane* . One approach lane -One through/right-turn, lane.. b) Northbound California Blvd. Two !ef'~-turn lanes Prima Vista Boul~v-=rd ~nd-California Boulevard _ One through lane Second ~hrough lane* One right-turn lane Southbound California Blvd. Eastbound Prima Vista Blvd. Two left-turn lanes Three throuuh lanes FOurth through lane~ One right-turn lane Westbound Prima Vista Blvd. 36 One left-turn lane Two through lanes One right-turn lane One left-turn lane Second ~eft-turn lane* Three through lanes Fourth through lane* One through/right-turn lane c) West Virginia Drive and Glades Cut-off Road Northbound Glades Cut-off Road One approach lane Southbound Glades Cut-off Road One approach lane Eastbound West Virginia Drive N/A Westbound West Virginia Drive One approach lane* d) West Virginia Drive and California Boulevard Northbound California Boulevard One left-turn lane* One through/right-turn lane Southbound California Bird. One !efT-turn lane* One through/r-ight.turn lane Eastbound West Virginia Drive One left-turn lane* One through lane* One right-turn lane* Westbound West Vircin' ia Drive One left-turn lane* One through lane* One right_turn lane* e) Northbound Cashmere Blvd. One hrough/rlght-turn lane West Virginia Drive and Cashmere Boulevard Southbound Cashmere Blvd. Two left-turn lanes* One through/right-turn lane Eastbound West Virginia Drive Two through lanes* One right-tu~--n lane* Westbound West Virginia Drive One left-turn lane* Two through lanes* One right-turn lane. f) .West Virginia Drive and Airoso Boulevard Northbound Airo~O ~Boulevard' *-. One approach lane Southbound Airoso Blvd. One approach lane -Eastbound West Virsinia Drive One left-turn lane* Two through lanes* .... One-right-turn lane* ~d~Wes~%'irci~ia Drive One ieft-tu~n i~e~ Two through lanes~ One right-turn lane* 37 ~oo~ u~ ~,,~::;~r,~ 3 d~ g) West Virginia Drive and Bayshore Boulevard Northbound Bayshore Blvd. One left-turn lane* One through/right-turn lane Eastbound West Vircmnia Drive One left-turn lane~ Two through lanes* One right-turn lane* Southbound Ba~shore Blvd. One left-turn lane~ -- One through/right turn lane Westbound West Vir~nia Drive One left-turn lane* Two through lanes* One right-turn lane* h) Northbound West Torino Parkwa~ West Torino Parkway and Torino Parkway One left-=urn lane~ One through lane One approach lane Southbound West Torino Parkway Eastbound Torino Parkway Westbound Torino Parkway One approach lane *Intersection improvements beyond current configuration. N/A = not applicable All above Configurations shall be.permitted and constructed i:n accordance with city, county, or state criteria, applicable, as 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 !,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional impact until the intersection improvements under paragraphs (a) throuoh (h) above, have been completed. - ?0o Ail project entrance intersection configurations shall maintain Council,s objective ievel of service Pr°ject entrance-intersection configurations, standards° .Ail including any Florida East Coast Railway crossings at Glades Cut-off Ro~d/Reserve Boule=ard ..and at"-G!ades Cut-off Road/Reserve Commerce Center (Go Team) entrance, shall be approved as appropriate by the City of Port St. Lucie, St. Lucie County, Florida Department of Transportation, Florida East Coast Railway, and the Treasure Coast Regional Pisuuning Council. ?1. As a minimum, the Developer shall pap a fair share 38 contribution consistent with the road impact fee ordinance of St. Lucie County. '72. Intersection improvements identified in paragraph (a) below shall be constructed concurrent with the southerly connection of Cashmere Boulevard to Prima Vista Boulevard. a) Northbound Cashmere Blvd. Prima Vista Boulevard and Cashmere Boulevard One left-turn lane* One right-turn lane* Southbound Cashmere Blvd. N/A Eastbound Prima Vista Blvd. Two through lanes One right-turn lane* Westbound Prima Vista Blvd. One left-turn lane* Two through lanes *Improvements beyond current configuration. N/A = not applicable ?3. No further building permits for non-industrial deveioDment shall be issued in The Reserve ~ ' a~er the southerly connection of-Ceshmere B~u!evard to Prima Vista Boulevard is ~=~=~ until the improvements under paragraph (a) above have been completed. No building permits shall, be issued-for development of more than 3,400 residential units (19,41i daily trips), a 250- room hotel (2141 daily trips), 250,000 square fee% of commercial (!3,480 daily trips), 100,000 square feet of office (1,372 dai!~ trips), and 1,200,000 square feet of industrial development (5524 daily trips) of The Reserve Development of Regional Impact until ~ ~ for the following improvements: con~,ac~s have been let a) Prima Vista Boulevard and California Boulevard Northbound California Blvd. One left-turn lane* One through lane* One right-turn lane*_ Southbound California Blvd. One left-turn lane* One through lane* One right-turn lane* Eastbound Prima Vista Blvd. One left-%urn lane* Two through lanes 'One right-turin lane* Westbound Prima Vista Blvd.-' One left-~urn lane* -- Two through lanes One right-turn lane* *Improvements beyond current configuration. NO CertificaTes of Occupancy shall be issued for any non- industrial 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 trips), of The Reserve Development of Regional Impact until the improvements under paragraph (a) above have been completed. 74. Intersection improvements identified in a) below shall be constructed concurrent with the northerly connection of Cashmere Boulevard to Prima Vista Boulevard. a) Northbound Cashmere Blvd. One left-turn lane Prima Vista Boulevard and Cashmere Boulevard One through lane* One right-turn lane One through lane 'One right-turn lane* Southbound Cashmere Blvd. One. left-=urn lane -- Eastbound Prima Vista Blvd. One tef~-turn lane* ~ Two through lanes One right-turn lane Westbound Prima Vista Blvd. One left-Turn lane Two through lanes One right'turn lane - ~*!mprovements beyond current configuration. No further building permits for non-i~dustrL~l development shall be issued in The Reserve after ~he nor= connection.of Cashmere Boulevard t ....... ~her!v ~ rr~ma vista Boulevard i~ open to traffic until the improvements under a) above have been completed. 75. Commencing in Janua~--y of 1990, the Developer may undertake an annual monitoring program. The traffic monitoring program shall be conducted by a traffic engineering firm that is qualified --by the Florida Department- of Transportation in F(3.05), Traffic Operation Stud/es, and S($.06), Traffic Operation Design, or an equivalent. .- If the monitoring Pr°gram'is-'-selected;---it must be commenced- in January, 1989 and maintained on an annual basis. The-- developer shall-submit to-the County--a traffic- monitoring report along with The Reserve,s Annual Development Report. The report shall Present existing counts and traffic conditions, ~including al! analysis, specifying any imp=ovements necessary to provide Level of Se~ice "C" for annual average daily traffic conditions and Level of Service "D" for peak season peak hour conditions. The report Will iden~if~ any exceedance ~ud construction dates as defined 40 herein. Monitoring of each roadway segment listed in Tables I and II may be discontinued when all related improvements to that roadway segment have been completed. The monitoring program for all roadway links shall end at the completion of the Reserve's development (Year 2008). The report will be submitted to all agencies which receive the annual report. The City of Port St. Lucie, St. Lucie County and the Treasure Coast Regional Planning Council shall review and approve the monitoring report and its findings. The program may monitor any or all of the roadway links listed in Tables I and ii. ~ro/ TASLI ! A two-day; mid-week,, twenty- four hour (hourly recordi_nu ) count shall be made on each link. Commencing in January of 1991, the monitoring program will project 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 projected 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 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 determined, building permits for development shall not be issued after the construction date until the needed improvement is let for construction° 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 pe_~mitting of these improvements mus% be completed by the construction date'. when an-exCeedance'date is determined, Certificates of Occupanc~ Sha!l~ not be issued after the exceedance date until the improvement is complete. b) Building permits for industrial deMelopment__tn -excess~ of the levels shown in Table II may be issued for The Reserve if it is shown in the Traffic Monitoring Program that Level of 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 determined, building permits for development shall not be issued after the construction date until the needed improvement is let for construction. 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 exceedance- date is determined, Certificates-of Occupancy shall_not:be--issued ~fter;~the~.e~ceed~ncez:dat~Ec~£.rsnr~. until the improvement is complete. 76. Commencing in January, 1990, the developer may undertake an annual monitoring program of the 1-95/Pr±ma Vista Boulevard interchange. The traffic monitoring program shall be conducted by a traffic engineering firm that is qualified by FDOT in F(3.05) - Traffic Operation Studies and G(3.06) - Traffic Operation Design or an equjval'ent. If the monitoring program is selected, it must be commenced in January, 1990 and maintained on an annual basis. The developer shall submit to the City of Port St. Lucie, St~ Lucie County and the Treasure Coast Regional Planning Council a traffic monitoring report along with The Reserve's Annual Development Report. The report shall present existing counts and traffic conditions, including all analysis, specifying any improvements necessal-y to provide Level of Service "C" for annual average daily traffic conditions and Level of Service "D" for peak season peak hour conditions. The report will identify any exceedance and construction dates as defined herein. This monitoring program shall include ~M and PM peak hour turning movement counts for one hundred twenL-y (120) minutes to capture the maximum sixty minutes at both interchange exit ramp intersections. Commencing two years from the opening of the interchange, the monitoring program will project traffic demands for each turning movement using the historical traffic growth data from the monitoring program and considering projected development with The Reserve° Forecasts will be made for a three-year peri~d.~ Crit/cal movement capacity analysis of these intersections shall be performed using ~he projected AM and PM traffic volumes. The analysis shall be based upon criteria relating to operation .and design as set for~c~h in Transportation Research Circular on Highway Capacity,g` January, !980. ,-- --n~erlm ~a~e~lais When either intersection is projected to exceed its capacity for Level of Service "C" or "D" during the three-year period, the month and year for such exceedance will be estimated (exceedance date). Building permits for non-industrial development in excess of !,494 residential units (9,073 daily trips), a i50-room hotel (1,261 dsi!y trips), 65,000 s~uare feet of commercial (5,616 daily .trips), and 30,000 square feet.of office (556 dai!~ trips) of office may be issued for The Reserve if it is shown in the Traffic Monitoring Program that' Level of 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 determined~ building permits shall not be issued after the construction date until the needed improvement is lc% for construction. The construction date is defined as eighteen (18) months prior to the exceedance date for bridge improvements. Design Permitting of these improvements must be completed by the construction date~ a) b) c) d) Addition of a two-lane parallel structure. Northbound right-turn lane. Southbound right-turn lane. Second southbound left-turn lane. When an exceedance da~e is determined, Certificate of Occupancy shall not be issued after the exceedance date until the improvement is complete. 77. a) b ) 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 Departmenu of Transportation, and Treasure Coast Regional Planning Council, which demonstrates that the regional roadway network can accommodate a specified amount of additional Reserve Development of Regional Impact generated traffic and growth in background traffic beyond 2005 and can still be maintained at Level of Sea--vice "C" during average annual gaily traffic conditions and Level of Service "D" during peak hour, peak season condftions The tra~' · ~ic study shall: Be conducted in Year 2005. Identify the 'improvements and timing' of those impr°vements:necessary to provide Level of Service "C" under average annual daily operating conditions and Level of Service "D" under peak hour, peak season operating conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building perm/ts shall not be issued until a new Project phasing program and roadway improvement program necessary to maintain acceptable levels of service have been approved by the City of Port St. Lucie, Sro Lucie Count~3,- Florida Department of Transportation, and Treasure Coast Regional Planning COuncil for .the remainder of the development° HOUSING 78. Prior to application for building permits for any hotel, commercial, industrial, or residential development in The Reserve Development of Regional Impact beyond that authorized in the Preliminary Development Agreement, the developer shall provide an estimate of the number of permanent jobs that will be created within the project boundaries at bulldout and during occupancy of each project phase° This estimate of total permanent employment generated shall be broken down by salary range and compared with the affordability of residential units which have been or will be constructed prior to buildout of that phase or previous phases under review. In addition, the developer shall conduct a housing study to determine the min!mum distance from The Reserve Development of Regional Impact where an adequate supply of housing which is affordable to all persons working in The Reserve Development of Regional Impact is located. This housing study will examine the location and costs of this housing and will include a plan for the provision of affordable housing should there not be enough supply in the vicinity. The developer may create more permanent employment than housing opportunities for employees, but shall not construct any housing which is not affordable to employees of businesses within the project boundaries until such time as affordable housing opportunities in the vicinity of The Reserve Development of Regional Impact have been provided for all employment created in that phase of development° Consistency of development plans with this intent must be determined by the City of Port St. Lucie, St. Lucie County, and the Treasure Coast Regional .Planning Council prior to ?~,e issu~a~'~e of, build~'ng permits for any development beyond ~nat authorized bp the PreliminaryDeveiopment Agreement] BE IT FURTHER RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: B. The legal description for the property under this amended Development of Regional Impact Application for Development Approval, uis._as.follows: _ --=- -~ SEE ATTACHED EXHIBIT A C. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the St. Lucie -County Community Development Director and the Port 45 St. Lucie City Planner, as appropriate, for a determination by the Board of County Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes° The Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie, as appropriate, shall make its determination of substantial deviation at a public hearing after notice to the developer. D. St. Lucie County/the City of Port Sro Lucie shall monitor_the development of the pro3ect to ensure compliance with this Development Order. The St. Lucie County Community Development Director and/or t-he City of Port St. Lucie City -Piann~r', as appropriate,- shall be the local official assigned the responsibility for mOnitoring the development and enforcing the terms of the DevelOpment Order. The Community Development Director/City Planner may require periodic reports of the developer with regard to an~ 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 anniversaz-y date of the adoption, the earlier date if two separate orders are-adopted,_.of this amended Development Order and shall'include the.following: Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting ~ear and for the next year; 0 P, ~ 46 OP. A summary comparison of development activity proposed and actually conducted for the year; iii. iV. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; Identification and intended, use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; An assessment of the developer's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; vi. Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year; vii. An indication of a change, if any, in local _} government jurisdiction for any portion of the ' - development since~ th~-Development Order was issued; viii. A list of significant local, State~ and federal permits which have been obtained or which are pending by agency, ~ype of per~t, permit number, and purpose of each; iX. The annual report shall be transmitted to St. Lucie County, the City of Port St. Lucie, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Natural Resources, the South Florida Water Management District, the Florida Department of Environmental Re_culation, and such additional parties._as may be appropriate or required by law; A copy of any recorded notice of the adoption of a Development Order.or.the subsequent modification .. of an adopted Development Order that was recorded by the developer pursuant to -Subsection.. 380._06(15), Florida Statutes; and Any other information requested by the Board of Commissioners of St. Lucie County/City Council of the City of Port St. Lucie or the St. Lucie County Community Development Director/Port St. Lucie City Planner to be included in the annual report° OR ~ 47 O~ ~ F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. G. St. Lucie County hereby agrees that prior to March 14, 2009 The Reserve Development of Regional Impact shall not be sub3ect to down zoning, unit density reduction, or intensity reduction, unless the County/City, as appropriate, demonstrates that substantial changes in the conditions underlying the approval of the amended Development Order have occurred, or that the amended Development Order was based on substantially inaccurate information- provided by the developer, or that the change is clearly established by 'St. Lucie Count!Z/the City of Port St. Lucie to be essential to the public health, safety, or welfare. H.... This amended Development. ....... Order-._ shall be --Te_~Tz_bindin~.~__ the developer and its assignees or successors in interest. It is understood that any reference herein to ~ny governmental agency shall be construed to mean any future instrumentali~, which be created and designated as successor in interest to, or which otherwise possesses any of .the powers and duties of any referenced government agency in existence on the effective date o~ this amended Development Order. I. The approval granted by this amended Development Order . is conditional and shall not be construed to obviate the duty of the developer to comply with ail other applicable lOcal, State, and federal permitting requirements. .48 J. In the event that any Dortion - or section of this ~aended Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended Development Order, which shall remain in full force and effect° K. This amended Development Order shall become effective March 21, 1989. Through the enactment of this amended Development Order, St. Lucie County Resolution NOo 8~-357 is hereby declared null and void, and is no longer to be the implementing Development Order for this project L. Certified copies of this amended Development Order shall be transmi~te6 kmmediateiy by certified ~ail to the Department of Community'-Affairs, the Treasure Coast Regional Planning Council, and Callaway Land and Cattle Company. M. Within 21 days of the effective date of this resolution amending Resolution No. 88-357., and approving an amended Development Order, the developer, shall record a notice of adoption of this order in compliance with Chapter 380.06(!5)(f), Florida Statutes, with copies of said notice being, provided to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council,"StJ--Lucie ~County-and 'the City-of-Port- Sro Lucie. After a motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper Vice-Chairman Havert Fenn Commissioner Jim Minix Commissioner Ro Dale Trefelner Commissioner Jack Kreiger AYE AYE AYE AYE ABSENT ? ? .ATTW. S T: PASSED AND DULY ADOPTED, this 14th day of March, 1989 BOARD OF COUNTY ST. LUCIE CO~TY, FLORIDA ~-'~.L--.::~'.-:.3'.:. ~' B Y : APPROV TO FO~& CoRREcT~S~¥~:: ' 'COUN~~NEY - ~ RZ89-7~b (RESERVE) clean copy 5O 5. ~l-~C;.~' A']' T.'-!~/ P?!NT OF iNTERLiECT,'O,-,' OF '11!5 NOR'F/! LI;-i?_ CF- C;,:D £ECTiON 23 AND THE WESTERLY LINE OF A FLORIF.-A PO~ER /5 L'IG}qT CC.. E/,SENENT R.~CORDED IN OFFiC~^L RECORDS t300}: 99. t;AGE '7]. P::3L:-C RECORDS OF ST. LUCJE COUNTY. FLORIDA. THENCE NORTH 00'OO '12" EAST ALONG SAiD WESTERLY EASEMENT LINE. A DISTANCE OF 39V6_77 FEET TO THE POINT OF I.~TE.qSECT]C.F WITH THE SOUTHERLY LINE OF FLORIDA POWER a LIGHT CO. PxlG~T-OF-WAY DE..qCRIBED iN OF'FICIAL RECORDS BOOK '9S PA~E ~040; . H._NCE SOUT~ ~9 13'28' WEST. 121.23 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF SAID SECTION 15; THENCE NORTH 89'29'O1' VEST 575.12 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER ~ LIGHT CO. RIGHT - OF - ~AY AS RECDRDED IN OFFICIAL RECORDS BOOK 2!8. PAGE 22'25; THENCE SOUTH 7~4'45"SS' ~EST. ALONG SAID EASTERLY RIGHT - OF - WA." LINE. A DISTANCE OF ~_001.42 FEET TO A POI~:T ON THE WESTERLY LINE OF THE PLAT OF G.O. TEAM INDUSTRIAL PARK UNiT ONE, AS-RECORDED iN PLAT BO-OK 23, PAGE 31 ~, 3IA PUBLIC RECORDS OF ST. ' "~--' ,' '" W - ' v -- FLORIDA; SO~TH,~ ---c ~:ES~E'~L' ALONG THE WESTERLY LINE OF SAID PLAT THE FOLLOWING .-Oo~.~E~.. AND DISTANCES: ' THENCE NORT~ 63'39'59' WEST. iSg.li F~-E'T_a; T~ENCE NORTI; 45'13<£3- WEST, 510.04' FEE-f. THENCE SOUTH 44'45'58' ~F-ST. .120.00 FE~.-2'_; T~ENCE SOUTH 4~'13'53' EAST. 660.03 FEET TO A POINT ON TH~ WESTERLY LINE OF A PA~EL OF LAND DESCRIBED IN OFFI'~IAL RECORDS BOOK ~4. ~A~ES 237 - 239. PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA; THENCE DEPARTING THE WESTERLY LINE OF SAID PLAT OF G.Oo TEAM INDUSTRIAL PARK UNIT ONE AND ALONG-THE WESTERLY LINE OF SAID PARCEL. SOUTH ~4'~5'$8' WEST. 1393.86' ERE-f .TO THE POINT. OF INTERSECTION WITH THE SOUTH LINE OF SAID SECTiO~ 15: T~ENCE NORTH e9-~3-26~ ~EST. ALONG THE SOUTH LINE OF. SAID SECTION 1S. A DISTANCE OF 153_25 FEET TO A POINT OF THE iNTERSECTION THE EAST LINE OF THE ~EST 1/2 OF THE SOUTH,S'ST I/4. OF THE' SOUTHWEST i/4; OF SAID SECT]ON !5. ALSO ~E!NG A. POINT 'ON THE NORTHERL~ LINE OF A PARCEL OF LAND DESCRIBED 'IN THE OFFIC1AL RECORDS BOOK 349, PAGES 604-606. PUBLIC RECORDS OF ST. i. UCiE COUNTY~ FLOR]DA:' THENCE ALONG THE NORTHERLy AND WESTERLy LiNE OF SA~D PARCEL THE FOLLOWING COURSES AND DISTANCES: TMENCE NORTH 00'02'24- WEST. ALONG SAID EASTERLY LINE OF THE ~EST t/2 OF THE .SOUTHWEST I/~ OF THE-SOUTH~EST- 1/~- /% DISTANCE OF 780_58 FEET TO THE POINT OF INTER- SECT]ON WiTH THE wESTERLY RIGHT - OF - WAy LINE OF THE FLORIDA EAST COAST RAILW^y ~K-L]NE): THENCE SOUTH ~-~'~5'58- %qEST ALONG SAtD R~GHT OF - way LiNE 9075.90 FEET TO A POINT OF INTERSECTION ~'iTIt THE NORTII LiNE .L:~,'A PARCEL O? LAND DESCRIBED ]N OFFiCiAL RECORDS BOOK 3-14. DilGES 1093 -.!095. PUBLIC ~ECORDS OF ST. LUC] F: COUNTY. FLORIDA_ TY.,Zt~'-t.~ l)_:,,.lT. NC. T ~EST~R Y Li NE OY ]'Ha:f-- P,x:CCZL O~ LaND NORT~iKRLY LINK OF TtlAT PARCI:I. OF LAND I)ESC~IBE9 IN a~-~iCjAL 1006. PUDL}'C NECORDS OF ST. LUCIE COUNTY. Fi. OR!E,a. TIlE F'C,t.I.O~ING COURSES AND D~.)TAN.~: THENCE SOUTH 43'34'09' EAST. 53~0.47 FEET: THENCE SOUTH 43'O8'~0' EAST. 5082.07 FEET; THENCE SOUTH 46'44'37' ~EST. 126!.19 FEET: THENCE SOUTH 43'08'26' EAST. 173.69 FEi"T; THENCE NORTH ~0'58'5~- EAST. 959.07 FEET; THENCE NORTH 61'5i'3~' EAST. 619.04 FEET; THENCE DEDARTING SAID SOUTKERLY LINE AND ALONG THE NORtHERLy AND ~ES~ERLY LINE OF PARCEL.S OF LAND !DESCRIBED iN A LAND E~iCHANGE AGREEMENT BETWEEN CALLAWAY LAND & CATTLE CO. AND PEACOC~ FRUIT- & LAND CO. THE FOLi.O~NG COURSES AND DISTANCES: THENCE SOUTH 43'08'22' EAST. 1588.47 F'EET: THENCE SOUTH £?'13'0~' EAST. iXS5.O4 FEET: T~ENCE SOUTH EAST~ 134.57 FEET:..TO A POINT ON THE ~ESTERL~ LINE OF A 'FLORIDA PO~ER & LIGHT CO. EASEMENT RECORDED RE~ORDS OF ST. .LUCiE COUNTY. FLORIDA: THENCE NORTH ~ESTERL~ ~EASEMENT LZNE~ A DISTANCE.OF 6$3.65 FEET; ~SEMENT LINE. A DISTANCE OF 640.99 F~: THROE L~NE A DISTANCE OF 637.'0! FE~ TO A POINT ~ESTF~Y ON THE LINE OF A FLORIDA POW~ & LIGHT CO. EASEMENT AS RECORDED IN OFFICIAL RECORDS BO0~ 97. PAGE 504~ PUBLIC RECORDS OF-ST. LUCIE COUNt. FLORIDA; TRENCH ALONG THE WESTERL~ LINE 0F SAID FLORIDA PO~ER a LIGHT. CO. EASEMENT-AND THE ~TERLY LINE OF.A ~ORIDA PO~ER a LIGHT CO. EASEMENT RECORDED !N -OFFICIAL RECORDS- BOOK 120. PaGE -!99-'PUBLIC-RECORDS "OF- S~. - LUCIE COUNTY. FLORIDA. NORTH 00'00'11' EAST. A-DISTANCE OF 2244_91 FEET T0 THE POINT OF INTERSECTION" N!TH THE ~ESTERLY RIGHT -. OF- UAY LINE OF THE PROPOSED INTERCHANGE OF STATE ROAD 9 (INTERSTATE. t-'95) AS SHOUN AND DESCRIBED ON A BOUNDARy SU~UEy MAP PREPARED BY ST. LUCIE ~EST.- THOMAS' ~2---~H!TE DEUELOPMENT--- CORPORATION; SIGNED AND SEALED BY DAVID u. FLORIDA CERTIFICATION NUMBER '~ ~-99 DATED 3UNr TIiENCE DEPARTING SAID NORTHERLY AND wESTERLY LINE OF THE LaND EXCNANGt-.' PARCELS. NORTHWESTERLY ALONG TtiE WESTERLY t}ICHT-OF-wny LJNE OF SAID INTERCiiaNGE aREa TtIE FOLLOWING COURSES AND DISTANCES: ~OOK BOOK =1 'I_'HE A~>;,'E DESCRIBED POINT OF INTERSECTION ~E1NC ;, ON 2. CURVE CONCAVE TC THE SOUTK~AST wIT.~ A NaDIUS ;2D~.OC AND a RADIAL LiNE TO ~EAT POINT ~HICH ~,,.. 66' ' 3' EAST; ' n' CE~IH'RAL ANGLE CF 02'32'09' TO a POtNT O~ C')HPOUND CURVATURE~ OF a CURVE CONCAVE ?0 THE SOUTHWEST WITH A RADIUS OF 600'.50 FEET: THENCE NORTHNESTERLY ALONG THE ARC OF SAiD CURVE a DISTANCE OF 626.01 PEET, THROUGH CENTRAL ANGLE OF 59'43'46'; THENCE NORTH 86'96'32' wEST, 960.95 FEET; THENCE NORTH 05'45'3$' EAST, 64.11 FEET: THENCE SOUTH $9'53'28' WEST, 3G0.O0 FEET: THENCE NORTH 00'06'32' WEST, 140.GO FE~; THENCE NORTH 89'53'28' EAST, 300.01 FEET; THENCE NORTH W~T. 64.11 FEET; THENCE NORTH 85'52'28' EAST, 388.39 UEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 131. O0 FEET; THENCE NQRTHEASTERLY ALONG THE ARC OF SAID CURVE A-D/STANCE OF 149.~5 FEET THROUGH A CENTRAL ANGLE OF 6S'19'111 THENCE :~ORTE 20 ' 24 ' 17" ~ST, 532.11 FE~ TO A POINT CURVATURE OF A CURVE CONCAVE TO THE SOL, HEArT %'i~H A RADIUS 0~ 621.42 FE~; T~ENCE I--oR;HnA/bTERLY ALONG THE ARC OF SAiD CURVE A DISTAtlCE OF 416.77 fEET T~ROUGE A CENTRAL ANGLE OF 38'25'3S'; THENCE NORTH 58'59'55' r~c~ 462.06 FEET TO A POINT OF CURVATURE OF A- CURVE CONCAVE. TO THE NOR~_H~EST ~iTH A RADIUS OF 600.50 THEN~ NORIHEASTERLY ALONG THE ARC OF SA~D CURVE A DIsTANcE OF 175.93 FE~ THROUGH A CENTRAL ANGLE OF ~ ~u TO ~ POINT OF INTERSECTtO~ ~TH AFORE SAID ~L~-RxDA POW~ a LIGHT "O ~ .. EASEMENT LINE; THENCE 'DEPARTING O0'O0'tl~' EAST. ~.SEMENT LINE. A BEGI~NNiNG. 'SAID INTERCHANGE RIGHT-OF-WAY LI-NE. NORTH ALONG SAiD ~ESTERLY FLORIDA POWER & 'LIGHT CO. DISTANCE OF 8215.66 FEET TO THE- POINT OF CONTAINING 269'8.65 ACRES MORE OR LF_~qS. RED COCKADED WOODPECKER EX~IBIT ,:,3 A Red-cockaded Woodpecker Management Plan for The Reserve Developmen~ of Regional Impact February 15, 1989 -- ~ Approved by: Treasure Coast ona! Planning Council -- for Florida Game and Fresh Water Fish Commission for U. S. Fish and Wildlife Service A Red-cockaded Woodpecker Managemen~ Plan for The Reserve Development of Regional Impac~ Introduction The Red-cockaded Woodpecker (Picoide~ borea!i~), 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 committed responsibilities of t-he developers of The Reserve DRI to help assure the continued value of the proper~y to this endangered woodpecker species. Current.Us~ of th~ sit~ 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 Commissionv was initiated on April i0, 1988. The survey was conducted on 150-foot ~ransects throughout ~he site kno-~n as The Reserve in St.' Lucie County., Florida~ Additional surveys were conducted by a minimum of two field observers and up to five field observers on each occasion. A total of 160 man-hours were spen~ on the site su,~veyo BO0~( Ail suspected cavity trees were f'ield-marked with sur~ey tape and the position of each was plotted and numbered on an aerial photographic map (1"-400,) of the site flown on December 9, 1986 (see Exhibit H%~W-3, Treasure Coast Regional- Planning Council Assessment Report for The Reserve DRIP. on May i0 through May 13, 1988, Florida Forestry Services Co. performed a Red-cockaded Woodpecker foraging habitat analysis '(see The Reserve Application for Developmen~ Approval). During_ the visit on November !l, 1988, it was asce~ained that Colony A (see Exhibit EVW-3, Treasure Coas~ Regional Planning CounciZ Assessment Repo~ for the Reser~-e DRI) remains active. This was the only site at which there was a nes~ in !988. Colony'B now has only one live cavity tree, the rest having died as a result of a wildfire in April !988. The live cavity tree and one of the.dead cavity trees showed some signs of minimal use by Red-cockaded Wood- peckers. The level of use suggests the presence of a lone bird. Colony C showed no signs of recent Red-cockaded Woodpecker use. Potential Imacts o_f D_e_ve o: ment On May t9, 1988, Dr. Jerome A. Jackson visited The Rese~¢e in order to eva!ua~e the si~e characteristics, the present s~atus of the Red-cockaded Woodpecker on the Site, and to recommend management needs for the existing colonies on the site. Potential negative impacts of development on the Red- cockaded Woodpecker include: 1') destruction of cavity trees, 2) reduction in quality and/or quantity of foraging habitat, 3) isolation of colony sites and cavity trees, 4) disruption of breeding activities, 5) reduction of t-he diversi~y and s~ability of the food supply, 6) increased competition from other cavity nesting animals, and ?) de!ibera~e 3tilling of birds. Protection and Mana ement Action to be Taken by theDevelo=-ers The followin_a actions will be taken to minimize developmen_ tal impacts on the Red-cockaded Woodpecker on The Reserve DRi: Each cavity tree will be tagged with a permanent, numbered aluminum tag. Ail known cavity trees will be located by survey on a I"-400, aerial photograph. DR 2. Permanent presez~e areas shall be set aside around each of the three Red-cockaded Woodpecker colony si~es which have been identified on The Reserve DRi (Colony Sites A, B, and C as shown on Exhibit HA;W-3, Treasure Coast Regional Planning Council Assessment Repo~ for The Reserve DR!). The size and shape of each colony site preserve area shall be established based on: a) the distribution of cavity trees, b) a general requiremen~ that each cavity tree wi~hin the colony site be buffered from development activities by 200 feet of preserve area, and c) the guidelines contained in the U.S. Fish and Wildlife Se.~vice Red-cockaded Woodpecker Recovery Plan (1979). As a minimum each colony site preserv? L~are. a- sha_~!l.~i..nF~iude_ t.e.~ ~'a~reM of surroundin~ habitatv. - At Colony Site '.A,. the boundaries of ~he ' colony will be defined by the limits of private · property and already constructed homes to the west and northwest, by rdue -limits of the already cleared right of way for Reserve Boulevard to t~he no~heas~ and east, and by at least a 200-foot buffer on other sides of the cluster of cavity ~rees. New buildings will be kept at least 200 feet from active trees. Pr~i-or,~to any further clearing on site, fencing of the y lees ~~a~ ed aro~nd the ~=u~,on, an~ approved by Tr~'asure. 82:9 BOOK ~l~t Regional Planing Council in consultation wi%h the U.S~dlife Service and the Fio~dafGam~e and Fresh--Water Fis~ ~om~slon. Such/fenci/ng shall be of a t e that will YP c±earl~.~tde~tify and designate the ndarles of theogony sites and ~ize the poten- tial dis~~ of this area during land clearin~and tion. ~.~ Prescr~ed b~ns and/or mechanical clearing of the understo~ wi~in each colony site prese~e area will be conducted at two- understo~ control Red-cockaded Woodpecker is maintained. Unders~o~ con~ro! is necessa~ ing cavity en~r~c~, foraging h~itat of female Red-cockaded Woodpeckers, and to prevent the ac~ula~ion of excessive fuel ~a~ could result in, a disastrous control ~e ~~ will be conducted during the non-breeding season, be~een July ! and Dec--er 30)~_~ Outlying abandoned cavity trees (as shown on E~it ~-3, Treasure Coas~ Regional Planning Co~nci! ~sess- ment Repo~ for The Rese~e DRI) sh~!! be protec%ed. ~andoned cavity trees outside of defined colony sites will be inco~orated into golf course buffers and stands between green areas rather than in' ~eveloped areas to the maximum e×tent possible. In no case shall less than 20 feet of buffer be left around these trees for the purpose of mlnlmlzlng impacts of construction on ~ree survival. 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 i through June 30 without roping off preserve areas to minimize disturbance during the Redmcockaded Woodpecker nesting period. A monitoring program will be initiaued to document the presence or absence of Red-coCkaded Woodpecker nesting activity. Each colony will be surveyed at least twice during *,he period May 15 through June 15o This moni- toring progra~ will be performed by a qualified ornithologist° Results of t_he survey shall be provided to Treasure Coast Regional Planning Council, Florida Game and Fresh Water Fish Commission, and the U.S. Fish and Wildlife Service. o Contiguous stands of trees will be maintained to minimize the.energetic cost of foraging and to minimize the Red-cockaded Woodpecker, s vulnerability to aerial predators. The intent here is to avoid creating si~ations where colony sites are totally separated from foraging areas by wide expanses of open areas without trees, that would have to be crosses bv foraging birds. .All future development will minimize the nu~he~ of trees that have to ~e removed by maximizing the use cf existing open space! Micrositing of houses and other buildings on development lots will be accomplished by deed restrictions and/or covenen=s and restrictions. A tree planting program will":replace trees lost cons=ruc=ion, lightning strikes, and fire, and.for the purpose of increasing ~he. basal, area cockaded Woodpecker habitat available. assure maintenance of adequate pine developer agrees to: BOOK of the Red- In order to habitat, the repiac~ each four- to eight-inch DBH pine tree removed with one pine tree of at least four inches DBH; replace each eight-inch DBH or greater size pine tree removed with two pine trees of a= least four inches DBH; provide a sufficient amoun= of foraging habita= (as defined by the U.S. Fish and Wildlife Service Red- cockaded Woodpecker Recovery Plan) within the vicinity of Colony Sites A, B, and one half the prescribed amount of habita= for Colony Site C, which is on the bounda.~y 0f the property. Such habitat will be Provided via preservation of habitat to the maximum extent possible and by tree planting ~o 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. !0. If the number of pines equal to or greater ~han ten inches DBH removed or otherwise lost approaches i~000~ a reevaluation of pine forest habitat available to the birds w{~l_l be done ~o dete~.~mine if losses have been offset by trees recruited tol~the ten inches + DBH class ~hrough growth. Based on the results of such reana!ysis, additional trees will be planted, or the number of trees that may be removed will be modified as necessary° The annual repor~ submitted 'to Treasure Coast Regional Planning Council as required by Section 380.06, Florida Statutes, shall include the_results_of_all_ monitoring_ surveys required by number 6,.above,._.and a s%u~mary of' all records of trees removed required by number 9, above. These results shall also be submitted to the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Scl-vice annually. BO0~( BODY, 12. Any changes to the above-mentioned actions must be approved by Treasure Coast Regional Planning Council in consultation with the U.S. Fish and Wildlife Sel-vice and the Florida Game and Fresh Water Fish Commission prior to the initiation of the change. Attachments BOOK' /D GOPHER TORTOISE EXHIBIT ENVIRONMENTAL MANAGEMENT.SYSTeMS, INC. BIG TREE CENTER Suite//112 1958 N. Hwy. 427 Longwood. Florida 32750 (407) 280-0883 MEMOR~.NDUM GARY E. EXNER. ENV. CONSULTANT PROC:EDLJRES the °~ 6~g ~£3~g SANDH~TLL CRD~N'E EXHIBIT TYPE A BUFFER ~25' DENSE VEGeTATiON TYPE B BUFFER ~1,50' OPEN RANGE VEGITATION 'FYP. uPLA2~) DEVELOPMENT POD DEVELOPMENT POD TYP. GOLF CORRDOR 83 SANDHILL CRANE HABITAT °~' 62:9 o ~ ~00K :FYPE A BUFFER O25' DENSE VEGFFATION ~P. GO~F CORRIDOR 6¸1 TYPE B BUFFER ~=50' OPE~ ~ 'V'~GFrATION BOOt( HABITAT '~ r,A~30 All:2__5 CUR, R~ENT ZONING PUD RED AR-1 - BLUE RS-2 - GREEN 26, 27-36~39 PETITION OF CALLAWAY LAND & CATTLE CO., INC. BY AGENT: REGINA KA~NER, P.m.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CT ~ FUTURE LAND USE SU - BLUE RL - RED CG - GR~EEN CT - ORANGE 26, 27-36=39 PETITION OF CALLAWAY LAN~ & CATTLE CO., INC. BY A~ENT: RE6INA KARNER, P.L.S. FOR A CHAN6E IN ZONIN6 CLA$SIFI~CATION FRO~I AR-1 TO CT AUTOMATED SERVICES USER WORK REQUEST FORM fAGENCY REF~ NBR_.__N_JA AUTOMATED SERVICES REF NBR CURRENT DATE 3-31-89 ___ MUST BE COMPLETED BY A.S.A.p. REQUESTING AGENCY UESTER: ELISA SANFORD PHONE: 1584 PLANNING i AUTHORIZATION: LABELS [ X ] TAPE [ ] DISKETTE [ ] REPORT/LISTING [ X] FICHE [ NUMBER OF COPIES 8 Labe~ THIS A DUPLICATE --4--R~ports OF A PREVIOUS REQUEST [y] [~ APPROX. DATE LAST REQUESTED-__ REPORT IDENTIFIER DESCRIBE REQUEST: PI,EASE PRINT EIGHT 8 _ SETS OF MA/LING LABELS WITH FOUR (4 COPIES OF THE CORRESPONDING__ REPORT. REPORT MUST INCLUDE TAX I.D. NUMBER, OWNER INFORMATION AND PROPERTY__DESCRIPTiON FOR THE ATTACHED TAX I.D. NUMBERS. DATE RECEIVED- -,To BE COMPLETED BY AUTOMATED. S. ERV-IC~S -- CO-ORDINATOR: EST. COMPLE ' = '-- DATE :- THE RESERVE (3/31/89) 3314-113-0000-0000 Thru 3315-100-0003-0004 Thru 3315-701-0001-0005 Thru 3316-000-0000-0009 Thru 3320-444-0000-~0109 Thru 3321-111-0000-0006 Thru 3321-501-0000-0106 Thru 3321-802-0001-0004 Thru .3321-803r0001-0007 Thru 3322-111-0000-0102 Thru 3322-313-0001-0006 Thru 3322-601-0001-0000 Thru 3327-000-00:00-0003 Thru 3328-111-0001-0004 Thru 3328-701-0001-0005 Thru 3329-111-0001-0007 Thru 3334-111-0000-0109 Thru 3420-670-1261-0002 Thru 3420-670-1391-0002 Thru 3420-720-0062-0002 Thru 3314-222-0001-0002 3315-334-0002-0006 3315-703-0019-0000 3316-444-0002-0007 3320-444-0002-0000 3321-433-0001-0002 3321-801-0066-0004 3321-802-0037-0005 3321-803-0088-0000 3322-233-0026-0002 3322-313-0027-0004 3322-601-0045-0000 3327-441-0001-0005 3328-223-0001-0008 3328-701-0026-0006 3329-111-0004-0008 3334-441-0001-0007 3420-670-1288-0007 3420-670-1396-0007 3420L720-0064-0006 ~E,4UT CURRENT ZONING PUD - RED AR-1 - BLUE RS-2 GREEN 26, 27-36-39 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 CT u FU1-URE LAND USE SU - BLUE RL - RED CG - GREEN CT - ORANGE 26, 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 CT C0MMI SSI ON ~EV~EW: May 2 3, 98-9 RESOLUTION NO.: 89-121 FILE NO.: RZ-89-015 AGENDA ITEM: MEMORANDUM FROM: 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 CT (Commercial Tourist). Tuesday, May 23, 1989, you will be" asked to review a on behalf of Callaway Land and Cattle Co., for a change from AR-1 to CT~ for property located in the southwest of the intersection of 1-95..& Prima Vista Boulevard. The will permit commercial development-.i'n association with Development of Regional Impact. staff has reviewed this petition and determined it ~nt with the Land Development. Policies of the St. Lucie Growth Management Policy Plan', .and the- approved ment order for this project.' April 27, 1989, the St. Lucie County Planning Commission held a public hearing on this petition. Mr. lcomb presented the petition and- stated that the" rs intend to construct a hotel, on this .property. After no public comment in favor-'or opp.osition to the petition, nning and Zoning Commission voted unanimously to recommend 1 of this petition. ~tached, you will find a copy of Draft Resolution-%89-121, .ginal staff report, and the minutes of the April 27., 1989, and Zoning Commission meeting~ If you have any questions matter, please let us know. ~aff recommends approval of Draft Resolution %89-121. May 15, 1989 Page 2 Subject: Calloway Land and Cattle Co. RZ-89-015 CONCURRENCE: Terr~ L. Virta Development Director DJM/RMS/la Attachment RESERVE2(RMS_8) cc: Asst. Co. Admin. Kindred County Attorney Regina Karner Commission Secretary Press/Public TUESDAY AGENDA - BOARD OF COUNTY COMMISSIONERS MAY 23. I989 1:30 P.M. Petition of Callaway Land & Cattle Co., Inc., Karner & Associates, for a change in (Agricultural, Residential _ 1 du/ac) to CT 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, h~ W~l 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, 19.89. Legal notice.was published in the News Tribune, a newspaper of general Circulation in St. Lucie County, on May 3, 1989. by Agent: zoning from AR,1 (Commercial, Tourist) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/.Judy Culpepper, Chairman FILE NO. RZ-89-015 RESERVE P.U.D. SECTIOi~ III - CO~HERCIAL TRACT B-SOUTH REFERENCING THE REVISED INTERCHANGE BOUNDARy LINE A PARCEL OF LAND LYING WITHIN SECTIoNs 26 AND 27. TOWNSHIP 36 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTy FLORIDA MORE PART*CULAR-Ly ' DESCRIBED AS FOLLOWS: COMMENCE AT'THE NORTHEASTERLY CORNER OF "THE RESERVE ~.U.D." AS DESCRIBED RESOLUTION NO. 84-129 AND RECORDED IN O.'R. BOOK 442 PAGES 667 THROUGH 6?2 PUBLIc RECORDS OF ST. LUCIE COUNTy, FLORIDA: LYING ON' THE NORTH LiNE OF SAID SECT!ON 22; THENCE SOUTH 89;45,33. EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.94 NORTH 89~23,09.. EAST, ::NORTH LINE OF SAID SECTION 23, A TO THE NORTHEAST CORNER OF SAID SECTION 22, THENc5 95.78 FEET TO LIGHT COMPANY. WITH THE WESTERLY LINE OF A FLORIDADIsTANCEPOWER AND OF RECORDED IN O.R. BOOK 97 PAGE S04 PUBLIc .RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00~00,11. WEST ALONG SAID WESTERLY LINE OF THE THE WEST LINE OF A' O.R. BOOK 120, FLORIDA, A PROPOS AS ~ICATE AND LIOHT COMPANy RIGHT-OF-WAy, A~D ALSO AS RECORDED IN PO LUCIE COUNTy, IRT OF INTERSECTION wITH THE ERSTATE - 95 INTERchANGE PARCEL OF THE'I-PS INTERCHANGE _ W. BETHAM, P.L.S. WI DATED Y 30, I S.J. WHITE . DIVE TH PAGEs , ~ITH LAST 95-1 THROUGH 95~3 ~ OF MING; 9-89, ; .SAID pOINT BEING THE POINT. OF B 'PO~ERTHENCE &CONTINUELtGHT COMPANySOUT~'oo'oo'II'R~GH ~ WEST ALONG SAID WESTERLy 88 51'34. T-OF-WAy, A D LINE OF THE WEST, 1 47 · ISTANcE OF · FLORIDA · 8.88 FEET; THENCE SOUTH 85*25' 9~14'46 FE~T; THENCE NORTH POINT'OF INTERSECTION WITH THE EASTERLY R~GHT-OF-WAy LINE OF A PROPOSED 120.00 O_ WESt, .7~4..83 FEET TO THE FOOT PUBLIc RIG~T-OF-WAY, SAID POINT BEING ON A CURVE CONCAVE AND TO WHICH A RADIAL LINE RADIUS OF 1,060 OO ~m2 _~EARS NORTH 7$'08'2 . ~ao- TO THE'SOUTHWEST RIGHT-OF_W~v ~,.~ L_l--~; THENCE NORTHWESTer-- ~o-~' SAID CURVE HAVING A CENTRAL ANGLE os.o ,s JS SAID CUR E A ISTARcE ~I TO A POINT OF cURv~ ...... 3( .; THENCE MORT ~*~-,--- 123.22 FEET OF ~4o.oo FEET; T~E.~-~l~f_u~ A CURVE CONCAVE T6HT~ ~.±u2 WEST~ .~S~.~ ~'~ auto, WESTERLY ALONG THE AO~ 2Y--72~~ ~AVING A RADIUS · ,~ ur ~&ID CURVE A DISTANCE OF, 2~2.46 FEET. THROUGH A NTERSECTIO , , , H 50 56 33' . 'R~SERVE' SOULEVARD.N ~T~ T~F SOUThERLy LINE OF T--E~:-~s'O~ FEET TO'THE NORTHEAST 'TO' OIN~ ~EINO A XTENsIO · -WHICH A RAU POINT ON A C N ..OF HAVING A R~=, .... IAL LINE SEARs ~ ....... URVE CONCAVE To ~o u~ 1,034.87 FE~ ~u~zn o1'26"19, u~,~ THENCE DEPARTING SAID EASTERLY =~; . "=~! SAID CURVE OF-WAy AND SOUTHEASTERLy OF-~Ay LINE OF THE PROPOSED PUBLIC' RIGHT- THE SAID "RESERV~ BOULEVARD, .OF SAIDDISTANC -OF. 5~U~VE'AND THE SOUTHERLY LIRE OF CENTRAL ANGLE OF LINE A LoNG SAID SOUTHERLy= POZ~T ON THE PROPOSED WE: gAY LINE OF SA 561.92 FEET TO A ZNTERCHANGE PARCEL; T~ENCE SO WAy LINE 0 ~' UTNEASTERL ID ZNT~RST F .:.ID INTERCHA GE P,:~-- !_Y ALONG THE PRO ~ .... ATE - 95t THE,c - N ....... TH FOLLOWI.0-.CO R E;TN; RI HT-o -I · - CONTINUE NO ...... ,- , ANC'ES~ . . EAST EET, 7 E i2L ; FEET, THENCE so T . FEE~; THENCE ~^~v~ CONCAVE TO THE SO-~..~:f _744.63 fEET T~ A POI T CURVATURE OF ...... a ~o u6 27-EA ~ , ' H 00'06 27" O= A C ' aa~LE OF 55; " · u~v~ a DISTA ' ' ' URVE CONCAVE TO T~v ..... ~.48 28 ' TO A POINT F ~'X---~CE OF S3S.57~ a~ °uvraWEST.HA.VTun ........ O_ -v~UUND CURVATUR SOUTHEASTERLy u~2~_~. A CENTRAL ANGL= n= ..... , OF SAID CURVE, A D ..-o~=~Ly riME OF ~ =~_y.v, u~ u/ 44" TO TU= n^...- ]_ ISTANCE u~ 96 45 FF~mJ L~ o.R. Soot I~O, p~ ,~?ER a ~ZO~T,COSpANy ...... ~?SECTION WI~H THE '%~'~'a.~NG 39.46 ACREs ~OR= O~ LESS NT UNOF'F[CIAL- SUBJECT TO CO,MISSION APPROVAL PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA REGULAR MEETING APRIL 27, 1989 MINUTES BOARD MEMBERS PRESENT: J- P-'Terpening, Patricia King, Sciturro, Ken Pruitt, Dixon McCain, Robert Carman, Jo. Ann 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 Bore, Environmental Planner ~II; 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 by Chairman Terpening. Joseph Allen, A ?ROV PUBLIC HEARING-CALLAWAy LAN1) & CATTLE CO.-FILE NO. RZ-89-015: Petition of Callaway Land & Cattle Co. for a change in zoning from AR-1 (Agricultural, Residential _ 1 du/ac) to CT (Commercial, Tourist) for property located on the southwest quadrant of the intersection of 1-95 and Prima Vista Boulevard. B{r. John Holcomb presented the petition. He chose to stand by his comments made in the previous Petition, File No. RZ-89-017. Regarding Staff comments, Nr. Nurphy chose to stand by his comments made in the previous petition, File No. RZ-89-017. Staff recommended approval of the Petition. He said that any Resolutionm°ti°n to recommendNo. 89-121.appr°val by the Board would need to reference Hearing no public comment in favor of or in'opposi'ti.on . to the petition, Vice Chairman King closed the public portion of. the hearing. AJEter considering the testimony presented, during the publ.ic hearing, including Staff comments and the Standards of Review as. set in Section 5.3.300, St. Lucie County Zoning Ordinance, Carman made a motion that the Planning. and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Resolution No. 89-121, granting, approval to a- change in zoning from AR-1 (Agricultural, Residential _ 1 du/ao) to CT (Commercial, Tourist). Mr. Skidmore seconded,the motion, and upon roll call, the Board voted unanimously in favor of the motion, with the exception of ~r. 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. APPROVAL 27 Agenda Item: File Number: ~ 13 RZ-89-0t5 ~--E M 0 R A N D U M 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 CT (Commercial, Tourist. ) LOCATI ON: EXI S TI NG Z ONI NG: PROPOSED ZONING: E]~ISTING LAND USE: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FI RE/EMS PROTECTI ON: WATER/SEWER SERVICE: Southwest quadrant of the intersection of 1-95 & Prima Vista Boulevard. AR-1 (Agri.cultural~ du/ac). Residential CT (Commercial Tourist) CT (Commercial Tourist) 39. 46 Acres Commercial development in association with The Reserve, a Development of Regional Impact. AR-! (CG and PUD pending) This property is directly southwest 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-89-015 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, CT (Commercial, Tourist) 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 Plan.the~ St. Lucie County Growth Management Policy 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-89-015 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 Ordi nanc e; The proposed amendment is consistent with the public interes~ 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 Tourist 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 chan9e in zoning from AR-1 to CT, 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-89-015 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 RESOLUTI ON ACTED UPON BY TH E BOARD OF COUNTY COMMI S SI ONERS. In a slightly different forwarding action than you are accustomed to, staff has attached a copy of draft Resolution 89- 121, which would grant approval to this requested change in zoning.~ Staff recommends that you forward draft Resolution 89-121 to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please let us know. DJM/RM$ RESV-CTi(RMS-RZ6) cc: County Attorney Karner and Associates RESERVE P.U.D. SECTION III - COMMERCIAL TRACT B-SOUTH REFERENCING THE REVISED INTERCHANGE BOUNDARY LINE A PARCEL OF LAND LYING WITHIN SECTIONS 26 AND 2?, TOWN~HIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT'THE NORTHEASTERLY CORNER OF "THE RESERVE ~.U.D." AS DESCRIBED I~ RESOLUTION NO. 84-129 AND RECORDED IN O.R. BOOK ~442 PAGES 667 THROUGH 6?2 PUBLIC RECORDS OF ST. LUCIE.COUNTY, FLORIDA, LYING OS THE NORTH LINE OF SAIE SECTION 22; THENCE SOUTH 89'45'33" EAST, ALONG SAID NORTH LINE OF SECTION 22 A DISTANCE ?F ~84.94 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THE'NC NORTH 89'2309 EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE 0 95.78 FEET TO THE INTERSECTION WITH THE WESTERLY LINE oF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, A8 RECORDED IN O.R. BOOK 97 PAGE 504 PUBLIC PROPOSED WESTERLY AS DELINEATED PRIMA VISTA 'FtCATE NO. 3t99 W DATED JANUARY 30 PAOES , WITH LAST N!NG: 95 ~INTERC.HANGE. PARCEL OF THE'I-95 INTERCHANGE _ BETHAM, P.L.S. WITH FLORIDA CERTI- J. WHITE DEVELOPMENT CORPORAT.ION,' THE 95~1 THROUGH 9S-3 CONS'I.STING OF THREE~ IONS.ON 2-9-89, ' SAID POINT BEINO THE pOINT OF' BEGIN-! THENCE CONTINUE SOUTH'O0'O0'll" WEST ALONG'SAID-WESTERLY LINE OF THE FLORIDA POWER & LIGHT COMPA:NY' R~GHT-OF-WAY, A'DISTANCE OF 214.46 FEET;: THENCE NORTH 88'51~34' WEST, 1,478.88 FEET; THENCE SOUTH 85~25'09" WEST, 794.83 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY R~GHT~OF-WAy LINE OF A PROPOSED 1.20.00 FOOT PUBLIC RIG~T-OF-WAY, SAID POINT BEING ON A CURVE'CONCAVE TO THE SOUTHWEST AND TO WHICH A RADIAL LINE BEARS NORTH 78~08'28- EAST, SAID CURVE HAVING A RADIUS OF 1,060.OOFEET; THENCE NORTHWESTERLY-A'LONG.:SAI.D 'PROPOSED EASTERLY RIGHT-OF-WAy LI~E THE FOLLOWING COURSES AND DISTANCES~ THENCE NORTHWESTERLY ALONG THE ARC OF SAID CUR~E A DISTANCE OF 123.22 FEET THROUGH A CENTRAL ANGLE OF 06~9'37'?; THENCE NORTH 18~31'.10" WEST~ -353.66 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 540,00 FEET; THENCE NORTHWESTERLY ALONG'THE ARC OF SAID CURVE A DISTANCE OF 272.46 FEET, THROUGH A CENTRAL ANGLE OF 28~54'31'; THENCE. NORTH 10'23'21' EAST, 109.29 FEET; THENCE NORTH 50'56'133, EAST, 65.02 FEET.TO THE POINT OF INTERSECTION WITH THE'.SOUTHERLY LINE OF THE PROPOSED EXTENSION OF "RESERVE BOULEVARD' MAID ~OIN~ BEING A. POINT ON A CURVE CONCAVE TO THE NORTHEAST TO 'WHICH A RAUIAL LINE BEARS SOUTH 01'26.'~9" .WEST,' SAID CURVE HAVING A RADIUS OF 1,034.87 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY .LINE OF 'T~E PROPOSED PUBL~C"RIOHT- OF-WAY AN~ SOUTHEASTERLY ALON~ THE ARC OF SAID CURVE'AND THE SOUTHERLY LINE OF THE SAID RESERVE BOULEVARD'.kXTENSIONi. ~ DIST~'N6E'O~ h8%96 FEET, THROUGH A~ CENTRAL ANGLE OF 01'~6'11; ,.'T~EN~E ~ORT-H 89'~3.,3~,~EAS~:~ALONG SAID'SOUTHERLYi LINE OF SAiD 'RESERVE BOULEVARD. EXTENSION. A DISTANCE OF 56192 POINT ON THE PROPOSED WES~=-~ ~- ...... L ...... ~ FEET ~a,~ ~--nz-u~-WAX- LiN~ OF'. SAID INTERSTATE - 951 INTERCHANGE PARCEL; THENCE SOUTHEASTERLY ALONG. THE PROPOSED WESTERLY RiGHT-OF~I WAYEAST LINE..64.230F SAID INTERCHANGE.PARCEL THE FOLLOWING COURSES AND DISTANCES THENCE CONTINUE NORTH 89'53'33' EAST, 300,00' FEET; THENCE SOUTH O00627 FEET; THENCE SOUTH 86'06'27" EAST, ' 744.63 FEET TO A-POINT OF! CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS QF 860.93I FEET; THENCE SOUTHEASTERLY ALONG THE ARC'OF SAID CURVE A DISTANCE ~F 838.57~ FEET, THROUOH A CENTRAL ANGLE OF 55"4S'28' TO A POINT OF COMPOUND CURVATURE~ OF .A CURVE CONCAVE TO THE SOUTHWEST-HAVING A RADI THENCE SOUTHEASTERLY ALONG THE ~ ~ .... " ...... US OF 1,338.40 FEET;: THROUGH A C-~'--'-~a~RaL A~uL'- = OF 0 ~ ..... · ~,.oa~u ~u~¥~, a DISTANCE OF 96.45 FEET W~ ~= , - - - 40744 TO THE POINT OF -S.~RLY L~NE O: A FLORIDA DOWrm m ,~m~ ....... INTERSECTION WITH THEt IN O.R~ BOO ~ ~ i~- ...... ~.~u~aNY RIGHT-OF-WAy AS REC~D~n! FrQ~na .... ~..~2~__PAGE~ 1~¥ - 201 PUBLIC RECORDS OF ST tUo,r ~ -CONTAINING ..... 39.46 ACRES MORE OR LESM~ FUTURE LAND USE SU - BLUE RL- RED CG- GREEN CT - ORANGE 26, 2?-36-39 L PETITION OF CAELAWAY LAND & CATTLE CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CT CURRENT ZONING PUD RED AR-1 BLUE RS-2 - GREEN 26, 2?-36-39 / / AI{-I PETITION OF CAELAWAYLAND & CATTLE CO., INC. BY AGENT: REGINA KARNER, P.L.S. FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO CT - - RESOLUTION NO. 89-121 PILE NO.: RZ-89-015 A RESOLUTION CHANGING THE ZONING CLASSIFICATION- OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of Sto Lucie County, Florida, has made the following determinations: 1. Callaway Land Cattle Company presented a petition for a change in zoning from AR-1 (Agricultural Residential 1 du/ac) to CT (Commercial Tourist) 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 (Agricul'tural Residential 1 du./ac) to CT (Commercial Tourist) 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 f ol 1 ows: SEE ATTACHED owned by Callaway Land & Cattle Company , be and the same is hereby, changed from AR-1 (Agricultural Residential ! du/ac) to CT (Commercial Tourist). 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 f ol 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, t989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRM~N APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 89-121 REZONE(b)