HomeMy WebLinkAboutDVA-01-001 Westchester Development
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DVA-01-001
DEVELOPMENT AGREEMENT BETWEE THE
BOARD OF COUNTY COMMISSIONERS F ST.
LUCIE COUNTY, FLORIDA AND WESTCH STER
DEVELOPMENT COMPANY RESPECTING 'p ASE I
OF A PROJECT KNOWN AS THE WESTCH STER
DEVELOPMENT OF REGIONAL IMPACT
THIS AGREEMENT is made and entered as of this 11 th day of Se tember 2001, by an
between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COU TY, FLORIDA (·Soard"
and WESTCHESTER DEVELOPMENT COMPANY, a Florida corporatio ,formerly known as St
Lucie Fanns, Inc., ("Owner").
WHEREAS, the Board and the Owner recognize the fOllowing:
A. This Agreement is entered in accordance with the Florida Local Gove ,ment Development
Agreement Act, Section 163.3220-163.3242, Fla. Stat. ("Act") a d Section 11.08.00
(Development Agreements) of the 5t Lucie County Land Develop ent Code ("LOC").
8. The Owner owns approximately 2,033 acres west of 1-95 and nort northwest of Gatlin
Boulevard, described in the attached Exhibit A, on which the Owner ntends to develop a
multl-phased project known as the Westchester .Development f Regional Impact
('Westchester DRI").
C. On March 6, 2001, the Board granted preliminary approval of a preli ¡nary site plan and
Planned Unit Development Zoning District (PUD) and a preliminary s te plan and Planned
Mixed Use Development Zoning District (PMUD) and for Phase I of e Westchester DRI
which in total consists of 800 dwelling units, 78,500 square feet of 0 ice, 75,000 square
feet of commercial, and associated ancillary facilities including a civic/school site, a
church, common areas, and lakes on 576.38 acres, described in th attached Exhibit S
("Property" or "Phase I").
D. Development beyond Phase I will require the owner to obtain from the Board a
development order setting forth the tenns and conditions under wh h the Westchester
DRr may proceed and final development plan approvals for each s bsequent phase of
development beyond Phase I.
E. In order to foster comprehensive and sound capital facilities planni g and financing, to
ensure the provision of adequate public facilities for development concurre.nt with the
impacts of development, to encourage the efficient use of resou ces, tò reduce the
economic cost of development, and to afford certainty in the approval of development, the
DVA-01-001 (Westchester)
September 11, 2001
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Board and the Owner desire to establish by agreement the terms und r which the Property
may be developed.
F. On August 21,2001, after publishing notice approximately seven d ys prior thereto, the
first public hearing was opened on this Agreement and at that ti e the hearing was
continued to September 4, 2001. At least 15 days prior to the openin of the first hearing,
the Board mailed notice of intent to consider this Agreement to all property owners as
reflected on the current years' tax roll, lying within 500 feet of the P perty.
G. On September 4, 2001, the Board reconvened the public heari g on is matter and
accepted public comment and testimony. At the conclusion of thi hearing the Board
announced than the second of the two required public hearings on his matter would be
held on Tuesday. September 11, 2001, at 9:00 am or as soon th reatter as possible.
Notice of· the hearing would be provided
H. On September 11, 2001, the Board held the second public hearin
after publishing notice approximately seven days prior to the seco d hearing and after
announcing at the first public hearing the day, time, and place of such second public
hèaring.
NOW, THEREFORE, in consideration of the mutual covenants entered be een the parties, and
in consideration of the benefits to accrue to each, it is agreed as follows:
1 . Accuracy of Recitals.
The above recitals are true and correct.
2. Incorporation of Application Materials.
The application for the establishment of a PUD and a PMUD for the Property, all
submissions by the Owner in support of such application, and th Board's preliminary
approval of a PUD (Resolution No. 01-010, a copy of which is attach d hereto as Exhibit C)
and a PMUO (Resolution No. 01-011 , a copy of which is attached h reto as Exhibit D) and
preliminary site plan approvals (collectively "Application Materialsn) a e hereby incorporated
. by reference into the record of the proceeding conducted by the Board to review this
Agreement.
3. Mandatory Provisions.
a. Leaal Description and Owner.
The land that is the subject of this Agreement is described in the atta hed Exhibit B, which is
the land included within the boundaries of the preliminary PUD and he preliminary PMUD
approved by the Board on March 6, 2001, as described in Section 2. he owner of legal and
equitable title to the Property is Westchester Development Company a Florida corporation.
DVA-01-001 (Westchester)
September 11,2001
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b.
Duration.
This Agreement shall expire ten (10) years after the eft tive date provided in
Section 11, unless earlier terminated as provided in Sect on 7, or extended as
provided in Section 9.
c.
Uses. Densities. Intensities. and Height.
The following development shall be permitted on the Prope
. 800 dwelling units
. 78,500 square feet of office ,
· 75,000 square feet of commercial
.' associated ancillary facilities including a school, a c urch, common
areas, recreational facilities, and lakes.
No building shall be more than 60 feet in height.
The uses; densities, intensities, and height provided for in a nal development order
issued for the Westchester ORI pursuant to Chapter 380, Fla. Stat., or the then
applicable staMes and regulations, shall supersede the term of this Agreement and
provided further that the Owner may seek adjustment of the approved plan of
development in accordance with Section 11.02.04 of the LD without amending this
Agreement so long as such adjustment is not inconsistent wi any final development
order issued for the Westchester DRI pursuant to Chapter 0, Fla. Stat.
Notwithstanding the foregoing, in the· event of a chan e in any statute or
administrative regulation modifying the applicability of th DRI process to the
Westchester DRI, the statute or regulation shall take pre edence and shall be
deemed incorporated into this Agreement by reference, and nothing in this
Agreement shall be construed to require the development of e Property to undergo
DRI review unless such review continues to be reqùired by s tute or administrative
regulation.
d.
Future Land Use MaD Oesiqnation.
The land use designations of the Property under the future I nd use element of the
St. Lucie County Comprehensive Plan are Mixed Use Dev lopment ("MXD") and
Residential Urban ("RU").
e.
ZoninQ.
The current zoning of the Property is AG-1. On March 6, 20 1, the Board granted
preliminary approval for the establishment of a Planned Uni Development Zoning
District (PUD) and a Planned Mixed Use Development Zonin District (PMUD). Final
zoning to PUD and PMUD will take place upon the issua ce of an initial Final
DVA-01-001 (Westchester)
September 11, 2001
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Development Plan approval for the Property.
f.
Preliminary Site Plans.
The preliminary site plan for the Property shall be the prelimi ary site plans approved
by the Board on March 6, 2001 , subject to such adjustments as may be obtained by
the Owner in the manner described in the LDC and ¡Section 3(c) of this
Agreement.
Adequacv of Public Facilities.
The public facilities that will serve the Property shall be thos described in Section 6
of this Agreement .
g.
Reservation or Dedication of Land.
h.
The Owner shaJlconstruct or cause the construction of e extension of Gatlin
Boulevard, west of 1-95, and a north-south roadway, as ge eraJly depicted on the
preliminary site plans approved on March 6, 2001 (or to the extent shown on such
amended plans as may be subsequently proposed by the wner and approved by
the 'Board, collectively, the "Specified Roads"), which Specifi d Roads shall be public
facilities open for use by the public. In the event that all requ red right of way cannot
be obtained for the alignment of Gatlin Boulevard as depicte on the preliminary site
plans, then the extension of Gatlin Boulevard may be reloc ted so that it is entirely
on Owner's property. The Specified Roads shall be dedicate to the Soard upon the
execution of an agreement between the Owner and th Board providing for
maintenance standards and the continued maintenance of e roadways.
If construction of educational facilities sufficient to provide cia srooms for a minimum
of 100 students has not commenced by the issuance the 400th residential
Certificate of Occupancy, the Owner shall dedicate 15 acres f the school site to the
St. Lucie County School District or other public or private ntity. Such dedication
shall be restricted to the construction of classrooms and anci laryfacilities (including,
but not limited to, playing fields, ball courts, swimmin pools, gymnasiums,
auditoriums, administrative offices, recreational areas and s ch otherfacilities which
are commonly found with classrooms) for grades K through 2, or a portion thereof.
The Owner shall be entitled to credits for the pre-payment Educational Facilities
school impaot fees for contributions, payments, constru tion or dedication of
educational facilities, calculated in accordance with the S1. L cie County Educational
Facilities Impact Fee Ordinance, and as may be provided b state law.
i.
Local Development Permits.
The focal development permits required for the devefopmen of the ~roperty are:
(1) Comprehensive plan amendment - not required.
DV A-01-001 (Westchester)
September 11. 2001
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(2) Rezoning - preliminary approval of a PUO and a PM 0 granted as part
of preliminary site plan approval on March 6, 2001.
(3) State approval- a Preliminary Development Agreem nt with the Florida
Department of Community Affairs was approved on M y 14, 2001 and is
recorded in the Official Records of St. Lucie County eginning at Book
1394, Page 641, which permtts the level of develop ent described in
Paragraph 3. (C) prior to the completion of the form I development of
regional impact process for the project known as We tchester.
(4) Regulatory permits.:... Environmental Resource Pennit s) from the South
Florida Water Management District. The need fo other regulatory
agency permits shall be determined based upon final evelopment plan
approval.
(5) Subdivision plat approval- preliminary plat approval equired as part of
final development plan approval.
(6) Final PUO and PMUD approval- required prior to ob aining final plat
approval or obtaining building permits.
(7) Preliminary site plan approval- granted on March 6,
j.
Responsibility for Local Development Permits.
(8) Building permit - required prior to commencing buildi
All local development permits shall be obtained atthe sole co t of the Owner. In the
event that a required local development permit is not receive ,further development
of the portion of the Property or the improvement for which e permit is required
shall not be allowed until such time as the Board has rev wed the matter and
determined whether or not to terminate this Agreement or to modify it in a manner
consistent with the St. Lucie County Comprehensive Plan.
k.
Consistency with Comprehensive Plan.
I.
The Board finds that the development of the Property as prov ded in the preliminary
approval of a PUD and a PMUD and preliminary site plan a proval granted by the
Board on March 6, 2001 and in this Agreement is consist nt with the St. Lucie
County Comprehensive Plan.
Consistency with the LOC.
The Board finds that the development of the Property as pro ded in-th-e preliminary
approval of a PUD and a PMUD and preliminary site plan a proval granted by the
DVA-01-001 (Westchester)
September 11, 2001
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Board on March 6, 2001 and in this Agreement is consisten with the LDC.
m. Compliance with Other Law.
Failure of this Agreement to address a particular pennit, cond tion, term, or restriction
shall not relieve the Owner of the necessity of complying with e law governing such
pennitting requirement, condition, term, or restriction. Any m tter or thing required to
be done under existing ordinances of St. Lucie County hall not be otherwise
" amended,' modified, or waived unless such amendment, m dification or waiver is
expressly provided for in this Agreement with specific referen e to the code provision
so amended, modified, or waived; unless the Owner volun rily agrees to comply
with the amended or modified requirement; or unless t e County follows the
procedures set forth in Section 163.3233, Fla. Stat. for pplying subsequently
a,dopted laws and policies.
n. Necessary Conditions.
The conditions and requirements set forth in the preliminary proval of a PUO and a
PMUD and preliminary site plan approval granted by the Boa on March 6, 2001 are
reaffinned as necessary to protect the health, safety, and w Ifare of the public and
the citizens of St. Lucie County.
4.
Authorization to Develop PropertY.
The Owner may proceed to develop the Property in accordanc with the preliminary
approval of a PUD, a PMUD,and preliminary site plan approval 9r ted by the Board on-
March 6, 2001; and, upon obtaining Final PUO and PMUD approval, reliminary andlorfinal
plat approval as may be required and upon submission of plans me tingtechnicaJ building
code requirements and payment of applicable fees, the Owner sh II receive any and all
applicable building permits authorized under the Application Materia s, subject to the terms,
conditions, reservations, and requirements of this Agreement.
If building permits for eighty per cent (80%) of the residential devel pment and eighty per
cent (80%) of the nonresidential development of the Property have not been issued on or
before the time specified in Section 3.b., unless such time is exten ed in accordance with
Section 9; or the time specified in a final development order issued p rsuant to Chapter 380,
Fla. Stat.; or the then applicable statutes and regulations, which ver is later, then the
authorization to develop as contained herein shall be of no further f ce or effect. The date
to complete may be extended in accordance with Section 380.06(19 , Fla. Stat., orthe then
applicable statutes and regulations, without amending this Agreem nt.
In the event that development described in the Application Material is not completed
within the effective period of this Agreement, this Agreement and t e authorization to
develop as contained herein shall be of no further force or effect.
DVA-01-QOl (Westchester)
September 11, 2001
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5.
Impact Fees
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a. Applicabilitv.
No building permit shall be issued for development of the Pr perty unless and until
any and all impact fees required under then applicable ordin nces have been paid
by the Owner or its assigns for such improvement.
b. 'Pre-pavment of Road Impact Fees.
(1) The Board hereby acknowledges that the Owner's bligations under that
certain Capacity Agreement entered into between the Owner and the City of
Port St. Lucie on January 31 ,2001 ("Capacity Agree ant") will increase the
capacity of and thereby improve the flow of traffic on atlin Boulevard, east
of 1-95. The Board agrees that the payments provid d for in the Capacity
Agreement constitute a payment to 81. Lucie Coun in lieu of impact fees
and that upon the Owner's payment of each installm nt under the Capacity
Agreement, the Owner shall be entitled to road impact ee pre-payme.nt credit
for the Property in an amount equal to that installm nt, resulting In a total
pre-payment credit of $2,000,000 under the Coun s Road Impact Fee
Ordinance, Chapter 1-17, Article III, 5t. Lucie Coun Code and Compiled
Laws. Pursuant to the Capacity Agreement, the fees re payable to the City
in four installments.
The Board agrees that road impact fees shall be de med pre-paid at such
time as each ,installment is paid to the City, up to e full amount of that
installment. Owner shall provide ,County with eviden e of the amount and
date of each installment payment. Owner may apply th~ pre-paid amounts
toward impact fees due for development within the' foperty, until all such
pre-paid amounts have been depleted.
The Board agrees that the drawdown schedule for th pre-paid impact fees
recognized under this Section S.b shall be at the foil wing rates:
· single-family dwellings $1,632 per unit
multi-family dwellings
0 1 and 2 floors $1,186 per unit
0 3 floors or more $ 619 per unit
· commercial $2,192 per 1 ,000 quare feet
· office $1,090 per 1,000 quare feet
elementary school ~1.006 per 1,000 quare feet
· park S 159 per acre
For any other use not listed in the above drawdown s hedule, the applicable
County Road Impact Fee schedule shall be used to d termin~ the amount to
be drawn down. The impact fee fates for any oth r use not listed in the
above drawdown schedule, shall be based upon the i pact fee schedules in
DVA-01-Q01 (Westchester)
September 1 1. 2001
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effect at the time of the building permit issuance.
(2) The Owner agrees to provide to Board a detailed writt n report on the rate of
the road impact fee drawdown approved through is Section 5. b. This
report shall include the name of the builder and a des ription of each activity
being permitted for which the credit is being appli d. The first of these
reports shall be due on July 15, 2002, and shall th reafter be due for the
quarters ending September 30, December 31, March 1 and June 30, by the
15th day of the month following each quarter. These ports shall be sent to
the addresses set forth below:
County Administrator
2300 Virginia Avenue
Fort Pierce, FL 34982
with a copy to:
County Attomey
2300 Virginia Avenue
Fort Pierce, FL 34982
Community Development Director
2300 Virginia Avenue
Fort Pierce, FL 34982
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(3) The impact fee pre-payment credits afforded und r Section 5.b. of the
Agreement, which exceed the amount of impact fee assessed against the
Property, shall be transferable to the remainder of th property descri,bed in
Exhibit A and may be used in the same manner and to the same extent as
for the Exhibit B Property. Further, all impact fee pr -payment credits shall
be freely transferable with the ownership of any rtion of the property
described in Exhibit A.
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If this Agreement expires or terminates for any reas n and road impact fee
pre-payment credits afforded in accordance with t is Agrèement remain
outstanding, the Owner shall be deemed to hold a cr dit for pre-payment of
road impact fees which shall be transferable with the ownership of any
portion of the property described in Exhibit A.
c.
Road Impact Fee Credit
(1) The Owner shall also be entitled to road impact fe credit for road impact
fees assessed against the Property under the Cou ty's Road Impact Fee
Ordinance, for all roadway improvements and right-o way dedications made
or causèd to be made by Owner (beyond those c vered "in Section S.b.
above) that provide for increased capacity beyond th minimum necessary to
DV A-Q1-Q01 (Westchester)
September 11, 2001
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address the impacts of the development of the roperty, to the extent
permitted under Chapter 1-17, Article III, Section 1·1 -33.1, 8t Lucie County
Code and Compiled Laws, which credit shall be cal ulated in accordance
with the criteria set forth in Section 1-17-33.1 of e Road Impact Fee
Ordinance.
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(2) The Owner agrees to provide to Soard a detailed wr' n report on the rate of
the road impact fee credit drawdown for all road imp ct fee credits granted
pursuant to the County's Road Impact Fee Ordinanc . This report shall be in
substantially the same format as the report required ¡Section 5.b. and shall
be due at the same time.
(3) Any road impact fee credits that are afforded in accordance with this
Agreement which exceed the road impact fees ssessed against the
Property under the County's Road Impact Fee Ord nance, Chapter 1·17,
Article III, St. Lucie County Code and Compiled Laws, shall be transferable to
the remainder of the property described In Exhibit A nd may be used in the
same manner and to the same extent as for the Exhi it B Property. Further,
any road impact credits that are afforded in accordan e with this Agreement
shall be freely transferable with the ownership of any portion of the property
described in Exhibit A.
If this Agreement expires or terminates for any reas n and road impact fee
credits afforded in accordance with this Agreement r main outstanding, the
Owner shall be deemed to hold a credit for road imp ct fees which shall be
transferable with the ownership of any portion of th property described in
Exhibit A.
d.
Other Imoact Fee Credits
The Owner shall be entitled to impact fee credits against all impact fees assessed
against the Property for all improvements and/or contributi ns to the extent such
improvements and/or contributions are eligible for credit und rthe applicable Impact
Fee Ordinances of the County. The Owner agrees to provi e to Board a detailed
written report on the rate of the impact fee drawdown for all uch impact fee credits
granted. This report shall be in substantially the same forma as the report required
in Section S.b. and shall be due at the same time. Impactfee shall be separated by
category in such reports.
e.
Transferability and Assionment of Imoact Fee Credits
Any impact fee credits that may be afforded in accordanc with this Agreement
and/or the County's Impact Fee Ordinances, which exceed the amount of impact
fees assessed against the Property, shall be transferable t the remainder of the
property described in exhibit A and may be used in the sa e mariner and to the
same extent as for the Exhibit B Property. Further, all imp ct fee credits shall be
DVA-01-001 (Westchester)
September 11, 2001
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freely transferable with the ownership of any portion of the property described in
Exhibit A.
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If this Agreement expires or terminates for any reason and ny impact fee credits
afforded in accordance with this Agreement and/or the ounty's Impact Fee
Ordinances remain outstanding, the Owner shall be deem d to hold impact fee
credits, which shall be transferable with the ownership of any portion of the property
described in Exhibit A.
6.
Adequacvof Public Facilities: Continued Reservation of Capacity.
The following items in regard to the adequacy of public facilities in is area are
acknowledged:
a.
Drainage:
According to St. Lucie County Floo
Panel 1211 1 C0275 F dated August 1
located within Zone C, which is defin
to flooding. All construction activitie
with applicable St Lucie County an
Management District permitting stan
Insurance Rate Map
, 1991, the Property is
as areas not subject
will be In accordance
South Florida Water
rds and regulations.
b.
Potable Water:
Primary water supply services will be rovided by the City of
Port St. Lucie, St. Lucie West S rvices District, or a
community development district whic includes the Property.
As part of the submittal of the Anal lanned Development
, applications for the Property, utility se 'ce commitments shall
be provided.
c.
Sanitary Sewer:
Primary wastewater supply services ill be provided by the
City of Port St. Lucie, St. Lucie Wes Services District, or a
community development district whic includes the Property.
As part of the submittal of the Final lanned Development
applications for the Property, utility se ice commitments shall
be provided.
d.
Solid Waste:
Sufficient capacity exists in the St. L cie County Land Fill to
service the demands of the Property.
Sufficient park facilities exist or re being provided in
conjunction with the development of t e Property. Impact fee
credit shall be given fór all park im rovements or property
dedications which are not site related or which, if site related,
exceed the impacts generated by t e development of the
Property, consistent with the Coun ide Pa~ks Impact Fee
Ordinance.
e.
Parks:
DV A-Ql-001 (Westchester)
September 11, 2001
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1.
Mass Transit:
To the extent practical, and based u on the transportation
development and service plans of the ocal transit providers,
the final development' plans for the a ea referred to as the
Westchester PUD/PMUD shall con ider the inclusion of
dedicated transit stops and areas in it final project designs.
As provided in the traffic study subm tted for review of the
approved Preliminary Development Ag eement, Development
of the Property is expected to generat approximately 12,197
net new external daily trips. ith the committed
improvements to Gatlin Boulevard, 0 external roadways
within the project's impact are exp cted to fall below a
minimum level of service as a result f traffic impacts from
development of the Property. Internal roadways will be build
in conjunction with the development the Property and will
be sized to meet or exceed projected 'p demands.
g.
Roads:
The Board hereby acknowledges that there are adequate public acilities to serve the
Property, that the public facilities needed to serve the developm nt authorized by this
Agreement and the Board's preliminary approval of a PUD and a PM 0 and preliminary site
plan approval will be available when needed, and that this Agree ent shall serve as a
Certificate of Capacity.
7.
Amendment. Cancellation. Termination.
This Agreement may be amended or canceled by mutual consent
terminate upon the issuance of a Certificate of Occupancy in a
building pennit authorized for the Property. Prior to amending this
shall hold two public hearings consistent with the requirements of
LOC.
f the parties and shall
ordance with the last
greement, the Board
ction 11.08.02 of the
Notwithstanding any other provision of this Agreement, the Owner m y, at any time through
the effective period of this Agreement, and upon satisfaction of all f Owner's obligations
herein, declare that the development of the Property is completed nd that the terms and
conditions of the Agreement shall terminate. Any such declaration shall be in writing and
provided to the County Administrator. Upon the receipt of any uch declaration, any
approvals granted for the Property shall be deemed to be modified to reflect only that portion
of the development that has been constructed. No further develop ent permit that would
result in the generation of any additional required level of service im cts will be issued until
an updated concurrency review has been completed. Any applic tion for development
approval following a voluntary declaration of completeness will be s bject to all applicable
standards and regulations in effect at the time that the application i filed. The Owner may
unilaterally terminate this Agreement at any time and forfeit any and all development rights
under this Agreement.
8.
Obliqation to Construct Roadwav Improvements.
DVA-01-001 (Westchester)
September 11, 2001
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Construction plans for the Gatlin Boulevard extension from 1-95 wes to the entrance of the
project shall be submitted to 5t Lucie County for approval within twelve months of the
effective date of this agreement. Within twelve (12) months of the da e of St. Lucie County's
approval of said construction plans. contracts shall be let for the con truction of the westerty
extension of Gatlin Boulevard from 1-95 to the easternmost entra ce to the Propérty as
generally depicted on the preliminary site plans approved March 6, 001.
Should Board prefer that funding for said construction flow through e County, then Owner
agrees to cooperate with Board to accomplish this objective, provid that Owner andlorthe
Westchester Community Development District NO.1 is permitted to p rfonn the construction
work, that the cost to Owner does not increase, and that timing of e road construction is
, consistent with Owner's project construction schedule. In this eve t, upon request of the
Board, tbe Owner shall provide to the Board temporary construction asements along Gatlin
Boulevard to facilitate public roadway, drainage and utilities, cons ruction or installation.
Such easements shall be no greater than 20 feet in width and for no onger than 18 months
in duration.
9. Term.
The term of this Agreement, in accordance with the provisions of Se tion 4, shall be ten (10)
years from its effective date or as provided in Section 4, unless earlier terminated as
provided in Section 7. This Agreement may be extended by mutu I consent of the Board
and the Owner, subject to public hearing In accordance with Sectio 11.08.02 of the LOC.
The term of anyone (1) extension shall not exceed five (5) years.
10. Recordin Submission to the Florida De artment of Communi A
Within 14 days after the Board enters into this Agreement, the C erk of the Board shall
record the Agreement in the Public Records of St. Lucie County. copy of the recorded
Agreement shall be submitted to the Florida Department of Commun Affairs within 14 days
after the Agreement is recorded. If this Agreement is amende , canceled, modified,
extended, or revoked, the Clerk shall have notice of such action recorded in the public
records and such recorded notice shall be submitted to the lorida Department of
Community Affairs.
11. Effective Date.
This Agreement shall be effective on the date of its recording in t e public records of St.
Lucie County or 30 days after its receipt by the Florida Departmen of Community Affairs,
whichever last occurs. If this Agreement has not 'become effe tive within 90 days of
recording, it shall be deemed canceled.
12. Annual Review.
In accordance with Section 11.08.08 of the LDC, the Board shall r view the development'
DVA-01-001 (Westchester)
September 11. 2001
. Page 12
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that is subject to this Agreement every 12 months, commencing 12 months after the
effective date of this Agreement. The purpose of this review shall b to determine whether
the owner is in good faith compliance with the terms of this Agree ent. The Board shall
begin the review process by giving notice, a minimum of 30 days p 'or to the anniversary
date for the effective date of this Agreement, to the Owner of its inte tion to undertake the
annual review of this Agreement.
Sixty days before each annual anniversary date of this agreement, t e Owner shall provide
to the Board a report with the following information:
a. An identification of any changes in the plan of development r in any phasing for
the reporting year and for the next year.
b. A summary comparison of development activity proposed a d actually conducted
for the year.
c. IdentifIcation of undeveloped tracts of land that have been s Id to a separate
entity or Owner.
d. Identification of significant local, state and federal permits wh h have been obtained
or which are pending by agency, type of permit, permit numb r and purpose of each.
At such time as the Owner obtains approval of a Development Orde for a Development of
Regional Impact, to the extent that the Annual Report required by S ction 380.06(18), Fla.
Stat., or the then applicable statutes and regulations, meets or exce ds the requirements of
this section, the Owner's submission of that Annual Report shall satisfy the terms and
requirements of this provision, and a separate report will not be ne ded.
Effect of Annexation.
13.
In the event that the Property is annexed, either voluntarily or invo untarily, into any local
municipality, the terms and conditions set forth in Section 3.h. nd Section 6 of this
Agreement shall remain the obligation and responsibility of the Ower.
14.
Notices.
The parties designate the following persons as representatives t be contacted and to
receive all notices regarding this Agreement:
For the County:
County Administrator
S1. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
with a copy to:
County Attorney
S1. Lucie County
DVA-Ol-001 (Westchester)
September 11, 2001
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2300 Virginia Avenue
Ft. Pierce, Florida 34982~5652
For the Owner:
Paul J. Hegener
Westchester Development Company
1850 Fountainview Boulevard Suite 1
Port St. Lucie, Florida 34986
with copies to:
Barry E. Somerstein, Esquire
Ruden, McClosky, Smith, Schuster & Russell. P.A.
200 East Broward Boulevard
Fort Lauderdale, Florida 33301
and
, Noreen S. Dreyer, Esquire
Ruden, McClosky, Smith, Schuster & Russell, P.A.
145 N.W. Central Park Plaza, Suite 2 0
Port St. Lucie, Florida 34986
15. Successors and Assions
This Agreement shall be binding upon the parties and any written de gnee of the Owner. In
the event of an assignment of part or all of its obligations under this A reement, Owner shall
notify the County in writing witpin thirty (30) days of such assignment. pon an assignment of
this Agreement and the assumption of Owner's obligations b said Assignee, the
Assignor/Grantor shall be deemed released from all rights, obi ations and liabilities
hereunder, and the Assignee/Grantee shall be deemed to hav assumed all rights,
obligations and liabilities hereunder and the term Owner shall th reafter refer to such
Assignee/Grantee. In the event of assignment of this Agreement, e Owner shall provide
notice to:
County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Rorida 34982~5652
County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
IN WITNESS WHEREOF, the parties hereto have caused the execution 0 this Agreement by their
duly authorized officials as of the day and year first above·wrïtten.
DV A·01-o0 1 (Westchester)
September 11, 2001
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Signed, sealed, and delivered
in the presence of:
f.
Jh~ r-t.el/ G", S';~
/
'¡:; - S1 K4 ~¿;
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Westchester Develop ent Company
~/~
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The forgoing instrument was acknowledged before thi~ day of e yo
\fClYh.er ~. \'tn.¿-e.....ro""' , . Uf,e )Of"~.~-t of We tchester Developmen
Company, a Florida corporation, who is V---' personally known to e or who has produce
as identification.
DVA-01-001 (Westchester)
September 11, 2001
Page 15
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1 BOARD OF COUNTY "
2 ATTEST: OF ST. LUCIE COUN
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4.
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15 APPROVED AS TO FORM . ,'';(, ,
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16 AND CORRECTNESS:
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OV A-01-QO 1 (Westchester) Page 16
September 11,2001
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EXHIBIT A
[TOTAL 2,033 ACRES]
DVA..Q1·001 (Westchester)
September 11. 2001
Page 17
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WESTCHESTER LEGAL DESCRIPTIO
1
2
3
4 Parcel 1
5
6 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15
7 and the westerly limits of Gatlin Boulevard Right-of-Way and the weste Iy limits of those land
8 described in an Order of Taking, dated July 24, 1979 and recorded in Offi lal Record Book 311 a
9 Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0
10 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001
11 2412, dated 612/T1, with last revision of 9/11/79; thence South 89 degrees or minutes 05 second
12 West, a distance of n02.12 feet; thence South 00 degrees 05 minutes 46 s conds West, a distanc
13 of 757.53 feet; thence South 89 degrees 57 minutes 43 seconds West, a ¡stance of 1159.20 feet
14 thence North 00 degrees 40 minutes 03 seconds East, a distance of 152. 0 feet; thence North 5
15 degrees 52 minutes 19 seconds East, a distance of 153.89 feet; thence No 11 degrees 24 minute
16 07 seconds East, a distance of 156.51 feet; thence North 14 degrees 02 min tes 38 seconds West,
17 distance of 439.20 feet; to the beginning of a curve concave southerly, havi g a radius of 200.00 fee
18 and a central angle of 130 degrees 29 minutes 58 seconds, thence north rly, westerly and finall
19 southerly along the arc of said curve to the left, a distance of 455.53 feet t the curves end; thenc
20 South 35 degrees 27 minutes 24 seconds West, a distance of 161.00 feet; ence South 89 degree
21 57 minutes 05 seconds West, a distance of 1118.66 feet; thence North degrees 15 minutes 3
22 seconds West, a distance of 1.86 feet; thence North 09 degrees 54 min tes 33 seconds East,
23 distance of 528.17 feet; thence North 62 degrees 56 minutes 57 seconds Est, a distance of 710.6
24 feet; .thence North 39 degrees 35 minutes 38 seconds West, a distance of 3 3.81 feet; thence Sout
25 80 degrees 50 minutes 18 seconds West, a distance of 92.33 feet; then e North 00 degrees 0
26 minutes 21 seconds East, a distance of 4587.82 feet; to the southeaster! line of Grove No.3, a
27 recorded in O.R. Book 383, at Page 1059, St. Lucie County Public Records (Special Warranty Dee
28 from A. Duda & Sons, Inc. to 0 & M Indian River Groves) thence along said outherlyand easterlylin
29 of Grove No.3 the following courses and distances: North 74 degrees 07 mi utes 42 seconds East,
30 distance of 3624.15 feet; thence North 02 degrees 40 minutes 30 seconds est, a distance of 853.6
31 feet; thence North 03 degrees 34 minutes 36 seconds East, a distance of 64.67 feet; thence Nort
32 11 degrees 39 minutes 14 seconds East, a distance of 299.59 feet; the ce North 05 degrees 5
DVA-01-001 (Westchester)
September 11,2001
Page 18
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1 minutes 55 seconds East, a distànce of 655.21 feet; thence North 13 degre s 31 minutes 07 second
2 East, a distance of 422.94 feet; thence departing said Grove No.3, conti ue North 13,degrees 31
3 minutes 07 seconds East, a distance of 51.88 feet; thence North 74 degree 14 minutes 30 second
4 East; a distance of 2525.46 feet; thence North 76 degrees 04 minutes 00 se onds East, a distance 0
5 1244.50 feet; thence North 65 degrees 11 minutes 40 seconds East, a dista ce of 178.59 feet; thenc
6 North 59 degrees 06 minutes 39 seconds East, a distance of 424.13 feet; th nee North 73 degrees
7 minutes 15 seconds East, a distance of 14.12 feet; thence South 50 degree 55 minutes 52 second
8 East, a distance of 7.43 feet; thence North 56 degrees 01 minutes 38 sec nds East, a distance a
9 31.64 feet; thence North 33 degrees 56 minutes 01 seconds East, a dista ce of 30.15 feet; thenC
10 North 54 degree's 34 min utes 18 seconds East, a distance of 298.73 feet; th nce North 85 degrees 5
11 minutes 58 seconds East, a distance of 132.02 feet; thence North 70 degre 54 minutes 26 second
12 East, a distance of 143.67 feet; thence North 56 degrees 25 minutes 29 s nds East, a distance 0
13 121.35 feet; thence North 66 degrees 21 minutes 07 seconds East, a distan e of 557.84 feet; thenc
14 South 00 degrees 35 minutes 12 seconds West along the northerly prolong 'on of the East line ofth
15 northeast quarter of said Section 4, a distance of 271.44 feet to the north ast comer of Section 4
15 thence continue South 00 degrees 35 minutes 12 seconds West, along the ast line of said Section 4
17 a distance of 2833.04 feet to the East quarter comer of said Section 4; the ce South 00 degrees 3
18 minutes 27 seconds West, a distance of 2651.97 feet to the northwest co er of Section 10; thenc
19 North 89 degrees 54 minutes 10 seconds East along the North line of said ection 10, a distance 0
20 1793.84 feet; to a point of intersection with the westerly Right-of-Way line f said 1-95 and the sa;
21 westerly line of the lands described in the Order of Taking dated July 24, 19 9 and recorded in Officia
22 Record Book 311 at Pages 2946 through 2952, inclusive, and with a non tangent curve, concav
23 easterly, having a radius of 5983.58 feet and a central angle of 23 degrees 41 minutes 41 seconds
24 thence along the westerly line of said 1·95 Right-of-Way and along the said esterly line of the land
25 described in the Order of Taking, dated July 24, 1979, the following cours s and distances: thenc
26 southerly along the arc of said curve to the left, a distance of 2474.52 feet, said arc subtended by
27 chord which bears South 06 degrees 56 minutes 28 seconds East, a dista ce of 2456.92 feet to th
28 curves end; thence South 18 degrees 47 minutes 19 seconds East, a distan e of 714.03 feet; thenc
29 South 14 degrees 47 minutes 19 seconds East, a distance of 510.88 feet; t ence South 07 degree
30 32 minutes 07 seconds East, a distance of 374.37 feet; thence South 06 degrees 58 minutes 1
31 seconds West, a distance of 373.49 feet; thence South 15 degrees 33 min tes 28 seconds West,
OV A-Q1-001 (Westchester)
September 11, 2001
Page 19
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1 distance of 491 .49 feet; thence South 34 degrees 39 minutes 50 seconds est, a distance of 207.7
2 feet; thence South 70 degrees 02 minutes 50 seconds West, a distance of 2 9.50 feet; thence Sout
3 00 degrees 01 minutes 45 seconds West, a distance of 64.09 feet; then e South 82 degrees 2
4 minutes 53 seconds West, a distance of 317.56 feet; thence North 89 degre s 58 minutes 15 second
5 West, a distance of 372.63 feet; thence North 89 degrees 58 minutes 15 se onds West, a distance 0
6 262.61 feet; thenc~ South 00 degrees 01 minutes 45 seconds West, a dista ce of 100.00 feet, to th
7 POINT OF BEGINNING.
8
9
10 Parcel 2
11
12 The perpetual, non-exclusive easement for ingress and egress granted in a d by virtue of that certai
13 Gatlin Boulevard Easement Agreementbetween Horizons St. Lucie Groves Associates and Horizon
14 St. Lucie Associates dated effective as of July 14, 1997 and recorded July 1 , 19971n Official Record
15 Book 1088, at Page 1068, Public Records of St. Lucie County, Florida, said asement for ingress an
16 egress being over and upon the following described property lying in S ctions 9,10,15 and 16
17 Township 37 South, Range 39 East, being a strip of land, 200 feet in wid , lying 100 feet on eithe
18 side of the following described centerline:
19
20 Begin atthe intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15
21 and the westerly limits of Gatlin Boulevard Right-of-Way and the west r1y limits of those land
22 described in an Order of Taking, dated July 24, 1979 and recorded in otfi ial Record Book 311, a
23 Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0
24 the Rorida Department of Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001
25 2412, dated 612fT7, with last revision of 9/11/79; thence South 89 degree 57 minutes 05 second
26 West, departing said North line of Section 15, a distance of 3500.00 feet, t the Point of Terminatio
27 of the herein described centerline.
28
29 Scriveners Note: It is the intent of the herein described centerline to be com on with the South line 0
30 those lands shown and described on that certain Boundary Survey prep red by'G.C.Y., Inc., las
31 revised of July 11 , 1997 and having a file and drawing number of 97-1039-0 -01 and the North line 0
DVA-OHl01 (Westchester)
September 11",2001
Page 20
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1 those lands shown and described on that certain Boundary Survey prep red by G.C.Y., Inc., las
2 revised on July 11, 1997 and having a file and drawing number of 97·103 -01-02.
3
4
5 Parcel 3
6
7 The non-exclusive easements for irrigation, drainage, ingress and egress g nted in and by virtue 0
8 that certain south Borrow Canal Drainage, Irrigation and IngresslEgres Easement Agreemen
9 between Horizons St. Lucie Groves Associates and Horizons St. Lucie ass ciates dated effective a
10 of July 14,1997, and recorded July 17,1997 in Official Records Book 10 8, at Page 1039, Pub Ii
11 Records of St Lucie County, Ronda, such easements for irrigation, drain ge, ingress and egre
12 being over and upon the two tracts more particularly described in Exhibits · A and ·B~, attached heret
13 and made a part hereof.
14
15
16 -Exhibit A"
o
1 7 :::0
18 A parcel of land lying in Section 15, 22, 23, 26, and 35, Township 37 South, ange 39 East, St. Luci
19 County, Florida, more particularly described as follows:
20
21 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15
22 and the Westerly limits of Gatlin Boulevard Right-of-Way, as shown on th Florida Department 0
23 Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001 2412, dated 6/2177, wit
24 last revision of 9/11/79; thence along the westerly line of said 1-95 Right-of- aythe following course
25 and distances: thence South 00 degrees 01 minutes 45 seconds West, a distance of 100.00 feet
26 thence South 89 degrees 58 minutes 15 seconds East, a distance of 242. '1 feet; thence along th
27 westerly line of a 20 feet wide F.P. & L Right-of-Way, as recorded in Offici I Records Book 349, a
28 Page 9049, Public Records of St. Lucie County, Florida, the following cours s and distances; thane
29 South 00 degrees 01 minute 45 seconds West, a distance of 20.00 feet; the" ce South 89 degrees 5
30 minutes 15 seconds East, a distance of 318.60 feet; thence South 81 degre 56 minutes 34 second
31 East, a distance of 515.34 feet; thence South 69 degrees 58 minutes 48 se onds East, a distance 0
DVA-01-001 {Westchester}
September 11, 2001
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1 276.75 feet; thence South 52 degrees 20 minutes 12 seconds East, a distan e of 908.27 feet; thenc
2 South 43 degrees 16 minutes 30 seconds East, a distance of 590.74 feet; t ence South 27 degree
3 42 minutes 53 seconds East, a distance of 590.14 feet; thence South 19 egrees 56 minutes 0
4. seconds East, a distance of 1197.74 feet; thence South 18 degrees 47 min tes 19 seconds East,
5 distance of 2565.69 feet to the beginning of a curve concave easterly, havi g a radius of 24749.
6 feet and a central angle of 03 degrees 11 minutes 10 seconds, thence south r1y along the arc of sai
7 curve to the left, a distance of 1376.21 feet to a point of intersection with a on-tangent line; thenc
8 North 00 degrees 02 minutes 34 seconds East, to a point in the said west r1y line of 1-95 Right-of
9 Way, a 'distance of 53.48 feet; to a point of intersection with a non- ngent curve, concav
10 northeasterly, håving a radius of 24729.33 feet and a central angle of 01 degrees 31 minutes 5
11 seconds, thence along the said westerly line of 1-95 Right-of-Way the followin courses and distances
12 thence southerly along the arc of said curve to the left, a distance of 661.68 eet, said arc subtende
13 by a chord which bears South 22 degrees 37 minutes 35 seconds East, to a
14 a non-tangent line; thence South 65 degrees 15 minutes 33 seconds East,
15 thence South 23 degrees 30 minutes 12 seconds East, a distance of 5.9 feet; thence South 1
16 degrees 06 minutes 31 seconds West, a distance of 72.11 feet; to a point 0 intersection with a non
17 tangent curve, concave northeaste~y, having a radius of 24729.33 feet a d a central angle of 1
18 degrees 31 minutes 35 seconds, thence southeasterly along the arc of aid curve to the left,
19 distance of 4543.31 feet, said arc subtended by a chord which bears South degrees 54 minutes 4
20 'seconds East, a distance of 4536.89 feet to the curve's end; thence South 3 degrees 10 minutes 3
21 seconds East, a distance of 1712.58 feet; to the beginning of a curve, co cave westerly, having
22 radius of 6987.97 feet and a central angle of 29 degrees 45 minutes 21 seco ds, thence southeaste
23 along the arc of said curve to the right, a distance of 3629.11 feet to the curv 's end; thence South 0
24 degrees 25 minutes 12 seconds East, a distance of 1751.36 feet; to the begi ningof a curve, concav
25 westerly, having a radius of 24381.33 feet and a central angle of 04 degree 30 minutes 14 seconds
26 thence southerly along the arc of said curve to the right, a distance of 1916. 6 feet to the curve's end
27 thence South 00 degrees 05 minutes 02 seconds West, a distance of 724. 6 feet; thence
2 B South 09 degrees 10 minutes 27 seconds West, a distance of 101.27 feet; t ence South 00 degree
29 05 minutes 02 seconds West, a distance of 483.47 feet; to a point of inter ection wi~h the norther!
30 line of those certain lands described in a deed dated May 12, 1951 to t e Central and Souther
31 Florida Flood Control District, recorded in Deed Book 165 at pages 361 thro gh 362, Public Record
DVA-01·001 (Westchester)
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1 of 81. Lucie County, Florida, and a point in the north Right-of-Way line of he South Florida Wate
2 Management District Canal C-23; thence North 89 degrees 54 minutes 36 econds West, along th
3 said northerly line of those lands described in Deed Book 165 at pages 361 and 362, and along sai
4 Right-of-Way line of the C-23 Canal Right-of-Way a distance of 250.18 feet; ence departing said C
5 23 Canal Right-of-Way, thence North 00 degrees 27 minutes 29 seconds Est, a distance of 1984.8
6 feet; thence North 27 degrees 47 minutes 31 seconds East, a distance of 1 3.29 feet; thence Nort
7 02 degrees 13 minutes 06 seconds West, a distance of 919.03 feet; then e North 42 degrees 5
8 minutes 02 seconds East, a distance of 59.68 feet; thence North 04 degree 26 minutes 42 second
9 West, a distance of 792.27 feet; thence North 35 degrees 52 minutes 36 se nds West, a distance 0
10 84.15 feet; thenée North 05 degrees 11 minutes 29 seconds West, a distan of 1514.96 feet; thenc
11 North 11 degrees 26 minutes 44 seconds West, a distance of 698.08 feet; ence North 16 degre
12 47 minutes 01 seconds West" a distance of 903.46 feet; thence North 27 degrees 11 minutes 1
13 seconds West, a distance of 664.26 feet; thence North 27 degrees 47 min tes 36 seconds West,
14 distance of 357.15 feet; thence North 32 degrees 46 minutes 03 seconds W st, a distance of 613.01
15 feet; thence North 34 degrees 56 minutes 03 seconds West, a distance of 3 0.54 feet; thence Nort
16 33 degrees 47 minutes 06 seconds West, a distance of 1904.25 feet; the ce North 31 degrees
17 minutes 39 seconds West, a distance of 325.93 feet; thence North 28 degre 30 minutes 01 second
18 West, a distance of 2168.54 feet; thence North 25 degrees 32 minutes 10 s conds West, a distanc
19 of 651.46 feet; thence North 22 degrees 32 minutes 08 seconds West, a distance of 927.20 feet
20 thence North 50 degrees 17 minutes 06 seconds West, a distance of 159. 7 feet; thence North 31
21 degrees 46 minutes 57 seconds West, a distance of 109.55 feet; thence No h 07 degrees 55 minute
22 28 seconds West, a distance of 177.53 feet; thence North 01 degrees 15 mi utes 37 seconds East,
23 distance of 109.86 feet; thence North 20 degrees 41 minutes 28 seconds W st, a distance of 216.21
24 feet; thence North 21 degrees 38 minutes 43 seconds West, a distance of 16.99 feet; thence Nort
25 16 degrees 36 minutes 10 seconds West, a distance of 323.54 feet; the ce north 18 degrees 5
25 minutes 57 seconds West, a distance of 1915.94 feet; thence North 17 degre~s 09 minutes 4
27 seconds West, a distance of 375.16 feet; thence North 19 d~grees 25 min tes 42 seconds West,
28 distance of 358.89 feet; thence f'.!òrth 21 degrees 34 minutes 26 seconds est, a distance of 635.3
29 feet; thence North 19 degrees 43 minutes 54 seconds West, a distance of 48.53 feet; thence Nort
30 26 degrees 28 minutes 01 seconds West, a distance of 277.17 feet; the e North - 39 degrees 3
31 minutes 40 seconds West, a distance of 314.46 feet; thence North 45 degre s 54 minutes 01 second
DVA-01-Q01 (Westchester)
September 11, 2001
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1 West, a distanc~ of 256.94 feet; thence North 47 degrees 47 minutes 40 sec nds West, a distance 0
2 665.93 feet; thence North 51 degrees 22 minutes 57 seconds West, a dista e of 502.14 feet; thenc
3 North 71 degrees 26 minutes 24 seconds West, a distance of 197.54 feet; t ence North 80 degree
4 07 minutes 32 seconds West, a distance of 443.11 feet; thence North 86 degrees 11 minutes 1
5 seconds West, a distance of 206.15 feet; thence South 89 degrees 41 min es 14 seconds West,
6 distance of 391.07 feet; thence North 80 degrees 59 minutes 51 seconds W st, a distance of 114.01 '
7 feet; thence North 02 degrees 53 minutes 30 seconds East, a distance of 2 5.19 feet; thence So
8 89 degrees 58 minutes 15 se90nds East, a distance of 52.00 feet, to the Pint of Beginning.
9
10
11 EXHIBIT flBfl
12
13 INGRESS 1 EGRESS EASEMENT SOUTH OF GATLIN BOULEVARD
14
15 A strip of land being 50 feet in width, lying 25 feet each side of the following escribed centerline; sai
16 strip of land lying in Sections 15, 22, 23, 26, & 35, Township 37 South nge 39 East, St. Luci
17 County, Florida, said centerline bei~g more particularly described as folio
18
19 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15
20 and the westerly limits of Gatlin Boulevard Right-of-Way, as shown on th Florida Department 0
21 Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001 2412, dated 6/2fT7. wi
22 last revision of 9/11179; thence North 89 degrees 58 minutes 15 seconds est, along the wester!
23 prolongation of Gat/in Boulevard Centerline, a distance of 77.03 feet; the e South 02 degrees 5
24 minutes 30 seconds West, a distance of 306.41 feet; thence South 80 degrees 59 minutes 51
25 seconds East, a distance of 138.51 feet; thence North 89 degrees 41 min tes 14 seconds East,
26 distance of 392.21 feet; thence South 86 degrees 11 minutes 17 seconds ast, a distance of 203.9
27 feet; thence South 80 degrees 07 minutes 32 seconds East, a distance of 9.89 feet; thence Sout
28 71 degrees 26 minutes 24 seconds East, a distance of 191.22 feet; then e South 51 degrees 2
29 minutes 57 seconds East, a distance of 496.94 feet; thence South 47 degre s 47 minutes 40 second
30 East, a distance of 664.73 feet; thence South 45 degrees 54 minutes 01 se onds East, a distance 0
31 255.16 feet; thence South 39 degrees 38 minutes 40 seconds East, a dista ce of 31 0.20 feet; thenc
DVA-Q1-OO1 (Westchester)
September 11, 2001
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1 South 26 degrees 28 minutes 01- seconds East, a distance of 272.82 feet; t ence South 19 degree
2 43 minutes 54 seconds East, a distance of 547.46 feet; thence South 21 degrees 34 minutes 2
3 seconds East, a distance of 635.29 feet; thence South 19 degrees 25 min tes 43 seconds East,
4 distance of 357.92 feet; thence South 17 degrees 09 minutes 49 seconds Est, a distance of 375.0
5 feet; thence South 18 degrees 58 minutes 57 seconds East, a distance of 1 15.82 feet, thence Sou
6 16 degrees 36 minutes 10 seconds East, a distance of 324.13 feet; then e South 21 degrees 3
7 minutes 43 seconds East, a distance of 717.88 feet; thence South 20 degre 41 minutes 28 second
8 East, a distance of 211.15 feet; thence South 01 degrees 15 minutes 27 sec nds West, a distance 0
9 107.02 feet; thence South 07 degrees 55 minutes 28 seconds East, a distan e of 184.82 feet, thenc
10 South 31 degreés 46 minutes 57 seconds East, a distance of 118.90 feet; ence South 50 degree
11 17 minutes 06 seconds East, a distance of 157.36 feet; thence South 22 degrees 32 minutes 0
12 seconds East, a distance of 921.68 feet; thence South 25 degrees 32 min tes 10 seconds East,
13 distance of 652.76 feet; thence South 28 degrees 30 minutes 01 seconds E st, a distance of 2169.8
14 feet; thence South 31 degrees 22 minutes 39 seconds East, a distance of 3 7.09 feet; thence Sou
15 33 degrees 47 minutes 06 seconds East, a distance of 1905.03 feet; then e South 34 degrees 5
16 minutes 03 seconds East, a distance of 611.45 feet; thence South 27 degre s 47 minutes 36 second
17 East, a distance of 355.93 feet; thence South 27 degrees 11 minutes 16 se onds East, a distance 0
18 661.85 feet; thence South 16 degrees 47 minutes 01 seconds East, a dista e of 900.02 feet; thenc
. 19 South 11 degrees 26 minutes 44 seconds East, a distance of 695.55 feet; ence South 05 degree
20 11 minutes 20 seconds East, a distance of 1520.45 feet; thence South 3 degrees 52 minutes 3
21 seconds East, a distance of 83.97 feet; thence South 04 degrees 26 min es 42 seconds East,
22 distance of 774.29 feet; thence South 42 degrees 52 minutes 03 seconds est, a distance of 59.1
23 feet, thence South 02 degrees 13 minutes 07 seconds East, a distance of 9 2.71 feet; thence Sout
24 27 degrees 47 minutes 31 seconds West, a distance of 132.67 feet; then e South 00 degrees 2
25 minutes 29 seconds West, to the northerly line of those certain lands descri ed in a deed dated Ma
26 12,1951 to the Central and Southern FJorida,F1ood Control District, recor ed in Deed Book 165 a
27 pages 361 through 362, Public Records of St. Lucie County, Florida, and a oint in the northerly right
28 of-way line of the South Florida Water Management District Canal C-23, ad tance of 1 991.08 feet, t
29 the Point of Tenninus.
30
31
DVA-01-001 (Westchester)
September 11, 2001
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1 Parcel 4
2
3 Non-exclusive easement for the benefit of Parcell as created by Drainage nd Irrigation Easemen
4 dated January 26, 1990, recorded January 31, 1990 in Official Records Boo 675, Page 1942, of th
5 Public Records of St. Lucie County, Florida, for drainage and irrigation, on, ver, and under the Ian
6 described as follows: (Subject to the ~enns, provisions and conditions set f rth in said instrument)
7
8 Aparcel of land located in Sections 4 and 5, Township 37 South, Range 39 East and in Sections 3
9 and 34, Township 36 South, Range 39 East, St. Lucie County, Florida an being more particular!
10 described as fonows, to wit:
11
12 Commence at the Southwest comer of said Section 34; thence North 89 degrees 59 minutes 0
13 'Seconds East along the south line of said Section 34 a distance of 1753.27 eet to the intersection 0
14. the south line of said Section 34 and the Southwesterly right-of-way line of e South Florida Wate
15 Management District Canal C-24 as shown on the right-of-way map for s id Canal C-24, checke
16 dated 11/25/58 and revised 02123/59; thence North 43 degrees 08 minute 38 seconds West alon
17 said Southwesterly right-of-way line of Canal C-24, a distance of 911. 6 feet, to the Point
18 Beginning of the herein described pårcel; thence continue North 43 degree 08 minutes 38 second
19 West along said right-of-way line a distance of 139.00 feet to the Southe sterly comer of Grove
20 Addition as recorded in Official Records Book 589, Page 1186, Public Rec rds of St. Lucie County
21 Florida; thence North 89 degrees 08 minutes 58 seconds West along the outheasterly line of sai
22 Grove 2 Addition a distance of 318.79 feet; thence South 60 degrees 24 inutes 31 seconds Wes
23 along said Southeasterly line of said Grove 2 Addition a distance of 793.61 eet to the Southeasterl
24 comer of Grove 2; thence South 65 degrees 05 minutes 51 seconds Wes along the Southeaster
25 line of said Grove 2 a distance of 762.00 feet; thence South 70 degrees 42 ¡nutes 47 seconds Wes
26 along said Southeasterly line of Grove 2 a distance of 440.52 feet to a point i the Northeasterly line 0
27 the O.L. Peacock Cemetery Parcel (being a lessed out paree.' in that conve ance from Peacock Frui
28 and Cattle Company, Inc. to A. Duda and Sons, Inc.); thence South 43 degrees 58 minutes 5
29 seconds East along Northeasterly line of the O.L. Peacock Cemetery Parce a distance of 57.60 feet
30 thence South 62 degrees 44 minutes 35 seconds West along the said Sou heasterlý line of the sai
31 O. L. Peacock Cemetery Parcel a distance of 967.89 feet; thence South 7 degrees 11 minutes 5
DVA-Q1-001 (Westchester)
September 11. 2001
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1 seconds West along the said Southeasterly line of the said O.L. Peacock C metery Parcel a distanc
2 of819.19feet; thence South 74 degrees 54 minutes 36 seconds West alon the Southeasterly line 0
3 the said O.L. Peacock Cemetery Parcel a distance of 1079.51 feet; the ce departing said O.L
4 Peacock Cemetery Parcel South 66 degrees 31 minutes 36 seconds West a distance of 63.88 feet
5 thence South 74 degrees 12 minutes 41 seconds West a distance of 1540. 9 feet; thence South 6
6 degrees 04 minutes 30 seconds West a distance of 91.06 feet: thence Sou 22 degrees 55 minute
7 30 seconds East a distance of 45.16 feet to a point common to TRACT B at he Northwesterly come
8 of the 115.07 acre Sod Field Parcel; thence Northeasterly along the North ne of said TRACT B th
9 following COl:Jrses and distances: thence North 74 degrees 14 minutes 30 s conds East a distance 0
10 2525.46 feet; tHence North 76 degrees 04 minutes 00 seconds East a istance of 1244.50 feet
11 thence North 65 degrees 11 minutes 40 seconds East a distance of 178. 9 feet; thence North 5
12 degrees 06 minutes 39 seconds East a distance of 424.13 feet; thence No 73 degrees 43 minute
13 15 seconds East a distance of 14.12 feet; thence South 50 degrees 55 mi utes 52 seconds East
14 distance of 7.43 feet; thence North 56 degrees 01 minutes 38 seconds Eas a distance of 31.64 feet
15 thence North 33 degrees 56 minutes 01 seconds East a distance of 30. 5 feet; thence North 5
16 degrees 34 minutes 18 seconds East a distance of 298.73 feet; thence No 85 degrees 53 minute
17 58 seconds East a distance of 132.02 feet; thence North 70 degrees 54 mi utes 26 seconds East
18 distance of ·143.67 feet; thence North 56 degrees 25 minutes 29 seconds ast a distance of 121 .3
19 feet; thence North 66 degrees 21 minutes 07 seconds East a distance of 55 .84 feet; thence South 0
20 degrees 35 minutes 12 seconds West along the East line of said TRACT a distance of 12.29 feet
21 thence North 65 degrees 05 minutes 51 seconds East departing the Eas line of said TRACT B
22 distance of 75.98 feet; thence North 60 degrees 24 minutes 31 seconds ast a distance of nO.5
23 feet; thence South 89 degrees 08 minutes 58 seconds East a distance of
24 OF BEGINNING.
25
26 Containing 2,033.20 acres, more or less.
27
DVA-Q1-001 (Westchester)
September 11, 2001
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1
2
3
4
5
5
7
8
9
10
11
12
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17
18
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22
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26
EXHIBIT B
[PHASE I, 576.38 ACRES]
DV A-01-00 1 0N estchester)
September 11, 2001
Page 28
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1 Westchester, Phase I PMUD Legal Des ription
2
3 Being a parcel of land located in Sections 9, and 10, Township 37 South, ange 39 East, St. Luci
4 County, Florida.
5
6 Said parcel being more particularly described as follows:
7
8 Begin at the intersection of the centerline of Gatlin Boulevard, (also being th North line of Section 15
9 and the Westerly limits of Gatlin Boulevard Right-of-Way and the Weste y limits of, those land
10 described in an ·Order of Taking, dated July 24, 1979 and recorded in Offi ial Record Book 311 a
11 Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0
12 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001
13 2412, dated 6/2!n, with last revision of 9/11/79; thence S 89°57'05fl W, along said centerline
14 distance of 2815.40 feet; thence N 00°14'09" E, a distance of 2059.65 f et to the beginning of
15 tangent curve concave to the Southwest, having a radius of 3000.00 feet; th nce along the arc of sai
16 curve through a central angle of 36°43'47", a distance of 1399.56 feet; t ence N 63°30'22" E,
17 distance of 100.00 feet; thence N 63°43'13" E, a distance of 196.38 feet to e beginning of a curv
18 concave to the South, having a radius of 525.00 feet; the chord of which bea s N 78°27'42" E; thenc
19 along the arc of said curve through a central angle of 29°26'59", a distanc of 269.89 feet; thenc
20 86°48'48"E, a distance of 62.97 feet to the beginning of a curve concave to the Northwest, having
21 radius of 275.34 feet; the chord of which bears N 4]034'02" E; thence ala g the arc of said curv
22 through a central angle of 91 °11 '51fl, a distance of 438.26 feet to a point of reverse curvature with
23 curve concave to the East, having a radius of 527.97 feet; the chord of whi h bears N 20°16'30" E
24 thence along the arc of said curve through a central angle of 40°1 0'52", a di tance of 370.26 feet to
25 point of reverse curvature with a curve concave to the Northwest, having a r dius of 1956.76 feet; th
26 chord of which bears N 26°56'51" E; thence along the arc of said curve th ough a central angle 0
27 26°57'03", a distance of 920.42 feet to a point of reverse curvature with a curve concave to th
28 Southeast, having a radius of 525.00 feet; the chord of which bears N 28°0 '14" E; thence along th
29 arc of said curve through a central angle of 21 °09'50", a distance of 193.92 eet to the beginning of
30 non-tangent curve concave to the Northeast, having a radius of 1550.00 feet the chord of which bea
31 S 49°07'13- E; thence along the arc of said curve through a central angle 0 17°59'05", a distance 0
DVA-Ol-QOl (Westchester)
September 11, 2001
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1 486.53 feet; the~ce S 58°06'45"E, a distance of 389.95 feet to the beginni g of a curve concave t
2 the Southwest, having a radius of 450.00 feet; the chord of which bears S 2 °00'27" E; thence a/on
3 the arc öf said curve through a central angle of 58°12'36", a distance of 7.18 feet to a point 0
4 reverse curvature with a curve concave to the East, having a radius of 10 0.00 feet; the chord 0
5 which bears S 09°04'45" E; thence along the arc of said curve through a cen I angle of 18°21'13",
6 distance of 336.35 feet; thence S 18°15'21" E, a distance of 855.11 feet to the beginning of a non
7 tangent curve concave to the Southeast, having a radius of 100.00 feet; th chord of which bears
8 ,31 °48'09· W; thence along the arc of said curve through a central angle of 2°43'41", a distance 0
9 57.12 feet; thence N 90°00'00. W, a distance of 696.16 feet; thence S 00 00'00" W, a distance 0
10 320.00 feet; thence S 90°00'00" E, a distance of 25.00 feet; thence S 00 0'00" W a distance 0
11 290.00 feet; thence N 90°00'00· W, a distance of 25.00 feet; thence S 00 00'00" W, a distance 0
12 270.00 feet; thence S 90°00'00. E, a distance of 25.00 feet; thence S 00 0'00· W, a distance 0
13 290.00 feet; thence N 90°00'00· W, a distance of 15.00 feet; thence S 00 00'00· E, a distance 0
14 275.00 feet; thence S 90°00'00" E, a distance of 945.64 feet; thence S 1
15 115.63 feet to the beginning of a tangent curve concave to the West, havin a radius of 810.00 feet
16 the chord of which bears S 07°47'10. W; thence along the arc of said curve t rough a central angle 0
17 41 °39'54·, a distance of 589.03 feet to the beginning of a non-tangen curve concave to th
18 Northwest, having a radius of 100.00 feet; the chord of which bears S 28°21 25" W; thence along th
19 arc of said curve through a central angle of 131°05'52", a distance of 228.81 eet; thence S 33°05'26
20 WI a distance of 397.79 feet to the beginning of a curve concave to the Sou east, having a radius 0
21 500.00 feet; the chord of which bears S 16°32'43" W; thence along the ar of said curve through
22 central angle of 33°05'26·,a distance of 288.n feet; thence S 00°00'00" r a distance of 87.07
23 Thence N 89°57'05" E. a distance of 588.36 feet; thence S 00°02'55" E, a ¡stance of 100.00 feet t
24 the Point of Beginning.
25
26 Containing 223.40 acres, more or less.
27
28
29
30
31
DVA-Q1-oo1 (Westchester)
September 11 , 2001
Pa~e 30
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1 Westchester, Phase I PUC Legal Cese iption
2
3 Being a parcel of land located in Sections 8, 9, 16, & 17, Township 37 So th, Range 39 East, St
4. Lucie County, Florida.
5
6 Said parcel being more particularly described as follows:
7
8 Begin at the intersection of the centerline of Gatlin Boulevard, (also being th North line of Section 15
9 and the We~terly limits of Gatlin Boulevard Right-of-Way and the Weste y limits of those Ian
10 described in an .Order of Taking, dated July 24, 1979 and recorded in Offi iaJ Record Book 311 a
11 Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, orida, and as shown 0
12 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001
13 2412, dated 6/2f17, with last revision of 9/11 f79;thence S, 89°57'05" W long said centerline
14 distance of 2815.40 feet to the Point of Beginning; thence continue S 89 7'05" W, a distance 0
15 4508.78 feet; thence N 00°00'00" E, a distance of 2482.51 feet; thence N 8
16 196.14 feet; thence S 76°31 '44" E, a distance of 48.81 feet, thence N 14°12' 2" E, a distance of 40.
17 feet to the beginning of a non-tangent curve concave to the Southwest, ha ing a radius of 1950.0
18 feet; the chord of which bears S 68°58'33" E; thence along the arc of said curve through a centra
19 angle of 13°38'31., a distance of 464.29 feet; thence N 2]011'31" E, a distan e of 100.00 feet; thenc
20 S 58°08'06" E, a distance of 492.35 feet to the beginning of a tangent cu e concave to the North
21 having a radius of 950.00 feet; thence along the arc of said curve through a c ntral angle of 42°28'21"
22 a distance of 704.22 feet; thence N 32°46'15" E, non-tangent to last descri ed curve, a distance 0
23 33.95 feet; thence N 12°20'57. W, a distance of 315.54'; thence N 78°49'36 E, a distance of 214.11
24 feet; thence N 84°52'28" E, a distance of 300.55 feet; thence N 14°09'53" , a distance of 242.5
25 feet; thence N 52°27'35" E, a distance of 39.61 feet; thence N 29°13'49" W, distance of 280.04 feet
26 thence N 07°13'39" W, a distance of 222.22 feet; thence N 03°00'12" E, distance of 59.95 feet
27 thence N 04°54'56· W, a distance of 221.93 feet; thence N 17°51'33" W, distance of 60.24 feet
28 thence N 35°24'06" E, a distance of 74.68 feet; thence S 70°38'31" E, a dist nce of 91 .16 feet; thenc
29 S 78°08'31" E, a distance of 187.63 feet to the beginning of a non-tang t curve concave to th
30 Southeast, having a radius of 161.90 feet; the chord of which bears N 63°4 '43" E;,thence along th
31 arc of said curve through a central angle of 65°49'09", a distance of 185.99 eet to the beginning of
DVA-01-o01 (Westchester)
September 11, 2001
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1 non-tangent curve concave to the Southeast, having a radius of 650.00 feet; the chord of which bea
2 N 31°39'20· E; thence along the arc of said curve through a central angle of 26°41'20., a distance 0
3 302.78 feet; thence N 45°00'00. E, tangent to last described curve, a d tance of 1134.06 feet
4 thence S 45°00'00. E, a distance of 636.49 feet to the beginning of a curve c ncave to the Southwest
5 having a radius of 3000.00 feet; the chord of which bears S 35°41 '31" E; the ce along the arc of sai
6 curve through a central angle of 45°14'09., a distance of 2368.53 feet; ence S 00°14'09. W,
7 distance of 2059.65 feet to the Point of Beginning.
8
9 Containing 352.98 acres, more or less.
10
11
DVA-01-o01 (Westchester)
September 11, 2001
Page 32
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EXHIBIT C
RESOLUTION NO. 01-010
PUD
DVA-01-001 (Westchester)
September 11, 2001
Page 33
53
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RESOLUTION NO. 01-010
FILE NO: RZ-0Q-015
A RESOLUTION GRANTING PRELIMINARY
PLANNED DEVELOPMENT APPROVAL FOR A
PROJECT KNOWN AS WESTCHESTER
7 A PLANNED UNIT DEVELOPMENT
3
) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, h s made the following
) determinations:
L CHANGE IN ZONING
~
1.
Westchester Development Company presented a petition, for a change in zon ng from AG-1
(Agriculture - 1 dwelling unit! acre) to PUD (Planned Unit Development) for c rtain property
in St. Lucie County, Rorida
2.
On January 18, 2001, the 5t Lucie County Planning and Zoning Commlssio held a public
hearing, of which due public notice was published in the Port 5t. lucie N and the Ft.
Pierce Tribune and mailed to all property owners within 500 feet at least 1 days prior to
the hearing, and recommended to ttüs Board that the requested change in zo ing from AG-
1 (Agriculture - 1 dwelling unit I acre) to PUD (Planned Unit Development) e granted.
On February 15, 2001, the 5t Lucie County Planning and Zoning Commissio held a public
hearing, of which due public notice was published in the Port St. Lucie N and the Ft.
Pierce Tribune and mailed to all property owners within 500 feet..at least 1 days prior to
the hearing, and recommended to this Board that a minor change to he previously
recommended change in zoning from AG-1 (Agriculture· 1 dwelling unit acre) to PUD
(Planned Unit Development) be approved and reaffirmed ifs recommenda ion.
3.
SITE PLAN
4.
The petitioner is proposing to construct a 600 unit subdivision with recreatio and preserve
areas and infrastructure in the northwest quadrant of 1-95 and Gatlin, n the property
described in Part B below.
5.
The Development Review Committee has reviewed the preliminary si e plan for the
proposed project and found it to meet all technical requirements and to be onsistent with
the future land use maps of the 51. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part A of this Resolution.
6.
On February 15, 2001, the St. Lucie County Planning and Zoning Commissi n held a public
hearing, of which due public notice was published in the P.ort St. Lucie N ws and the Ft.
Pierce Tnbune and mailed to all property owners within 500 feet at least 10 ays prior to the
hearing, and recommended to this Board that Preliminary Development PI n approval for
the project known as Westchester - a Planned Unit Development, be gran ed.
On March 6, 2001, this Board held a public hearing on the petition, after pu IIshing á notice
of such hearing in the Port 51. Lucie News and the Ft. Pierce Tribune and tifying by mail
all owners of property within 500 feet of the subject property.
7.
FileNo.: RZ·QO.-015
March 6, 2001
Resolution 01-010
Page \
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8. The proposed project is consistent with the general purpose, goals, bjectives, and
standards of the SI. Lucie County Land Development Code, the St Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
9. The proposed project will not have an undue adverse effect on adjace t property, the
character of the neighborhood, traffic conditions, parking, utility facilities, r other matters
affecting the public health, safety and general welfare.
10. All reasonable steps have been taken to minimize any adverse effect f the proposed
project on the immediate vicinity through building design, site design, I dscaping, and
screening.
11. The proposed project will be constructed, arranged and operated so as not 0 interfere with
the development and use of neighboring property, In accordance with a plicable district
regulations.
12. The proposed project will be served by adequate public facilities and saN ces.
13. The applicant has demonstrated that water supply, evacuation facilities, nd emergency
access are satisfactory to provide adequate fire protection.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners f the St. Lucie County,
Florida:
A Pursuant to Section 11.02.05 of the St. Lucie County Land Develop ent Code, the
Preliminary Site Plan for the project known as Westchester - A Planned Un t Development
is hereby, approved as shown on the site plan drawings for the project prep red by Thomas
Lucido & Associates, P.A.. dated September 15, 2000 and subsequently evised through
February 23, 2001, and date stamped received by the St. Lucie Cou ty Community
Development Director on February 23, 2001, subject to the condition as outlined in
attached Exhibit 'A' and the following allowance for residential unit transfer rom the PMUO
to the PUD.
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At the time of Final Development Plan Approval for the Westchester PU ,the developer
may, as a minor adjustment, increase the number of residential units within t e Westchester
PUD by transferring up to 100 residential units from the Westchester PMU ,provided that
the Westchester PMUD is reduced by an equal number of residential unit.
B. The property on which this prelininary approval is being granted is described as folio s:
See attached legal description. Exhbit 's'
(Location: Northwest quadrant 011-95 and GaIJin Blvd.
C. The approval of this Preliminary Site Plan Is contingent upon the develope obtaining final
Planned Unit Development approval within 24 months of the date of pproval of this
resolution. If Final Planned Unit Development approval has not been obt ined within this
period, this site plan shall expire on March 6, 2003, unless a Preliminary Sit Plan approval
extension is granted in accordance with Section 11.02.06(8), St. Luci County Land
Development Code.
File No.: RZ-<lO-015
March 6, 2001
Resolution 01·010
Page 2
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The conditions set forth in Section A are an integral nonseverable part f the site plan
approval granted by this resolution. If any condition set forth in Section A i determined to
be invalid or unenforceable for any reason and the developer declines to co ply voluntarily
with that condition, the site plan approval granted by this resolution shall b come null and
void.
D.
J
5
E. A copy of this resolution shall be attached to the site plan drawings describ
which plan shall be placed on file with the SI. Lucie County Communi
Director.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
AYE
AYE
in Section At
Development
V¡'ce-Chalrman Doug Coward
Commissioner Cliff Barnes
AYE
BOARD OF COUNTY COMMISS ONERS
ST. LUCIE COUNTY, FLORIDA
Resolution OHllO
Page 3
Commissioner John Bruhn
AYE
AYE
Commissioner Paula Lewis
PASSED AND DULY ADOPTED this 6th day of March, 2001.
BY
Chairman
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
DEPUTY CLERK
COUNTY ATTORNEY
File No.: RZ-OQ-O 15
March 6. 2001
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EXHIBIT 'A'
WESTCHESTER PUD/PMUD CONDITIONS
PRELIMINARY
DRAINAGE
1. The developer shall design and construct the stormwater ma agement system in
accordance with applicable South Florida Water Manageme District regulatory
criteria.
2. The surface water management system and any required Iìtt rat planting zones
shall be designed, constructed and maintained in accordanc with South Ronda
Water Management District ERP requirements.
EDUCATION
3. All residential deve/op-ment within this project shall be subj t to the terms, and
requirements of S1. Lucie County Ordinance 88-16, EduĊti nal facility Impact
Fees, and as may subsequently be amended. Any con "bution toward, or
development or dedication of school land or facilities. s all be eligible for
Educational Impact Fee credit to the extent permitted u der the County's
Educational Facility Impact Fee ordinance.
FIRE/EMS PROTECTION
4. All development within this project shall be subject to the term and requirements
of St. Lucie COUl.1ty Ordinance 00-031, Fire/EMS Impact ees, and as may
subsequently be amended. To the extent permitted under th County's Fire/EMS
Impact Fee regulations, any contribution toward or developm nt or dedication of
land for Fire/EMS facilities may be considered for all or part 0 a Fire/EMS Impact
Fee Credit.
GENERAL DEVELOPMENT CONDITIONS
5. General building setbacks shall be as follows;
a. Single-family home sites west of the North/South corrid r:
Minimum lot size: 42 w x 1.00 d
Maximum lot size: 100 w x 125 d
Maximum lot coverage: 80%
Front setback: 20 feet (15 feet for hose homes with a
front, side loading ga age layout)
Side setback: 6 feet (0 feet and 12 feet for zero lot line
homes)
Side setback (Comer): 15 feet
Rear setback: 15 feet (screen
Palle 1 .,6
We cbester CondlUons Preliminary
Man:b 6. 20111
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other ancillary stru tures may be a
minimum of five feet rom a rear property
line provided that no uch ancillary facility
interferes with a y drainage or
maintenance easem nt)
b. Single family home sites east of, the North/South corrido :
Minimum lot size: 30 w x75 d
Maximum lot size: 100 w x 130 d
Maximum lot coverage: 90%
Maximum building height: 35 feet
Front setback: 10 feet (15 feet for those homes on a
perimeter block lot that use a front
loading driveway)
Side setback
(L;.ots <50 width): 0 feet one side/no op nings
,3 feet on other side '( inimum separation
between adjacent s ctures is 12 feet or
structures with I s than 12 feet
separation shall h e automatic fire
sprinkler systems)
(Lots >50 width): 3 feet (minimum s paration between
adjacent structures is 12 feet or
structures wfth Ie than 12 feet
separation shall h e automatic fire
sprfnkler systems)
Side setback (Comer): 15 feet
Rear setback:
Lots with rear garage access: 15 feet (screen roo sl pool decks and
other ancillary st ctures, excluding
garages, may be a m nimum of zero feet
from the property lin provided that no
such ancillary facility interferes with any
drainage or maintena ce easement)
Lots with front garage access: 15 feet (screen roo sl pool decks and
other ancillary st ctures, including
garages, may be a m nimum of zero feet
from the property lin provided that no
such ancillary facility interferes with any
drainage or maintena ce easement)
Minimum alley easement width: 20 feet (One-way aile s)
Minimum alley pavement width: 10 feet (One-way aile s)
Minimum alley radius: 25 feet in direction of ravel
Pilge Z otli
West Ilester CaadlUans PreUmlnl1'Y
Mare1lG.2001
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c. Multi-FamilyfTownhome sites east of the North/South A erial Road
Minimum lot size: Variable width/averag depth 85 feet
Maximum lot size: Variable widthlaverag depth 110 feet
Maximum building lot coverage: Variable
Maximum building height: 50 feet
Front setback: 10 feet
Side setback between bldgs: 20 feet
Side setback (Comer): 15 feet
Rear setback:
Lots with rear garage access: 15 feet (screen roo sl pool decks and
other ancillary str ctures, excluding
garages, may be a m nimum of zero feet
from the property /in provided that no
such ancillary facility interferes with any
drainage or maintena ce easement)
Minimum alley easement width: 20 feet (One-way aile s)
Minimum alley pavement width: 10 feer (One-way aile s)
Minimum alley radius: 25 feet in direction of ravel
6. Any obligation of Westchester Development Company h reunder shall be
assignable to a community development district create by Westchester
Development Company for such purpose.
HABITATAT, VEGETATION AND WILDLIFE
-7. Wetlands identified to be preserved on the Master Plan refere ced in Part A or as
may be delineated in subsequent permitting documentation shall be retained
and/or restored if necessary, and maintained in accordance with South Florida
Water Management District permit conditions. Such wetland shall be protected
by conservation easement, deed restriction, or other appropriat legal mechanism,
and future maintenance responsibilities shall be assigne to a community
development district or other entity approved by the So th Florida Water
Management District. In the event that threatened or enda gered species are
found, Developer shall comply with applicable regulations. As part of Final
Development Plan Approval, wetlands that are identified to b preserved on the
Master Plan referenced in Part A or as may be delineated in su sequent permitting
documentation, shall be identified by specific numeration.
8. Wetlands identified to be altered, as depicted on the Master Plan referenced in
Part A, may be altered to the extent shown with the remai ing areas of such
wetlands being retained and/or restored if necessary, nd mai.ntained in
accordance with South Florida Water Management District permit conditions.
Such wetlands shall be protected by conservation easement, deed restriction, or
other appropriate legal mechanism, and future maintenance sponsibilities shall
be assigned to a community development district or other ent ty approved by the
South Florida Water Management District. In the event hat threatened or
'llIO 3 0'6
West bestcr Coodldøn¡ PrllllDllalfV
MIICIl 6. 2001
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endangered species are found, Developer shall comply with ap
As part of Final Development Plan Approval, wetlands that
altered 'on the Master Plan referenced in Part A or as m
subsequent permitting documentation, shall be identified by sp
Iicable regulations.
re identified to be
be delineated in
cific numeration.
9. Wetlands identified to be impacted on the Master Plan refere ed in Part A or on
subsequent permits, may be altered to the extent shown the eon. If necessary,
the Developer shall obtain permit approvals to alter/eliminate t ese wetlands from
the South Florida Water Management District and the US Arm Corp of Engineers
and shall meet all applicable mitigation requirements and stan ards. In the event
off-site mitigation is required, the applicant shall first seek perform all such
mitigation in St. Lucie County. As part of Rnal Developm nt Plan Approval,
wetlands that are identified to be impacted/eliminated 0 the Master Plan
referenc.ed in Part A or as may be delineated in sub equent permitting
documentation, shall be identified by specific numeration.
10. Lakes or canals shall not be excavated within 200 feet of th e wetlands, which
are to be preserved or restored on the project site, unless oth rwise approved by
South Florida Water Management District. Any wells in the s allow aquifer shall
not be located within 300 feet of those wetlands, which are 0 be preserved or
restored on the project site. South Florida Water Manag ent District must
approve any exceptions to this condition.
A copy of any South Rorida Water Management Distríct per it or other consent
addressing this condition shall be provided to St. Lucie Coun prior to final plat
approval.
11. In order to promote maintenance or implementation f predevelopment
hydroperiods within the enhanced and/or restored wetlands an within any wetland
mitigation areas, final drainage plans shall provide for routing 0 sufficient volumes
of runoff from-acceptable sources to the preserved or restor wetlands prior to
routing of any excess runoff through the project off-site d scharge outfall, in
accordance with South Aorida Water Management District tandards. Control
elevations shall be established consistent wtth the intent to aintain or improve
predevelopment hydroperiods within all wetland areas. The outh Rorida Water
Management District must approve the routing of runoff and c ntrol elevations as
shown on the final drainage plans to achieve the intent indicate above.
Copies of the South Florida Water Management District constr ction permits shall
be provided to St. Lucie County prior to final plat approval.
12. The Developer shall plant and maintain a buffer zone of nativ vegetation around
all enhanced, restored, or created wetlands on site in a ordance wtth the
requirements of the South Rorida Water Management District.
PIlII4016
WCSl: heSler Condltloas PRllmløary
March 6. ZDDl
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RECREATION AND OPEN SPACE
13. All resid"ential development within this project shall be subje t to the terms and
requirements of St Lucie County Ordinance 00-034, Parks I pact Fees, and as
may subsequently be amended. To the extent permitted unde the County's Parks
Impact Fee regulations, any contribution toward or developm nt or dedication of
land for recreational facilities may be considered for all or pa of a Parks Impact
Fee Credit.
ROADS IMPACT FEES
14. All development within this project shall be subject to the term and requirements
of St Lucie County Ordinance 00-032, 'Roads Impact F es, and as may"
subsequently be amended. Any contribution toward, dedicatio or development of
road right of way or facilities, including but not limited to all dedications or
improvements in roadway capacity that exceed the need t provide safe and
adequate access for the project shaJl be eligible for Roads Imp ct Fee credit to the
extent permitted under the County's Roads Impact Fee Ordina s.
15. Westchester Development Company may apply any credits rom transportation
impacts mitigated by Westchester Development Company" .for the Phase I
PUD/PMUD in excess of the needs of the Phase I O/PMUD toward
transportation impacts generated by development of adjacent p operties owned by
Westchester Development Company. '
TRANSPORTATION
16. Gatlin Boulevard west of 1-95 shall be designed as a primary ublic access route
extending from its current terminus to the proposed traffic cirel at the intersection
of Gatlin Boulevard and the unnamed north/south corr; or. Design and
construction of the roadway shall meet all requirements of St. Lucie County and
the Florida Department of Transportation (FOOT).
17. The proposed traffic circle and unnamed north/south corridor, a shown on the site
plans referenced in Part A, shall be designed as a primary p blic access route.
Design and construction of the roadway shall meet all require ents of St. Lucie
County and FOOT.
18. An emergencyltemporary access shall be provided to the W stside Residential
prior to the issuance of the 2501h Certificate of Occupancy for residential unit in
the Wests ide Residential area.
19. To" the extent practical, and based upon the transportation development and
service plans of the local transit providers, the final developmen plans for the area
referred to" as the Westchester PMUO/PUO shall conside the inclusion of
dedicated transit stop and'areas in its final project designs.
PlgI 5 at 6
Westc esler Cøndid'lIs PRlllamary
Marcil 6. 2001
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WASTEWATER
20. All wastewater within the Westchester PMUD/PUD shall be co nected to a central
wastewater treatment service, except that temporary build ngs shall not be
required to connect to a central wastewater treatment system until such time as
one is made available to the temporary building site or otherw se required by the
St. Lucie County Public Health Unit. For the purpose of this evelopment order,
temporary buildings shall be. those used in connection with co struction activities,
models, buildings used in connection with agricultural us and any other
buildings that may be so excepted by the St. Lucie County Cod
WATER SUPPLY: POTABLE AND NONPOTABLE WATER
21. All potable water within the Westchester PMUD/PUD shall be p vided by a central
potable water system, except that temporary buildings shall ,at be required to
conn"act to a central water system until such time as one is m e available to the
temporary building site or otherwise required by the Sf. Lucie C unty Public Health
Unit For the purpose of this development order, temporary buH ings shall be those
used in connection with construction activities, models, uildings used, in
connection with agricultural uses, and any other buildings that ay be so excepted
by the St. Lucie County Code.
22. The primary source of irrigation water shall be water"' derive from the surface
water management system of lakes supplemented by wells a permitted by the
South Florida Water Management District. No withdrawals f m lakes shall be
permitted which would adversely affect wetlands required b this development
order to be preserved on site, or wetlands and littoral zones reated on site as
mitigation for wetland functions and values lost as a result of thi development. At
the time of water use permit issuance or renewal, the develop shall comply with
applicable South Rorida Water Management District rules an criteria for permit
issuance, which criteria may in the future require the use of recl ¡med water.
23. To the maximum extent consistent with wetland protectio , surficial aquifer
wellfields serving the Westchester PMUD/PUD shall be located such that principal
land uses within the cone of influence of such wells are open pace, preserve, or
residential area. In no case shall development, which would us ,handle, store, or
produce hazardous or toxic materials, occur within the cone of nfluence (Le., one
foot drawdown area) of a surficial aquifer potable water suppl well. unless such
use, handling, storage, or production is consistent with binding ellfield protection
regulations.
Pin & .1 &
We$lc uter ClIIUIIUOQS Preliminary
Marçll &.Z 001
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Westchester, Phase I .iUD Legal Description
EXHIBIT 6
Being a parcel of land located in Sections 8, 9. 16, & 17, Township 37 South, ange 39 East, St. Lucie
County, Florida.
Said parcel being more particularly described as follows:
Begin at the intersection of the centerline of Gatlin Boulevard, (also being the orth fine of Sectibn 15)
and the Westerly limits of Gatlin Boulevard Right-of-Way and the Westerly limits f those lands described
in an Order of Taking, dated July 24, 1979 and recorded in Official Record B ok 311 at Pages 2946
through, 2952, inclusive, Public Records of St. Lucie County, Rorida, and a shown on the Florida
Department of Transportation Right-of-Way maps for State Road #9 (1-95), Se tion 94001-2412, dated
6/2177, with last revision of 9/11f79;thence S 89°57'05" W along said centerlin a distance of 2815.40
feet to the Point of Beginning; thence continue S 89°57'05" W, a distance of 4508.78 feet; thence N
00°00'00" E, a distance of 2482.51 feet; thence N 87°16'17" E, a distance 0 196.14 feet; thence S
76°31'44" E, a distance of 48.81 feet thence N 14°12'12" E. a distance of 40.00 feet to the beginning of
a non-tangent curve concave to the Southwest, having a radius of 1950.00 feet; e chord of which bears
S 68°58'33" E; thence along the arc of said curve through a central angle of 3°38'31", a distance of
464.29 feet; thence N 2]011'31" E, a distance of 100.00 feet; thence S 58°08'06" E, a distance of 492.35
fe~t to the beginning of a tangent curve concave to the North, haYing'a radiu of 950.00 feet; thence
along the arc of said curve through a central angle of 42~8'21", a distance 0 704.22 feet; thence N'
32°46'15" E, non-tangent to last described curve, a distance of 33.95 feet; th nce N 12°20'57" W, a
distance of 315.54'; thence N 78°49'36" E, a distance of 214.11 feet; thence N °52'28" E, a distance of
300.55 feet; thence N 14°09'53" W. a distance of 242.58 feet; thence N 52"27'3 .. E, a distance of 39.61
feet; thence N 29°13'49" W, a distance of 280.04 feet; thence N Or13'39" W, a istance of 222.22 feet;
thence N 03°00'12" E, a distance of 59.95 feet; thence N 04°54'56" W, a distan of 221.93 feet; thence
N 17°51'33" W, a distance of 60.24 feet; thence N 35°24'06" E, a distance f 74.68 feet; thence S
70°38'31" E. a distance of 91.16 feet; thence S 78°08'31" E, a distance...ðf 187.63 feet to the beginning of
a non-tangent curve concave to the Southeast, having a radius of 161.90 feet; e chord of which bears
N 63°40'43" E; thence along the arc of said curve through a central angle of °49'09", a distance of
185.99 feet to the beginning of a non-tangent curve concave to the Southeast, h ing a radius of 650.00
feet; the chord of which bears N 31°39'20" E; thence along the arc of said curve through a central angle
of 26°41'20", a distance of 302.78 feet thence N 45°00'00" E, tangent to ast described curve, a
distance of 1134.06 feet; thence S 45°00'00" E, a distance of 636.49 feet to e beginning of a curve
concave to the Southwest, having a radius of 3000.00 feet; the chord of whi bears S 35°41'31" E;
thence along the arc of said curve throügh'a central angle of 45°14'09", a di tance of 2368.53 feet;
thence S 00°14'09" W, a distance of 2059.65 feet to the Point of Beginning.
Containing 352.98 acres, more or less.
puo Legal
PlIge 1 or 1
FEB - 5 ~'JO!
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EXHIBIT D
RESOLUTION NO. 01-011
PMUD
DVA-Ol-001 (Westchester)
September 11, 2001
Page 35
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RESOLUTION NO. 01-011
FILE NO: RZ-00-o15
A RESOLUTION GRANTING PRELIMINARY
PLANNED DEVELOPMENT APPROVAL FOR
PROJECT KNOWN AS WESTCHESTER
A PLANNED MIXED USE DEVELOPMENT
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, as made the following
determinations:
CHANGE IN ZONING
1. Westchester Development Company presented a petition, for a change in zo ing from AG-1
(Agriculture· 1 dwelling unit! acre) to PMUD (Planned Mixed Use Develop ent) for certain
property in St. Lucie County, Rorida.
2. On February 15, 2001, the St Lucie County Planning and Zoning Commlssl n held a public
hearing, of which due public notice was published in the Port St Lucie N ws and the Ft.
Pierce Tnbune and mailed to all property owners within 500 feet at least 0 days prior to
the hearing, and recommended to this Board that the requested change in z nlng from AG·
1 (Agriculture - 1 dwelling unit! acre) to PMUD (Planned Mixed Use D velopment) be
granted.
SITE PLA.N
3. The petitioner is proposing to construct a 200 unit residential project wi h 14.1 acres of
commercial area, 56.3 acres for civic uses, 2.1 acres for religious use, 76.1 acres of open
space and infrastructure in the northwest quadrant of 1-95 and Gatlin, n the property
described in Part B below.
4. The Development Review Committee has reviewed the preliminary s te plan for the
proposed project and found it to meet all technical requirements and to b consistent with
the future land use maps of the S1. Lucie County Comprehensive PIa, subject to the
conditions set forth in Part A of this Resolution.
5. On February 15, 2001, the St. Lucie County Planning and Zoning Commiss n held a public
hearing, of which due public notice was published in the Port 81. Lucie ews and the Ft.
Pierce Tribune and mailed to all property owners within 500 feet at least 10 ays prior to the
hearing, and recommended to this Board that Preliminary Development Ian approval for
the project known as Westchester· a Plarmed Mixed Use Development, e granted.
6. On March 6, 2001, this Board held a public hearing on the petition, after pu Iishlng a notice
of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune and otifying by mail
all owners of property within 500 feet of the subject property.
7. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Land Development Code, the 8. Lucie County
Comprehensive Plan. and the Code of Ordinances of St. Lucie County.
Ale No.: AZ-0(H)15
March 6, 2001
All30h,¡lÏQn 01-011
Page 1
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The prop!:>sed project will not have an undue adverse eHect on adjace t property, the
character of the neighborhood, traffic conditions, parking, utility facilities, r other matters
aHeeting the public health. safety and general welfare.
8.
9.
All reasonable steps have been taken to minimize any adverse effect 0 the proposed
project on the immediate vicinity through building design, site design, la dscaping, and
screening.
10.
The proposed project will be constructed, arranged and operated so as not t interfere with
the development and use of neighboring property, in, accordance with ap Iicable district
regulations.
11.
The proposed project will be served by adequate public facílíties and servi es.
12. The applÏli;ant has demonstrated that water supply, evacuation facilities, nd emergency
access are satisfactory to provide adequate fire protection.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners f the St. Lucie County,
Ronda:
A Pursuant to Section 11.02.05 of the 5t Lucie County Land Develop ent Code, the
Preliminary Site Plan for the project known as Westchester - A Planned Uni Development
is hereby, approved as shown on the site plan drawings for the project prep a ad by Thomas
Lucido & Associates, P.A dated September 15,2000 and subsequently r vised through
February 23, 2001, and date stamped received by the St. Lucie Cou ty Community
Development Director on February 23, 2001, subject to the conditions as outlined in
attached Exhibit 'A' and the following allowance for residential unit transfe from the PUD
to the PMUD.
At the time at Anal Development Plan Approval for the Westchester PMUD the developer
may, as a minor adjustment, increase the number of residential units within t e Westchester
PMUD by transferring up to 100 residential units from the Westchester PU ,provided that
the Westchester PUD is reduced by an equal number of residential units.
B. The property on which this preliminary approval is being granted is described as folio
See attached legal desc~tion - Exhibit 'B'
(Location: Northwest quadrant of 1-95 and Gatlin Blvd)
C. The approval of this Preliminary Site Plan is contingent upon the develope obtaining final
Planned Unit Development approval within 24 months ot the date of a proval of this
resolution. If Final Planned Unit Development approval ha~ not been obta ned within this
period, this site plan shall expire on March 6, 2000, unless a Preliminary Sit Plan approval
extension is granted in accordance with Section 11.02.06(8), St. Luci County Land
Development Code.
D. The conditions set forth In Section A are an integral nonseverable part f the site plan
approval granted by this resolution. It any condition set forth in Section A i determined to
File No.: RZ-QO-OI5
Marçh 6, 2001
ResoludQl1 01·011
Page 2
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be invalid or unenforceable for any reason anå the developer declines to co ply voluntarily
with that condition, the site plan approval granted by this resolution shall b come null and
void.
E. A copy of this resolution shall be attached to the site plan drawings describ in Section A,
which plan shall be placed on file with the SI. Lucie County Communit Development
Director.
After motion and second I the vote on this resolution was as follows:
Chairman Frannie Hutchinson
AYE
AYE
Vice-Chairman Doug Goward
Commissioner Cliff Barnes
AYE
AYE
Commissioner John Bruhn
Commissioner Paula Lewis
AYE
PASSED AND OUL Y ADOPTED this 6th day of March, 2001.
BOARD OF COUNTY COMMIS lONERS
ST. LUCIE COUNTY. FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
DEPUTY CLERK
COUNTY ATTORNEY
Fikl No.; RZ-OO-OlS
March 6. 2001
ResoluUon 01-011
Page 3
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EXHIBIT 'A'
WESTCHESTER PUD/PMUD CONDITIONS
. PRELIMINARY
DRAINAGE
1. The developer shall design and construct the stormwater ma agement system in
accordance with applicable South Rorida Water Manageme t District regulatory
criteria.
2. The surface water management system and any required Ii oral planting zones
shall be designed, constructed and maintained in accordanc with South Florida
Wat~r Management District ERP requirements. ,
EDUCATION
3. AJI residential development within this project shall be subje to the terms and
requirements of Sl Lucie County Ordinance 88-16, Educa onal facility Impact
Fees, and as may subsequently be amended. Any con ribution toward, or
development or dedication of school land or facilities s all be eligible for
Educational Impact Fee cr.edit to the extent permitted nder the County's
Educational Facility Impact Fee ordinance.
FIRElEMS PROTECTION
4. All development within this project shall be subject to the te
of S1. Lucie County Ordinance 00-031, Fire/EMS Impact
subsequently be amended. To the extent permitted under th
Impact Fee regulations, any contribution toward or developm
land for Fire/EMS facilities may be considered for all or part 0
Fee Credit.
GENERAL DEVELOPMENT CONDITIONS
5. General building setbacks shall be as follows;
s and requirements
ees, and as may
County's FirelEMS
nt or dedication of
a Fire/EMS Impact
a. Single-family home sites west of the North/South corrid r:
Minimum lot size: 42 w x 100 d
Maximum lot size: 100 w x'125 d
Maximum lot coverage: 80%
Front setback: 20 feet (15 feet for hose homes with a
front, side loading ga age layöut)
Side setback: 6 feet (0 feet and 12 feet for zero lot line
homes)
Side setback (Corner): 15 feet
Rear setback: 15 feet (screen roo sl pool decks and
Pagel ,iii
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March 6. 2001
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other ancillary stru tures may be a
minimum of five feet rom a rear property
line provided that no uch ancillary facility
interferes with ny drainage or
maintenance easem nt)
b. Single family home sites east of the North/South corrido :
Minimum lot size: 30 w x75 d
Maximum lot size: 100 w x 130 d
Maximum lot coverage: 90%
Maximum building height: 35 feet
Front setback: 10 feet (15 feet for those homes on a
perimeter -block lot that use a front
loading driveway)
Side setback
(Lots <50 width):
(Lots >50 width):
Side setback (Corner):
Rear setback:
Lots with rear garage access:
Lots with front garage access:
Minimum alley easement width:
Minimum alley pavement width:
Minimum alley radius:
Paue 2 ,18
P51:2941:1
o feet one side/no op nings
3 feet on other side ( inimum separation
between adjacent s ctures is 12 feet or
structures with Ie s than 12 feet
separation shall h ve automatic fire
sprinkler systems)
3 feet (minimum eparation between
adjacent structures is 12 feet or
structures with Ie s than 12 feet
separation shall h ve automatic fire
sprinkler systems)
15 feet
15 feet (screen roo sl pool decks and
other ancillary str ctu res , excluding
garages, may be a inimum of zero feet
from the property Ii e provided that no
such ancillary facility interferes with any
drainage or mainten ce easement)
15 feet (screen roo sl pool decks and
other ancillary st ctures, including
garages, may be a ¡nimum of zero feet
from the property Ii e provided that no
such ancillary facili interferes with any
drainage or mainten ce easement)
20 feet (One-way all s)
10 feet (One-way all s)
25 feet in direction of travel
W cbemr Caudlll'us Preliminary
Marcil B.2001
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c. Multi-Familyrrownhome sites east of the North/South A erial Road
Minimum lot size:, Variable widthlavera e depth 85 feet
Maximum lot size: Variable widthlavera e depth 110 feet
Maximum building lot coverage: Variable
Maximum building height: 50 feet
Front setback: 10 feet
Side setback between bldgs: 20 feet
Side setback (Corner): 15 feet
Rear setback:
Lots with rear garage access: 15 feet (screen sl pool decks and
other ancillary st ctu res , excluding
garages, may be a ¡nimum of zero feet
from the property Ii e provided that no
such ancillary facility interferes with any
drainage or maintena ce easement)
Minimum alley easement width: 20 feet (One-way all s)
Minimum alley pavement width: 10 feet (One-way all s)
Minimum alley radius: 25 feet in direction of ravel
6. Any obligation of Westchester Development Company ereunder shall be
assignable to a community development district create by Westchester
Development Company for such purpose.
HABITATAT, VEGETATION AND WILDLIFE
7.
Wetlands identified to be preserved on the Master Plan refere ced in Part A or as
may be delineated in subsequent permitting documentatio , shall be retained
and/or restored if necessary, and maintained in accordance with South Florida
Water Management District permit conditions. Such wetland shall be protected
by conservation easement, deed restriction, or other appropria e legal mechanism,
and future maintenance responsibilities shall be assigne to a community
development district or' other entity approved by the S uth Florida Water
Management District. In the event that threatened or enda gered species are
found, Developer shall comply with applicable regulations. As part of Final
Development Plan Approval, wetlands that are identified to e preserved on the
Master Plan referenced in Part A or ,as may be delineated in s bsequent permitting
documentation, shall be identified by specific numeration.
8. Wetlands identified to be altered, as depicted on the Maste Plan referenced in
Part A, may be altered to the extent shown with the rema ing areas of such
wetlands being retained and/or restored if necessary, nd maintained in
accordance with South Rorida Water Management Distric permit conditions.
Such wetlands shall be protected by conservation easement, deed restriction, or
other appropriate legal mechanism, and future maintenance esponsibilities shall
be assigned to a community development district or other en ity approved by the
South Florida Water Management District. In the event that threatened or
Plan If&
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endangered species are found, Developer shall comply with a plicable regulations.
As part of Rnal Development Plan Approval, wetlands that are identified to be
altered on the Master Plan referenced in Part A or as m y be delineated in
subsequent permitting documentation, shall be identified by sp cific numeration.
9. Wetlands identified to be impacted on the Master Plan refere ced in Part A or on
subsequent permits, may be altered to the extent shown the eon. If necessary,
the Developer shall obtain permit approvals to alter/eliminate ese wetlands from
the South Florida Water Management D,istrict and the US Arm Corp of Engineers
and shall meet all applicable mitigation requirements and stan ards. In the event
off-site mitigation is required, the applicant shall first seek 0 perform all such
mitigation in 81. Lucie County. As part of Rnal Develop ent Plan Approval,
wetlands that are identified to be impacted/eliminated 0 the Master Plan
referenced in Part A or as may be delineated in su sequent permitting
documentation, shall be identified by specific numeration.
10. Lakes or canals shall not be excavated within 200 feet of th se wetlands, which
are to be preserved or restored on the project site, unless oth rwise approved by
South Rorida Water Management District. Any wells in the hallow aquifer shall
not be located within 300 feet of those wetlands, which are to be preserved or
restored on the project site. South Rorida Water Manag ment District must
approve any exceptions to this condition.
A copy of any South Florida Water Management District pe
addressing this condition shall be provided to St. Lucie Cou
approval.
it or other consent
prior to final plat
11. In order to promote maintenance or implementation f predevelopment
hydroperiods within the enhanced and/or restored wetlands an within any wetland
mitigation areas, final drainage plans shall provide for routing f sufficient volumes
of runoff from acceptable sources to the preserved or restor d wetlands prior to
routing of any excess runoff through the project off-site scharge outfall, in
accordance with South Rorida Water Management District tandards. Control
elevations shall be established consistent with the intent to aintain or improve
predevelopment hydroperiods within all wetland areas. The outh Rorida Water
Management District must approve ,the routing of runoff and c ntrol elevations as
shown on the final drainage plans to achieve the intent indicate above.
Copies of the South Florida Water Management District const uction permits shalf
be provided to St. Lucie County prior to final plat approval.
12. The Developer shall plant and maintain a buffer zone of nativ vegetation around
all enhanced, restored, or created wetlands on site in a cordance with the
requirements of the South Florida Water Management District.
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RECREATION AND OPEN SPACE
13. All residential development within this project shall be subj t to the terms and
requirements of St. Lucie County Ordinance 00-034, Parks I pact Fees, and as
may subsequently be amended. To the extent permitted unde the County's Parks
Impact Fee regulations, any contribution toward or develop ent or dedication of
land for recreational facilities may be considered for all or pa of a Parks Impact
Fee Credit.
ROADS IMPACT FEES
14. All development within this project shall be subject to the ter s and requirements
of S1. Lucie County Ordinance 00-032, Roads, Impact ees, and as may
subseql!ently be amended. Any contribution toward, dedicati or development of
road right of way or facilities, including but not limited t all dedications or
improvements in roadway capacity that exceed the need t provide. safe and
adequate access for the project shall be eligible for Roads 1m ct Fee credit to the
extent permitted under the County's Roads Impact Fee Ordina ces.
15. Westchester Development Company may apply any credits from transportation
impacts mitigated by Westchester Development Compan for the Phase I
PUD/PMUD in excess of the needs of the Phase I UD/PMUD toward
transportation impacts generated by development of adjacent roperties owned by
Westchester Development Company.
TRANSPORTATION
16. Gatlin Boulevard west of 1-95 shall be designed as a primary public access route
extending from its current terminus to the proposed traffic circ at the intersection
of Gatlin Boulevard and the unnamed north/south corri or. Design and
construction of the roadway shall meet all requirements of S . Lucie County and
the Florida Department of Transportation (FOOD.
1'7. The proposed traffic circle and unnamed north/south corridor, s shown on the site
plans referenced in Part A, shall be designed as a primary ublic access route.
Design and construction of the roadway shall meet all requir ments of S1. Lucie
County and FOOT.
18. An emergency/temporary access shall be provided to the estside Residential
prior to the issuance of the 250lh Certificate of Occupancy for a residential unit in
the Westside Residential area.
19. To the extent practical, and based upon the transportatio development and
service plans of the local transit providers. the final developme tplans for the area
referred to as the Westchester PMUO/PUO shall consid r the inclusion of
dedicated transit stop and areas in its final project designs.
PUI 5., &
We bllstllf Coadltlous Pfllllnlløary
Marcb 8.2001
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WASTEWATER
20. All wastewater within the Westchester PMUD/PUD shall be co nected to a central
wastewater treatment service, except that temporary buil ings shall not be
required to connect to a central wastewater treatment syste until such time as
one is made available to the temporary building site or othe ise required by the
St. Lucie County Public Health Unit. For the purpose of this development order,
temporary buildings shall be those used in connection with c nstruction activities,
models, buildings used in connection with agricultural us s, and any other
buildings that may be so excepted by the St. Lucie County Cod
WATER SU,PPLY: POTABLE AND NONPOTABLE WATER
21. All potable water within the Westchester PMUD/PUD shall be rovided by a central
potable water system, except that temporary buildings shall not be required to
connect to a central water system until such time as one is m e available to the
temporary building site or otherwise required by the 8t. Lucie ounty Public Health
Unit. For the purpose of this development order, temporary buil ings shall be those
used in connection with construction activities, models, buildings used in
connection with agricultural uses, and any other buildings that ay be so excepted
by the 81. Lucie County Code.
22. The primary source of irrigation water shall be water derive from the surface
water management systel'D of lakes supplemented by wells s permitted by the
South Florida Water Management District. No withdrawals rom lakes shall be
permitted which would adversely affect wetlands required b this 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 t is development. At
the time of water use permit issuance or renewal, the develop r shall comply with
applicable South Rorida Water Management District rules an criteria for permit
issuance, which criteria may in the future require the use of reel imed water.
23. To the maximum extent consistent with wetland protecti , surficial aquifer
wellfields serving the Westchester PMUO/PUD shall be locate such that principal
land uses within the cone of influence of such wells are open pace, preserve, or
residential area. In no case shall development, which would u e, handle, store, or
produce hazardous or toxic materials, occur within the cone 0 influence (i.e., one
foot drawdown area) of a surficial aquifer potable water suppl well, unless such
use, handling, storage, or production is consistent with binding wellfield protection
regulations.
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Westchester, Phase". 2MUD Legal Description:'
EXHIBIT B
Being a parcel of land located in Sections 9, and 10, Township'37 South, R nge 39 East, St. Lucie
County, Florida.
Said parcel being more particularly described as follows:
Begin at the intersection of the centerline of Gatlin Boulevard, (also being the orth line of Section 15) .
and the Westerly limits of Gatlin Boulevard Right-of-Way and the Westerly limits f those lands described
in an Order of Taking, dated July 24, 1979 and recorded in Official Record B ok 311 at Pages 2946
through, 2952, inclusive, Public Records of S1. Lucie County, Florida, and a shown on the Florida
Department of Transportation Right~of~Way niaps for State Road #9 (1~95), Se ion 94001-2412, dated
6/2177, with last revision of 9/11f79; thence S 89°57'05" W, along said centerlin a distance of 2815.40
feet; thence N 00°14'09" E, a distance of 2059.65 feet to the beginning of a t gent curve concave to
the Southwest, having a radius of 3000.00 feet; thence along the arc of said curve through a central
angle of 36°43'47", a distance of 1399.56 feet; thence N 63°30'22" E, a distance f 100.00 fee~ thence N
63°43'13" E, a distance of 196.38 feet to the beginning of a curve concave to th South, having a radius
of 525.00 feet; the chord of which bears N 78°27'42" E; thence along the arc of said curve through a
central angle of 29°26'59", a distance of 269.89 feet; thence 86°48'48"E, a dis ce of 62.97 feet to the
beginning of a curve cOncave to the Northwest, having a radius 'of 275.34 feet e chord of which bears
N 47°34'02" E; thence along the arc of said curve through a central angle of 1°11'51", a distance of
438.26 feet to a point of reverse curvature with a curve concave to the East,"h ving a radius of 527.97
feet; the chord of which bears N 20°16'30" E; thence along the arc of said curv through a central angle
of 40°10'52", a distance of 370.26 feet to a point of reverse curvature with curve concave to the
Northwest, having a radius of 1956. 76 fee~ the chord of which bears N 26°56'51 E; thence along the arc
of said curve through a central angle of 26°5,03", a distance of 920.42 fe t- to a point of reverse
curvature with a curve concave to the Southeast, having a radius of 525.00 t; the chord of which
bears N 28"02'14" E; thence along the arc of said curve through a central angle of 21°09'50", a distance
of 193.92 feet to the beginning of a non-tangent curve concave to the North ast, having a radius of
1550.00 feet; the chord of which bears S 49°07'13" E; thence along the arc f said curve through a
central angle of 17°59'05", a distance of 486.53 feet; thence S 58°06'45" E, a d tance of 389.95 feet to
the beginning of a curve concave to the Southwest, having a radius of 450.00 eet; the chord of which
bears S 29°00'27" E; thence along the arc of said curve through a central angle of 58°12'36", a distance
of 457.18 feet to a point of reverse curvature with a curve concave to the ast, having a radius of
1050.00 feet; the chord of which bears S 09°04'45" E; thence along the arc f said curve through a
central angle of 18°21'13", a distance of 336.35 feet; thence S 18°15'21" E, a dl tance of 855.11 feet to
the beginning of a non-tangent curve cóncave to the Southeast, having a radius f 100.00 feet; the chord
of which bears S 31°48'09" W; thence along the arc of said curve through a cent I angle of 32°43'41", a
distance of 57.12 feet, thence N 90°00'00" W, a distance of 696.16 feet; th nce S 00°00'00" W, a
distance of 320.00 feet; thence S 90°00'00" E, a distance of 25.00 feet; th nee S 00°00'00" W, a
distance oJ 290.00 feet; thence N 90°00'00" W, a distance of 25.00 feet; th nceS 00°00'00" W, a
distance of 270.00 feet; thence S 90"00'00" E. a distance of 25.00 feet; tl1 nce S 00°00'00" W, a
distance of 290.00 feet; thence N 90°00'00" W. a distance óf 15.00 feet; th nce S 00°00'00" E, a
distance of 275.00 feet; thence S 90°00'00" E, a distance of 945.64 feet; th nce S 13°02'47" E, a
distance of 115.63 feet to the beginning of a tangent curve concave to the est, having a radius of
810.00 feet; the chord of which bears S Or47'10" W; thence along the arc f said curve through a
central angle of 41 °39'54", a distance of 589.03 feet to the beginning of a non-t ngent curve concave to
the Northwest, having a radius of 100.00 feet; the chord of which bears S 28°21' 5" W; 'thence along the
arc of said curve through a central angle of 131°05'52", a distance of 228.81 fee thence S 33°05'26" W,
a distance of 397.79 feet to the beginning of a curve concave to the Southeast, h ving a radius of 500.00
feet; the chord of which bears S 16"32'43" W; thence along the arc of said curve through a central angle
of 33°05'26",a distance of 288.77 feet; thence S 00°00'00" W, a distance of 87. 7; Thence N 89°57'05"
E. a distance of 588.36 feet; thence S 00°02'55" E, a distance of 100.00 feet to e Point of Beginning.
Containing 223.40 acres, more or less.
PMUO Legal
Page 1 ot 1
February 5, 2001
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