HomeMy WebLinkAbout06-034
(CDD No.2)
ORDINANCE NO. D(;,-D3i.f
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUClE COUNTY, FLORIDA AMENDING ORDINANCE NO. 01-011
ENACTED BY THE COUNTY ON AUGUST 21, 2001 ESTABLISHING
THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.2,
AS AMENDED BY ORDINANCE NO. 02-011 ENACTED BY THE
COUNTY ON MARCH 26, 2002, AMONG OTHER MATTERS AND
AMENDING SECTION 1-6.5-81 OF THE CODE OF ORDINANCES OF ST.
LUCIE COUNTY, FLORIDA IN ORDER TO EXPAND THE EXTERNAL
BOUNDARIES OF THE DISTRICT AND DESCRIBE THE REVISED
EXTERNAL BOUNDARIES OF THE DISTRICT AND AMENDING
SECTIONS 1-6.5-83 OF THE CODE OF ORDINANCES TO PROVIDE
FOR THE CHANGE OF THE DISTRICT'S NAME TO TRADITION
COMMUNITY DEVELOPMENT DISTRICT NO.2; I)ROVlDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including, but not limited to the staff report. has made the following
determinations:
l. On August 21, 2001, the County enacted Ordinance No. OJ-Oil (the "Original
Ordinance") amending Section 1-6.5 "Community Development" of the Code of Ordinances of
St. Lucie County, Florida to establish Westchester Community Development District No.2 (the
"District") as a community development district pursuant to Chapter 190, Florida Statutes (the
"Act") and its external boundaries, among other matters. On March 26, 2002. the County
enacted Ordinance No. 02-011 (the "Amending Ordinance") amending Section 1-6.5-81
"Community Development" of the Code of Ordinance of St. Lucie County, Florida to revise the
external boundaries of the District. Subsequent to the enactment of the Amending Ordinance, all
of the real property within the boundaries of the District was annexed into the boundaries of thc
City of Port St. Lucie, Florida (the "City"). The external boundaries of the District currently
contain approximately 234.33 acres of real property located entirely within the jurisdictional
boundaries of the City.
2. Pursuant to Section 190.046(1) of the Act, the Board of Supervisors of the District
has submitted a petition (the "Petition") to the County requesting that thc boundaries of the
District be contracted, so that thereafter approximately 196.53 acres of real property will be
located within the external boundaries of boundaries of the District. The Petition also requests
the change of the District's name to "Tradition Community Development District No.2" to be
consistent with the name of the community within the boundaries of the District. The Petition
furthcr requests that the County amend thc Original Ordinance. as amended by the Amending
Ordinance, to reflect the revised boundarics of the District and the changed name of thc District.
FTL:1353025:3
EDWIN M. FRY, J,., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2923662 09/07/2006 at 11 :00 AM
OR BOOK 2651 PAGE 48 - 56 Doc Type: ORDN
RECORDING: $78.00
3. The County has conducted a public hearing on the Petition in accordance with the
requirements of Section 190.0046(1 )(b) and has considered the record of the public hearing and
the factors set forth in Section 190.oo5(1)(e) of the Act, among other factors, and hereby finds
that
(a) All statements in the Petition have been found to be true and correct;
(b) That the land to be included within the boundaries of the District, when
aggregated with the boundary changes as effected by the Amending Ordinance, does not
exceed 50% of the acres initially located within the boundaries of the District and does
not exceed 500 acres
(c) The District is not inconsistent with any applicable elements or portion of
the State of Florida's comprehensive plan or of the effective County comprehensive plan;
(d) The area of land within the proposed revised boundaries of the District is
of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable
as one functional interrelated community;
(e) The District is the best alternative available for delivering community
development services and facilities to the area that will be served by the District;
(t) The community development services and facilities of the District will not
be incompatible with the capacity and uses of existing local and regional community
development services and facilities; and
(g) The area that will be served by the District following expansion of the
District's boundaries is amenable to separate special district government.
4. The City has submitted to the County a resolution consenting to the approval of
the Petition by the County.
5. The County now desires to grant the Petition by amending the Original
Ordinance, as amended by the Amending Ordinance, and Section 1-6.5-81 of the Code of
Ordinances of the County, as more fully set forth herein.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. GRANT OF PETITION; AMENDMENT TO ORIGINAL
ORDINANCE, AS AMENDED, TO ESTABLISH NEW EXTERNAL BOUNDARIES OF
THE DISTRICT AND CHANGE NAME OF DISTRICT. The County hereby grants the
Petition. Part A of the Amending Ordinance is hereby amended to contract the external
boundaries of the District by deleting Exhibit A to the Amending Ordinance in its entirety and
replacing it with Exhibit A attached hereto. Accordingly, Section 1-6.5-81 of the Code of
Ordinances of the County establishing the boundaries of the District is hereby amended so that
FTL:1353025:3
2
references therein to Exhibit "A" shall mean Exhibit A attached hereto. The portion of Part A of
the Original Ordinance establishing the name of the District and accordingly, Section 1-6.5-80 of
the Code of Ordinances, is hereby amended to delete the reference therein to "Westchester
Community Development District No.2" and replace such reference with "Tradition Community
Development District No.2." The Original Ordinance and the Amended Ordinance and
accordingly all references in Sections 1-6.5-80 through 1-6.5-83 of the Code of Ordinances are
hereby amended so that all other references therein to "Westchester Community Development
District No.2" shall be deemed to be replaced by references to "Tradition Community
Development District No.2."
PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature
applicable only to unincorporated areas of St. Lucie County, County ordinances and County
resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this
ordinance to the extent of such conflict.
PART C. SEVERABILITY. If any portion of this ordinance is for any reason held
or declared to be unconstitutional, inoperative, or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property, or circumstance, such holding shall not affect its
applicability to any other person, property or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
applicable throughout St. Lucie County's jurisdiction.
This ordinance shall be
PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and
is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capital, Tallahassee, Florida, 32304.
PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with
the Department of State.
After motion and second, the vote on this ordinance was as follows:
Commissioner Doug Coward, Chairperson AYE
Commissioner Chris Craft, Vice Chairperson AYE
Commissioner Joseph E. Smith AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula A. Lewis AYE
FTL: 1353025;3
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PASSED AND DULY ADOPTED this ¡5-t'cJay of ¥-' 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
W.d0 ~J
Clerk
FTL:1353025:3
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By: --/J 1 (!
Chairman j
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EXHIBIT A
EXTERNAL BOUNDARIES OF THE DISTRICT
fâ ARCADIS LNW
Lawson, Noble & Webb, Inco
ENGINEERS . PLANNERS . SURVEYORS
590 NW Peawçk Blvd. Suite 9. Port St Lucie. FL 34986
(772) 878-1700· fax: (772) 878-1802' Web: www,lnw-inc_com
West Pam Seach . Port St. Lucie . Orlando . Vera Beach
EB I4U I LI 8874
DESCRIPTION TO ACCOMPANY SKETCH
DESCRIPTION, REVISED C.D.o, NO.2 (TRADITION)
A PARCEL OF LAND LYING IN SECTIONS 9 AND 10. TOWNSHIP 37 SOUTH. RANGE 39 EAST, ST. LUCIE
COUNTY. FLORIDA AND ALSO BEING PORTIONS OF TRADITION PLA T NO.6. RECORDED IN PLAT BOOK 42.
PAGES 5, 5A THRU 5F. TRADITION PLA T NO.9, RECORDED IN PLA T BOOK 44. PAGES 2. 2A AND 2B AND
TRl1r1TTrnr-J PI t:. T Nn D.-REcœDED-IN.ELALB00K-..43rJ~AGES...J_9.--19A_--II::Ælli-l9C.-AL1 R~('()RDED_IN.-.:r-HE-
PUBLIC RECORDS OF SAID ST. LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARL Y DESCRIBED AS
FOLLOWS,
BEGIN AT THE NORTHEAST CORNER OF TRADITION PARKWAY (TRACT R-31 AS SHOWN ON SAID
TRADITION PLAT NO.6; THENCE SOUTH B9"57'05" WEST AS A BASIS OF BEARINGS ALONG THE NORTH
RIGHT-OF-WAY LINE OF SAID TRADITION PARKWAY, A DISTANCE OF 737.23 FEET TO A POINT OF CUSP
WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25.00 FEET, SAID CURVE ALSO
BEING THE WESTERLY RIGHT-OF-WAY LINE OF VILLAGE PARKWAY (TRACT R-11 AS SHOWN ON SAID
TRADITION PLAT NO.6; THENCE TRAVERSING SAID WESTERLY RIGHT-OF-WAY LINE BY THE FOLLOWING
EIGHT (B) COURSES;
1. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF B9"3B·04". AN ARC
DISTANCE OF 39.11 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 7B1.00 FEET;
2. NORTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 34'34'43". AN ARC
DISTANCE OF 471.34 FEET TO A POINT OF TANGENCY WITH A LINE:
3. NORTH 34"53'43" EAST ALONG SAID LINE, A DISTANCE OF 291.45 FEET TO A POINT OF CURVATURE
WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 5B.00 FEET;
4. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE. THRU A
CENTRAL ANGLE OF 49041'44", AN ARC DISTANCE OF 50.31 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 130.00 FEET;
5. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A
CENTRAL ANGLE OF 90"41'07-. AN ARC DISTANCE OF 205.76 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 5B.00 FEET;
6. NORTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 54"25'22". AN ARC
OISTANCE OF 55.09 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 800.00 FEET:
7. NORTHEASTERL Y. NORTHERLY AND NORTHWESTERL Y ALONG THE ARC OF SAID CURVE. THRU A
CENTRAL ANGLE OF 34"30'32-. AN ARC DISTANCE OF 4B1.B3 FEET TO A POINT OF TANGENCY WITH A
LINE;
8. NORTH 13"02'47" WEST ALONG SAID LINE. A DISTANCE OF 123.30 FEET TO THE NORTHWEST CORNER
OF SAID VILLAGE PARKWAY AS SHOWN ON SAID TRADITION PLAT NO.6. SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF VILLAGE PARKWAY (TRACT R-1J AS SHOWN ON SAID TRADITION PLAT NO. 1D;
THENCE TRAVERSING SAID WESTERLY RIGHT-OF-WAY LINE OF TRADITION PLAT NO. 10 BY THE
FOLLOWING TWELVE (12) COURSES;
NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depicjon
of the descriplion shown hereon. There has been no field work, viewing of
the subject property or monuments set io connectiol"lwilh thepreporoion
of thein/ormation shown hereon.
~ 3- ¡G.. 0';
D. MORRIS, PROFESSIONAL SURVEYOR CAT£: CF SIGNATl.f!E
PPER, FLORIDA REGISTRATION NO. 4731
NOTE: lands shown hereon were no! abstracted for right-oF-way
Oild/or easements of record.
SEE SHEET 4 & 5 OF 5 FOR SKETCH P\5DC-599\B589\OVER\CDD\Bj89CDD¡>-1.dwQ 3/1b/200S :0,:}7;53 AM EST
JOB No. B589054 DRAWN: GRB
SHEET 1 OF 5
CHECKED: GRB
DESIGN: N/A
DÞ. TE: 8-23-04
FTL:1353025:3
A-I
(ã ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS . PLANNERS . SURVEYORS
590 NW Peacock Blvd, Suite g. Port 51. LuCie. FL 34986
(772) 878-1700· fax: (772) 878-1802. Web: wwwklw-inc,com
West Pllm Beach . Port St. lucie . Orlando . Vera Beach
EB S482 I L8 .74
DESCRIPTION TO ACCOMPANY SKETCH
1. CONTINUE NORTH 13'02'47" WEST DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OF TRADITION
PLAT NO, 6. A DISTANCE OF 213.79 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE
- [A3T Ar~5 HAdNð A RA=ú"uW5ö:OO-I'Cft;- ---- -----
2_ NORTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'01'56". AN ARC
DISTANCE OF 466.28 FEET TO A POINT OF TANGENCY WITH A LINE;
3, NORTH 00'00'52" WEST ALONG SAID LINE. A DISTANCE OF 608.90 FEET TO A POINT OF CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 800.00 FEET;
4. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'58'48", AN ARC
DISTANCE OF 153.31 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 58.00 FEET;
5. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 53'54'58", AN ARC
DISTANCE OF 54,58 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 130.00 FEET;
6_ NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 95'54'38". AN ARC
DISTANCE OF 217.61 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 58.00 FEET;
7. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE. THRU A
CENTRAL ANGLE OF 49'08'12". AN ARC DISTANCE OF 49.74 FEETTO A POINT OF TANGENCY WITH A
LINE;
8, NORTH 18'08'12" WEST ALONG SAID LINE, A DISTANCE OF 627.33 FEET TO A POINT OF CURVATURE
WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RAOIUS OF 1050.00 FEET;
9, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'30'09", AN ARC
DISTANCE OF 247.44 FEET TO A POINT OF TANGENCY WITH A LINE;
10. NORTH 04'38'03" WEST ALONG SAID LINE, A DISTANCE OF 346.26 FEET TO A POINT OF CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 602.61 FEET;
11. NORTHWESTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 67'45'48", AN ARC
DISTANCE OF 712.20 FEET TO A POINT OF TANGENCY WITH A LINE;
12. NORTH 72'23'51" WEST ALONG SAID LINE. A DISTANCE OF 14.04 FEET.
THENCE NORTH 16'16'02" EAST DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 171.09 FEET;
THENCE NORTH 60'47'35- EAST, A DISTANCE OF 146.85 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST; THENCE NORTH 89'54'10" EAST ALONG THE NORTH
LINE OF SAJO SECTION 10. A OISTANCE OF 1793,84 FEET TO A POINT OF NON RADIAL INTERSECTION
WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 5983.58 FEET (THE RADIUS
POINT OF SAID CURVE 8EARS SOUTH 85'05'37" EAST FROM THIS POINT!, SAID CURVE ALSO BEING THE
WESTERLY LINE OF THAT ORDER OF TAKING, RCORDED IN OFFICIAL RECORDS 800K 311. PAGES 2946
THRU 2952. PU8LIC RECORDS OF SAID ST. LUCIE COUNTY. FLORIDA; THENCE TRAVERSING SAID
WESTERL Y LINE 8Y THE FOLLOWING ELEVEN (11) COURSES;
SEE SHEET 4 & 5 OF 5 FOR SKE TCH
JOB No. B589054 I ORA WN: GR8
P\500-S99\B589\DVEi<\CDC\j589CDD2-Ldw9 3/16/2006 lQ.37_53 AM EST SHEET 2 OF 5
I CHECKm GR8
10ESIGN: NfA
I OA Œ S-23-04
FTL:1353025:3
A-2
'" ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS . PLANNERS . SURVEYORS
590 NW Peacock Blvd. Suite 9. Port 51. Lucie. FL 34986
(772) 878·170a. fax: (772) 878·1802- Web: wwwlnw-mc.com
West Palm Beach . Port St Lucie . Ortando . VSfO Beach
Ell 1432 , La "74
DESCRIPTION TO ACCOMPANY SKETCH
1. SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF
23"41'41". AN ARC DISTANCE OF 2474.52 FEET TO A POINT OF TANGENCY WITH A LINE;
2. SOUTH 18"47'19" EAST. A DISTANCE OF 714,03 FEET;
3. SOUTH 14"47'19" EAST, A DISTANCE OF 510.88 FEET;
4. ~OUTII{)7"3E'07""EA~T. A DI~TAr4C[ or 374.37FEH;-
5. SOUTH 06'58'16" WEST. A DISTANCE OF 373.49 FEET;
6. SOUTH 15'33'28" WEST. A DISTANCE OF 491.49 FEET;
7. SOUTH 34"39'50" WEST. A DISTANCE OF 207.78 FEET;
8. SOUTH 70"02'50" WEST, A DISTANCE OF 289.50 FEET;
9. SOUTH 00"01'45" WEST, A DISTANCE OF 64.09 FEET;
10. SOUTH 82'24'53" WEST, A DISTANCE OF 317.56 FEET;
11. NORTH 89'58'15- WEST. A DISTANCE OF 635.24 FEET TO THE POINT OF 8EGINNING.
CONT AINING 196,533 ACRES. MORE OR LESS.
SEE SHEET 4 & 5 OF 5 FOR SKETCH
J08 No, 8589054 I DRAWN' GR8
P'\50C-S'39\BS89\!JVER\CDD\B589CDD2_! ej"9 3/1<',/2006 \0;]753 AM EST SHEET 3 OF 5
I CHECKEQ, GRB 10ESIGN' N/A lOAm 8-23-04
FTL:1353025:3
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II ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEER. . PLANNER' SURVEYORS
590 NW Peacock Blvd, Suite 9, Port St. Lucie, FL 34986
(772) 878-1700. fax: (772) 878-1802. Web: www.lnw-inc.oom
Woet PIIIm Booch . Port Bl Lucio . OrIondo . Vera Beach
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Lawson, Noble & Webb, Inc.
ENGINEER' PLANNERS SURVEYORS
590 NW Peaç.ock Blvd. Suite 9. Port St_ Lucie. FL 34986
(772) 878-1700· fax: (772) 878--1802, Web: www.lnw-inc_oom
West Palm S"ch . Port St. Lucie . Ortanda ,Vera Beach
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