HomeMy WebLinkAbout06-037
'\
(CDD No.5)
ORDINANCE NO. (k,0.37
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA AMENDING ORDINANCE NO. 03-003
ENACTED BY THE COUNTY ON FEBRUARY 4, 2003 ESTABLISHING
THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.5,
AMONG OTHER MATTERS AND AMENDING SECTION 1-6.5 OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA IN ORDER
TO CONTRACT AND CONTEMPORANEOUSLY EXPAND THE
EXTERNAL BOUNDARIES OF THE DISTRICT AND DESCRIBE THE
REVISED EXTERNAL BOUNDARlES O:F THE DISTRICT AND
AMENDING SECTIONS 1-6.5-83 OF THE CODE OF ORDINANCES TO
PROVIDE FOR THE CHANGE OF TIlE DISTRICT'S NAME TO
SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO.5;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, hased on
the testimony and evidence, including, hut not limited to the staff report, has made the following
determinations;
1. On February 4. 2003, the County enacted Ordinance No. 03-003 (the
"Ordinance") amending Section I -6.5 "Community Development" of the Code of Ordinances of
St. Lucie County, Florida to establish Westchester Community Development District No.5 (the
"District") as a community development district pursuant to Chapter 190, Florida Statutes (the
"Act") and its external boundaries, among other matters. Subsequent to the enactment of the
Amending Ordinance, all of the real property within the boundaries of thc District was annexed
into the boundaries of the City of Port St. Lucie, Florida (the "City"). The external boundaries of
the District currently contain approximately 450.40 acres of real property located entirely within
the jurisdictional boundaries of thc 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 the boundaries of the
District be contracted and contemporaneously expanded, so that thereafter approximately
540.128 acres of real property will be located within the external boundaries of boundaries of the
District. The Petition also reqnests the change of the District's name to "Southern Grove
Community Development District No.5" to be consistent with the name of the community
within the boundaries of the District. The Petition also requests that the County amend the
Ordinance to reflect the revised boundaries of the District and the changed name of the District.
3. The County has conducted a public hearing on the Petition in accordance with the
requirements of Section] 90.0046(1 )(b) and has considered the record of the public hearing and
FTL:1353032:3
ESDWIN M. FRY, J,., CLERK OF THE CIRCUIT COURT
AINT LUCIE COUNTY
FILE # 2923659 09/07/20OS at 11"00 AM
OR BOOK 2651 PAGE 13 - 22 D~c Type" ORDN
RECORDING: $86.50 .
the factors set forth in Section 190.005(l)(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 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;
(f) 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 Ordinance and
Section 1-6.5 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 ORDINANCE TO
ESTABLISH NEW EXTERNAL BOUNDARlES OF THE DISTRICT AND CHANGE
NAME OF DISTRICT. The County hereby grants the Petition. Part A of the Ordinance is
hereby amended to expand 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 of the Code of Ordinances of the County establishing the boundaries of the District
is hereby amended so that 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.5" and replace such
reference with "Southern Grove Community Development District No.5" The Original
FTL:1353032:3
2
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.5" shall be deemed to be replaced
by references to "Southern Grove Community Development District No. S."
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. This ordinance shall be
applicable throughout St. Lucie County's jurisdiction.
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 tiling 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:1353032:3
3
ATTEST:
FTL:1353032:3
"
" ~ ~ I ..
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By:
Chairman
4
FTL:1353032:3
EXHIBIT A
EXTERNAL BOUNDARIES OF THE DISTRICT
A-I
fA ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS . PLANNERS . SURVEYORS
590 NW Peacock Blvd. Suite 9, Port St. Lucie, FL 34986
(772) B7B-1700~ fax: (772) B78-1B02, Web: WMV.lnw-inc.com
West Pslm Beach . Port St. lucie . Orlando ' Vera Beach
E8 8432 I LB _4
DESCRIPTION TO ACCOMPANY SKETCH
DESCRIPTION: NEW C.D.D. NO.5 (TRADITION)
A PARCEL OF LAND LYING IN SECTIONS 15.16 AND 22, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST.
LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRADITION PARKWAY (TRACT R-3) AS SHOWN ON THE PLAT
OF TRADITION PLA T NO.6, RECORED IN PLAT BOOK 42, PAGES 5, 5A THRU 5F, PUBLIC RECORDS OF
SAID ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO LYING ON THE WESTERLY RIGHT-OF-WAY
LINE OF INTERSTATE 95 (1-95-STATE ROAD NO.9) AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO.9 (1-95), SECTION 94001-2412,
DATED 6-22-77, WITH LAST REVISION DATE OF 9-11-79; THENCE TRAVERSING SAID WESTERLY
RIGHT-OF-WAY LINE BY THE FOLLOWING TEN (10) COURSES;
1. SOUTH 89°58'15" EAST, A DISTANCE OF 242.61 FEET;
2. SOUTH 00°01'45" WEST, A DISTANCE OF 20.00 FEET;
3. SOUTH 89°58'15" EAST, A DISTANCE OF 318.60 FEET;
4. SOUTH 81°56'34" EAST, A DISTANCE OF 515.34 FEET;
5. SOUTH 69°58'48" EAST, A DISTANCE OF 276.75 FEET;
6. SOUTH 52°20'12" EAST, A DISTANCE OF 908.27 FEET;
7. SOUTH 43°16'30" EAST, A DISTANCE OF 590.74 FEET;
8. SOUTH 27°42'53" EAST, A DISTANCE OF 590.97 FEET;
9. SOUTH 19°56'04" EAST, A DISTANCE OF 1197.74 FEET;
10. SOUTH 18°47'19" EAST, A DISTANCE OF 1771.27 FEET;
THENCE SOUTH 70°00'00" WEST DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 312.40 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND
HAVING A RADIUS OF 1180.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 30°24'49", AN ARC DISTANCE OF 626.36 FEET TO A POINT OF
REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF
950.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL
ANGLE OF 58'03'18", AN ARC DISTANCE OF 962.59 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1180.00 FEET; THENCE
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF
27°38'29", AN ARC DISTANCE OF 569.27 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE
SOUTH 70°00'00" WEST ALONG SAID LINE, A DISTANCE OF 90.93 FEET TO A POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHWESTERLY, WESTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THRU A, CENTRAL ANGLE OF 82°39'01", AN ARC DISTANCE OF 36.06 FEET TO A POINT OF
TANGENCY WITH A LINE; THENCE NORTH 27°20'59" WEST ALONG SAID LINE, A DISTANCE OF
747.51 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 2480.18 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
NOTE: THIS 15 NOT A SKETCH OF SURVEY, bul only a graphic depictian
of the description shown hereon. There has been no field work, viewing of
the subject properly or monuments sel in connection with the preparation JU
of the informatkJn shown hereon. 'A
NOTE: Lands shown hereon were not abstracted for right-ot-way
and/or easements of record.
sŒ SHEETS 3 THRU 5 OF 5 FOR SKETCH P.\700'-799\B737\CDDS"\B737-CÐD5-SDOJ.dwg 12/29/2005 12;09,14 PM EST
DATE OF SIGNATURE
JOB No. B737
DRAWN: JDM
CHECKED: MTK
DESIGN: ARCADIS
SHEET 1 OF 5
DATE: 10-27-,-05
fA ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS . PLANNERS ' SURYEYORS
590 NW Peacock Blvd. Suite 9. Port 51. Lucie, FL 34986
(772) 878-1700' fax; (772) 878-1802, Web: wwwJnw-lnc.com
Wesl Pslm Besch . Port St lucie . Orlando ' Vero Beach
EB S482 I UI 8874
DESCRIPTION TO ACCOMPANY SKETCH
THRU A CENTRAL ANGLE OF 15°38'20", AN ARC DISTANCE OF 676.97 FEET TO A POINT OF
TANGENCY WITH A LINE; THENCE NORTH 11°42'39" WEST ALONG SAID LINE, A DISTANCE OF
634.87 FEET; THENCE SOUTH 72'05'42" WEST, A DISTANCE OF 150.88 FEET TO A POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1925.00
FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
12°39'35", AN ARC DISTANCE OF 425.34 FEET TO A POINT OF INTERSECTION WITH THE
EASTERL Y PROLONGA TION OF THE NORTH LINE THAT PARCEL OF LAND DESCRIBED IN WARRANTY
DEED TO METROPOLITAN LIFE INSURANCE COMPANY, RECORDED IN OFFICIAL RECORDS BOOK 477,
PAGE 560, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 89°50'39" WEST
ALONG THE EASTERLY PROLONGATION OF SAID NORTH LINE, A DISTANCE OF 3029.71 FEET TO A
POINT OF INTERSECTION WITH THE EAST LINE OF TRADITION PLAT NO. 19 - PHASE ONE,
RECORDED IN PLAT BOOK 47, PAGES 32 THRU 64, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY,
FLORIDA; THENCE NORTH 00°02'55" WEST ALONG SAID EAST LINE, A DISTANCE OF 2239.95
FEET; THENCE NORTH 89°57'05" EAST DEPARTING SAID EAST LINE, A DISTANCE OF 34.17 FEET TO
A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF
290.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE
OF 23°00'28", AN ARC DISTANCE OF 116.45 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE
NORTH 66°56'37" EAST, ALONG SAID LINE, A DISTANCE OF 3.33 FEET; THENCE SOUTH 69°09'50"
EAST, A DISTANCE OF 34.67 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1657.00 FEET (THE RADIUS POINT OF
WHICH BEARS NORTH 64°43'44" EAST FROM THIS POINT); THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 25°13'21", AN ARC DISTANCE OF 729.44 FEET TO
A POINT OF TANGENCY WITH A LINE; THENCE NORTH 00°02'55" WEST ALONG SAID LINE, A
DISTANCE OF 319.18 FEET; THENCE NORTH 89°57'05" EAST, A DISTANCE OF 175.00 FEET;
THENCE NORTH 00°02'55" WEST, A DISTANCE OF 12.70 FEET TO THE POiNT OF CURVAT~E WITH
A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 54°37'25", AN ARC
DISTANCE OF 166.84 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO
tHE NORTHWEST AND HAVING A RADIUS OF 300.00 FEET, SAID CURVE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID TRADITION PARKWAY; THENCE TRAVERSING SAID
SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING THREE (3) COURSES;
1. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
19°14'49", AN ARC DISTANCE OF 100.78 FEET TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
175.00 FEET;
2. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE. OF
54°37'24", AN ARC DISTANCE OF 166.84 FEET TO A POINT OF TANGENCY WITH A
LINE;
3. NORTH 89°57'05" EAST ALONG SAID LINE, A DISTANCE OF 2428.14 FEET TO THE
POINT OF 8EGINNING.
CONTAINING 540.128 ACRES, MORE OR LESS.
5EË~St£ET$3 THRU 5 OF-S-FbR SKETCH" P:\.700-799'\BY37\CDDs\B737-CDD5-SD01.dwg 12/29/2005 12:09;14 PM EST
JOB ND. B737 I DRAWN: JDM I CHECKED: MTK I DESIGN: ARCADIS
. Sf-€ET 2-0F--5 ..
T DA TE: 10-27-05
'" ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEERS ' PLANNERS . SURVEYORS
590 NW Peacock Blvd. Suite 9. Port St. Lucie. FL 34986
(772) 878-1700' fax: (772) 878-1802, Web: www.lnw-inc.com
Wøst Palm Baach ' Port Sl lucie ' Orlando . Vero Beach
EB 8432 I IS _.
SKETCH TO ACCOMPANY DESCRIPTION
I.H\.ATfED
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TRACT R-3
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2426.14'
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20,00' - -
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TRADITION
PlAT NO. 18
SCALE, I' - 600'
589'56'15'E
316.60' S61'56'34"E
569'56'15"E 515.34'
242.61'
P,Q,B.
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ΠTRADITION PARKWAY (TRACT-R3J
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WARRENTY DEED TO foETROPOLITAN UF'E
lN5lRANΠtot.PANY (OFFICIAL RECORDS
BOOK 471'. PAGE 560)
SEE SHEEts 1 & 2
JOB No. B737
S72'05'42"W
\ 150.66'
\ Nl1'42'39'W
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OFS .FOR DESCRIPTION
DRAWN: JDM
LEGEND:
R - RADIUS
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SEE SHEET 4
CHECKED: MTK
DESIGN: ARCADIS
SHEET 3 OF 5
DA TE: 10-27-05
P,\.7QO-799\.B7J7\.CDD!i\.B737;"CDD:5-SDOI.dw!i1 -12:/29/2005 lZ,C'Jo!4 PH EST
1'1 ARCADIS LNW
Lawson, Noble & Webb, Inc.
NGINEERS LANNERS URVEYORS
590 NW Peacock Blvd, Suite 9, Port SI. Lucie. FL 34986
(772) 878-1100 fax: (772) 878-1802 Web: wwwJnw-inc.com
West Pslm Bssch Port St. Lucis Orlando Vsro Beach
E8 "82/ LØ 8874
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1- = 600'
MA TCH LINE
SEE SHEET 3
lH'LA TTED
R=950.DO'
ð=58"03'18" \
L=962,59'
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540.128 ACRES + 1-
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PGS. = PAGES
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
RAD. = RADIAL
CDD = COMIvlJNITY DEVELOPMENT DISTRICT
SEE SHEETS 1& 2 --OF 5~--FOR DESCRIPTION P'\700-79'i1\Jl737\CDDs\B737-CDII5-!;D02.CI"g 12'/2<)/2005 12.o7:21;>M EST
JOB No. B737 DRAWN: JDM CHECKED, MTK DESIGN' ARCADIS
SHŒT 4 OF 5-
DATE' 10-27-05
fA ARCADIS LNW
Lawson, Noble & Webb, Inc.
ENGINEER8 PLANNER8' SURVEYOR8
590 NW Peacock Blvd. Suite 9, Port St. Lucie. FL 34986
(772) 878-1700. fax: (772) 878-1802. Web: www.lnw-inc.com
WeBt PIIm Beach . Port Sl Lucie . Orlando ' Vero Blach
EB S4S2 I LI 881.
SKETCH TO ACCOMPANY DESCRIPTION
~~~ PlA_4. ~~¡; ,)~ I.;;;,..,,, TRADITION PlAT NO. IT
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PlAT NO. 11 R=3oo.OO'
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JOB No. B737
DRAWN: JDM
SEE SHEETS 1- & 2 ·OF--5 -FOR ~·.DESCRIP;.TION· f"\70~''19\1I737'\CDIk\!137-CDD5-SD03..o'..S 12.129/æ05 UNt<2b PM ($T-:.,J
SHEET 5, OF 5
DATE: 10-27-05
CHECKED: MTK
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029.71' (TOTAl'
DESIGN: ARCADIS