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bOUl~ i i
ORDINANCE 01-010
AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY
DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY
DEVELOPMENT DISTRICT NO. 1; ESTABLISHING THE BOUNDARIES
OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE
BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL
CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION;
AND SETTING FORTH THE VOTE ON ADOPTION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and ev dence, including, but not limited to the staff report, has made the following
determinations:
The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to
establish community development districts that are less than 1,000 acres in size and
located within the unincorporated areas of the County.
Westchester Development Company, a Florida Corporation, has filed with the Board a
petition for the establishment of a community development district, which petition contains
the information required by Section 190.005(I)(a), Florida Statutes.
In accordance with Section 190.005(I)(d) and 2(b), Florida Statutes, the Board held a public
hearing on August 21,2001, after publishing notice of such hearing in the Ft. Pierce Tribune
and the Port St. Lucie News on July 24, July 31, August 7, and August 14, 2001.
(a)
(b)
The Board has considered the record of the public hearing and the factors set forth
in Section 190.005 (I) (e), Florida Statutes, and has found that:
All statements contained~v~ petition are true and correct;
(c)
The creation of this district is consistent with all applicable elements and portions of
the state comprehensive plan and the effective local government comprehensive
plan;
OrdinanCe 01-010
Final
Page 1
Print Date: 08/21/01
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(d)
(e)
(f)
(g)
The area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community;
The district is the best alternative available for delivering the comm Unity development
services and facilities to the area that will be served by the district;
the community development services and facilities for the district will be compatible
with the capacity and uses of the existing local and regional community development
services and facilities; and,
The area that will be served by the district is amenable to separate special district
government.
NOW1 THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, FlOrida:
PARt A.
ARTICLE VII "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.
1" OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ:
section 1-6.5-80. Established; name
The V~/estchester Community Development District No. 1 is hereby established.
SectiOn 1-6.5-81. Boundaries
The bpundaries of the Westchester Community Development District No. 1 are as set forth in the
legal description contained in the attached Exhibit "A".
SectiOn 1-6.5-82. Initial Board of Supervisors. /
The f~)llowing five persons are designated as the initial members of the Board of Supervisors of the
Westghester Community Development District No. 1: John E. Abdo, Paul J. Hegener, James L.
Zboril, james H. Anderson, and Donald C. Petersen.
SectiOn 1-6.5-83. Special Conditions.
The fgllow~ng special conditions shall applyto the creation, operation, and existence of Westchester
Comrpunity Development District No. 1:
1. The powers and responsibilities of the Westchester Community Development District No.
/
Ordinaqce 01-010 Page 2
Final ~ Print Date: 08/21/01
OR BOOK 1450 PAGE 1184
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1 shall be limited to the following:
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain systems, facilities, and basic infrastructures for the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Ordinan, :e 01-010
Final
Water management and control for the lands within the district and to connect some
or any of such facilities with roads and bridges;
Water supply, sewer, and wastewater management, reclamation, and reuse or any
combination thereof, and to construct and operate connecting intercepting or outlet
sewers and sewer mains and pipes and water mains, conduits, or pipelines in,
along, and under any street, alley, highway, or other public place or ways, and to
dispose of any effluent, residue, or other byproducts of such system or sewer
system;
Bridges or culverts that may be needed across any drain, ditch, canal, floodway,
holding basin, excavation, public highway, tract, grade, fill, orcut and roadways over
levees and embankments, and to construct any and all of such works and
improvements across, through, or over any public right-of-way, highway, grade, fill,
or cut;
District roads equal to or exceeding the specifications of the county in which
such district roads are located, and street lights.
Buses, trolleys, transit shelters, ridesharing facilities and services, parking
improvements, and related signage;
Investigation and remediation costs associated with the cleanup of actual or
perceived environmental contamination within the district under the supervision or
direction of a competent governmental authority unless the covered costs benefit
any person who is a landowner within the district and who caused or contributed to
the contamination;
Conservation areas, mitigation areas, and wildlife habitat, including the maintenance
of any plant or animal species, and any related interest in real or personal property;
parks and facilities for indoor and outdoor recreational, cultural and educational uses;
fire prevention and control, including water mains and plugs, (but excluding fire
stations, fire trucks and other vehicles and equipment);
school buildings and related structures, which may be leased, sold or donated to the
school district, for use in the educational system, when authorized by the district
school board; and,
Page 3
Print Date: 08/21/01
OR BOOK 1450 PAGE !i85
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(J)
security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion detection systems, and patrol cars, when authorized by proper
governmental agencies; except that the District may not exercise any police power,
but may contract with the appropriate local general-purpose government agencies
for an increased level of such services within the District boundaries.
The Commission further consents to provide the District of the right and power of eminent
domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any
property outside the boundaries of the District and within the unincorporated areas of the
County (except municipal, county, state and federal property) for the uses and purposes of
the District relating solely to water, sewer, District roads, and water management,
specifically including, without limitation, the power of eminent domain for the taking of
easements for the drainage of the land of one person over and through the land of another;
provided, however, that the District shall exercise the eminent domain power only if for uses
and purposes contemplated by, consistent with or in furtherance of the requirements of
approved development permits or development orders relating to the real propertywithin the
District.
The foregoing powers shall be in addition, and supplemental, to the powers which the
District is entitled to exercise pursuant to Chapter 190, Florida Statutes.
The district will use its best efforts to develop in an integrated fashion the traffic circulation,
water, and sewer facilities on the district property as one functional interrelated community.
The district shall take no action which is inconsistent with the comprehensive plan,
ordinances or regulations of St. Lucie County.
4. No publicly owned propertythat may be located or acquired within the legal deception of this
Community Development District shall be assessed for, or obligated in any way to pay for
the infrastructure constructed, maintained, or operated by the Community Development
Described in section 1.6-5.81 above.
PART B. CONFLICTING PROVISIONS.
Specihl acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
Counly 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 an¥~ortion of this ordinance is for any reason hold or declared to be unconstitutional, inoperative,
or voi~t, such holding shall not affect the remaining portions of this ordinance. If this ordinance or
any p~ovision thereof shall be held to be inapplicable to any person, property, or circumstance, such
!
Ordinar ce 01-010 Page 4
Final Print Date: 08/21/01
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OR BOOK 1450 PAGE 1186
holdilg shall not affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ~rdinance shall be applicable throughout St. Lucie County's jurisdiction.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The ~lerk 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 Capitol, Tallahassee, Florida 32304
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PAR~ G. ADOPTION.
After
PAR]
'notion and second, the vote on this ordinance was as follows:
Chairwoman Frannie Hutchinson
Vice-Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner John D. Bruhn
Commissioner Cliff Barnes
H. CODIFICATION.
AYE
AYE
AYE
AYE
AYE
/
Provi~ions of this ordinance shall be incorporated in the St. Lucie County Land Development Code,
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sect ons of this ordinance may be re-numbered or re-lettered to accomplish such intention;
provided, however, that Parts B through H shall not be codified.
/
OrdinanCe 01-010 Page 5
Final Print Date: 08/21/01
OR BOOK 1450 PAGE 1187
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PAS~ED AND DULY ADOPTED This 21st Day of August 2001.
BOARD OF COUNTY
ST. LUCIE
BY
A-I-I-EST:
APPROVED AS TO FORM
AND CORRECTNESS:
C
DJM
OR01-0 !0(h)
01-010
Page 6
Print Date: 08/21/01
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OR BO0~ I~50 ~^R~
Exhibit A
Legal Description of the
Westchester Community
Development DiStrict #1
OrdinanCe
Final
01-010
Page 7
Print Date: 08/21/01
LAWSON, NOBLE &WEBB, INC.
LB//6674 -
CCNSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
590 NW PEACOCK BLVD, sUITE 9, PORT ST. LUCIE, FLORIDA
PHONE (561) 878-1700
LEGAL DESCRIPTION: (C.D.D.- 1)
A PARCEL O!
COUNTY, FL(
COMMENCE
NORTH LINE
AND THE WE
: LAND LYING IN SECTIONS 9 & 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE
)RIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
kT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOULEVARD (ALSO BEING THE
~)F SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD RIGHT-OF-WAY
3TERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER OF TAKING DATED JULY 4,
1979 AND RE 3ORDED IN OFFICIAL RECORDS BOOK 311, PAGES 2946 THROUGH 2952, INCLUSIVE
PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AND AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO. 9 (I,95), SECTION 94001 - 2412,
DATED 06/02/77, WITH LAST REVISION O,F. 0,9/11/79 (THE ABOVE DESCRIBED WESTERLY LIMITS OF
GATLIN BOULEVARD ,B,E,A,R SOUTH 00'01 45 WEST AND ALL BEARINGS ARE RELATIVE THERETO);
THENCE SOUTTH 89'57 05 WEST, A DISTANCE OF 696.94 FEET; THENCE NORTH 00'02'55" WEST, A
)!_S_T.A.N. _C_E O3 100.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°57'05" WEST, A
i~fANCE OF~ 1731.15 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 175.00 FEET; THENCE WESTERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CURVE ~HROUGH A CENTRAL ANGLE OF 54'37'24" AN ARC DISTANCE OF
166,84 FEET lO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST
AND HAVING ~\ RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE
ARC OF SAID 3URVE THROUGH A CENTRAL ANGLE OF 73°48'39', AN ARC DISTANCE OF 386.47 FEET
TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH
t9'14'10" EAS'-FROM THIS POINT);THE~...C.E, NORTH 00'14'07" EAST ALONG SAID LINE, A DISTANCE
OF 969.18 FEE T; THENCE SOUTH 90'00 00 EAST, A DISTANCE OF 556.48 FEET TO A POINT OF
CURVATURE VITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 500.00
FEET; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID cuRvE THROUGH A ~
C~ENTRAL ANGLE OF 18'02'57" AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY WITH A
/
WlTI~OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
NOT
VALID
MAPPER.
/
~AI~~ D, PSM
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORi ~A PEG. NO. 498i
DATE: I
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY
A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN
HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING
OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN
CONNECTION WITH THE PREPARATION OF THIS
INFORMATION SHOWN HEREON.
JOB NO.: BY: LJH
CHECKED: GRB
NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHT-OF-WAY AND/OR
EASEMENTS OF RECORD.
F.B.: N/A PG.: N/A SHEET I OF 3
LAWSON, NOBLE &WEBB, INC.
LB# 6674
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
590iNW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA
PHONE (561) 878-1700
LINE; THENCE NORTH 71°57'03" EAST ALONG SAID LINE, A DISTANCE OF 191.23 FEET TO A POINT OF
CURVATUREIWITH A CURVE CONCAVE TO THE SOUTH AND HAVING RADIUS OF 500.00 FEET;
THENCE NORTH,~F_~,STERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 18'02 57 AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY WITH A LINE;
THENCE SOUTH 90°00'00' EAST ALONG SAID LINE A DISTANCE OF 129.71 FEET; THENCE SOUTH
00°00'00" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 200.02
FEET; THENCE NORTH 00°00'00" WEST A DISTANCE OF 248.00 FEET; THENCE NORTH 90'00'00" EAST
A DISTANCE OF 1289.58 FEET; THENCE SOUTH 13°02'47 EASTA DISTANCE OF 84.45 FEET TO A
POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700.00
FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
36'00'55" AN ARC DISTANCE OF 440.01 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE
SOUTH 22'58'07" WEST ALONG SAID LINE A DISTANCE OF 88.21 FEET TO A POINT OF NON-RADIAL
INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 100.00
FEET (THE RADIUS POINT BEARS SOUTH 07°01 '53" EAST FROM THIS POINT); THENCE SOUTHERLY
ALONG THE AJRC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108°04'24"" AN ARC DISTANCE
OF 188.62 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT
BEARS NORTH 64'53'43" EAST FROM THIS POINT); THENCE SOUTH 34'53'43" WESTALONG SAID LINE
A DISTANCE OF 324.06 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 34'53'43" AN ARC DISTANCE OF 466.52 FEET TO A
POINT OF TANGENCY WITH A LINE; THENCE SOUTH 00'00'00" WEST ALONG SAID LINE A DISTANCE
OF 46.73 FEET TO THE POINT OF BEGINNING.
CONTAINING 74.25 ACRES, MORE OR LESS.
SHEET 2 OF 3
BOOK
1450
PAGE 1191
Not I
RU-5
WE~;TCHESTER
Existing Land Use
St. Lucie County, Florida
v~ Lu~ do ~ as~o~at, es ~
CD[3:. LAND USE CATAGORY:
TOTAL CDDAREA:
74.25
MXD - Medium ~ la~d
uoe DewW3p~ (~9 du/ar.,)
II!11111111111 ~ ~ (200'