Loading...
HomeMy WebLinkAbout01-0111 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 JOANNE HOLM~,.~,o-c~. OF THE OiRCUIT £ File Nuf~ber: ~q,~,.oo~, , ~,~ ....OR BOOK 1450 PC ORDINANCE 01-011 AN ORDINANCE AMENDING CHAPTER 1-6,5 DEVELOPMENT" OF THE CODE OF ORDINANCES COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTE[ DEVELOPMENT DISTRICT NO. 2; ESTABLISHING THE OF THE DISTRICT; DESIGNATING THE INITIAL MEMf BOARD OF SUPERVISORS OF THE DISTRICT; PROVIr CONDITIONS; PROVIDING FOR CONFLICTING PROVIDING FOR SEVERABILITY; PROVIDING FOR Al: PROVIDING FOR FILING WITH THE DEPARTMEN1 PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie Count testimony and evidence, including, but not limited to the staff report, determinations: The Board is authorized, pursuant to Sections 125.01 and 19( to establish cOmmunity development districts that are less that located within the unincorporated areas of the County. Westchester Development Company, a Florida Corporation, a petition for the establishment of a community developmen contains the information required by Section 190.005(I)(a), In accordance with Section 190.005(I)(d) and 2(b), Florida St~ public hearing on August 21,2001, after publishing notice of Pierce Tribune and the Port St. Lucie News on July 24, July 3' 14, 2001. (a) The Board has considered the record of the public he~ forth in Section 190.005 (I) (e), Florida Statutes, ant (b) All statements contained within the petition are true Ordinance 01-011 Final Or' 'COMMUNITY )F ST. LUCIE I COMMUNITY BOUNDARIES IERS OF THE ~ING SPECIAL PROVISIONS; 'PLICABILITY; OF STATE; IDIFICATION; Florida, based on the as made the following L005, Florida Statutes, 1,000 acres in size and ~as filed with the Board :district, which petition Florida Statutes. ttutes, the Board held a such hearing in the Ft. , August 7, and August .ring and the factors set has found that: and correct; Page 1 Print Date: 08/21/01 OR BOOK 1450 PAGE 1219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O (c) (d) (e) (f) (g) The creation of this district is consistent with all apl: portions of the state comprehensive plan and the effec comprehensive plan; The area of land within the proposed district is of suffic compact, and is sufficiently contiguous to be develop. interrelated community; The district is the best alternative available for deli' development services and facilities to the area that will b the community development services and facilities compatible with the capacity and uses of the existi community development services and facilities; and, The area that will be served by the district is amena[' district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Con County, Florida: PART A. ARTICLE VIII "WESTCHESTER COMMUNITY DEVE NO. 2" OF CHAPTER 1-6.5 "COMMUNITY DEVE CODE OF ORDINANCES OF ST. LUCIE COl CREATED TO READ: Section 1-6.5-90. Established; name The Westchester Community Development District No. 2 is hereb Section 1-6.5-91. Boundaries The boundaries of the Westchester Community Development Distr in the legal description contained in the attached Exhibit "A". Ordinance 01-011 Final ,licable elements and :rive local government ent size, is sufficiently ~ble as one functional ,ering the community e served by the district; for the district will be ng local and regional ,le to separate special 'nissioners of St. Lucie .OPMENT DISTRICT '.LOPMENT" OF THE JNTY, FLORIDA, IS established. ct No. 2 are as set forth Page 2 Print Date: 08/21/01 1450 PGGE ~oon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O Section 1-6.5-92. Initial Board of Supervisors. The fOllowing five persons are designated as the initial members of the of the Westchester Community Development District No. 2: John E. / James L. Zboril, James H. Anderson, and Donald C. Petersen. Section 1-6.5-93. Special Conditions. The following special conditions shall apply to the creation, opera Westchester Community Development District No. 2: The powers and responsibilities of the Westchester Communit No. 2 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconst~ equip, operate, and maintain systems, facilities, and basic following: (a) Water management and control for the lands within th( some or any of such facilities with roads and bridges (b) Water supply, sewer, and wastewater management, re, any combination thereof, and to construct and operate ~ or outlet sewers and sewer mains and pipes and wa pipelines in, along, and under any street, alley, highw~ or ways, and to dispose of any effluent, residue, or ct] system or sewer system; (c) Bridges or culverts that may be needed across a floodway, holding basin, excavation, public highway, tr~ roadways over levees and embankments, and to cons works and improvements across, through, or over a highway, grade, fill, or cut; (d) District roads equal to or exceeding the specifi which such district roads are located, and str~ Buses, trolleys, transit shelters, ridesharing parking improvements, and related signage; Ordinance 01-011 Final ; Board of Supervisors ,bdo, Paul J. Hegener, [ion, and existence of Development District uct, enlarge or extend, infrastructures for the ~ district and to connect :lamation, and muse or ~onnecting intercepting ter mains, conduits, or y, or other public place ler byproducts of such ~y drain, ditch, canal, tct, grade, fill, orcut and Iruct any and all of such ny public right-of-way, :ations of the county in ;et lights. facilities and services, Page 3 Print Date: 08/21/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O (e) (f) (g) (h) (i) (i) Investigation and remediation costs associated with pemeived environmental contamination within the distrk or direction of a competent governmental authority un benefit any person who is a landowner within the distr contributed to the contamination; Conservation areas, mitigation areas, and wildlife maintenance of any plant or animal species, and any r( personal property; Parks and facilities for indoor and outdoor recreational, uses; Fire prevention and control, including water mains and stations, fire trucks and other vehicles and equipmer School buildings and related structures, which may be to the school district, for use in the educational system, district school board; and, Security, including, but not limited to, guardhouses, fenc, intrusion detection systems, and patrol cars, when governmental agencies; except that the District may power, but may contract with the appropriate local gene agencies for an increased level of such services within The Commission further consents to provide the District of eminent domain, pursuant to Chapter 73, Florida Statutes a Statutes, over any property outside the boundaries of the unincorporated areas of the County (except municipal, co~ property) for the uses and purposes of the District relating District roads, and water management, specifically includin.( power of eminent domain for the taking of easements for the one person over and through the land of another; provided, h shall exercise the eminent domain power only if for uses and by, consistent with or in furtherance of the requirements of permits or development orders relating to the real property The foregoing powers shall be in addition, and supplemental Ordinance 01-011 Final ~e cleanup of actual or under the supervision ;ss the covered costs ict and who caused or habitat, including the ,lated interest in real or Jltural and educational Jgs, (but excluding fire it); aased, sold or donated vhen authorized by the ;s and gates, electronic authorized by proper ~ot exercise any police al-purpose government the District boundaries. the right and power of nd Chapter 74, Florida District and within the mty, state and federal solely to water, sewer, I, without limitation, the drainage of the land of ~wever, that the District ~u rposes contemplated ~pproved development ~/ithin the District. the powers which the Page 4 Print Date: 08/21/01 rjr BrjO.'.¢~ 1450 ""' ~'~' ~"'~'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 District is entitled to exercise pursuant to Chapter 190, Flori, The district will use its best efforts to develop in an integra circulation, water, and sewer facilities on the district prop~ interrelated community. The district shall take no action which is inconsistent with the ordinances or regulations of St. Lucie County. No publicly owned property that may be located or acquired wi' of this Community Development District shall be assessed for, to pay for the infrastructure constructed, maintained, or oper~ Development Described in section 1.6-5.91 above. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorpor~ County, County ordinances and County resolutions, or parts ther( ordinance are hereby superseded by this ordinance to the extent PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared inoperative, or void, such holding shall not affect the remaining porti, this ordinance or any provision thereof shall be held to be inapplicable 1 or circumstance, such holding shall not affect its applicability to any ot circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's j PART E. FILING WITH THE DEPARTMENT OF STATE, The Clerk be and is hereby directed forthwith to send a certified cop~ Bureau of Administrative Code and Laws, Department of State, Th Florida 32304. Ordinance 01-011 Final Ja Statutes. ted fashion the traffic ~rty as one functional comprehensive plan, hin the legal deception or obligated in any way ~ted by the Community ted areas of St. Lucie ,of, in conflict with this )f such conflict. :o be unconstitutional, )ns of this ordinance. If o any person, property, ner person, property, or ~risdiction. ,f this ordinance to the Capitol, Tallahassee, Page 5 Print Date: 08/21/01 OR Buu~ i450 P~GE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of PART G. ADOPTION. After motion and second, the vote on this ordinance was as follow~ Chairwoman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie Cou Code, and the word "ordinance" may be changed to "section", "articl, word, and the sections of this ordinance may be re-numbered or re. such intention; provided, however, that Parts B through H shall PASSED AND DULY ADOPTED This 21st Day of August 2001. BOARD OF COL ST. LUCIE Ordinance 01-011 Final ~tate. nty Land Development .~", or other appropriate .lettered to accomplish be codified. Page 6 Print Date: 08/21/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 ATTEST: )uty Clerk DJM OR01-01 l(h) APPROVED AS T( AND CORRECTNE County Attorney Ordinance 01-011 Final FORM "SS: Page 7 Print Date: 08/21/01 BOOK 1450 PAGE Iz~5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1¸6 Exhibit A Legal Description f~)r ~Vestchester Commulnity Development District #2 Ordinance 01-011 Final Page 8 Print Date: 08/21/01 c. LB# 6674 / CONSULTING ENGINEERS, LAND PLANNERS, ISURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LIUCIE, FLORIDA PHONE (561) 878-1700 / ' / A pARCEL OF LAND LYING IN SECTIONS 9 & 10, TOWNSHIP 37 SOUTH, RAN[GE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLI~OWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOUI~EVARD| (ALSO BEING THE NORTH LINE OF SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOUI~EVARD RIGHT-OF-WAY AND THE WESTERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER C~F TAKING DATED JULY 4, 1979 AND RECORDED IN OFFIC, IAL RECORDS BOOK 311, PAGES 2946 THR(~UGH 2952, INCLUSIVE PUBLIC RECORDS OF SAID ST. LUClE COUNTY AND AS SHOWN ON THE FL~3RIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO. 9 (I-95), S~CTION 94001 - 2412, DATED 06/02/77, WITH LAST REVISION OF 09/11/79 (THE ABOVE DESCRIBE~ WESTERLY LIMITS OF GATLIN BOULEVARD BEAR SOUTH 00'01'45" WEST AND ALL BEARINGS ARE~ RELATIVE THERETO); THENCE SOUTH 89'57'05" WEST, A DISTANCE OF 696.94 FEET; THENCE NqRTH 00'.0,,2'55" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE NORT~ 00°00'00' EAST A DISTANCE OF 46.73 FEET T© A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCE NORTHER,L,,YL.,,AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'53'4~3~ AN ARC DISTANCE OF 466.52 FEET T(~ A POINT OF TANGENCY WITH A LINE; THENCE NORTH 34'5~3'43" EAST ALONG SAID LINE A DISTANCE OF 324.06 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE T~ T,H.E SOUTHEAST AND HAVING A RADIUS OF 100.00 FEET (TI~E RADIUS POINT BEARS NORTH 64'53 43 EAST FROM THIS POIN,,T).; .THENCE NORTHERLY ALONG TitlE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108'04 24 AN ARC DISTANCE OF 188.62 I~EE,T. ~T.O. A POINT OF NON- RADIAL INTERSECTION WITH ~ .I_}NE (THE RADIUS POINT BEARS SOUTH 07~'01 53 EAST FROM THIS POINT);THENCE NORTH 22'58 07 EAST A DISTANCE OF 88.21 FEET TO A P~INT OF CURVATURE WITH A cURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700,00 ~=EET; THE~N,C~E. NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANG~_E OF 36'00 55 AN ARC / ~ NOTE: THIS IS NOT AISKETCH OF SURVEY, BUT ONLY GA~' R. BURFO~.D, PSM ,~- A GRAPHIC DEPICTIOI"~I OF THE DESCRIPTION SHOWN PROFESSIONAL SURVEYOR AND MAPPER HEREON. THERE HAS IBEEN NO FIELD WORK, VIEWING STATE OF FLORIDA REG. NO.. 4981 OF THE SUBJECT PRO~>ERTY, OR MONUMENTS SET IN .,~ ,. CONNECTION WITH |THE PREPARATION OF THIS DATE: ~ :~ --~1 ... INFORMATION SHOW~W~ HEREON. REVISIONS-UPDATES DATE BY CK'D NOTE: LANDS SI~OWN HEREON WERE NOT - ABSTRACTED FORI RIGHT-OF-WAY AND/OR EASEMENTS OF RECC~RD. / JOB NO.: B379, BY: LJH CHECKED: GRB F.B.: N/A PG.: N//~ SHEET I OF 5 ' LAWSON, NOBLE &WEBB, If LB//6674 CONSULTING ENGINEERS_LAND PLANNERS, 590 NW PEACOCK BLVD, SUITE 9, PORT ST. L PHONE (561) 878-1700 DISTANCE OF 440.01 FEET TO A POINT OF TANGENCY WITH A LINE; THEN( ALONG SAID LINE A DISTANCE OF 84.45 FEET; THENCE NORTH 12°50'43 282.65 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THI RADIUS OF 2041,35 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CENTRAL ANGLE OF 12°51'29" AN ARC DISTANCE OF 458.11 FEET TO A POI LINE; THENCE NORTH 00'00'52" VVEST ALONG SAID LINE A DISTANCE OF 6,~ NON-RADIAL INTERSECTION WITH A CURVE CONCAVE ~T~ T~,HE NORTHEAS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 29'5908 EAST FROM '1 NORTHWESTERLY AND NORTH, ERLY ALONG THE ARC OF SAID CURVE THF ANGLE OF 70'47'31" AN ARC DISTANCE OF 123.56 FEET TO A POINT OF NOI WITH A LINE (THE RADIUS POINT BEARS SOUTH 79'13'20" EAST FROM THI~ 90'00'00' WEST ALONG SAID LINE A DISTANCE OF 1127.29 FEET TO A POIN' INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVII~ FEET (THE RADIUS POINT BEARS NORTH 88'18'02" WEST FROM THIS POIN' NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THR( OF 119'24'35", AN ARC DISTANCE OF 260.53 FEET TO A POINT OF NON-RAD A LINE (THE RADIUS POINT BEARS SOUTH 27'42'37" EAST FROM THIS POIN 48'17'49" WEST ALONG SAIDLINE A~DISTANCE OF 1090.57 FEET; THENCE N DISTANCE OF 'J636.03 FEET; THENCE NORTH 60'47'33" EAST A DISTANCE C SOUTH LINE OF PORT ST. LUCIE SECTION 35 AS SHOWN ON THE PLAT RE(; 15, PAGE 10 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH SAID SOUTH LINE A DISTANCE OF 1793.84 FEET TO A POINT OF NON-RADI/~ CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 5983.56 A PORTION OF THE WEST LINE OF LANDS' DESCRIBED IN ORDER OF TAKIN OFFICIAL RECORD BOOK 311, PAGES 2946 - 2952, PUBLIC RECORDS OF POINT BEARS SOUTH 85'05'37" EAST FROM THIS POINT); THENCE TRAVER~ LINE OF SAID LANDS DESCRIBED IN ORDER OF TAKING, BY THE FOLLOWIN COURSES: SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH CEh 23'41 '42" AN ARC DISTANCE OF 2474.53 FEET TO A POINT OF SOUTH 18'47'19" EAST ALONG SAID LINE A DISTANCE OF 714. SOUTH 14'47'19" EAST A DISTANCE OF 510.88 FEET SOUTH 07'32'07' EAST A DISTANCE OF 374.37 FEET SOUTH 06'58'16" WEST A DISTANCE OF 373.49 FEET 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. SOUTH 15'33'28' WEST A DISTANCE SOUTH 34'39'50" WEST A DISTANCE sOUTH 70'02'50" WEST A DISTANCE SOUTH 00'01'46" WEST A DISTANCE SOUTH 82'24'53" WEST A DISTANCE NORTH 89'58'15" WEST'A DISTANCE OF 491.49 FEET OF 207.78 FEET OF 289.50 FEET OF 64.09 FEET OF 317.56 FEET OF 635.24 FEET THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 89'57'05" WEST A DI~ TO THE POINT OF BEGINNING. CONTAINING 257.45 ACRES, MORE OR LESS. SURVEYORS UCIE, FLORIDA ;E NORTH 13°02'47" WEST EST A DISTANCE OF ,EAST AND HAVING A URVE THROUGH A NT OF TANGENCY WITH A ;9.82 FEET TO A POINT OF T AND HAVING A RADIUS HIS POINT); THENCE ',OUGH A CENTRAL ~-RADIAL INTERSECTION . POINT); THENCE NORTH ' OF NON-RADIAL G A RADIUS OF 125.01 '); THENCE NORTHERLY, )UGH A CENTRAL ANGLE [AL INTERSECTION WITH · r); THENCE NORTH ORTH 44'59'45" EAST A F 447.17 FEET TO THE :ORDED IN PLAT BOOK 39'54'10" EAST ALONG L INTERSECTION WITH A :EET SAID CURVE BEING 3, DATED JULY 24, 1979, ID COUNTY (THE RADIUS ;lNG THE WESTERLY G ELEVEN (11) TRAL ANGLE OF 'ANGENCY WITH A LINE FEET ;TANCE OF 697.07 FEET JOB NO.: B379 BY: JDM CHECKED: GRB F.B.: N/A PG.: SHEET 2 OF 5 Not Included RU-5 WESTCHESTER Existing Land Use St. Lucie County, Florida ODD:. LAND LEE OATAGORY: i ^o.~ i ~ i~.' ~! - I ' I ~r~.~ TOTAL CDD AREk ~O. I~li~ k~#y Mixed ~ Deve~3p~ (5..9 clu/a.~ Illllllllllll! ~ Roed (200'