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HomeMy WebLinkAbout02-011 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 30 31 32 33 34 35 36 37 38 39 ORDINANCE 02-011 AN ORDINANCE AMENDING ORDINANCE 01-0,1 AUGUST 21, 2001, ESTABLISHING THE WESTCHE, DEVELOpNIENT DISTRICT NO. 2, AMONG OTHE AMENDING CHAPTER 1-6.5-81 OF THE CODE OF OR LUCIE COUNTY, FLORIDA; IN ORDER '1~ CONTRA{ BOUNDARIES OF THE DISTRICT AN BOUNDARIES OF THE DISTRICT; PR PROVISIONS; PROVIDING FOR SLY APPLICABILITY; PROVIDING FOR FILIN STATE; PROVIDING FOR EFFECTI~ CODIFICATION; [:) ESTABL OVlDING F( ERABILITY; G WITH THE rE DATE; AND SETTING FORTH! THE VOTE WHEREAS, the BOard of County Commissioners of St. Lucie the testimony and evidence, including, but not limited to the following determinations: On August 21, 2001, S!; Lucie County granted .a,,ppr, amending Chapter 1-6.5 Community Development of t and Compiled Laws and establishing the Westchester' District No. 1 as a community development district pursue Statutes, and its boundaries, among other matters. The [ CDD No. 2 contain 257.45 acres of land entirely within th, of St. Lucie County. Ordinance 02-011 Final The Board of Supervisors of Westchester Community D~ has filed with the Board a petition for an amendment of th~ district, which petition contains the inforn~ation require, Florida StatUtes. The Petitioner is requestlng that the b~ CDD No. 2 be contracted to 234.33 acre., Of land. In accordance with Section 190.046(1)(b), 'lorida Statut~ hearing on March 26, 2002, after publishin( notice of su( Tribune and the Port St. Lucie News on ME rch 15, 200; Double Underline is for J~ddition Ct~kc Thrc,~g~, is for d( ,letion 1 GRANTED ON TLR COMMUNITY { MATTERS AND DINANCES OF ST. T THE EXTERNAL ;H THE REVISED )R CONFLICTING PROVIDING FOR DEPARTMENT OF PROVIDING FOR )N ADOPTION. .~ounty, Florida, based on taft report, has made the val to Ordinance 01-011 le St. Lucie County Code Community Development ~nt to Chapter 190, Florida ,oundaries of Westchester jurisdictional boundaries ;velopment District No. 2, community development by Section 190.046(1), undaries of Westchester s, the Board held a public hearing in the Ft. Pierce Page 1 Print Date: 03/26/02 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 (a) The Board has considered the rec( set forth in Section 190.005 (I) (e), ~rd of the pubilic hearing and the factors :lorida Statutes, and has found that: (b) (c) (d) (e) (e) All statements contained within the The land to be removed from the Di initially located within the District anl has not previously petitioned St. contraction of the District;'s bounda 3etition are tr ;trict does no the Board ol Lucie Cour ties. ue and correct; exceed 50% of the acres Supervisors of the District ty for the expansion or The amendment of this district is consistent with ~11 applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; The area of land within the proposed~ district is of sufficient size, is sufficiently compact, and is sufficiently contigu(~us to be dew;Iopable as one functional interrelated community; i ~ I ~ The district is the best alternative vailable for ~lelivering the community development services and facilitieslto the area hat will be served by the district; (f) (g) The community development servk compatible with the capacity and community development services The area that will be served by the d to separate special district governm~ NOW, THEREFORiE, BE IT ORDAINED by the :es and facilil ses of the e: ~d facilities; a. istrict followin ;nt. ~oard of Cou~ Lucie County, Florida: Part A of Ordinance 01-011 is hereby amended to District by deleting Exhibit A to Ordinance 01-011 ir A attached hereto. Accordingly, Section 1-6.~ establishing the boundaries of the District is hereb Exhibit "A" shall mean Exhibit A attached hereto. Ordinance 02-011 Final Double Underline is for ~ Ct~ik~ Through is for de contract the E its entirety al · 81 of the ( amended so ddition letion ies for the district will be dsting local and regional "id, contraction is amenable ~ty Commissioners of St. RDINANCE 01-011 TO F THE DISTRICT. ,xternal boundaries of the id replacing it with Exhibit :ode of Compiled Laws that references therein to Page 2 Print Date: 03/26/02 m 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 B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable qnly to uninco~[porated areas of St. Lucie County, County orClinances, and County resoluti(~ns, or pads ~hereof, in conflict with this ordinance are hereby superseded by this ordinar~ce to the ext(~nt of such conflict. PART C. SEVERABILITY. If any portion of thls ordinance is for any reason inoperative, or void, such holding shall not affect If this ordinance or any provision thereof shall b. property, or circumstance, such holding shall not ~ property, or circumstance. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout St. PART E. FILING WITH THE DEPARTMENT held or declared to be unconstitutional, he remaining portions of this ordinance. ; held to be ir~applicable to any person, ffect its applicability to any other person, Lucie County's jurisdiction. OF STATE. The Clerk be and iS hereby directed forthwith to Send a certifie( the Bureau of Administrative Code and Laws~, Departmen Tallahassee, Florida 32304. copy of this ordinance to of State, The Capitol, PART F. EFFECTIVE DATE. This ordinance shaill take effect upon filing with the Departmen' PART O. ADOPTION. After motion and second, the vote on this ordinance was as fol Chairwoman Doug Coward Vice-Chairman Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Double Underline is for Ctrlk~ Thr~u.Sh is for d, 3ddition ;letion Ordinance 02-011 Final of State. OWS: AYE AYE ABSENT AYE Page 3 Print Date: 03/26/02 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 41 Commissioner John D. Bruhn PART H. CODIFICATION. Provisions of'this ordinance shall be incorp( Development Code, and the word "ordinance" rr other appropriate word, and the sections of thi.~ lettered to accomplish such intention; provided, h be codified. PASSED AND DULY ADOPTED This 26t BOARD ST. LU¢ BY hf H:\WP\Petitions\BCC\Finished.2002\Westchester2.CDD\Westches Ordinance 02-011 Final Double Underline is for ~ Ctr::;~. Th;c,u§h is for d( AYE )rated in th~ St. Lucie County Land ~ay be changed to "section", "article", or ordinance n~ay be re-numbered or re- owever, that Parts B through H shall not Day of Mar~h 2002. ,OF COUN'I~, COMMI~g-S~NE~.. ,IE COUNTY! ~fl"./~ Chailman ' ' a :~PROVED A; A~D C0~REC (~ounty' .~ /er2ORD ddition letion .~ TO FORM TNESS: Page 4 Print Date: 03/26/02 2 3 4 6 7 8 9 10 11 12 13 14 15 16 Exhibit A Legal DescriPtion Of t.he Westchester Community Development IDistrict #2 Ordinance 02-011 Final Double Underline is for Ct~:k~ Thrc::,5,~, is for d addition ~letion Page 5 Print Date: 03/26/02 LAWSON, NOBLE iWEBB, iINC. LB# 667 4 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT STi LUCIE, FLORIDA , PHONE (561) 878-1700 ' CDD-2 I' A PARCEL OF LAND LYING IN SECTIONS 9 & 10, TOWNSHIP 37 soUTh', RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCP~BED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLI N BOULEVARD (ALSO BEING THE NORTH LINE OF SECTION 15, TOWNSHIP 37 SOUT]t, RANGE 39 EAST) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD R/GHT-OF-W~ aY AND THE WESTERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER OF 'FAKING DATED JULY 4, 1979 AND RECORDED IN OFFICIAL RECORDS BOOK 311, PAG ES 2946 THROUGH -' 2952, .INCLUSIVE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AN[~ 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 OF 09/11/79 (THE ABOVE DESCRIBED WESTERLY LIMITS OF GATLIN BO' JLEVARD BEAR SOUTH 00°01 '45" WEST AND A3_,L BEARINGS ARE RELAT[IVE THERET~ )); THENCE SOUTH 89o57'05'' WEST, A DISTANCE OF 737.09 ?EFT; THEN£ E NORTH 00o02'55'' WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BI !GINNING O1~ TH~ HEREIN DESCRIBED PARCEL, AND A POINT OF RADIAL INTERS!,;CTION WIT[' A CURVE, CONCAVE NORTHWESTERLY, AND HAVING A RADIUS ~)F 25.00 FEE1'; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TI [ROUGH A C] ~.NTRAL ANGLE OF 89°38'04", AN' ARC DISTANCE OF 39.11 FEET, TO A POINT. OF REVERS[~ CURVATURE WITH A CURVE, CONCAVE EASTERLY, HAVING A RADIUs OF 781.00 ?LET; THENCE' NORTHERLY, ALONG THE ARC OF SAID CURVE THROUOH A CENTI~ kL ANGLE OF 34°34'43'', AN ARC DISTANCE OF 471.34 FEET, TO A POINT OF TANGEI'ICY WITH A LINE; THENCE NORTH 34°53'43'' EAST, ALONG SAID LINE, A D~STANCE OF ::91.45 FEET, TO THE POINT OF'CURVATURE WITH A CURVE, CONCAVE WESTERLY, AND [ F~,VING A RADIUS OF 58..00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CUI1VE THROUGH A CENTRAL.. ANG. ~. OF~.OF 49°41'44", AN ARC DISTANCE OF 50L31 FEET, TO & POINT OF REVER~~ WI~~JorR'VE, CONCAVE SOUiHEASTERLY,, HAVING A STATE OF FLORIDA REG. NO. 4981 HEREON. THERE.H/~s BEEN NO FIELD WORK, VIEWING DATE: / -- ~O - O'?_~ OF TIlE SUBJECT PFOPERTY, OR MONUMENTS SET IN , '~ CONI~ECTION WIT) THE PREPARATION OF THIS INFOIIMATION SHO~VN HEREON. REVISIONS-UPDATES DAT, E BY CK'D NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FC R RIGHT-OF-WAY AND/OR , EASE VIENTS OF REC ORD. JOB NO.: B589 BY: JDM CHECKED: GRB F.B.: ~I/A PG.: NrA SHEET I OF 6 LAWSON, NOBLE &WEBB, INC. L'B# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT STi LUCIE, FLORIDA PHONE (561) 878-1700 RADIUS OF 130.00 FE~T"i'THENCE NORTHERLY, ALONG THE ARC Gl~ SAID CURVE THROUGH A CENTRAL ANGLE OF 90°41'07'', AN ARC DISTANCE OF ::05.76 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE NORTI tWESTERLY, HAVING A RADIUS OF 58.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°25'22'', AN ARC D [STANCE oF 55.09 FEET, TO A P~OINT OF COMPOUND CURVATURE WITH A CURVE, CO ~CAVE WESTERLY, AND HAVING A RADIUS OF 800.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°30'32'', AN ARC DISTANCE OF 481.83 'FEET, TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 13' 02'47" WEST, ALONG SAID LINE, A DISTANCE OF 337.09 FEET, TO THE POINT OF £ URVATURE WITH A CURarE, CONCAVE EASTERLY, AND HAVING A RADIUS OF 2,050.00 ~EET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTI~ AL ANGLE OF 13°01'56'', AN ARC DIS,,T, ANCE OF 466.28 FEET, TO A POINT OF TANGE NCY WITH A LINE; THENCE NORTH 00°00 52" WEST, ALONG SAID LINE, A DISTANCE O~ 608.90 FEET, TO THE POINT OF CURVATURE WITH A CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF 800.00 FEET; THENCE NORTHERLY, ALONG THE ARC O~ SAID CURVE THROUGH A CENTRAL ANGLE OF 10°58'48'', AN ARC DISTANCE OF 153.31 FEET, TO A ' POINT OF'COMPOUND CURVATURE WITH A CURVE, CONCAVE SOU THWESTERLY, AND HAVING A'RADIUS OF 58.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°54'581'', AN ARC DISTANCE OF 54.58 FEET, TO A POINT OF REVERSE CURVATURE'WITH A CURVE, CONC, [VE. NORTHEASTERLY, HAVING A RADIUS OF 130.00 FEET; THENCE NO~'.THWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CEN~ ANGLE OF 52°24'42'', AN ARc DISTANCE OF 118.92 FEET, TO A POINT OF REVERSE CURVATURE W~TH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET; THENCE N,OoR~,,H.WI?TERLY, ALONG THE ARC OF SAID CURVE THROUGH A C~NTRAL ANGLE OF 77 30 05, AN ARC DISTANCE OF 5.41 FEET, TO A POINT OF TANGEN(~Y WITH A LINE; THENCE NORTH 90000'00'' WEST, ALONG SAID LINE, A DISTANCE OFil,278.80 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 456.86 FEET, TO TI~ POINT OF CURVATURE WITH A CURVE, CONCAVE WESTERLY, AND HAVING ,t FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THR~ ANGLE OF 38°43'01 ", AN ARC DISTANCE OF 658.84 FEET, TO A POINT INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE B 51 o 16'59" WEST. FROM THIS POINT); THENCE NORTH 52045'09'' EAST A DISTANCE OF 395.15 FEET; THENCE NORTH 78015'06'' EAST, A DISTAl TO THE POINT OF CURVATURE WITH A CURVE, CONCAVE NORTHW HAVING A RADIUS OF 4.00 FEET; THENCE NORTHEASTERLY, ALON~ CURVE THROUQH A CENTRAL ANGLE OF 99°48'52'', AN ~ ~RC DISTAN¢ A POINT OF COMPOUND CURVATURE WITH A CURVE, £ ONCAVE SO AND HAVING A RADIUS OF 602.61 FEET; THENCE NORT ~IWESTERLY OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°10 10", AN ARC JOB NO.: PG.: N/A · RADIUS OF 975.00 3UGH A CENTRAL 3F NON-RADIAL EARS SOUTH LONG SAID LINE, A [CE OF 907.21 FEET, ~STERLY, AND ~ THE ARC OF SAID '.E OF 6.97 FEET, TO JTHWESTERLY, , ALONG THE ARC DISTANCE OF SHEET 2 OF ,6 LAWSON, NOBLE LB# 66 CONSULTING ENGINEERS, LAN[: &WEBBi. INC. 74 PLANNERS, SURVEYORS 590 NW PEACOCK 'BLVD, SUITE 9r PORT sT. LUCIE, FLORIDA '",, . PHONE (561) 8~78-1700 . f_.~._~_ ~_r_~,A~I) ,,UUI<VE BEARS SOUTH 16°16'04" WEST FROM THIS I~OINT); THENCE NOR:IH 16 16 02 EAST ALONG SAID LINE, A DISTANCE OF 171.26 FEET; THENCE NORTH 60o47'35'' EAST, A DISTANCE OF 146.85 FEET TO THE SOUTH LINE O~ PORT ST. LUCIE SECTION 35 AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 1:5, PAGE 10 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH ',89°54'10" EAt A.DISTANCE OF 1,793.84 FEET, TO A POINT OF NON-RADIAL INTER~ CURVE, CONCAVE EASTERLY, AND HAVING A RADIUS OF 5,983.58 BEING A PORTION OF THE WEST LINE OF LANDS DESCRIBED IN OI DATED JULY 24, 1979, IN OFFICIAL RECORDS BOOK 31 i, PAGES 29z RECORDS OF SAID COUNTY (THE RADIUS POINT OF SAID CURVE 1 85°05'37" EAST FROM THIS POINT); THENCE TRAVERSING THE WE LANDS DESCRIBED IN ORDER OF TAKING, BY THE FOLLOWING El SOUTHERLY, ALONG THE ARC OF SAID CURVE ~ ANGLE OF 2371; 1'41 ", AN ARC DISTANCE OF 2,474.521 TANGENCY WITH A LINE; 2. SOUTH 18°47'19'' EAST ALONG SAID LINE, A DISTAN 3. - SOUTH 14°47'19'' EAST, A DISTANCE OF[510.88 FEET; 4. SOUTH 07032'07'' EAST, A DISTANCE OF 374.37 FEET; 5. SOUTH 06°58'16'' WEST, A DISTANCE OF1373.49 FEET 6. SOUTH 15°3Y28" WEST, A DISTANCE OF1491.49 FEET 7. SOUTH 34o39'50'' WEST, A DISTANCE OF1207.78 FEET 8. SOUTH 70002'50" WEST, A DISTANCE OF 289.50 FEET 9. SOUTH 00001'45'' 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;. THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 89o57,05. WEsT, A DISTANCE OF 737.23 FEET TO THE POINT OF BEGINNING. ' CONTAINING 234.33 ACRES, MORE OR LESS. ;T ALONG SAID LINE, ;ECTION WITH A FEET, SAID CURVE [DER OF TAKING, ~ THRU 2952, PUBLIC EARS SOUTH IERLY LINE OF SAID EVEN (11) COURSES: DUGH A CENTRAL ?EET, TO A POINT OF EE OF 714.03 FEET; JOB NO.: B589 BY: JDM CHECKED: GRB N/A PG.: SHEET 3 OF 6 Not Included RU-5 WESTCHESTER Existing Land Use St. Lucie County, [Florida v.~.¢.~ Lueldo ~e Assoelates~ CDD:. LAND USE CATAGOJ - I ~a: are al~'~:~mate. TOTAL CDD AR'F_A:' ~W I MXD-MED 234.33 IIIIIIIIIIIIII PYc)po~od Road (200'