HomeMy WebLinkAbout02-030 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
40
ORDINANCE 02-030
AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY
DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUClE
COUNTY, FLORIDA; RESERVING ARTICLE Xl AND Xll OF THIS
CHAPTER FOR FUTURE USE; CREATING ARTICLE XlII,
ESTABLISHING THE PORTOFINO SHORES COMMUNITY
DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF
THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OFTHE 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 evidence, 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.
Prime Homes at Portofino Shores, Ltd., a Florida Limited Partnership,, 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 December 17, 2002, after publishing notice of such hearing in the Ft. Pierce
Tribune and the Port St. Lucie News on November 19, November 26, December 3 and
December 10, 2002.
(a) 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:
(b) All statements contained within the petition are true and correct;
Ordinance 02-030
Final
~"~ . ~ Page1
Print Date: 12/17/02
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
42
43
44
(c)
(d)
(e)
(f)
(g)
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;
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 community development
services and facilities to the area that will be served by the district;
the corn mu nity development services and facilities for the district will be compatible
with the capacity and uses of the existing local and regional corem unity development
services and facilities; and,
The area that will be served by the district is amenable to separate special district
government.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A.
ARTICLE Xl, OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO
READ:
Section 1-6.5-120 - 1.6.5-129
[reserved]
PART B.
ARTICLE Xll, OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE
CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA, IS CREATED TO
READ:
Section 1-6.5-130 - 1.6.5-139
[reserved]
PART C.
ARTICLE Xlll "PORTOFINO SHORES COMMUNITY DEVELOPMENT
DISTRICT" OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE
CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA, IS CREATED TO
READ:
Ordinance 02-030 Page 2
Final Print Date: 12/17/02
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
40
41
42
43
44
45
46
47
48
49
50
51
52
Section 1-6.5-140. Established; name
The Portofino Shores Community Development District is hereby established.
Section 1-6.5-141. Boundaries
The boundaries of the Podofino Shores Community Development District are as set forth in the
legal description below.
BEING ALL THAT PART OFTHE EAST ONE-HALF OF SECTION 12, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST.
LUCJE COUNTY, FLORIDA, LYING NORTH OFTHE TIJRNPIKE FEEDER ROAD, AND ALLTHAT PART OF THE WEST
ONE-QUARTER OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING NORTH OF SAIDTURNPIKE
FEEDER ROAD;
LESS AND EXCEPTING THEREFROM A PARCEL OF APPROXIMATELY 2.9 ACRES DESCRIBEDAS: A PARTOF
TH E WEST 146. 34 FEEl'OF THE SOUTHEAST ONEq3UARTER OF SECTION 12, TOWNSHIP 34 SOUTH, RANG E
39 EAST, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE IN i ,'=HSECTION OF THE NORTH-SOUTH ONE-QUARTER SECTION UNE WiTH THE NORTHEB-Y
RIGHT-OF-WAY UNE OF THE SUNSHINE STATE PARKWAY FEEDER ROAD, WHICH POINT IS 86.61 FEEl' SOUTH
OF THE NORTHEAST CORNER OFTHE SOUTHEAST ONE-QUARTER OF THE SOUTHWESTONE-QUAItCER OF
SAID SECTION 12, TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY UNE OFTHE SUNSHINE STATE PARKWAY FEEDER ROAD, A DISTANCE OF 206.62
FEET TO A POINT, WHICH POINT AT ITS CLOS EST DISTANCE IS 146.34 FEET FROM TH E NORTH-SOUTH
ONE-QUARTER SECTION UNE OF SAID SECTION 12, TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE NORTH,
pApJu i ~ WiTHTHESAIDNORTH-SOU3¥iONE~UARTERSECTION UNE, ADISTANCEOF847.84~J:i ;THENCE
WEST 146.34 FEET TO TH E SAID NORTH-SOUTH ONE43UARTER SECTION UNE; THENCE SOUTH ALONG SAID
ONE-QUARTER SECTION LINE, A DISTANCE OF 988.34 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
ALSO I NCLU DING AN Y AN D ALL RIGHT, TITLE AN D INTEREST IN A CERTAIN EASEMENT DATED OCTOBER 27,
1970, FILED NOVEMBER 16,1970 ATO.R. BOOK 188, PAGE 907, CLERK'S FILE NO. 200989, ST. LUCIE COUNTY
RECORDS; EASEMENT DATED NOVEMBER 16,1970, AT O.R. BOOK 188, PAGE 908, CLERICS FILE NO. 200990,
ST. LUClE COUNTY REC&DS; AND EASEMENT DATED OCTOBER 12,1970, FILED NOVEMBER 16,1970, AT 0.R.
BOOK 188, PAGE 896-897, CLERK'S FILE NO. 200987, ST. LUCIE COUNTY RECORDS.
EXCEPTING TH EREFROM: A PART OF TH E SOUTH EAST ON E~IDARTER OF SECTION 12~ TOWNSHIP 34 SOUTH,
RANGE 39 EAST, DESCRIBED AS FOLLOWS:
COMMENCING ATTHE OF THE NORTH-SOUTH ONE-QUARTER SECTION LINE WITH THE NORTHERLY
RIGHT-OF-WAY UNE OFTHE SUNSHINE STATE PARKWAY FEEDER ROUTE, WHICH POINT IS 86.61 FEEl' SOUTH
OFTHE NORTI-IEAST CORNER OF THE SOUTH EAST ONE-QUARTER OF THE SOUTHWEST ONE.CLIARTER OF
SAID SECTION 12, TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY UNE OF THE SUNSHINE STATE PARKWAY FEEDER ROUTE A DISTANCE OF 205.62
FEET TO THE POINT OF BEGINNING OF THE TRACT HEREBY DESCRIBED;
FROM SAID POINT OF BEGINNING RUN NORTHEASTERLY ALONG THE RIGHT~)F-WAY OF SUNSHINE STATE
PARKWAY FEEDER ROUTE, A DISTANCE OF 200.00 FEET; THENCE NORTH PARALLEL WITH SAID
NOR~-t~OUTH ONE~:~UAH ~ ~J~ SECTION UNE TO A POINTTI-IATWOULD BE IN ~ ~.HSECTED BYA MNE EXTENDED
DUE FAST FROM A POINT ON SAID NORTH-SOUTH ON Eq3UARTER SECTION UN E ~IAT IS 901.72 FEET NOR~'I
OF THE SOUTHWEST CORNER OFTHE NORTHWEST ONE~JARTER OF THE SOLm~EAST ONE~3UARTER OF
SAID SECTION 12; THENCE WEST ALONG SAID MNE EXTENDED DUE EASTTO A POINTTHAT IS DUE NORTH
OF TH E POINT OF BEGINNING; TH ENCE SOUTH AND PARALLELWITH SAID ONEq~UARTER SECTION MNE, A
Ordinance 02-030 Page 3
Final Print Date: 12/17/02
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
42
43
44
45
DISTANCE OF 847.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 185.91 ACRES, MORE OR LESS.
Section 1-6.5-142. Initial Board of Supervisors.
The following five persons are designated as the initial members of the Board of Supervisors of the
Portofino Shores Community Development District:: Larry M. Abdo, Steven M. Glassman, Steven
B. Greenfield; Chuck Brecker, and John Culleton.
Section 1-6.5-143, Special Conditions.
The following special conditions shall apply to the creation, operation, and existence of Por/ofino
Shores Community Development District:
The powers and responsibilities of the Portofino Shores Community Development District
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)
Water management and control forthe lands within the distrfct 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,
ho/ding basin, excavation, public highway, tract, grade, fill, or cut 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, #desharing 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
Ordinance 02-030 Page 4
Final Print Date: 12/17/02
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
42
43
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);
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 Iocal general-purpose government agencies
for an increased level of such services within the District boundaries.
The district shall take no action which is inconsistent with the comprehensive plan,
ordinances or regulations of St. Lucie County.
No publicly owned property that may be located or acquired within the legal description 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 above.
The district shall take affirmative steps to provide for the full disclosure of information
relating to the public financing and maintenance of improvements to real property
undertaken by the districL Such information shall be made available to all existing residents,
and to all prospective residents, of the district. The district shall furnish each developer of
a residential development within the district with sufficient copies of that information to
provide each prospective initial purchaser of property in that development with a copy, and
any developer of a residential development within the district, when required by law to
provide a public offering statement, shall include a copy of such information relating to the
public financing and maintenance of improvements in the public offering statement.
Fo/lowing the establishment of the Portofino Shores Community Development District,
as provided for in Sections 1-6.5-140 and 1-6.5-141 above, each contract for the initial
sale of a parcel of real property and each contract for the initial sale of a residential
unit within the district shall include, immediately prior to the space reserved in the
contract for the signature of the purchaser, the following disclosure statement in
boldfaced and conspicuous type which is larger than the type in the remaining text
of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT D/STRICT
Ordinance 02-030 Page 5
Final Print Date: 12/17/02
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
42
MA Y IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE D/STRICT AND ARE
SET ANNUALLY BY THE GOVERNING BOARD OF THE D/STRICT. THESE
TAXES AND ASSESSMENTS ARE IN ADD/T/ON TO COUNTY AND OTHER
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
PART D. 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 E. SEVERABILITY.
If any portion of this ordinance is for any roason 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 cimumstance.
PART F APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction.
PART G. 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 Capitol, Tallahassee, Florida 32304
PART H. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
Ordinance 02-030 Page 6
Finat Print Date: 12/17/02
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
42
43
44
45
PART I. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Cliff Barnes AYE
Vice-Chairman Paula A. Lewis AYE
Commissioner Doug Coward AYE
Commissioner John D. Bruhn AYE
Commissioner Frannie Hutchinson AYE
PART J. CODIFICATION.
Provisions 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
sections of this ordinance may be re-numbered or re-lettered to accompJish such iR~tttion;
provided, however, that Parts D through J shall not be codified.
PASSED AND DULY ADOPTED This 17TM Day of December 2002.
Deputy d~rk ~_~ /
BOARD OF COUNTY COMMISSIONEI~-~'
ST. LUCIE~ '--o
BY ~ / m
airman
APPP~VED AS TO FORM
County Attorne.~)
DJM
OR02-030(h)
Ordinance 02-030 Page 7
Final Print Date: 12/17/02
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Exhibit A
Graphic Description of the
Portofino Shores Community
Development District
Ordinance 02-030 Page 8
Final Print Date: 12/17/02