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ORDINANCE 03-003
AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY
DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUClE
COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY
DEVELOPMENT DISTRICT NO. 5; 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 SE'I'rING 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.
Horizons St. Lucie Development, LLC, a Florida limited liability company, 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 February 4, 2003, after publishing notice of such hearing in the Ft. Pieme Tribune
and the Port St. Lucie News on January 7, January 14, January 21 and January 28, 2003
and:
(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;
(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 03-003
Final
Page 1
Print Date: 02/04/03
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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 altemative 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 forthe 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 Xll OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO
READ:
ARTICLE Xl "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO. 5":
Sect:c,n I-C.Z-~ 2C - ~ .C.$-", 2C ..........
Section 1-6.5-120. Established; name
The Westchester Community Development District No. 5 is hereby established.
Section 1-6.5-121. Boundaries
The boundaries of the Westchester Community Development District No. 5 are as set forth in the
legal description below.
WESTCHESTER CDD No. 5 - LEGAL DESCRIPTION
A parcel of land Iyinq in Section 15 and 16, Township 37 South, Ranqe 39 East1 St. Lucie
County, Florida, more particularly described as follows:
Commence at the intersection of the centerline of Gatlin Boulevard {also beinq the north line
of Section 15) and the Westerly limits of Gat n Bou evard Ri.qht-of-Way and the Westerly limits
of those lands described in an Order of Takin.q, dated July 24, 1979 and recorded in Official
Record Book 911 at Paqes 2946 throu.qh 2952, inclusive, Public Records of St. Lucie County,
Ordinance 03-003 Page 2
Final Print Date: 02/04/03
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Florida, and as shown on the Florida Department of Transportation Riqht-of-Way maps for
State Road #9 (I-95), Section 94001-2412, dated 6/2/77, with last revision of 9/11/79; thence
South 00001'45'' West, a distance of 100.00 feet to the Point of Beqinninq; thence South
89°58'15" East, a distance of 242.61 feet; thence alonq the westerly line of a 20 foot wide
F.P.& L. easement, as described in an Order Grantinq Petitioners Motion for relief from Order
of Takinq and Amendinq Order of Takinq, as same is recorded in Official Record Book 349 at
Paqes 90 throuqh 93, inclusive, Public Records of St. Lucie County, Florida, the followinq
courses and distances: thence South 00°01'45" West, a distance of 20.00 feet; thence South
89°58'15" East, a distance of 318.60 feet; thence South 81056'34'' East, a distance of 515.34
feet; thence South 69058'48" East, a distance of 276.75 feet; thence South 52°20'12'' East, a
distance of 908.27 feet; thence South 43°16'30" East, a distance of 590.74 feet: thence South
27042'53" East, a distance of 590.97 feet; thence South 19o56'04" East, a distance of 1197.74
feet; thence South 18°47'19" East, a distance of 819.08 feet to the easterly DrolonQation of the
North line of that certain parcel described in a Special Warranty Deed to Metropolitan Life
Insurance Company dated September 18, 1985, and recorded in Official Record Book 477 at
Paqes 560 throuqh 566, inclusive, Public Records of St. Lucie County, Florida; thence North
89050'39'' West, alonq the iust said Northerly line of the parcel described in the Special
Warranty deed to Metropolitan Life Insurance Company recorded in Official Record Book 477
at Pages 560 throuqh 566, and the easterly prolonqation thereof, a distance of 6314.68 feet;
thence North 00°02'55'' West, a distance of 3277.25 feet to Point of Beqinninq.
Containinq 450.40 acres, more or less.
Section 1-6.5-122. Initial Board of Supervisors.
The followinq five persons are desiqnated as the initial members of the Board of Suoervisors of the
Westchester Community Development District No. 5; Paul J. Hegener, James L. Zboril, James H.
Anderson, Jane Rowley and Donald C. Petersen.
Section 1-6.5-123. Special Conditions.
The followinq special conditions shall apply to the creation, operation, and existence of Westchester
Community Development District No. 5:
The powers and responsibilities of the Westchester Community Development District No. 5
shall be limited to the followinq:
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarqe or extend, equip.
operate, and maintain systems, facilities, and basic infrastructures for the followinq:
Water manaqement and control for the lands within the district and to connect some
or any of such facilities with roads and bridqes;
Water supply, sewer, and wastewater manaqement, reclamation, and reuse or any
combination thereof, and to construct and operate connectinq interceptinq or outlet
sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along,
Ordinance 03-003 Page 3
Final Print Date: 02/04/03
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(e)
f.(9_
(q)
(h)
i. QL
and under any street, alley, hiqhway, or other public place or ways, and to dispose of
any effluent, residue, or other byproducts of such system or sewer system:
Bridqes or culverts that may be needed across any drain, ditch, canal, floodway.
holdinq basin, excavation, public hiqhway, tract, qrade, fill, or cut and roadways over
levees and embankments, and to construct any and all of such works and
improvements across, throuqh, or over any public riqht-of-way, hiqhway, qrade, fill, or
cut;
District roads equal to or exceedinq the specifications of the county in which
such district roads are located, and street liqhts.
Buses, trolleys, transit shelters, ridesharinq facilities and services, parkinq
improvements, and related siqna.qe;
Investiqation and remediation costs associated with the cleanup of actual or perceived
environmental contamination within the district under the supervision or direction of a
competent qovernmental 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, mitiqation areas, and wildlife habitat, includioq 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, includinq water mains and pluos. {but excludino fire
stations, fire trucks and other vehicles and equipment);
school buildinqs 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,
security, includinq, but not limited to, quardhouses, fences and gates, electronic
intrusion detection systems, and patrol cars, when authorized by proper qovernmental
aqencies; except that the District may not exercise any police power, but may contract
with the appropriate local qeneral-purpose qovernment aqencies for an increased level
of such services within the District boundaries.
The Commission further consents to provide the District of the riqht 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 relatine solelv to water, sewer. District roads, and water manaoement, specificallv
includinq, without limitation, the power of eminent domain for the takinq of easements for the
drainaoe of the land of one person over and throu(3h 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
Ordinance 03-003 Page 4
Final Print Date: 02/04/03
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development permits or development orders re at n.q to the real property within the District.
The foreqoinq 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 inteqrated fashion the traffic circulation,
water, and sewer facilities on the district property as one functional interrelated communitv.
The district shall take no action which is inconsistent with the comprehensive plan, ordinances
or requlations of St. Lucie County.
No publicly owned property that may be located or acquired within the leqal description of this
Community Development District shall be assessed for, or obliqated in any way to pay for the
infrastructure constructed, maintained, or operated by the Community Development Described
in section 1.6-5.121 above.
The district shall take affirmative steps to provide for the full disclosure of information relatin.q
to the public financinq and maintenance of improvements to mai property undertaken by the
district. Such information shall be made available to all existin(] 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 offerinq statement,
shall include a copy of such information mlatinq to the public financinq and maintenance of
improvements in the public offednq statement.
Followinq the establishment of the Westchester CDD No. 5, as provided for in Sections 1-6.5-
120 and 1-6.5-121 above, each contract for the initial sale of a pamel 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 siqnature of the pumhaser, the followinq
disclosure statement in boldfaced and conspicuous tvDe which iS lamer than the tvDe in the
remaininq text of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT
MAY 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 DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTYAND OTHER
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BYLAW."
Section 1-6.5-124 - 1-6.5-129
rreservedl
Ordinance 03-003 Page 5
Final Print Date: 02/04103
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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 Capitol, Tallahassee, Florida 32304
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART G. 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
Ordinance 03-003 Page 6
Final Pdnt Date: 02/04/03
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PART H. 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 accomplish such intention;
provided, however, that Parts B through H shall not be codified.
PASSED AND DULY ADOPTED This 4th Day of February 2003.
A'i-FEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~,'/¢~- Chairma~r~ ~/
APPROVED AS TO FORM
AND CORRECTNESS:
i~..County Att~rn~'y
DJM
OR03-003(h)
Ordinance 03-003 Page 7
Final Print Date: 02/04/03
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Exhibit A
Map of Westchester Community
Development District #5
Ordinance 03-003 Page 8
Final Print Date: 02/04/03
v
WESTCHESTER
Z
-tORIZONS ST. LUCIE
DEVELOPMENT
OR BOOK 1660 PAGE 227