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Home My WebLink About21-036• rOr- — m x,D rnEn ORDINANCE NO. 21-036 0°o cocr z wnm 08,wm7J o Z r AN ORDINANCE AMENDING CHAPTER 14 "COMMUNITY m N DEVELOPMENT" OF THE ST. LUCIE COUNTY CODE: ESTABLISHING W r AD m THE SILVER OAKS COMMUNITY DEVELOPMENT DISTRICT; A o W A T ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING o m THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE 0 DISTRICT; PROVIDING POWERS; PROVIDING SPECIAL CONDITIONS; o PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR z o C 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: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes,to establish community development districts that are less than 2,500 acres in size and located within the unincorporated areas of the County. 2. Kolter Group Acquisitions LLC, 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(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on October 5, 2021, after publishing notice of such hearing in the Tribune on September 7, 2021, September 14, 2021, September 21, 2021 and September 28, 2021; and: (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; 1 (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; (d) 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; (e) The district is the best alternative available for delivering the community development services and facilities district to the area that will be served by the district; (f) 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, (g) 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 XVII OF CHAPTER 14 "COMMUNITY DEVELOPMENT" OF THE ST. LUCIE COUNTY CODE, AS AMENDED TO READ: ARTICLE XVII "SILVER OAKS" COMMUNITY DEVELOPMENT DISTRICT: Section 14-350. Established: name The Silver Oaks Community Development District is hereby established. Section 14-351. Boundaries The boundaries of the Silver Oaks Community Development District are as set forth in the legal description below. 2 Silver Oaks CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 14-352 Initial Board of Supervisors The following five persons are designated as the initial members of the Board of Supervisors of the Silver Oaks Community Development District: Michael Caputo. Tim Smith.Jon Siefel. Greg Meath and Candice Smith. Section 14-353. Powers The Silver Oaks Community Development District shall have all those general powers granted pursuant to Section 190.011. and those special powers granted pursuant to Section 190.012 (1)(3) and (4). Consent is hereby given to the District to exercise those powers relating to Recreation and Security contained in Section 190.012 (2)(a) and (d). subject to the following limitations. 1. The Silver Oaks Community Development District shall not provide water or wastewater service to the lands located within or outside the boundaries of the District. 2. The Silver Oaks Community Development District shall not be authorized to construct fire stations or provide for fire trucks or other vehicles and equipment related thereto. 3. The Silver Oaks Community Development District shall not be authorized to provide mosquito control services within or without the boundaries of the District. 4. The Silver Oaks Community Development District shall not be authorized to provide solid waste collection or disposal services within or without the boundaries of the District without the consent of the County. 5. The Silver Oaks Community Development District shall not condemn property outside the boundaries of the District. 3 Section 41-354. Special Conditions 1. The Silver Oaks Community Development 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. 2. The Silver Oaks Community Development District shall take no action which is inconsistent with the comprehensive plan. ordinances or regulations of St. Lucie County. 3. 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 District described in section 14-351 above. 4. The Silver Oaks Community Development 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 district. 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. 5. Following the establishment of the Silver Oaks Community Development District, 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 DISTRICT MAY IMPOSE AND LEYY 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 COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." 4 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 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. 5 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky AYE Vice Chairman Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 5 day of October, 2021. BOARD OF COUNTY COMMISSIONERS ATTEST ST. LUCIE COUNTY, FLORIDA N , . 'I SY CO4f BY: g4 ;71Cdr. Amy w DEPUTY CLERK (5) eft eft� CHAIR r °F _, �y APPROVE AS TO FORM AND cO .Y.FI.Oa'°� CORRECT • COUNTY ATT EY 6 EXHIBIT"A" LEGAL DESCRIPTION SILVER OAKS COMMUNITY DEVELOPMENT DISTRICT Legal Description: I LEGAL DESCRIPTION TRACTS 1 THROUGH 16, INCLUSIVE,OF BLOCK 4,OF ST. LUCIE GARDENS,SECTION 23,TOWNSHIP 36 SOUTH, RANGE 40 EAST,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1, PAGES 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, AND LESS EASEMENT ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. LESS AND EXCEPT,A CERTAIN PARCEL OF LAND LYING IN SECTION 23,TOWNSHIP 36 SOUTH, RANGE 40 EAST, SAID LANDS BEING A PORTION OF THE PROPOSED PLAT OF SILVER OAKS, SAID PROPOSED PLAT BEING REPLAT OF TRACTS 1 THRU 16, BLOCK 4, PLAT NO. 1,ST. LUCIE GARDENS,AS RECORDED IN PLAT BOOK 1, PAGES 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF TRACT "A", A.K.A. PROPOSED LENNARD ROAD; THENCE 589°52'45"W, ALONG SAID SOUTH RIGHT OF WAY LINE, SAID LINE ALSO BEING THE SOUTH LINE OF THE AFORESAID SECTION 23,A DISTANCE OF 1913.85 FEET TO THE POINT OF CURVATURE OF A CURVE,CONCAVE TO THE NORTHEAST,WITH A RADIUS OF 785.00',AND WHOSE CENTRAL ANGLE IS 60°39'38",AND WHOSE CHORD BEARS N59°47'26"W;THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,A DISTANCE OF 831.10'TO A POINT WHICH LIES ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE,SAID LINE ALSO LYING 50.00 FEET EAST OF,AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST 1/4 (ONE-QUARTER), OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE WEST LINE OF PROPOSED TRACT "A", A.K.A. PROPOSED LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS, POINT ALSO BEING NON-TANGENT. CONTINUE N00°13'26"W,ALONG SAID LINE,A DISTANCE OF 1704.19'TO A NON-TANGENTIAL POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 780.00',AND A CENTRAL ANGLE OF 13°00'10",AND WHOSE CHORD BEARS 506°43'31"E;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 177.01'TO A POINT WHICH LIES 20.00' EAST OF,AS MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY LINE OF THE AFORESAID SILVER OAK DRIVE, SAID LINE ALSO BEING THE EAST LINE OF PROPOSED TRACT"A",A.K.A.LENNARD ROAD OF THE PROPOSED PLAT OF SILVER OAK;THENCE 500°13'26"E,ALONG SAID LINE,A DISTANCE OF 1145.29',TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 665.00', AND A CENTRAL ANGLE OF 89°53'49"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1043.38'TO A POINT ON A LINE WHICH LIES 120.00 FEET NORTH OF,AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST 1/4 (ONE-QUARTER), OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE NORTH LINE OF PROPOSED TRACT "A", A.K.A. LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS; THENCE N89°52'45"E, ALONG SAID LINE, A DISTANCE OF 1914.27' TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 (ONE-QUARTER) OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO BEING THE CENTERLINE OF "SHANA'S TRAIL",A PRIVATE INGRESS/EGRESS EASEMENT PER OFFICIAL RECORDS BOOK 1155, PAGE 1237, ST. LUCIE COUNTY PUBLIC RECORDS; THENCE S00°04'40"W, ALONG SAID LINE, A DISTANCE OF 120.00' TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23,TOWNSHIP 36 SOUTH RANGE 40 EAST;SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF TRACT"A",A.K.A. PROPOSED LENNARD ROAD;THENCE S89°52'45" W,ALONG SAID SOUTH RIGHT OF WAY LINE, SAID LINE ALSO BEING THE SOUTH LINE OF THE AFORESAID SECTION 23,A DISTANCE OF 2597.44' TO THE EAST RIGHT OF WAY LINE OF SILVER OAKS DRIVE; THENCE N00°13'26"W ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1241.26';THENCE DEPARTING SAID EAST RIGHT OF WAY LINE N89°51'20"E A DISTANCE OF 74.71' TO A POINT OF CURVATURE AND ALSO BEING LOCATED ON THE WESTERLY AND SOUTHERLY LIMITS OF THE PROPOSED SILVER OAKS DEVELOPMENT;THENCE THE FOLLOWING CALLS ALONG SAID WESTERLY AND SOUTHERLY LIMIT OF DEVELOPMENT OF THE PROPOSED SILVER OAKS DEVELOPMENT;THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 031°27'53"A RADIUS OF 650.72'AN ARC LENGTH OF 357.35'A CHORD BEARING OF S35°29'01"E AND A CHORD DISTANCE OF 352.88' TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 06°49'11", A RADIUS OF 3416.26' AN ARC LENGTH OF 406.63' A CHORD BEARING OF 551°18'38"E AND A CHORD DISTANCE OF 406.39'TO THE POINT OF TANGENCY;THENCE S03°30'41"E A DISTANCE OF 157.05' TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 086°24'39" A RADIUS OF 240.00' AN ARC LENGTH OF 361.96' A CHORD BEARING OF S46°43'01"E AND A CHORD DISTANCE OF 328.62'TO THE POINT OF TANGENCY;THENCE S89°55'20"E A DISTANCE OF 527.97' TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 70°32'38" A RADIUS OF 240.00' AN ARC LENGTH OF 295.49' A CHORD BEARING OF N54°48'21"E AND A CHORD DISTANCE OF 277,18'TO THE POINT OF TANGENCY,THENCE S70°27'58"E A DISTANCE OF 83.88'; THENCE S59°31'57"E A DISTANCE OF 14.18'; THENCE 507°45'29"W, A DISTANCE OF 49.33';THENCE S14°58'49"E,A DISTANCE OF 68.41';THENCE S89°55'20"E,A DISTANCE OF 900.35'TO THE EAST LINE OF SAID SECTION 23;THENCE SOO°04'40"W ALONG SAID EAST LINE OF SECTION 23,A DISTANCE OF 320.15'TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED LANDS ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23,TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA;THENCE N 00'04'40" E ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER(SE. 1/4)OF SAID SECTION 23,A DISTANCE OF 320.15 FEET TO THE POINT OF BEGINNING; THENCE N 00°04'40" E ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER(SE. 1/4) OF SAID SECTION 23 AND THE EAST LINE OF TRACTS 1,2,15 AND 16,BLOCK 4,PLAT NO.1ST.LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 2283.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TILTON ROAD; THENCE S 89°56'47" W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF TILTON ROAD LYING 40.00 FEET SOUTH OF AND PARALLEL TO AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHEAST ONE QUARTER(SE. 1/4)OF SAID SECTION 23 AND LYING 40 FEET SOUTH OF THE NORTH LINE OF TRACTS 1,3,4,5, 6 AND 7, BLOCK 4, PLAT NO. 1 ST. LUCIE GARDENS,AS RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 2611.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SILVER OAK DRIVE; THENCE S 00°13'26" E ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SILVER OAK DRIVE LYING 50.00 FEET EAST OF AND PARALLEL TO AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHEAST ONE QUARTER (SE. 1/4) OF SAID SECTION 23 AND LYING 50 FEET EAST OF THE WEST LINE OF TRACT 7, BLOCK 4,OF SAID PLAT NO. 1 ST. LUCIE GARDENS, A DISTANCE OF 502.26 FEET TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST; SAID CURVE HAVING A RADIUS OF 780.00 FEET,A CENTRAL ANGLE OF 13.'00'12" AND WHOSE BEARS S 6°43'30" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND EASTERLY LINE OF THOSE LANDS AS CONVEYED TO ST. LUCIE COUNTY, FLORIDA IN OFFICIAL RECORDS BOOK 3178,PAGE 2062,OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA, A DISTANCE OF 177.02 FEET TO A NON-TANGENT POINT; THENCE S 00°13'26" E ALONG SAID EAST LINE OF THOSE LANDS CONVEYED TO ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 687.82 FEET; THENCE N 89°51'20" E ALONG THE NORTHERLY LINE OF THOSE LANDS AS CONVEYED TO ST. LUCIE COUNTY IN OFFICIAL RECORDS BOOK 4370, PAGE 1490, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 54.70 FEET TO A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST;SAID CURVE HAVING A RADIUS OF 650.72 FEET, A CENTRAL ANGLE OF 31°27'54"AND WHOSE CHORD BEARS S 35°29'01" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 357.35 FEET TO A NON TANGENT CURVE CONCAVE TO THE SOUTHWEST;SAID CURVE HAVING A RADIUS OF 3416.26 FEET, A CENTRAL ANGLE OF 6°49'11" AND WHOSE CHORD BEARS S 51°18'38"E;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 406.63 FEET TO A POINT OF NON-TANGENCY;THENCE S 03°30'41" E,A DISTANCE OF 157.05 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; SAID CURVE HAVING A RADIUS OF 240.00 FEET, A CENTRAL ANGLE OF 86°24'39" AND WHOSE CHORD BEARS S 46°43'00" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 361.96 FEET TO A POINT OF TANGENCY; THENCE S 89°55'20" E, A DISTANCE OF 527.97 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; SAID CURVE HAVING A RADIUS OF 240.00 FEET, A CENTRAL ANGLE OF 70°32'38" AND WHOSE CHORD BEARS N 54°48'21" E; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 295.49 FEET TO A POINT OF NON-TANGENCY; THENCE S 70°27'58" E,A DISTANCE OF 83.88 FEET;THENCE S 59°31'57" E,A DISTANCE OF 14.18 FEET;THENCE S 07°45'29"W,A DISTANCE OF 49.33 FEET;THENCE S 14'58'49"E,A DISTANCE OF 68.41 FEET;THENCE S 89°55'20" E, A DISTANCE OF 900.35 FEET (THE PRECEDING TWELVE COURSES BEING COINCIDENT WITH THE NORTHERLY LINES OF THOSE LANDS CONVEYED TO ST. LUCIE COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 4370, PAGE 1490, OF THE ST. LUCIE COUNTY PUBLIC RECORDS) TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 126.725 ACRES MORE OR LESS RON DESANTIS LAUREL M. LEE Governor Secretary of State October 13, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-036, which was filed in this office on October 13, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270