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Home My WebLink About26-002 Ao-ncn M;0 0 M—0 00 M 6�O rar ORDINANCE NO. 26-002 Z (D 0 m N Flz u+-4 0 AN ORDINANCE AMENDING CHAPTER 14 "COMMUNITY N `r cnDnW'>ZM m DEVELOPMENT" OF THE ST. LUCIE COUNTY CODE: ESTABLISHING m o n THE SERENOA COMMUNITY DEVELOPMENT DISTRICT; M ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING 0 0 THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THEF2m DISTRICT; PROVIDING POWERS; PROVIDING SPECIAL CONDITIONS; -<I 0 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR A SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR z o SCRIVENER'S ERRORS; 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 ("Board") based on the testimony and evidence at the public hearing referenced below, including, but not limited to the County 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. NVR, Inc., has filed with the Board a petition for the establishment of a community development district ("District")of less than 2,500 acres in size located within the unincorporated area of the County pursuant to Section 190.005(2), Florida Statutes ("Petition"), which Petition contains the information required by Section 190.005(2)(a) and Section 190.005(1)(a), Florida Statutes, and evidences the consent of 100% of the owners of the subject real property to the establishment of the District. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes,the Board held a public hearing on March 17, 2026, after publishing notice of such hearing in the St. Lucie News Tribune on February 17, 2026, February 24, 2026, March 3, 2026, and March 10, 2026; and: 4. The Board has reviewed the Petition and considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: (a) All statements contained within the petition are true and correct; (b) The creation of this District is consistent with all applicable elements and portions of the state comprehensive plan and the effective County comprehensive plan; (c) The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (d) 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; (e) 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; (f) The area that will be served by the District is amenable to separate special district government; and (g) This Ordinance is not a development order and adoption of this Ordinance does not grant any development rights. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE XXIII OF CHAPTER 14 "COMMUNITY DEVELOPMENT" OF THE ST. LUCIE COUNTY CODE, IS CREATED TO READ: ARTICLE XXIII "SERENOA" COMMUNITY DEVELOPMENT DISTRICT: Section 14-405. Established; Name Based on the above findings and consideration, the Board grants the Petition and establishes the Serenoa Community Development District. Section 14-406. Boundaries The external boundaries of the District are as set forth in the legal description below being located entirely within the unincorporated boundaries of the County. No real property within the external boundaries of the District is to be excluded. Serenoa CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 14-407. Initial Board of Supervisors The Board designates and appoints the following five persons as the initial members of the Board of Supervisors of the Serenoa Community Development District: Amy Dolbow, Elisa Burch, Michael DeBock, Vincent Musso, and John Cherry. Section 14-408. Powers The District shall be governed by Chapter 190, Florida Statutes, and shall have, and the District Board of Supervisors may exercise, all those general powers granted pursuant to Section 190.011. and those special powers granted pursuant to Section 190.012 (1), (3) and (4), together with those powers relating to Recreation and Security contained in Section 190.012 (2)(a) and (d), and may exercise all other special powers to finance,fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities and basic infrastructure within, and outside the boundaries of the District as authorized under Section 190.012, subject to the following limitations. 1. The District shall obtain and secure water, wastewater and reclaimed water service for the lands within the District from the St. Lucie County Water and Sewer District, and will not provide water, wastewater or reclaimed water service to the lands located within or outside the boundaries of the District, but may finance the cost of securing and maintaining such service for the benefit of the lands within the District. 2. The District shall not be authorized to construct fire stations or provide for fire trucks or other vehicles and equipment related thereto. 3. The District shall not be authorized to provide mosquito control services within or without the boundaries of the District. 4. The District shall not be authorized to provide solid waste collection or disposal services within or without the boundaries of the District. 5. Without the County's prior approval, the District shall not condemn property outside the boundaries of the District. Section 14-409. Special Conditions 1. The District will use reasonable efforts to develop in an integrated fashion the traffic circulation and utility facilities on the District property as one functional interrelated community. 2. The 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 the District shall be assessed for or obligated in any way to pay for the infrastructure constructed, maintained, financed or operated by the District described in Section 14-406 above. 4. 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 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 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 SERENOA 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 COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." 6. At the landowner election following the time when fifteen percent (15%) of the planned lots within the District have been platted and sold to end-users, the landowners of the lands within the District shall elect a "Qualified Elector" of the District, as defined in Chapter 190, Florida Statutes,for one seat of the Board of Supervisors , and this requirement shall constitute a covenant running against the lands within the District. 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. ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS. The administrative correction of typographical and/or scrivener's errors in this Ordinance which do not affect the intent may be authorized by the County Attorney or designee, without need of public hearing, by filing a corrected or recodified copy of same with the Clerk of Courts. PART F. 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 G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PART 1. 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 re-lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 17th day of March 2026. ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUCIE UNTY, FLO IDA C4 0 C'OMMI`SSj BY, DEPUTY CLERK ,? �� ,y� ��jCHAIR6 /46r� APPROVED AS TO FORM AND w� c� CORRECTNESS: `Gc�F cou►+r,F`P�` COUNTY ATTORNEY EXHIBIT "A" LEGAL DESCRIPTION SERENOA COMMUNITY DEVELOPMENT DISTRICT LEGAL DESCRIPTION: PARCEL 1: A PARCEL OF LAND LYING IN THE NE 1 /4 OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA: MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NE 1/4 OF SECTION 4, TWP 35 S, RANGE 39 E, ST. LUCIE COUNTY, FLORIDA; THENCE S01°01'58" EAST ALONG THE WEST LINE OF THE SAID NE 1 /4, 250.06 FEET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF A COUNTY ROAD, DESIGNATED AS ANGLE WEST ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE S01°01'58" E ALONG THE WEST LINE OF SAID NE 1 /4 593.61 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NE'LY RIGHT-OF-WAY LINE OF THE FLORIDA SUNSHINE STATE PARKWAY; THENCE SOUTH 42°46'35" E.ALONG THE SAID NE'LY RIGHT-OF-WAY LINE, 2695.19 FEET MORE OR LESS TO ITS INTERSECTION WITH THE N'LY RIGHT-OF-WAY LINE OFTHE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL NO. 43; THENCE S89°57'13"E ALONG THE SAID N'LY RIGHT-OF-WAY LINE, 166.35 FEETTO A POINTTHAT LIES 726.38 FEET WESTERLY OF, AS MEASURED AT A RIGHT ANGLE TO,THE EAST LINE OFTHE SAID NE 1/4 OF SECTION 4; THENCE NO2'02'43"W ALONG A LINE THAT LIES PARALLEL TO AND 726.38 FEET WESTERLY OF, AS MEASURED AT A RIGHT ANGLE TO,THE SAID EAST LINE OF THE NE 1/4 OF SECTION 4, 2565.09 FEET MORE OR LESS TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF SAID ANGLE WEST ROAD; THENCE N89°44'46"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, 1915.93 FEET MORE OR LESS TO A POINT OF BEGINNING PARCEL 2: THE EAST 726.38 FEET OF THE NORTHEAST 1/4,LYING SOUTH OF ANGLE ROAD WEST RIGHT-OF-WAY AND NORTH OF CANAL 43 RIGHT-OF-WAY, LESS THE EAST 40 FEET, SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST LUCIE COUNTY, FLORIDA CONTAINING 4959346 SQUARE FEET OR 113.851 ACRES MORE OF LESS. RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 March 23, 2026 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle 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. 26-002, which was filed in this office on March 23, 2026. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp