Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-18, Public Hearing, Petition to Contract the External Boundaries of Tradition Community Development District No. 8
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Submitted By: Elizabeth L. Hertz, Senior Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Petition to Contract the External Boundaries of Tradition Community Development District No. 8 (“District #8).
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council approve the Ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance.
2. Move that the Council not approve the Ordinance.
Background: A Community Development District (“CDD”) is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, operate and maintain community-wide infrastructure in large, planned community developments. CDDs provide a “solution to the state’s planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers.” See section 190.002(1)(a), Florida Statutes.
A CDD is not a substitute for the local, general-purpose government in which it lies. A CDD does not have the permitting, zoning or police powers possessed by general purpose governments (e.g. City of Port St. Lucie). A CDD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments. A landowner or an existing CDD’s board may petition to contract or expand the boundaries of a CDD.
Mattamy Palm Beach LLC (“Petitioner”) has submitted a petition to the City of Port St. Lucie requesting the adoption of an ordinance contracting the boundaries of District #8, resulting in an established acreage of 525.7 acres. The Petition seeks to contract the external boundaries of the initial District #8 in accordance with section 190.046(1), Florida Statutes and to establish the Tradition Community Development District No. 11 (“District #11) in accordance with Section 190.005 of the Act.
Boundary Changes
Description of Proposed Contraction and New District
The changes proposed in the Petition may be summarized as follows -
a. District #8 will contract by removal of acreage to be included in proposed District #11.
b. District #11 will be established to include (i) acreage removed from District #8 (described above).
After the requested contraction of the external boundaries of the District #8 and the establishment of the District #11, the total land area to be served by and within the external boundaries will remain approximately 546.7 acres, will continue to be located wholly within the jurisdictional boundaries of the City. The proposed external boundaries of the Districts following the changes as requested in the Consolidated Petition are depicted on the map attached as Exhibit A-2 to the Petition.
Issues/Analysis:
Statutory Analysis
Before a contraction petition can be considered for review, a determination must be made as to whether the requirements of sections 190.046 and 190.005, Florida Statutes, have been satisfied. The Legal Department reviewed the Petition and found it to be in compliance with the statutory requirements, thus the petition can be considered for approval or denial by City Council.
In making a determination of whether to grant or deny a petition for the contraction District #8, City Council is to consider the six (6) factors established in section 190.005(1)(e), Florida Statutes. The City of Port St. Lucie’s Planning and Zoning, Finance, Public Works, Utility Systems, and Legal Departments applied the six (6) statutory criteria to the information provided in the petition, which were:
1. Whether all statements contained within the petition have been found to be true and correct.
Staff has reviewed the Petition and finds that all statements within the Petition to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.
Staff has found the contraction of the existing District #8 to be consistent with the City’s Comprehensive Plan.
3. Whether 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.
Staff has found that the area of land within the contracted District #8 to be sufficiently sized, sufficiently compact, and sufficiently contiguous to be developed as one functional community.
4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.
The Petitioner has provided an analysis of alternatives that demonstrates that the proposed contacted District #8 is favorable to other alternatives. The Utility Systems Department and Public Works Department agree that the establishment of a CDD to manage and maintain infrastructure within this development is consistent with other private subdivisions within the City.
5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.
The community development services to be provided by the proposed contracted District #8 are compatible with the capacity and uses of existing local and regional community development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-district government.
The area to be served by the propose contracted District #8 is amenable to special -district government based on consideration of the above criteria. The Petitioner has obtained written consent to contract the District from owners of one hundred percent (100%) of the real property located within the boundaries of current District #8, in accordance with Section 190.005, Florida Statutes. Documentation of the consent is contained in Composite Exhibit “C” to the Petition.
Special Consideration: N/A
Location of Project: Tradition
Attachments:
1. Ordinance
2. Petition
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9212
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.