Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 26-43, Public Hearing, an Ordinance of the City Council of the City of Port St. Lucie, Florida, Amending Ordinance Nos. 05-22, 06-12 And 21-50, to Contract the Boundaries of the Verano #5 Community Development District Pursuant to Chapter 190, Florida Statutes; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date.
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Submitted By: Elizabeth 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): The Verano #5 Community Development District (District #5) has requested that the City contract District #5.
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council approve the contraction request.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the contraction request.
2. Move that the Council not approve the contraction request.
Background: A Community Development District (“CDD”) is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, 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), 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. The exclusive and uniform method for the contraction of a CDD less than 1,000 acres in size shall be pursuant to an amending ordinance adopted by the local government in whose jurisdiction the CDD is located.
The Board of Supervisors of District #5 has submitted a petition to the City of Port St. Lucie requesting the adoption of an amending ordinance contracting the boundaries of District #5 (the “Petition”) from 486.228 acres to 367.335 acres, resulting in a total decrease of approximately 118.893 acres. A general location map showing the parcels to be removed and remaining parcels is attached to the Petition to Amend District #5 as Exhibit “A”.
Issues/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 of a CDD, 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, City Suveyor, 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 contraction petition and finds 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 #5 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 the area of land within the contracted District #5 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 contracted District #5 is favorable to other alternatives.
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 contracted District #5 are not incompatible with the capacity and uses of existing local and regional community services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-district government. The area that will be served by the contracted District #5 is amenable to special district government based on consideration of the above criteria.
Financial Information: The District’s estimated project costs of constructed services based on available data in the Petition have not changed in any significant manner due to the contraction.
Special Consideration: N/A
Location of Project: Verano #5 Community Development District
Business Impact Statement: N/A
Attachments:
1. Ordinance.
Exhibit “A” to Ordinance
2. Petition to Amend the Boundaries of Verano #5 Community Development District
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: 25303-04
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.