Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-47, Public Hearing, Expanding and Contracting the Boundaries of Verano #2 Community Development District
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Submitted By: Elizabeth L. Hertz, 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 #2 Community Development District (District #2) has requested that the City approve a boundary change to District #2. The petition seeks to expand and contract District #2.
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council approve the expansion and contraction request.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the request.
2. Move that the Council not approve the 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)(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 maintain 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 expansion 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 #2 has submitted a petition to the City of Port St. Lucie requesting the adoption of an amending ordinance expanding and contracting the boundaries of District #2 (the “Petition”) resulting in a total increase of approximately 41.55 acres. The Petition submitted is a consolidated request by four of the six existing Verano Districts. Through the consolidated Petition District #2, Verano #3 Community Development District (“District #3”), Verano #4 Community Development District (“District #4”), Verano #5 Community Development District (“District #5”), (collectively the “Petitioning Districts”) petitioned to expand and contract the external boundaries of the Petitioning Districts in accordance with section 190.046(1), all in the manner described below. The Verano #1 Community Development District (“District #1”) and Verano Center District Community Development District (“Verano Center District”) are not changing their boundaries. The requested expansions and contractions the Verano Districts would be comprised as follows: Verano Center District-97.55 acres (unchanged), District #1-393.17 acres (unchanged), District #2-926.106 acres, District #3-320.238 acres, District #4-792.345 acres, and District #5-486.228 acres.
Boundary Changes
Description of Proposed Expansions and Contractions.
The boundary changes to the Petitioning Districts as proposed in the consolidated Petition may be summarized as follows:
(a) District #2 (i) will contract by (A) the removal of acreage to be included in Verano #3 (current Verano #2 lands lying south and west of Loop Road) and (B) the removal of acreage to be included in Verano #4 (current Verano #2 lands lying west of Verano PUD D (South)), and (ii) will expand by the addition of acreage to be removed from Verano #4 (current Verano #4 lands lying within PUD D (South) and PUD D (North)).
(b) District #3 (i) will contract by the removal of acreage to be included in Verano #4 (current Verano #3 lands lying west of Loop Road), and (ii) will expand by
(A) the addition of acreage to be removed from Verano #2 (current Verano #2 lands lying south and west of Loop Road, as described above) and (B) the addition of acreage to be removed from Verano #4 (current Verano #4 lands lying south of Loop Road).
(c) District #4 (i) will contract by (A) the removal of acreage to be included in Verano #2 (current Verano #4 lands lying within PUD D (South) and PUD D (North), as described above) and (B) the removal of acreage to be included in Verano #3 (current Verano #4 lands lying south of Loop Road), and (ii) will expand by (A) the addition of acreage to be removed from Verano #2 (current Verano #2 lands lying west of Verano PUD D (South), as described above), (B) the addition of acreage to be removed from Verano #3 (current Verano #4 lands lying south of Loop Road, as described above), and
(C) the addition of acreage to be removed from Verano #5 (current Verano #5 lands lying east of North/South A Road).
(d) District #5 will contract by the removal of acreage to be included in Verano #4 (current Verano #5 lands lying east of North/South A Road, as described above.
Proposed External Boundaries of All Verano Districts. After the requested expansions and contractions of the external boundaries of the Petitioning Districts, the total land area within the external boundaries of all of the Verano Districts will remain unchanged at approximately 3,015.637 acres, and all lands in all of the Verano Districts will continue to be located wholly within the jurisdictional boundaries of the City.
Issues/Analysis: Before an expansion 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 expansion 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, 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 expansion 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 expansion of the existing District 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 expanded District 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 expanded District 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 expanded District 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 expanded District is amenable to special district government based on consideration of the above criteria.
Financial Information: The District’s estimated project costs of constructing the services, based on available data in the Petition have not changed in any significant manner due to the expansion.
Special Consideration: N/A
Location of Project: Verano #2 Community Development District
Attachments:
1. Ordinance
a. Exhibit “A” to the Ordinance.
2. Consolidated Petition to Expand and Contract
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: 6296
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.