Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-92, Public Hearing, Petition to Expand and Contract the Boundaries of Southern Grove Community Development District No. 3
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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): The Southern Grove Community Development District No. 3 (“District #3) has requested that the City approve a boundary change to District #3. The petitions seeks to expand contract District #3.
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 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, 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.
The exclusive and uniform method for expansion of a CDD of 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 #3 has submitted a petition to the City of Port St. Lucie requesting the adoption of an amending ordinance contracting and expanding the boundaries of District #3, resulting in a total reduction from the current acreage of 848.053 acres to a reduced acreage 549.24 acres.
The Petition submitted is a consolidated Petition (“Consolidated Petition”) in which District #1, Southern Grove Community Development District No. 2 (“District #2), Southern Grove Community Development District No. 3 (“District #3), Southern Grove Community Development District No. 3 (“District #4), Southern Grove Community Development District No. (“5”), and Southern Grove Community Development District No. 6 (District #6), (collectively “Initial Districts”) seek to expand and contract the external boundaries of most of the Initial Districts in accordance with section 190.046(1), Florida Statutes and to establish the Southern Grove Community Development District No. 7 (“District #7), Southern Grove Community Development District No. 8 (“District # 8), Southern grove Community Development District No. 9 (“District # 9”), and Southern Grove Community Development District No. 10 (“District # 10”), (collectively, “New Districts”) in accordance with Section 190.005 of the Act.
Boundary Changes
Description of Proposed Expansions and Contracts and New Districts
The changes proposed in the Consolidated Petition may be summarized as follows -
a. District #1 will contract by removal of acreage to be included in proposed District # 10 (lands east of Village Parkway).
b. District #2 will not change.
c. District #3 will contract by the removal of acreage to be included in proposed District # 8 (lands east of Village Parkway) and will expand by the addition of acreage to be removed from District #4 (commercial lands lying north of Paar Drive and west of Village Parkway).
d. District #4 will contract by removal of (i) acreage to be included in District #3 (as described above), (ii) acreage to be included in proposed District #7 (lands lying east of Village Parkway and north of the realigned Paar Drive), and (iii) acreage to be included in proposed District #8 (lands lying east of Village Parkway, south of the realigned Paar Drive, and north of the former Paar Drive alignment).
e. District #5 will contract by the removal of acreage to be included in proposed District #10 (acreage along the current southern boundary of District No. 5).
f. District #6 will contract by the removal of (i) acreage to be included in proposed District #7 (lands east of Village Parkway, south of the realigned Marshall Parkway, formerly known as Open View Road, and north of the former Marshall Parkway realignment), (ii) acreage to be included in proposed District #9 (lands west of Village Parkway, excluding the development known as “Heron Preserve”), and (iii) acreage to be included in proposed District #10 (lands lying east of Village Parkway).
g. Proposed District #7 will be established to include (i) acreage removed from District # 4 and (ii) acreage removed from District # 6 (both as described above).
h. Proposed District #8 will be established to include (i) acreage removed from District #3 and (ii) acreage removed from District #4 (both as described above).
i. Proposed District #9 will be established to include acreage removed from District #6 (described above). j. Proposed District #10 will be established to include (i) acreage removed from District #1, (ii) acreage removed from District #5, and (iii) acreage removed from District #6 (all described above).
After the requested expansions and contractions of the external boundaries of the Initial Districts and the establishment of the New Districts, the total land area to be served by and within the external boundaries of (all of) the Districts will remain approximately 3,605 acres, and all lands in (all of) the Districts will continue to be located wholly within the jurisdictional boundaries of the City. The proposed external boundaries of (all of) the Districts following the changes as requested in the Consolidated Petition are depicted on the map attached as Exhibit A-2 to the Consolidated Petition.
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 contraction District #1, 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: Southern Grove Development of Regional Impact
Attachments:
1. Ordinance
a. Exhibit “A” to Ordinance
2. Consolidated 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: 8390
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.