Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-98, Public Hearing, Petition to Establish the Southern Grove Community Development District No. 9
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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 Establish the Southern Grove Community Development District No. 9.
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. 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 #9 has submitted a petition to the City of Port St. Lucie requesting the adoption of an ordinance establishing the boundaries of District #9, resulting in an established acreage of 269.50 acres.
The Petition submitted is a consolidated Petition (“Consolidated Petition”) in which Southern Grove Community Development District No. 1 (“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:
Statutory Analysis
Before the Petition can be considered for review, a determination must be made as to whether the requirements of section 190.005, Florida Statutes, have been satisfied. The City of Port St. Lucie’s Planning and Zoning, Finance, Public Works, Utility Systems, and Legal Department 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.
Planning and Zoning Staff has found the establishment of the proposed District to be consistent with the City of Port St. Lucie’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.
Planning and Zoning Staff has found that the area of land within the proposed 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 proposed District 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 Utility Systems Department and Public Works Department believe that the community development services to be provided by the proposed District 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 proposed District is amenable to special -district government based on consideration of the above criteria. The Petitioner has obtained written consent to establish the District from owners of one hundred percent (100%) of the real property located within the boundaries of the proposed District, in accordance with Section 190.005, Florida Statutes. Documentation of the consent is contained in Composite Exhibit “C” to the Petition.
In making its determination of whether to grant or deny the Petition establishing the District, City Council should consider the same six (6) factors set forth above.
Special Powers
The petitioner is seeking for the District to be able to exercise the special powers set forth in sections 190.012(2)(a), (b), (c) Florida Statutes, which includes the power to to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (1) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; (2) fire prevention and control, including water mains and plugs, fire stations, fire trucks, and other vehicles and equipment; (3) school buildings and related structures, which may be leased, sold, or donated to the school district, for use in its educational system, when authorized by the district school board; and (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; provided, however, that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of service within the District boundaries. Said powers shall be discharged in accordance with Chapter 190, Florida Statutes. Staff has included language in the proposed establishment Ordinance indicating that the District’s exercise of special powers pursuant to section 190.012(2)(d), Florida Statutes, may not impede the public’s access to public roadways and that the District shall not impose special assessments of any kind for whatsoever on real property to be dedicated or owned by the City. Additionally, the District shall not operate or maintain any water and sewer facilities within its boundaries and all of such facilities shall be dedicated to and/or owned by the City.
Taxing Authority
Pursuant to section 190.021(1), Florida Statutes, “[a]n ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills, except that a district authorized by a local general-purpose government to exercise one or more powers specified in s. 190.012(2) may levy an additional 2 mills for operating purposes, exclusive of debt service on bonds.” Ultimately, by authorizing the exercise of the above powers, the proposed District will be able to levy an additional 2 mills for the sole purpose of operations.
The City and CDDs
The City has granted such Petitions in the past but has required that following construction, potable water and wastewater facilities be dedicated to the City of Port St. Lucie, and that authorization to operate potable water and wastewater facilities requires an interlocal agreement between the District and the City.
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
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.