CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICTS BOARD OF COUNTY COMMISSIONERS DECEMBER 11, 2012 CELEBRATION POINTE DEVELOPMENT • Transit Oriented Development • Preliminary Plan approved in 2010 • 225.59 acres • Final for some initial infrastructure under review by staff for DRC consideration. CELEBRATION POINTE DEVELOPMENT • 2,225 residential units: • Apartments, Townhomes, Condos • Flats, Studios, Live Work, City Homes • Assisted Living Facility • Hotels • 896,000 non-residential square footage: • Retail & Personal Services • General Office, Medical & Dental • Research & Development, Green Technology • Civic, Recreation, Entertainment COMMUNITY DEVELOPMENT DISTRICTS • Uniform Community Development District Act of 1980 established authority for CDDs in Florida. • local, special purpose government unit authorized by Chapter 190 of the Florida Statutes • alternative means of financing, constructing, operating and maintaining community-wide infrastructure and services for large developments POWERS OF THE CDD • Obtain funds by borrowing, issuing bonds and imposing assessments and levying taxes on properties within the district. • Pay for the construction, operation and maintenance of the infrastructure. • The Board sets the taxes and assessments which are included in the property tax statement issued by the local jurisdiction. CDD BOARD • 5 Board members appointed initially -Board of Supervisors. • District manager hired - responsible for daily operations of the CDD. • After 6 years of operation, the property owners elect 5 individuals that live within the CDD boundaries to the Board. • CDD Board is subject to state ethics, financial disclosure and Florida Sunshine Law. CELEBRATION POINTE CDDS 1 & 2 • Requests to establish two CDDs of less than 1,000 acres in size each for the Celebration Pointe Transit Oriented Development. • CDDs under 1,000 acres subject to County Commission approval CDD NO. 1 – MIXED USE, CONSERVATION • • • • • • Category Stormwater Management, Grading Water, Sewer, & Other Utilities Public Roadways Southwest District Transportation Improvement Agreement (SWTIA) Projects and Transit (attached) Other Infrastructure (Parks, Landscaping, Hardscaping, Surface Parking & Structured Parking) • Total Cost $3,500,000 $2,800,000 $5,600,000 $16,800,000 $20,300,000 $49,000,000 CDD NO. 2 - RESIDENTIAL Category Stormwater Management, Grading Water, Sewer & other Utilities Public Roadways Southwest District Transportation Improvement Agreement (SWTIA) Projects and Transit (attached) • Other Infrastructure (Parks, Landscaping, Hardscaping, Surface & Structured Parking) • • • • • Total Cost $1,500,000 $1,200,000 $2,400,000 $7,200,000 $8,700,000 $21,000,000 STATUTE REQUIREMENTS • Chapter 190, F.S. - six (6) factors to consider: 1. Whether all statements contained within the petition have been found 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. 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. STATUTE REQUIREMENTS 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. 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. 6. Whether the area that will be served by the district is amenable to separate special-district government. SECTION 190.011 GENERAL POWERS • To sue and be sued in the name of the district; • To acquire and to dispose of real and personal property, public easements, dedications to public use, platted reservations for public purposes . • To make and execute contracts and other instruments necessary or convenient to the exercise of its powers. • To apply for coverage of its employees under the state retirement system • To contract for the services of consultants to perform planning, engineering, legal, etc. - subject to public bidding SECTION 190.011 GENERAL POWERS • To borrow money, issue bonds, accept gifts; to obtain grants or loans • To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; etc. • To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes. SECTION 190.011 GENERAL POWERS • To levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges. • Right and power to use eminent domain • To contract with other government agencies • To assess and impose upon lands in the district ad valorem taxes as provided by this act. • To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and chapter 170. SECTION 190.012(2), FLORIDA STATUTES OPTIONAL POWERS (a) Parks and recreational facilities (b) Fire prevention and control (c) School buildings and related facilities (d) Security but not police power (e) Mosquito abatement (f) Waste collection and disposal SECTION190.012(3), FLORIDA STATUTES • Power for the CDDs to be able to adopt and enforce appropriate rules following the procedures of Chapter 120, in connection with the provision of one or more of the services by the districts • This power is bestowed upon establishment of the CDD, no separate consent needed by BoCC SECTION190.012(4), FLORIDA STATUTES • Adopt rules necessary for the districts to enforce deed restrictions pertaining to the use and operation of real property within the districts, pursuant to pursuant to s. 190.012(4), F.S. • Bestowed with establishment of CDD • These proposed CDDs do not meet parameters • Must have been established prior to this section of Statute being adopted and be part of multiple DRIs RECOMMENDATION • Staff recommends that the County Commission adopt the ordinances establishing the Celebration Pointe Community Development District No. 1 and the Celebration Pointe Community Development District No. 2. Staff does not recommend including the additional optional special powers in this approval.