CITY OF ORLANDO
COUNCIL AGENDA ITEM


Items Types:
Hearings/Ordinances/2nd Read
For Meeting of:
April 10, 2017
District: 1 From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No

Subject:
Ordinance No. 2017-20 creating the Dowden West Community Development District.

Summary:

Proposed ordinance #2017-20 would establish the Dowden West Community Development District (the “district”) within the City of Orlando. The proposed district is comprised of 736.279 acres of land, generally located at the southeast corner of the intersection of the Central Florida Greeneway (State Road 417) and the Beachline Expressway (State Road 528). The district land, along with other adjacent land was recently annexed into the City of Orlando and was known as the Starwood Property.

Community development districts (“CDDs”) are independent special districts established pursuant to Chapter 190, Florida Statutes (known as the “Uniform Community Development District Act of 1980”). They are special-purpose local governments that are established to finance, plan, design, build, and maintain certain community development infrastructure such as stormwater management systems, roads, alleys, sidewalks, and other roadway infrastructure, parks, utilities, landscaping, and other public infrastructure authorized by state law. To fund such improvements, districts generally levy special assessments against benefited lands within the district. Districts of greater than 1,000 acres are generally established by the State of Florida, while districts of less than 1,000 acres are generally established by the city or county having jurisdiction over the land. CDDs may be established only where 100% of the owners of land within the proposed district have consented to the establishment of the district.

The creation of the Dowden West Community Development District is requested by Beachline South Residential, LCC (the “Petitioner”), which owns all of the land within the proposed district. Petitioner filed its Petition to Establish the Storey Park Community Development District (the “Petition”) with the City on February 15, 2017.

Petitioner estimates that the proposed district will undertake approximately $65 million in infrastructure work, including roadway improvements, a master stormwater management system, a potable water distribution system, a reclaimed water distribution system, landscaping, signage, parks, and other improvements.

In determining whether to grant the Petition, section 190.005, Florida Statutes, provides that the local government shall consider the following factors:

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.

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.

City staff has carefully reviewed the Petition, along with the written testimony of proposed District Manager George Flint, engineer Rey Malave, Petitioner’s representative Keith Trace, and underwriter Brett Sealy, and recommends that Council finds, based on the record evidence, that the Petition meets the statutory standards of review. The Petition and the written testimony provided by the Petitioner are attached to this Council Agenda Item as part of the record.


Fiscal & Efficiency Data: No fiscal impact.

Recommended Action:
Adoption of the proposed ordinance.


Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Kyle Shephard
Approved By:

Department Date and Time
Budget Outside Routing Approval 4/3/2017 12:39 PM
City Clerk 4/3/2017 12:46 PM

ATTACHMENTS:
Name: Description: Type:
Ordinance_-_City_of_Orlando_Dowden_West_CDD_2017-20.doc Proposed ordinance #2017-20 Ordinance
Prop_Ord_2017-20_Exhibit_A.pdf Exhibit A to Prop. Ord. #2017-20 Exhibit
Testimony_for_Dowden_West_Development_District.pdf Testimony for Dowden West Development Backup Material

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