CITY OF ORLANDO
COUNCIL AGENDA ITEM


Items Types:
Ordinances/1st Read
For Meeting of:
June 25, 2018
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. 2018-38 Creating the Poitras East Community Development District

Summary:

Proposed ordinance #2018-38 would establish the Poitras East Community Development District (the "district") within the City of Orlando. The proposed district is comprised of approximately 1,060.689 acres of land, generally located west of Narcoossee Rd., north and east of Boggy Creek Rd., and south of the Central Florida Greeneway and of the Lake Nona planned development.

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 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. 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 Poitras East CDD is requested by TDCP, LLC (the "Petitioner"), which owns all of the land within the proposed district. Petitioner is a corporate relative to Tavistock Development. Petitioner filed its Petition to Establish Poitras East Community Development District with the City on March 13, 2018.

Petitioner estimates that the proposed district will undertake approximately $49 million in infrastructure work, including roads, streets, and associated stormwater management systems, bridges, traffic signals, utilities, and landscaping.

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 in 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 the 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 pre-filed written testimony from representatives of the property owner, and recommends that Council finds, based on the record evidence, that the Petition meets the statutory standards of review. 

 


Fiscal & Efficiency Data: No fiscal impact.

Recommended Action:
Approval on 1st reading.


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 6/13/2018 9:31 PM
City Clerk 6/14/2018 8:16 AM

ATTACHMENTS:
Name: Description: Type:
Poitras_East_CDD_ordinance.pdf Proposed ordinance No. 2018-38 Ordinance
DOCS-#533531-v1-Petition_to_Establish_Poitras_East_CDD.PDF Exhibit A to Prop. Ord. No. 2018-38 Exhibit
Poitras_Consent_and_Joinder_of_Landowner-executed.pdf Consent and Joinder to Petition Exhibit
DOCS-#541884-v1-Affidavit_Adopting_Pre-Filed_Testimony_(Heather_Isaacs)_-_Poitras_East.PDF Isaacs Affidavit Backup Material
DOCS-#541884-v1-Affidavit_Adopting_Pre-Filed_Testimony_(Heather_Isaacs)_-_Poitras_East.PDF Isaacs Testimony Backup Material
DOCS-#541862-v1-Affidavit_Adopting_Pre-Filed_Testimony_(Kevin_Plenzler)_-_Poitras_East.PDF Plenzler Affidavit Backup Material
DOCS-#541918-v1-Pre-Filed_Testimony_of_District_Manager-Financial_Advisor_(Fishkind)_-_Poitras_East.PDF Plenzler Testimony Backup Material
DOCS-#541914-v1-Affidavit_Adopting_Pre-Filed_Testimony_(Jeff_Newton)_-_Poitras_East.PDF Newton Affidavit Backup Material
DOCS-#541916-v1-Pre-Filed_Testimony_of_Engineer-Planner_(Jeff_Newton)_-_Poitras_East.PDF Newton Testimony Backup Material

"Enhance the quality of life in the City by delivering public services in a knowledgeable, responsive and financially responsible manner."