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.
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