|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 13, 2016|
Agenda Item #35
Community Development District Establishment - Aqua By The Bay
Contact and/or Presenter Information
Fred Goodrich, Planner, ext. 6866
ADOPT Ordinance No. 16-43 to establish Aqua By The Bay Community Development District.
Chapter 190, Florida Statutes.
1. “Whether all statements contained within the petition have been found to be true and correct.”
The petition includes a legal description of the boundary of the proposed district. The boundary description follows courses and distances that return to their points of beginning, i.e., they close during calculations. The expressed size of the district appears the same as the size calculated using the metes and bounds description. The sketch and description bear the signature and seal of a Florida licensed professional surveyor and mapper. The seal and signature of the surveyor prove the description true and correct.
Information from the Manatee County Property Appraiser confirms the ownership of the land described in the petition. The petition’s consent of property owner shows a signature for the manager of the company owning the land. The official signatures and notary acknowledgments prove the consent true and correct.
A Florida licensed attorney signed and submitted the petition. The petition includes statements signed by the petitioner and the attorney certifying that the petition is true and correct.
The petition’s description of the uses of land proposed for the area in the Manatee County Comprehensive Plan future land use plan element appears true and correct.
The CDD infrastructure, while publicly owned, would receive no public funding from Manatee County, which would be consistent with County Comprehensive Plan Objective 4.3.2.
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.”
The establishment of the district is not inconsistent with any applicable element or portion of the state comprehensive plan.
The state comprehensive plan provides a policy in Section 187.201(20)(b)2, Florida Statutes, regarding governmental efficiency that allows the creation of districts such as this CDD.
The density of the RES-9 Future Land Use category covering the site would allow at least the proposed development if approved under other applicable policies of the Manatee County Comprehensive Plan. Policies to protect wetlands apply in any development approval.
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.”
The site has undeveloped land. Some of the land appears suitable for urban development.
The boundary defines a very compact area. The district has contiguity throughout and does not create enclaves or separate parcels.
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 proposed method of financing and management appears suitable for delivering community services.
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 proposed district abuts El Conquistador Parkway, an arterial road that will serve the area for traffic facilities. Reviews of land development applications will determine compatibility of the district infrastructure with community facilities. Manatee County’s approval of land development for all land in the district will carry assurances and requirements for adequate community facilities concurrent with the impacts of development.
6. “Whether the area that will be served by the district is amenable to separate special-district government.”
The area of the district and the number of residents and owners will provide conditions adequate for special-district government.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
Comments from County Attorney incorporated in Agenda Memorandum and Staff Report (WC).
Instructions to Board Records
Please send executed copy of document to Bobbi Roy, Building & Development Services.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: Aqua By The Bay CDD StaffReport.pdf
Attachment: Location Map-Aqua By The Bay CDD.pdf
Attachment: Aqua By The Bay CDD Ordinance.pdf
Attachment: Copy of Newspaper Ad - Aqua by the Bay CDD - August 18, 2016 Ad.pdf
Attachment: Ord 16-43 - Notice of Public Hearing.pdf