Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 27, 2015
January 27, 2015 - Regular Meeting
Agenda Item #31

Aqua One Community Development District (CDD-14-03/ORD-15-06)


Contact and/or Presenter Information
Fred Goodrich, Development Review Specialist, ext. 6866

Action Requested
ADOPT Ordinance No. 15-06 to establish Aqua One Community Development District.

Enabling/Regulating Authority
Chapter 190, Florida Statutes.

Background Discussion
  • A petition submitted by the Petitioner (Cargor Partners VIII - Long Bar Pointe LLLP) is requesting the Board of County Commissioners to adopt an ordinance to establish a Community Development District.
  • The District requests granting the Petition with all general powers set forth in Section 190.011, Florida Statutes, and all of the special powers set forth in Section 190.012(1), Florida Statutes.
  • The land to be served by the District comprises approximately 61.53 acres and is located in the southwest area of the County adjacent to Sarasota Bay.
  • The proposed project is in conformity with the provisions of the future land use plan element of the Manatee County Comprehensive Plan.
  • The property is presently zoned PDR with the petitioner anticipating to develop 200 single-family lots and associated recreational facilities.
  • Certification from the District Counsel represents that the facts contained in the petition are accurate.
  • Staff has evaluated the petition and recommends approval of establishing the Community Development District.
  • The property owners request the establishment of a Community Development District.  A Community Development District serves a governmental and public purpose by financing, providing, and managing certain basic infrastructure systems, facilities, and services.  Only the property owners within the District are assessed through the District for these improvements.
  • Establishing the District does not grant or create any development rights in favor of the petitioner or property owner; does not grant, create, alter, terminate, affect, or acknowledge any vested development rights in the property; and does not approve, authorize, permit, or allow any building, construction, or development of the property in the district.  The process specified under the state statute for establishing a Community Development District addresses only factors material to managing and financing the facilities and service delivery functions of the District.  The statute treats matters concerning permitting or planning of the development as not material and not relevant to the process.  Regardless of the powers and duties of the District, all land development projects within the District must still abide by the County's local government comprehensive plan and local land development regulations.
  • The petitioner seeks establishment of the District prior to all development approvals.  State statute does not require any prior development approval.
  • According to Florida law (Sections 190.005(2)(b), 190.005(2)(c), and 190.005(1)(e), Florida Statutes) the Manatee County Board of Commissioners shall conduct a public hearing to consider certain review factors in relation to the petition for establishing the Community Development District.  The following items recite the review factors and provide an analysis in response to each factor as the consideration.
    • Whether all statements contained within the petition have been found to be true and correct."  Analysis:
      • 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 calculated using the metes and bounds description.  The sketch and description appear on a drawing bearing the name and registration number of a Florida licensed professional surveyor and mapper.  The survey's certification indicates that the boundary is true and correct.
      • The petition's consent of property owners shows for each owner a notarized signature for the owner's authorized signatory.  Such notary acknowledgment indicates that the person named as owner actually signed the consent and indicates that the signature is true and correct.
      • The Authorized Agent signed and submitted the petition as an indication that the petition is true and correct.  The land owners appointed the petitioner to execute the petition.  The petition includes a statement that the petitioner affirms the petition as 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.
    • "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."  Analysis:
      • 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 districts such as this CDD.
      • The Future Land Use categories covering the site would allow at least the proposed development if approved under other applicable policies of the Manatee County Comprehensive Plan.
    • "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."  Analysis:
      • The site has land with a size sufficient for urban development.  The boundary defines a compact area.  All areas have enough contiguity for a community.
    • "Whether the district is the best alternatives available for delivering community development services and facilities to the area that will be served by the district."  Analysis:
      • The taxing district method for financing and special district management provides the best alternative for delivering community services.
    • "Whether the community development services and facilities for the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities."  Analysis:
      • District services and facilities will have compatibility with capacities and uses of existing local and regional services and facilities because Manatee County requires it as part of development approval.  The county's review of land development applications for land in the district will determine such compatibility.  Findings of compatibility must precede the issuance of development orders.  Construction inspections will verify compatibility.
    • "Whether the area that will be served by the district is amenable to separate special-district government."  Analysis:
      • The area of the district and the proposed services 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 (MSS).

Reviewing Attorney

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:  Staff Report Aqua One CDD.pdf
Attachment:  Location Map Aqua One.pdf
Attachment:  Aqua One CDD Petition.pdf
Attachment:  Ordinance Aqua One CDD.pdf
Attachment:  Public Notice Aqua One CDD.pdf