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Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - October 8, 2019
October 8, 2019 - Regular Meeting
Agenda Item #55


Subject
Ordinance 19-33 Establishing the Parrish Plantation Community Development District (CDD-19-02/ORD-19-33)

Briefings
None

Contact and/or Presenter Information
Kimberly Middleton, Planner II, ext. 6837

Action Requested
ADOPT Ordinance No. 19-33 to establish Parrish Plantation Community Development District.

Enabling/Regulating Authority
Section 190.046(9) of the Florida Statutes

Background Discussion
  • A petition submitted by the Petitioners (Belleair Group Parrish Plantation, LLC) 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 certain special powers set forth in Section 190.012(2), Florida Statutes.
  • The land to be served by the District includes approximately 205 acres generally located between US Highway 301 and Spencer Parrish Road and north of CR 675/Rutland Road, Manatee County.
  • 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 A (General Agriculture), cultivated farmland and trees cover most of the land in the proposed district. but is within a portion of an area that was approved for residential development (488 single family units -266 single-family detached and 222 single-family attached) in 2007.
  • 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.”
      • 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, will receive no public funding from Manatee County which will be consistent with County Comprehensive Plan Objective 4.3.2.
    • “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 UF-3 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.
    • “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 is comprised of vacant land.  The land appears suitable for urban development.
      • The district has contiguity throughout and does contain five separate parcels.
    • “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 once developers meet stipulations placed within ordinance PDMU-07-07(P)(R) – Parrish Plantation upon final site plan/construction plan approval.
    • “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 is east of U.S. 301, south of SR 62, and west of Spencer Parrish Road. It is in an area served by Manatee County EMS, fire, and law enforcement. Per infrastructure condition (B).C within ordinance PDMU-07-07(P)(R) – Parrish Plantation, the Developer shall be responsible for all costs to extend to the Property water, sewer and reclaimed water lines, and other associated facilities including permitting, engineering, design, construction and installation and any  easement or right of way, if needed,  to ensure that the public facilities needed to support this development are available concurrent with the impacts of such development.  Reviews of land development applications will determine compatibility of the district infrastructure with community facilities.  
      • The provisions of the Manatee County Comprehensive Plan and Land Development Code require that adequate capacity exists with respect to sewer line collection capacity, sewer plant treatment capacity, potable water distribution line capacity, and potable water treatment plant capacity to obtain concurrency approvals for wastewater and potable water. By the adoption of ordinance PDMU-07-07(P)(R), the County has not assumed the obligation, either expressly or by implication, to bear any of the expenses to provide water, sewer, or reclaimed water to the Property.  Any   new  water or wastewater  facilities shall be located and constructed  in accordance  with the  most recent version  of the applicable Master Plan in effect at the time of such design.  However, this shall not require the developer  to size any water, wastewater , or reclaimed mains greater  than necessary to serve the development unless requested  to do so by Manatee County,  in  which  event  any cost associated  with  such oversize shall require participation  or reimbursement by the County as further detailed in a written agreement. The Developer shall notify Manatee County prior to undertaking design of potable water and wastewater infrastructure in preparation of submitting a Final Site Plan/Construction Drawings. Within 30 days of providing such notice, Manatee County shall determine whether there exists a need to oversize such infrastructure to provide  additional  capacity for future  development  of the area. 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.
    • “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 (MSS).

Reviewing Attorney
Clague

Instructions to Board Records
Please send an executed document to Bobbi Roy, Building and Development Services.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Parrish CDD (081919) - StaffReport.pdf
Attachment:  4 - General Location (1).pdf
Attachment:  Parrish CDD (070519) - Notice of Public Hearing.pdf
Attachment:  Copy of Newspaper Advertisement - September 10, 2019.pdf
Attachment:  Parrish Plantation - Ordinance and Petition.pdf