Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 13, 2016
REVISED September 13, 2016 - Regular Meeting
Agenda Item #35

Community Development District Establishment - Aqua By The Bay


Contact and/or Presenter Information
Fred Goodrich, Planner, ext. 6866

Action Requested
ADOPT Ordinance No. 16-43 to establish Aqua By The Bay Community Development District.

Enabling/Regulating Authority
Chapter 190, Florida Statutes.

Background Discussion
  • A petition submitted by the Petitioners (Cargor Partners VIII-Long Bar Pointe, LLLP and 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 certain special powers set forth in Section 190.012(2), Florida Statutes.
  • The land to be served by the District comprises approximately 17.55 acres and is located on the west side of El Conquistador Parkway, north of Sarasota Bay, south of 53rd Avenue West in the southwestern area of 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 PDMU and PDR, the site is undeveloped at the present time but is within a portion of an area that was approved for residential development (258 units) in 2015.
  • 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.

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).

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:  Aqua By The Bay CDD StaffReport.pdf
Attachment:  Location Map-Aqua By The Bay CDD.pdf
Attachment:  AquaByTheBayCDDPetition.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