PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING THE BOUNDARIES OF THE WATERSIDE COMMUNITY DEVELOPMENT DISTRICT (S265-020)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Kutak Rock LLP, on behalf of the Board of Supervisors of the Waterside Community Development District (CDD) to amend the boundaries of the Waterside Community Development District from the existing 179.9 acres to the proposed approximate 216.37 acres.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam
Title: Principal Planner
REQUESTED BY: Jere Earlywine, Esq.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Waterside CDD was established by the adoption of Ordinance 1175, by the Board of County Commissioners on February 1, 2022. The CDD was established pursuant to Chapter 190, Florida Statutes.
The original CDD encompassed 179.9 acres, which was the boundary of the South Florida Gateway PUD at that time. The South Florida Gateway PUD has been amended twice resulting in an expansion of the boundary to 216.37 acres. The proposed petition to amend the CDD will bring the additional acreage into the boundary of the CDD making it consistent with the PUD.
The CDD petition is consistent with Chapter 190.046, Florida Statutes for amending an existing CDD.
This public hearing has been advertised consistent and the matter is required to be heard at a public hearing.
The following supporting documents are attached:
Staff Report
Ordinance
Petition
Legal Ad (the legal ad for the ordinance will be provided by Supplemental Memo)
Florida Statutes Chapter 190
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt an ordinance amending the Waterside Community Development District boundaries.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $1,500.00 filing fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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