PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER THE CREATION OF THE HARMONY RANCH COMMUNITY DEVELOPMENT DISTRICT
end
EXECUTIVE SUMMARY:
executive summary
Pursuant to Section 190.005(1)(b)(2), Florida Statutes, Hobe Sound Ranch, Ltd. has filed a petition with Martin County to establish the Harmony Ranch Community Development District.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Clyde Dulin
Title: Comprehensive Planning/Site Compliance Administrator
REQUESTED BY: Hobe Sound Ranch, Ltd
PRESET: 9:30 AM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Hobe Sound Ranch, Ltd. filed the attached petition with Martin County to establish the Harmony Ranch Community Development District. The proposed Community Development District (CDD) encompasses 2,717 acres which includes 2.653.42 acres subject to the approved Harmony Ranch master site plan and another 63 acres that are not included in the approved master site plan. The approved Harmony Ranch master site plan authorizes one hundred twenty-six lots, each a minimum of 20 acres.
Pursuant to Section 190.005(1) of the Florida Statutes, CDDs of 2,500 acres or more are established pursuant to a rule, adopted under chapter 120 by the Florida Land and Water Adjudicatory Commission, granting a petition for the establishment of a CDD. Prior to consideration by the Florida Land and Water Adjudicatory Commission, the petition to create the CDD must be submitted to the county where it is proposed. Then, within 45 days of the filing of the petition, the county may elect to hold a public hearing to consider the relationship of the petition to the criteria found in Section 190.005(1) (e), F.S.
At its July 10th meeting, the Board of County Commissioners made the decision to hold a public hearing on July 24, 2018 to consider the petition. Staff has communicated with the applicant’s representative who has confirmed their availability for the scheduled public hearing.
Based upon a staff review of Sections 190.011 and 190.012, F.S, staff offers the following general description of CDDs.
Community Development Districts.
A CDD is an independent special purpose government with the authority to finance, develop and maintain public facilities. In 1980, the Florida Legislature adopted the “Uniform Community Development District Act” to create a uniform method for the creation, operation and dissolution of CDDs. Chapter 190, F.S., provides that CDDs have certain general powers, whether or not they choose to use them, and certain special powers, which require approval by the local government.
General Powers.
For a land developer, the primary advantage of creating a CDD is the ability to issue tax exempt bonds and to levy taxes and special assessments on the land owners within the CDD in the same manner as a general purpose local government. Other general powers include:
• To acquire and own property;
• The ability to cover its employees under the state retirement system;
• Apply for government grants;
• Adopt rules pursuant to Chapter 120, F.S. Administrative Procedures Act;
• To borrow money and issue bonds, certificates, warrents, notes or, other evidence of indebtedness;
• Access and impose upon lands in the district ad valorem taxes.
Special Powers.
Subject to the regulatory jurisdiction and permitting authority of all governing authorities, such as Martin County or the South Florida Water Management District, a CDD may exercise certain special powers. These powers include:
Fund, acquire, construct and operate:
• Water management and control systems;
• Water supply, sewer and wastewater management systems;
• Bridges and roads.
With the consent of the County, the CDD could fund, acquire, construct and operate:
• Parks;
• Fire prevention and control services;
• School buildings;
• Security;
• Mosquito control;
• Waste collection and disposal.
As set forth in Section 190.004 (3), F.S. a CDD does not have the power of a local government to adopt a comprehensive plan, building code or land development code.
“The establishment of an independent community development district as provided in this act is not a development order within the meaning of chapter 380. All governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Community Planning Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government.”
Attached to the agenda item, for the Board’s consideration, is a copy of a document provided by the applicant’s representative entitled CDDs: An Alternative to Conventional Community Management.
ISSUES:
During the July 24th public hearing, the Board must use the same criteria that the Florida Land and Water Adjudicatory Commission will use in evaluating the petition. Those criteria, set forth in Section 190.005(1) (e), are set forth below with staff analysis shown in bold.
1.Whether all statements contained within the petition have been found to be true and correct.
See staff analysis of the other criteria.
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 CDD, as proposed, does not appear inconsistent with either the state or local comprehensive plan.
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 approved agricultural subdivision covers 2,653.42 acres of the 2,717 acre CDD site. The approved agricultural subdivision includes only 126 units and not the 129 units listed in the CDD application. It is sufficiently contiguous to be developed as one subdivision of ranches. The proposed infrastructure will be developed as part of and related to this one subdivision.
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.
Paragraph 12.D. of the petition states “establishment of the District will prevent the general body of taxpayers in Martin County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the proposed District.
Whether the CDD is created or not, the general body of Martin County tax payers will not be required to construct any infrastructure described in Exhibit 5 of the petition. It is not clearly superior or inferior. What is “best” depends on values held by the community at large.
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 facilities identified in Exhibit 5 are entirely the responsibility of the developer of the property and will not be incompatible with County services or other services.
6.Whether the area that will be served by the district is amenable to separate special-district government.
The area that will be served by the district is composed of vacant land. The citizens that will be taxed by the special district do not yet live within the district.
Other issues:
Section 190.046 of the Florida Statutes provides for a CDD to be dissolved only after financial obligations, such as issued bonds, have been repaid. Because such bonds are often issued for 30 year periods, a CDD should not be considered a temporary entity. It is a special purpose government that Martin County will need to coordinate with in perpetuity.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency.
RECOMMENDED ACTION:
RECOMMENDATION
Take no action on the petition.
ALTERNATIVE RECOMMENDATIONS
1. Adopt the attached resolution to support creation of Harmony Ranch CDD.
2. If the Board determines the six criteria, above, have not been met, revise the attached resolution to oppose the creation of the Harmony Ranch CDD.
FISCAL IMPACT:
RECOMMENDATION
Time spent on the review of this petition. The applicant has paid the application fee.
|
Funding Source |
County Funds |
Non-County Funds |
|
Applicant |
|
$15,000 |
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
$15,000 |
ALTERNATIVE RECOMMENDATIONS
1. Dependent upon Board direction.
2 None.
3. None.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: