Item #13 Establishing a Community Development District for Arden Park`` '! 0 r
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AGENDA ITEM COVER SHEET
Meeting Date: May 19, 2015
Item # � 5
Reviewed By:
Contact Name: Scott A. Cookson, Department Director:
City Attorney
Contact Number: 407- 581 -9800 City Manager:
Subject: Establishing a Community Development District for Arden Park'
Background Summary:
Community development districts are local units of special - purpose government created for the purpose of
delivering urban community development services within certain, established areas. Chapter 190, Florida
Statutes, sets forth the exclusive and uniform method for establishing a community development district in
Florida. Generally speaking, if a property contains less than 1000 acres and is located entirely within a
municipality, a Petitioner can file a petition for establishment of a community development district with the City's
governing body.
Standard Pacific of Florida, a Florida general partnership, as Petitioner, intends to establish within the City of
Ocoee ( "City ") the Arden Park Community Development District ( "District "). Petitioner received consent from the
owner of one - hundred percent (100 %) of the property to be included in the District and, on April 3, 2015, filed a
petition with the City asking that the City Commission adopt an ordinance establishing the District.
The law requires the City to establish the District in a public hearing and the Petitioner must advertise the public
hearing four weeks in advance. City and Petitioner are complying with all public notice requirements.
Issue:
Should the City Commission approve the ordinance establishing a community development district known as
the Arden Park Community Development District?
Recommendations
City Staff recommends that the City Commission adopt an ordinance establishing the Arden Park Community
Development District.
Attachments:
Ordinance.
Financial Impact:
None to the City. An independent district is established in the ordinance to manage and finance basic
community development services for the Arden Park Community Development District.
Type of Item: (please mark with an 'Y)
X Public Hearing
Ordinance First Reading
_ Ordinance Second Reading
_ Resolution
X Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by Q
Scott A. Cookson
N/A
N/A
N/A
For Clerk's Dept Use:
Consent Agenda
X Public Hearing
Regular Agenda
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING
THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING
FOR THE ESTABLISHMENT AND NAMING OF THE DISTRICT;
PROVIDING FOR THE LEGAL DESCRIPTION OF THE EXTERNAL
BOUNDARIES OF THE DISTRICT; PROVIDING FOR THE
DESCRIPTION OF THE FUNCTIONS AND POWERS OF THE
DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
PROVIDING FOR NOTICE REQUIREMENTS AND FOR COMPLIANCE
WITH ALL REMAINING SECTIONS OF CHAPTER 190, FLORIDA
STATUTES, AND ALL OTHER APPLICABLE LAWS AND
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the "Uniform Community Development Act of 1980 ", Chapter 190,
Florida Statutes (hereinafter referred to as the "Act "), sets forth the exclusive and
uniform method for establishing a community development district; and
WHEREAS, Section 190.005(2) of the Act requires that a Petition for the
Establishment of a Community Development District of less than 1,000 acres be filed by
the Petitioner with the City Commission of the municipality having jurisdiction over the
majority of land in the area in which the district is to be located; and
WHEREAS, Section 190.005(1)(a) of the Act requires that such petition contain
certain information to be considered at a public hearing before the City Commission of
the City of Ocoee, Florida ( "Commission "); and
WHEREAS, Standard Pacific of Florida, a general partnership ( "Petitioner "),
having obtained written consent to the establishment of the Arden Park Community
Development District (the "District ") by the owner of one - hundred percent (100 %) of the
real property to be included in the District and having presented documents evidencing
the control of the real property to be included in the District, has petitioned the
Commission to adopt an ordinance establishing the District pursuant to Chapter 190,
Florida Statutes (2014); and
WHEREAS, the Petitioner is a Florida general partnership authorized to conduct
business in the State of Florida, whose principal place of business is 444 West New
England Ave, Suite 220, Winter Park, Florida 32789; and
WHEREAS, the Petition, which is dated and which was submitted to the City of
Ocoee ( "City ") on April 3, 2015, has been determined to contain the requisite
information as mandated by Section 190.005(1)(a) of the Act; and
WHEREAS, all interested persons and affected units of general - purpose local
government will be or have been afforded an opportunity to present oral and written
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comments on the Petition at a duly noticed public hearing conducted by the City on
June 2, 2015; and
WHEREAS, on June 2, 2015, the Commission considered the record of the
public hearing and the factors set forth in Section 190.005(1)(e) of the Act, and upon
such review, has determined that granting the Petition to establish the Arden Park
Community Development District is in the best interest of the City; and
WHEREAS, the establishment of the District shall not act to amend any land
development approvals governing the land area to be included within the District; and
WHEREAS, the establishment of the District will constitute a timely, efficient,
effective, responsive, and economic way to deliver community development services in
the area described in the Petition; and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated The above recitals are true and correct
and are incorporated herein.
Section 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes. Furthermore, this Ordinance is enacted in
compliance with and pursuant to the Uniform Community Development District Act of
1980, codified in Chapter 190, Florida Statutes. Nothing contained herein shall
constitute an amendment to any land development approvals for the land area included
within the District.
Section 3. Findings of Fact. The Commission hereby finds and determines,
pursuant to Section 190.005(2) of the Act, based on the testimony and evidence
presented before the City Commission, and the record established at the public hearing
that:
A. All statements within the Petition are true and correct.
B. Establishment of the District, as defined in Section 4., below, and
all land uses and services planned within the proposed District are not inconsistent with
applicable elements or portions of the state comprehensive plan, or the City of Ocoee
Comprehensive Plan;
C. The area of land within the District, described in Exhibit "A ", which
is attached hereto and incorporated herein, is of a sufficient size, is sufficiently compact,
and is sufficiently contiguous to be developed as one functional interrelated community;
D. The District is the best alternative available for delivering the
community development services and facilities to the area that would be served by the
District;
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E. The community development services and facilities of the District
will not be incompatible with the capacity and uses of existing local and regional
community development services and facilities; and
F. The area to be served by the District is amenable to separate
special- district government.
Section 4. Establishment and District Name. There is hereby created a
community development district situated entirely within the incorporated limits of the City
of Ocoee, Florida, which District shall be known as the "Arden Park Community
Development District ", and which shall be referred to in this Ordinance as the "District ".
Section 5. External Boundaries of the District. The external boundaries of
the District are described in Exhibit "A ", and said boundaries encompass 309.38
acres, more or less.
Section 6. District Powers and Functions. The powers and functions of the
District are described in Chapter 190, Florida Statutes. The District shall have all
powers and functions granted by the Act pursuant to Sections 190.011 and 190.012(1)
and (3), Florida Statutes, as amended from time to time. In addition, consent is hereby
given to the District's Board of Supervisors to finance, fund, plan, establish, acquire,
construct, reconstruct, enlarge or extend, equip, operate, and maintain additional
systems and facilities for (1) parks and facilities for indoor and outdoor recreational,
cultural and educational uses; and (2) security, including but not limited to,
guardhouses, fences and gates, electronic intrusion - detection systems, and patrol cars,
both as authorized and described by Section 190.012(2), Florida Statutes. The District
shall have all further powers to establish additional systems and facilities as specified in
the remaining subsections of Section 190.012(2), Florida Statutes, so long as said
improvements and each of their specifications are first approved by the City. Pursuant
to Section 190.002(3), Florida Statutes, the District shall not have or exercise any
zoning or development permitting powers governing land development or the use of
land.
Bonds to be issued by the District shall not constitute a debt, liability, or general
obligation of the District, the City, the County, or of the State of Florida, or of any
political subdivision thereof, but shall be payable solely from the Pledged Revenues
designated for the Bonds.
This Ordinance is not intended nor shall it be construed to expand, modify or
delete any provisions of the Uniform Community Development District Act of 1980, as
set forth in Chapter 190, Florida Statutes, nor shall it be intended to modify, restrict or
expand any current prospective development or utility agreements.
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Section 7. Board of Supervisors.
The five persons designated to serve as initial members of the District's Board of
Supervisors are as follows:
Name: Stephen Polachek
Address: 444 West New England Avenue, Suite 220
Winter Park, FL 32789
Name: Sylvia "Cece" Dela Cerna
Address: 444 West New England Avenue, Suite 220
Winter Park, FL 32789
Name: Aaron Reid
Address: 444 West New England Avenue, Suite 220
Winter Park, FL 32789
Name: Cary J. Malever
Address: 301 Sampey Road
Groveland, FL 34736
Name: Don Hulslander
Address: 707 E. Colonial Drive
Orlando, FL 32803
Section 8. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
Section 9. Effective Date. This Ordinance shall take effect upon its approval
and publication as required by law.
Il
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 20_.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
day of 1 20_
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
, 20_
UNDER AGENDA ITEM NO.
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EXHIBIT A
A portion of the Southeast' /. of Section 32, Township 21 South, Range 28 East, a
portion of the Southwest'' /, of Section 33, Township 21 South, Range 28 East, and a
portion of the Northwest 'A of Section 4, Township 22 South, Range 28 East, Orange
County, Florida, being more particularly described as follows:
COMMENCING at the North' /. corner of Section 4, Township 22 South, Range 28
East, Orange County, Florida; thence run South 89 "32'54" West, along the North line of
the Northwest AG of said Section 4, for a distance of 5.37 feet to a point on the West
pavement line of Hobson Road, also being the POINT OF BEGINNING. Thence
departing said North line, run along the West pavement line of Hobson Road the
following courses and distances: run South 00 0 36'27" West, along said West pavement
line, for a distance of 97.05 feet; thence run South 00 0 02'53" East, along said West
pavement line, for a distance of 109.92 feet; thence South 00 0 13'33' West, along said
West pavement line, for a distance of 49.38 feet to a point on the East line of the
Northwest Y. of said Section 4; thence run South 01 0 27'07" West, along said East line,
for a distance of 335.19 feet to a point on the Northerly right of way line of West Orange
Trail, and the Easterly extension thereof, as recorded in Official Records Book 9613,
Page 3340 of the Public Records of Orange County, Florida, said point also being a
point on a curve, concave Northwesterly, having a radius of 2490.00 feet, a chord
bearing of South 75 °22'33" West, and a chord distance of 1241.34 feet; thence run
Southwesterly along the arc of said curve, and said Northerly right of way line, through a
central angle of 28 °22'33" for an arc distance of 1254.57 feet to the point of tangency;
thence run South 89 °4838' West, along said Northerly right of way line, for a distance
of 716.49 feet to the point of curvature of a curve, concave Southeasterly, having a
radius of 1701.20 feet, a chord bearing of South 76 °57'03" West and a chord distance of
757.23 feet; thence run Southwesterly along said curve, and said Northerly right of way
line, through a central angle of 25 °43'07" for an arc distance of 763.63 feet; thence
departing said curve, run North 88 °45'08" West, along said Northerly right of way line,
for a distance of 20.58 feet to a point on the West line of the Northwest' /. of said
Section 4; thence departing said Northerly right of way line, run North 02 0 32'49" East for
a distance of 1057.99 feet to the Northwest comer of said Section 4; thence departing
said West line, run North 85 °3422" West, along the South line of the Southeast % of
Section 32, Township 21 South, Range 28 East, for a distance of 1299.85 feet to a point
on the East pavement line of Ingram Road, said point also being a point on a non -
tangent curve, concave Easterly, having a radius of 270.73 feet, a chord bearing of
North 11 °27'01" West and a chord distance of 154.28 feet; thence run Northerly along
the arc of said curve, and said East pavement line, through a central angle of 33 °06'32"
for an arc distance of 156.45 feet; thence run North 00 °06'22" West, along said East
pavement line, for a distance of 124.71 feet; thence run North 00 °19'38" East, along
said East pavement line, for a distance of 100.28 feet; thence run North 00 0 33'27" East,
along said East pavement line, for a distance of 195.08 feet; thence run North 00 0 1246"
West, along said East pavement line, for a distance of 92.97 feet; thence run North
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01 °14'04" East, along said East pavement line, for a distance of 93.06 feet; thence run
North 00 °03'33" West, along said East pavement line, for a distance of 101.58 feet;
thence run North 00 °33'07" East, along said East pavement line, for a distance of
100.77 feet; thence run North 00 °47'04" East, along said East pavement line, for a
distance of 99.45 feet; thence run North 00 0 16'57" West, along said East Pavement line,
for a distance of 102.40 feet; thence run North 00 °07'59" West, along said East
pavement line, for a distance of 89.10 feet to a point of intersection of said East
pavement line with the South line of the North 130 feet of the Southeast 1 /4 of the
Southeast % of said Section 32; thence departing said East pavement line, run South
88 °01'27" East, along said South line, for a distance of 18.77 feet to a point on the
Easterly right of way line of Ingram Road, as recorded in Official Records Book 3617,
Page 1881 of the Public Records of Orange County, Florida; thence departing said
South line, run North 00 °11'25" West, along the said Easterly right of way line, for a
distance of 1509.95 feet to a pant on the North line of the Northeast '' /a of the Southeast
' /4 of said Section 32; thence departing the Easterly right of way line, run North
89 "29'48" East, along the said North line, for a distance of 1287.29 feet to the East' /.
comer of said Section 32, also being the West % comer of Section 33, Township 21
South, Range 28 East; thence run South 89 0 17'33' East, along the North line of the
Southwest Y4 of said Section 33, for a distance of 2668.18 feet to the Northeast corner
of the Southwest'/. of said Section 33; thence departing said North line, run South
00 0 04'48" West, along the East line of the Southwest Y4 of said Section 33, for a
distance of 1408.86 feet to a point on the North line of the Southeast' /. of the
Southwest'/. of said Section 33; thence departing said East line, run North 89 "52'10"
West, along the North line of the Southeast' /. of the Southwest Y4 of said Section 33, for
a distance of 30.00 feet to a point on the West right of way fine of Hobson Road, as
recorded in Official Records Hook 1956, Page 664 of the Public Records of Orange
County, Florida; thence departing said North line, run South 00 0 04'48" West, along said
West right of way line, for a distance of 1409.17 feet to a point on the South line of the
Southeast A of the Southwest Y4 of said Section 33; thence departing said West right of
way line, run North 89 °32'54" East, along said South line, for a distance of 24.63 feet to
the POINT OF BEGINNING.
Containing 309.38 acres, more or less.
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