CITY COUNCIL AGENDA ITEM
Memo Date: January 18, 2024
Agenda Date: January 23, 2024
Prepared By: Kristin Eick, Assistant City Attorney
Through:
Requested Action:
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Adopt on second and final reading and hold public hearing on Ordinance 01-2024, creating a community development district pursuant to Chapter 190, Florida Statutes, known as the Windward Preserve Community Development District, pursuant to Petition filed by The Taylor Morrison of Florida, Inc.
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BACKGROUND:
The subject property is 212.10 acres, more or less, and legally described in the proposed Ordinance. The subject property is generally located on the south side of State Road 528 at the corner of State Road 528 and I-95.
The subject property is subject to that certain Preceding Development Agreement by and between the City of Cocoa and Barrera Shores, LLC, dated November 7, 2006, which was recorded on November 21, 2006 in Official Record Book 5721, Page 8205 of Brevard County, Florida. The City Council annexed the land into the jurisdictional limits of the City of Cocoa, along with other real property on the north and south side of State Road 528 totaling over 700 acres of land. At the time, it was one of the largest annexations conducted by the City of Cocoa. Following the adoption of the annexation ordinance, Brevard County filed a lawsuit challenging the annexation of the subject property. The City prevailed in the lawsuit at the 5th District Court of Appeal and entered into that certain Stipulated Settlement Agreement between Brevard County v. City of Cocoa, Case No. 05-2005-018141, which was recorded on January 9, 2008 in Official Record Book 5837, Page 2226 of Brevard County, Florida. Years later, after the property had changed ownership, the City entered into that certain Settlement Implementation Agreement between the City of Cocoa and Beachline Partners, LLC., dated July 26, 2022 and recorded at Official Record Book 9571, Page 2808 of Brevard County, Florida.
Pursuant to Section 4.7 of the Preceding Development Agreement, the City of Cocoa and the predecessor owner of the subject property agreed that the creation of a Community Development District may be considered by the City of Cocoa upon the owner’s request and that a CDD may be beneficial for the future development of the property. Taylor Morrison of Florida, Inc. (“Petitioner”), having obtained written consent to the establishment of the District by the owners of 100 percent (100%) of the real property to be included in the District, has filed a Petition to Establish the Windward Preserve Community Development District (“Petition”) with the City Council of the City of Cocoa, Florida (“City”) pursuant to Section 190.005(2)(a) and 190.046(1)(h), Florida Statutes, to adopt an ordinance establishing the Windward Preserve Community Development District (“District”) pursuant to Chapter 190, Florida Statutes.
Generally, a community development district (“CDD”) is an independent special district which is used as an alternative method for financing and maintaining basic community development services, including capital infrastructure required for the development of communities such as a large residential subdivision. As defined by applicable Florida Statutes, a CDD is an independent special district that operates as “a local unit of special-purpose government.” Each district, acting through its own Board of Supervisors, may exercise the general powers enumerated in Florida Statutes. For example, when structured and run properly, CDDs may provide a cost-effective tool to finance the development of infrastructure and services needed for new communities. CDDs can levy ad valorem taxes or special assessments on developable land within the District to generate the revenues necessary to finance the development and maintenance of infrastructure, and may also issue long-term bonds, and use its statutory powers to finance all or part of the costs of construction, acquisition, operation, and maintenance of major infrastructure for community development including, but not limited to, roads, water and sewer facilities, stormwater management facilities, the undergrounding of utilities, streetlights, and landscaping. In essence, a CDD is a separate local government entity that runs independently from its host City or County. If the CDD is approved, it will also be separate from the traditional homeowner’s association that the Petitioner will be creating to provide long term support for other aspects of the project not under the jurisdiction and management of the CDD.
Because the subject property is located within the City of Cocoa, and is less than 2,500 acres, the creation of a CDD within the City of Cocoa requires that the City Council conduct a public hearing on the Petition and if the Council desires to approve the creation of the CDD, Council must adopt an ordinance creating the CDD. Chapter 190, Florida Statutes requires the City Council to make a determination to grant or deny a petition for the establishment of a community development district based on the following factors:
1. Whether all statements contained within the petition have been found to be true and correct.
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.
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.
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.
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.
6. Whether the area that will be served by the district is amenable to separate special-district government.
In accordance with the requirements of Section 4.7 of the Preceding Development Agreement, and in furtherance of demonstrating compliance with the aforementioned factors, Petitioner has filed a Petition to create a CDD. Council should consider the Petition and determine, based on the aforementioned factors, whether to allow the Petitioner to create the CDD. Creation of a CDD requires Council to adopt an Ordinance. Therefore, the decision made by Council this evening is whether to adopt the attached Ordinance on Second Reading.
The Petitioner has made some minor updates to the Petition since First Reading of the Ordinance to reflect that the CDD is anticipated to finance construction and continued maintenance of the James Road extension west of Friday Road pursuant to the condition of approval for the PUD related to the same.
Florida Statutes requires that the proposed Ordinance be advertised in a newspaper of general circulation for four consecutive weeks prior to second reading and final adoption. A copy of the advertisements are attached to this Agenda Item. The advertisements have run on 12/26/23, 1/2/2024, 1/9/2024, and 1/16/2024..
STRATEGIC PLAN CONNECTION:
Enhance efforts to make the City of Cocoa a thriving and competitive economic driver along the Space Coast. Improve residential development and rehabilitation programs to ensure a diversity of housing options.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
1. August 24, 2004 - Annexation Ordinance No. 31-2004
2. April 12, 2005; November 7, 2006 - Preceding Development Agreement with Barrera Shores
3. December 11, 2007 - Stipulated Settlement Agreement with County and Property Owners
4. July 10, 2019 - Settlement Implementation Agreement with Virgin Trains
5. July 26, 2022 - Settlement Implementation Agreement with Beachline Partners
6. December 19, 2023 - Conditional approval of Windward Preserve PUD and preliminary plat
7. January 9, 2024, Ordinance 01-2024 pass on first reading
RECOMMENDED MOTION:
Recommendation
Adopt on second reading Ordinance 01-2024, creating a community development district pursuant to Chapter 190, Florida Statutes, known as the Windward Preserve Community Development District, pursuant to Petition filed by The Taylor Morrison of Florida, Inc.