PALM BEACH  COUNTY BOARD OF COUNTY COMMISSIONERS

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AGENDA ITEM SUMMARY

Meeting Date: 10/21/03		l I l l

Consent	[ J
Workshop	[X]

Regular
Public Hearing

Department: Submitted By: Submitted For:

Planning, Zoning and Building Planning

EXECUTIVE BRIEF

Motion and Title: Staff recommends a motion TO NOT ADOPT: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA ESTABLISHING A COMMUNITY DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" TO THIS ORDINANCE COMPRISING OF APPROXIMATELY 52.34 ACRES; NAMING THE INITIAL MEMBERS OF THE E3OARD OF SUPERVISORS OF THE DISTRICT; ESTABLISHING THE NAME OF THE DISTRICT AS CYPRE:SSL-AKES,COMMUNIT¥ DEVELOPMENT DISTRICT; DESIGNATING THE PURPOSE OF THE DISTRICT; DESIGNATING THE POWERS OF THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.

Summary: The BCC has been petitioned to grant the establishment of the Cypress Lakes Community Development District (CDD) to finance and construct community services for a residential development to be located on the west side of State Road 7 between Lake Worth and Lantana roads. The proposed services include water distribution and wastewater systems, surface water management, and other minor facilities. After a thorough review, the Planning Division has found the petition for the proposed COD to be insufficient and inconsistent with recent policy direction by the BCC. Staff is thus recommending denying the petition. (BB, District 3)

Background and Policy Issues: Chapter 190, Florida Statutes, states that the creation of a Community Development District (of less than 1,000 acres) shall be accomplished through the enactment of a BCC ordinance after a public hearing. The statutes require the County to make a determination to grant or deny the petition based on several factors including comprehensive plan consistency as spelled out in Sec. 190.005.E.1-6, F.S.

At a BCC Workshop held on September 24, 2002, the Board expressed strong concerns regarding the proliferation of special districts in the County and the overburden to County taxpayers, particularly to low and moderate income residents, resulting from the additional taxes or assessments imposed by CDDs and other special districts. At the end of the workshop, the Board provided direction to staff to limit the approval of CDDs to non-residential projects and to projects that promote mixed used developments that work as functional, interrelated communities, as required in the statutes. The Board also directed staff to include additional and detailed disclosure requirements in the adopting ordinance of CDDs allowed by the Board, and to monitor the implementation of the disclosures and any other conditions stipulated in the adopting ordinance through the Monitoring Section of the Planning, Zoning and Building Department. For a detailed analysis of the petition see the attached staff report.

Attachments: 1. Staff Report
2. Proposed Ordinance

Recommended by: ..,,.'1'-='""j,""...,,==,,J=---1-< = .d.	q,,,,,_¼c.:4::.,; ., 

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Executive Director	loate

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Approved By:

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FISCAL IMPACT ANALYSIS

Five Year Summary of Fiscal Impact: Fiscal Years
Capital Expenditures Operating Costs
External Revenues	 	
Program Income (County) 	 In-Kind Match (County)
NET FISCAL IMPACT

# ADDITIONAL FTE
POSITIONS (Cumulative)  	

2006	2007	2008

Is Item Included In Current Budget?	Yes	No _X_

Budget Account No.:	Fund	 Reporting Category

Agency  	

Org.  	

Object 		_

Recommended Sources of Funds/Summary of Fiscal Impact: There is no fiscal impact associated with this item

Departmental Fiscal Review	---

Ill.  REVIEW COMMENTS

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A.	OFMB Fiscal and/or Contract Dev. and Control Comments:

B.

C.	Other Department Review:

Department Director

ORDINANCE 2003·.fil)
2
3	AN	ORDINANCE	OF	THE	BOARD	OF	COUNTY
4	COMMISSIONERS	OF   PALM   BEACH   COUNTY,  FLORIDA
ESTABLISHING A COMMUNITY DEVELOPMENT DISTRICT
OVER THE REAL PROPERTY LEGALLY DESCRIBED ON
1	EXHIBIT	"A"	TO	THIS	ORDINANCE	COMPRISING	OF
8	APPROXIMATELY	52.34	ACRES;	NAMING   THE	INITIAL
9	MEMBERS   OF   THE   BOARD   OF   SUPERVISORS   OF THE
DISTRICT; ESTABLISHING THE NAME OF THE DISTRICT AS
CYPRESS LAKES COMMUNITY DEVELOPMENT DISTRICT;
DESIGNATING	THE	PURPOSE	OF	THE	DISTRICT;
DESIGNATING  THE POWERS  OF THE DISTRICT; PROVIDING
FOR SEVERABILITY;  PROVIDING  FOR REPEAL OF LAWS IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statues to

provide an alternative method to finance and manage basic services for community

development; and

WHEREAS, Westbrooke Homes, a Florida general partnership ("Petitioner"), has

petitioned Palm Beach County, Florida (the "County''), to grant the establishment of the Cypress

Lakes Community Development District (the "District"); and

WHEREAS, a public hearing has been conducted by the Board of County Commissioners

of Palm Beach County, Florida (the "Board"), in accordance with the requirements and

procedures of Section 190.005(1)(d), Florida Statues; and

WHEREAS, all statements contained within the petition have been found to be true and
correct; and
WHEREAS, the creation of the District is  not inconsistent with any applicable element or

portion of the effective Palm Beach County Comprehensive Land Use Plan, as amended; and

WHEREAS, the area of land within the District  is  of  sufficient  size, is  sufficiently compact JO	and is sufficiently contiguous to be developable as one functional interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering the

community development services and facilities to the area that will be served by the District; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and

economic way to deliver community development services in the area; and
WHEREAS, the proposed seivices and facilities to be provided by the District will be

compatible with the capacity and uses of existing local and regional community development

services and facilities; and

WHEREAS, the area that will be seived by the District is amenable to separate special

district government; and

WHEREAS, the District desires to levy special assessments on purchasers of benefited

land within the District to pay for infrastructure constructed and/or acquired by the District; and

Pagel of5

	WHEREAS, the District shall acquire or construct potable water and wastewater facilities	
2	in accordance with the County's Water Utilities Department's standards and procedures to	
3	enable the County to provide potable water and wastewater services to the District; and	
4	WHEREAS, the District does not have any zoning or development permitting power and	
5	the establishment of the District is not a development order; and	
6	WHEREAS, all applicable planning and permitting laws, rules, regulations and policies	
7	control the development of the land to be serviced by the District; and	
8	WHEREAS, the Board has considered the record of the public hearing and has decided	
9	that the establishment of the District is the best alternative means to provide certain basic	
IO	services to the community; and	
11	WHEREAS, the Board finds that the District shall have the general powers described in	
12	Section 190.011, Florida Statutes; and	
13	WHEREAS, the exercise by the District of any powers other than the powers set forth in	
14	Sections 190.011 and 190.012(1), Florida Statutes, shall require consent by the Board of	
15	County Commissioners of Palm Beach County by ordinance or resolution.	
16	NOW,    THEREFORE,	BE    IT    ORDAINED	BY THE BOARD OF COUNTY	
t7	COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA:	
18	Section 1. The Petition to establish the Cypress Lakes Community Development	
I 9	District over the real property described in Exhibit "A" attached hereto, which was filed by	
20	Westbrooke Homes, on August 28, 2003 and which Petition is on file at the Office of the County	
21	Administrator, is hereby granted.	
22	Section 2. The external boundaries of the District shall be as depicted on the location	
23	map attached hereto and incorporated herein as Exhibit "B."	
24	Section 3. The initial members of the Board of Supervisors shall be as follows:	
25	Harold Eisenacher	
26	David Webber	
27	Russel Barnes	
28	Mark Bidwell	
29	Claudia Feldman	
30		
31	Section 4. The name of the District shall be "Cypress Lakes Community Development	
32	District."	
33	Section 5. The District is created for the purposes set forth in and prescribed in the	
34	petition.	
35	Section 6. The Board hereby grants to the District all general powers authorized	
36	pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of	
37	citizens of the County to grant such general powers. The Board further grants the District the	

Page 2 of5

	special powers provided for in Section 190.012(1), Florida Statutes, Section 190.012(2)(a),	
2	Florida Statutes, and Section 190.012(2)(b), Florida Statutes, but only with respect to water	
3	mains and fire plugs.	
4	Section 7. Notwithstanding Section 6 as set forth hereinabove, Petitioner, as the	
5	contract purchaser or the District, shall enter into a Standard Potable Water and Wastewater	
6	Development Agreement with the C.ounty for the provision of water and wastewater facilities.	
7	Petitioner shall pay all fees and charges as set forth in said Agreement and shall abide by all	
8	terms and conditions therein including, but not limited to, constructing or acquiring the water and	
9	wastewater facilities in accordance with the Water Utilities Department's Uniform Policies and	
10	Procedures; providing the County with appropriate easements for said facilities; and providing	
II	the County with a deed to said water and wastewater facilities at no cost to County. Palm	
12	Beach County's Water Utilities Department shall operate and maintain said water and	
13	wastewater facilities and provide water and wastewater SBl'Vice upon receipt of all fees and	
14	charges, upon completion of construction and upon receipt of said deed.	
15	Section 8. Pursuant to Section 190.004(4), Florida Statutes, the charter for the District	
16	shall be Sections 190.006 through 190.041, Florida Statutes, including the special powers	
17	provided by Section 190.012(1), Florida Statutes, Section 190.012(2)(a), Florida Statutes, and	
IS	Section 190.012{2)(b), Florida Statutes, but only with respect to water mains and fire plugs. The	
19	exercise by the District of any other special powers set forth in Section 190.012(2) shall require	
20	consent by the Board of County Commissioners. Such consent shall only be provided by	
21	resolution or ordinance after specific petition to the Board.	
22	Section  9.	The District is solely responsible for the implementation of special	
23	assessments upon benefited property within the District's internal boundaries. The Petitioner, its	
24	successors and assigns and shall provide notice of said special assessments to all prospective	
25	purchasers of said property. Special assessments payable by homeowners in the District will	
26	not be used to pay for the financing or cost of improvements located outside the boundaries of	
27	the District.	
28	Section 10. The Petitioner, its successors and assigns shall provide full disclosure of	
29	the public financing and maintenance of improvements undertaken by the District. This	
30	disclosure shall include a statement in bold print that special assessments imposed by the	
31	District will appear in the tax bill. This disclosure shall meet the requirements of Section	
32	190.048, F.S., as amended from time to time, and shall be included in every contract for sale.	
33	Every recorded deed from the Petitioner and any deed resulting from the subsequent	
34	conveyance of the subject property shall include the disclosure and acknowledgment of the	

Page 3 of 5

	special assessments by the grantee. The District shall record a notice of assessments in the	
2	Public Records after any bond sale setting forth the maximum annual special assessment to be	
3	paid in connection with such bonds.	
4	Section 11. The Petitioner, its successors and assigns shall disclose the fact that the	
5	development is located in a special taxing district and that a special assessment will be	
6	assessed on the tax roll against all property owners within the District. This information shall be	
7	in BOLD type in any sales brochures, in any sales information, on the front page of the	
s	Declaration of Restrictive Covenants creating the Property Owner Association or Homeowner	
9	Association, and on a 24" by 36" sign which shall be posted at all times at the entrance to the	
10	sales office of the development providing the following disclosure:	
11	"If you purchase a unit in this development you will be subject to additional costs. A	
12	special assessment and or taxes will be added to your tax bill. This non-advalorem tax	
13	assessment will be in addition to all other property taxes and assessments. This cost is	
14	estimated at $100 per month or $1,200 per year and will be levied to pay debt service on the	
15	bonds issued by the District."	
16	Section 12. The Petitioner, its successors and assigns shall provide all the disclosure	
17	statements required in Sections 10 and 11 above in a separate page as part of the contract for	
18	purchase and sale of property within the District. The potential purchaser must sign this page.	
19	Section 13. An affidavit of compliance shall be submitted annually to Palm Beach	
20	County Monitoring Section beginning on November 1, 2003 until all units have been sold,	
21	outlining the number of units sold, providing samples of the documents used in the closing	
22	process and certifying compliance with the disclosure requirements contained in this ordinance.	
23	The County shall have the right to audit the records of the Petitioner, its successors and assigns	
24	upon 10 days written notice to verify the compliance with the disclosure requirements of this	
25	ordinance. Failure to comply with the disclosure requirements in this ordinance shall be a	
26	violation of a county ordinance and shall be punishable as provided by law, including but not	
27	limited to enforcement procedures established in Article 14 of the Unified Land Development	
28	Code.	
29	Section 14. If any section, paragraph, sentence, clause, phrase or word of this	
30	Ordinance is for any reason held by any court of competent jurisdiction to be unconstitutional,	
31	inoperative or void, such holding shall not affect the remainder of this Ordinance.	
32	Section 15. All local laws and ordinances applying to Palm Beach County in conflict	
33	with any provision of this Ordinance are hereby repealed to the extent of the conflict.	

34

Page 4 of 5

Section 16. This ordinance shall take effect upon filing with the Department of State.

APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach

County, Florida, on this 21" day of October, 2003.

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PALM BEA,GH COUNTY, FLORIDA, BY ITS BOAFJD,9f' COUNTY COMMISSIONERS

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8	\iiarcus, Cha..i.r	_
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21	EFFECTIVE DATE: Filed with the Department of State, State of Florida, on the l!l day of
22	November	2003 at 	m.

Page S of 5

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PALMBEACH NEWSPAPERS, INC,
The Patni Beach Post
2751 S. Dixie Hwy., West Palm Beach, FL  33405 Phone:  (561) 620-3106	Fax: (561) 820-4340

Legal Advertising lnv0lce

Account#	721381	Advertising Deadlines

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 	PROOF  OF PUBL!CAT!ON	

STATE Of fl.ORIOA
COUNTY OFPAI.M Bl:ACH
.Before Jhe1.1a gncd authonl} personall!I 4ppc-art:d Tnc:t.Y Dlglio. who 011oaJh ,a)'s lhar she 1s 'l'tlep)JoneSJmSSupervbor ofTne Palm Beach Posi, 4 daily amlSu[ld!ly newspupc:r pubhsbcd aE We.nP?alm Beach inPallD Bc::ttn County. Plorida: th:a lhc: 11.11ached copy of aO\'eni,ing. be.iog	tbe moaner of C.yprp-s Le&es :v.,as publiSJled in said ncwspapet ir:i the- iss11CJ ofSepf\'mhr1.4- Or!Pbtt 1 JO,I< )"1 2QQ'.'1. Affllllt further say. tha Ulc:: saiil The Pou b a DC"Vapapc:r p1.1blbhctl .at West P.Jm Beach. m sllid Palm Beach Count;-, FJondA, mid tfw the s:aid ne ,papc-r ha:i. hi::retoforc been conlin110usl)' published in s.;sid hlm Besch C011my, f!orlda, dall)' and Siuulay ,IIJ\d has been ell as :iocond cb1Ss Jtuail auner al 1he posi office m
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Exhibit A

LAKE WORTH ROAD

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Exhibit B
LEGAL DESCRIPTION

KNOW JU U£N BY THESE PRESENTS THAT ENGLE HOMES/PIUl llEACH, a-IC., A Fl.ORIIA CORPORATION, OWNERS Of TH£ LANDS SHOWN HEREON, BEING A R£Pl.AT Of Al.L Of TRACTS
14, IHJ 15 Nil A PORTION OF TRACTS 12, IJ. ANO 18, IN SLOCK 35, OF PAUi BEACH fA'lMS
COMl'Nff PLAT NO. J, ACCOROING TO THE Pl.AT THERfOf, RECORDED IN PLAT BOOK
2, PAGES .f5-54, Of THE Pll8UC RECORDS Of PM.M BEACH  COUNTY, fLOIOOA, ANO SHOWN HEREON AS "CYPRESS LN<ES PRESERVE P.U.D.", MD BENG I.IORE PAATICIR..AAL Y DESCR!SED AS FOUOWS•

COL11,1£1lCINC AT THE SOUTHEAST CORNER Of SECTION 36. TOWNSHIP H	SOUTH, RNIGE 41 EAST, PAI.LI BEACH Ccx.NTY, FLORIDA: THEN<:£ NORTH  01• 27'15" EAST, Al.ONG  THE  EAST LI!£ Of SAID SECTION 36, A DISTH+CE Of 2574.U2 FEETI THENCE SOUTH 1111" 00'51"
wtST, ALONG Tl£	SOUTH LINE Of SAID TRACT 16 »lO THE EASTERLY PROLONGATION
THfJ!EOf, A OlSTN-ICE Of  222.21FEET TO  THE WEST RJGHT-OF-WAY  LINE OF U.S. 441
<STATE RO>.D NO. 7) AS RECOR0£D IN OFFICIAL RECORDS BOOK 10507, PAGE IJ0-4. Of
SAD PUBUC RECORDS mD THE POINT Of BEGfflll-lGI THENCE CCNTINU: SOUTH
ae·00'51" WEST, ,'LONG THE SOUTH .ltlf: Of SAID TRACTS 16, 15, 14, Nl!J IJ, A
DISTNfCE Of 2J61l.ll9 fEETI THENCE NORTH 02"  OJ'40"  EAST, "LONG  A LINE  50  FEET EAST Of AND PNUUEL WITH THE WEST LINE Of THE EAST ONE-HALF Of  SAID  SECTION JG, A DISTi\NCE Of 1286.Jll FEETl THENCE NORTli89" 01'23" EAST, Al.ONG A LINE 25
FEET SOUTH OF AND PAAn..t.£L WITH THE NORTH LINE OF SAID TRACTS 12 AND 11, A 0Isrmcr Of IJ42.75 FEET• THENCE SOUTH 01"07'06" EAST, ALONG THE EAST  LINE  Of SAi> TRACT 11, A OlSTANCE Of 634.59  FEET; THENCE  NORTH  89"00'55" EAST, ALONG THE NORTH LINE Of SAID TRACT 15, A OIST.-NCE Of 660.51 fEETi THENCE SOUTH 01•07'53" EAST, "LONG THE EAST LIi£ Of  SAID  TRACT  15, A  DIST>JIICE  Of  458.72 f'EET1 TKENCE NOOTH llQ• 00'51" EAST, ALONG A LINE 200 FEET NORTH Of AND PAA>L.LEl 1111TH THE SOUTH LINE Of TRACT 16, A DISTANCE OF 302.46 FEET: THEHCE SOUTH 01• 26'06"  WEST, .IL.ONG  s>ID  WEST  RIGHT-Of-WAY  LINE  Of  U.S. 441, A DISTANCE Of 49.52 FEET, THENCE SOUTH 01" 28'24" WEST, ALONG SNO WEST RIGHT­ Of-WAY LINE, A 01STANCE Of 1 0.56 FEET TO THE POINT Of BEC/1,NNG.

SMl   LNIDS SITUATE  IN PALL! BLJCH COUNTY, fLOROA,	CONT>.IN 52.342 !,CRES,
llORE OR LESS.

:<' tructionc: Florlda"a Department of State, Bureau ol Administrative Code hH
·,devaloped the County Ordln11nce_ Data Retrieval Sy11tem (COORS) to lacllltate th• 1r&1cklng of County 0rdln111nees In Florida'• 67 CountlH, COORS' data ban lz compoHd at over 215,000 county ordinane!lll enacted since 11174.

We request your caaparatlan In campletlng this coding farm. II ls ta be completed whenever your county anacta a new ordinance. Slmply complete this form and Include II with oth·er pertinent ordlnence Information Iha!lasubmitted to the Bureau of Administrative Code.

To coda thla form properly, plean refer ta the 'kayff11fd11" deacrlp!lon sheet that ham bHn given to your County Attorney'• Office. II you do not have this shoat please contact the Bureau. We WIii be happy to lax ·om, 10 you for r11f1m,nclng purpoHa. PIHse flll outthis farm 1111 camplat;;iy as 111 p011 ibl<11.	·

Thank you for your assistance. Should you neod further assistance plea1111 contact Iha Bureau of Administrative Code, Department al Stale  at  (904)-488-8427  or Suncom 2711-8427,

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Attachment 1. Staff Rer  O     rt

COMMUNITY DEVELOPMENT DISTRICT PETITION CONSISTENCY REVIEW

Proposed Name:

Item Before the Board:

Meeting Date:

Project Manager:	Cypress Lakes Community Development District

To hold a public hearing to grant or deny a petition to Community Development District pursuant to Chapter Statutes
BCC Public Hearing, October 21, 2003

Gustavo Goya, Planner I	

establish a
190, Florida	

MOTION:	
To recommend denying the proposed petition.	
REVIEW SUMMARY

BACKGROUND

Chapter 190, F.S., also known as the "Uniform Community Development  District  Act  of  1980" (the Act), adopted procedures in the State Law for the use of independent districts as  a reasonable alternative to the provision of urban services by a  local  government.  The  Act contains criteria for establishing, assigning powers, and providing limits to the operation and duration of independent districts in order to manage and finance basic community development services. The Act indicates that proposed Community Development  Districts  (CDDs)  of  less than 1,000 acres shall be created by County ordinance based  upon  a  determination  of applicable facts, as established in the Act.

At a BCC Workshop held on September 24, 2002, on CDDs, the Board expressed strong concerns regarding the proliferation of special districts in the County and the overburden to County taxpayers, particularly to low and moderate income residents, resulting from the additional taxes or assessments imposed by CDDs and other special districts. At the end of the workshop, the Board provided explicit direction to staff to limit the approval of CDDs to non­ residential projects and to projects that promote mixed used developments that work as functional, interrelated communities, as required in the statutes. The Board also directed staff to include  additional  and  d1.:.<..  ,_:d  disclosure  requirements  in  the  adopting  ordinance  of  CDDs allowed by the Board, ana L0 monitor the implementation of the disclosures and any other conditions stipulated in the adopting ordinance through the Monitoring Section of the Planning, Zoning and Buildint.- Department.

THE PROPOSED COMMUNITY DEVELOPMENT DISTRICT

Petition Purpose and Summary

The purpose of the ••1ition by Westbrooke Homes to establish the Cypress Lakes Community Development District h lo finance (i) surface water management and control systems, including required earthwork, (ii) 'Nater distribution, wastewater facilities and transmission  facilities,  (iii) other permitted public ,- -_>,;ements and community facilities authorized by the Act, and (iv) related incidental costs lo, ;;posed residential development.

The COD petition is being processed concurrent with an application to establish a residential planned unit development on 52.34 acres located in the west side of State Road 7 between Lake Worth and Lantana roads.

The complete text of the petition by Westbrooke Homes to establish the Cypress Lakes Community Development District can be viewed at the Planning Division or at the County Administration.

REVIEW OF THE FACTORS TO MAKE A DETERMINATION TO GRANT OR DENY THE PETITION AS SET FORTH IN CH. 190.005(1)(e)

Chapter 190.005(1)(e) lists six (6) factors that the County Commission  shall consider in  addition to the record of the public hearing in making a determination to grant or deny a petition for the establishment of a community development district. The following is  a  review of  those factors and the findings made by staff on each factor:

Whether all statements contained within the petition have been found to be true and correct.

The statements contained in the petition appear to be true and correct.

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 the effective Comprehensive Plan of Palm Beach County. However, the Board of County Commissioners (BCC) has expressed strong concern regarding the proliferation of special districts in the County and their potential burden on County taxpayers, contra,y to State policy in the Act which indicates 'that the needless and indiscriminate proliferation, duplication, and fragmentation of local, genera/­ purpose government services by independent districts is not in the public interest." To address these concerns the Board directed staff to limit the approval of COD petitions to non-residential developments at a Workshop held on September 24, 2002.

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.

A resident/a; development might be functional, and depending on the  design  and interrelations tith working, educational and recreational areas located in close  proximity, it could be al.sg id1 interrelated development. On the other hand, a functional and interrelated community is a ,:.:ornpact and contiguous mixed-use development, where people can live, work, educate a,. : recreate within the framework of the development. An example of mixed­ use developmen,. which is a functional interrelated community in a compact, contiguous setting, is the Cit/ Place, in West Palm Beach. The proposed residential development is an enclosed planned unit r! :velopment that is not functionally interrelated to the surrounding community and is des1:..,, ,--id to maximize the number of units within the development to be built in several phases.

Whether the district L, the best alternative available for delivering community development services · •1d facilities to the area that will be served by the district.

2

As indicated above in item b of this subsection, the Board is concerned with the proliferation of special districts and the overburden to the taxpayers. There are currently 65 special districts within the County boundaries, of which 12 are CDDs with 6 located in unincorporated County. The County and several municipalities have approved the majority of CDDs within the last four years. According to officials from the Department of Community Affairs, this increase in the use of CDDs is a statewide trend, but many of them are located in isolated areas of the state with no service providers, or in areas subject to revitalization projects, where CDDs are a better alternative. Most of the 75 districts in the County are also taxing districts, and several have overlapping boundaries, which result in the proliferation of taxing items in the tax bills for areas where jurisdictions overlap. Considering that the proliferation of special districts is contrary to State policy, the BCC directed staff to limit CDDs to non-residential ones. Under these circumstances the proposed district is not the best alternative for delivering community services to this resident'lal development.

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 infrastructure services and facilities for the proposed residential planned unit development are compatible with the capacity and uses of existing County infrastructure facilities.

Whether the area that will be served by the district is amenable to separate special­ district government.

Although the area might be amenable of separate special district government, the proliferation of special districts in the County is contrary to state policy and is of great concern. Additional residential CDDs could overburden taxpayers in the area, which is considered to have moderate to low-income residents.

ASSESSMENT AND CONCLUSIONS

Chapter 190, Florida Statutes, states that the creation of a Community Development District (of less than 1,000 acres) shall be accomplished through the enactment of an ordinance after a public hearing of the applicable governing body, in this case Palm Beach County. The Statutes require the County to make a determination to grant or deny the petition based on the factors analyzed on section C above, including consistency with the County's Comprehensive Plan, and considering the entire record of public hearing. The Planning Division, after reviewing the petition has found the petition to be insufficient, inconsistent with recent policy direction by the Board of County Commissioners limiting CDDs to non-residential ones, and contrary to State policy indicating that proliferation of special districts is not in the public interest, as demonstrated in section C above. Staff is thus recommending denying the petition.

ALTERNATIVE ACTIONS

The following courses of action are available to the Board:

Recommendation to grant the creation of the COD;

Recommendation to grant with modifications; or

Recommendation of denial.

3

\) tt i'rt:
S;1:/\.TE OF FLORIDA
11,3 HOV Li	PM fJE'JiARTMENT OF STATE
JEB BUSH	GLENDA E. HOOD
Governor	Secretary of State

November 19, 2003

Honorable Dorothy H. Wilken
Clerk to Board of County Commissioners Pahn Beach County
Post Office Box 4036
West Pahn Beach, Florida 33402-4036
Attention: John W. Dame, Chief Deputy Clerk Dear Ms. Wilken:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 17, 2003 and certified copies of Pabn Beach County Ordinance Nos. 2003-053 and 2003-054, which were filed in this office on November 18, 2003.
Please be advised that the Florida County Ordinance Data Retrieval System (CODRS) Coding Forms were not received for the above mentioned ordinances.

s
Liz Cloud
Program Administrator