Subject:
Title
Adoption of Petition to Establish Sun Terra Lakes Community Development District
Developer: Jen Florida 48, LLC (District 5)
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Fiscal Impact:
The Establishment of the District itself would have minimal costs associated with it (monitoring, and receipt and review of reports).
While the Petition outlines certain expectations regarding the parties’ (including the County) anticipated obligations (see Exhibit 6 of the Petition), this is done as a means to estimate future financial burdens and is not binding.
Dept/Office:
Planning and Development
Requested Action:
Recommendation
The applicant, Jen Florida 48, LLC, is petitioning the Board of County Commissioners to conduct a public hearing to adopt the attached ordinance, establishing the Sun Terra Lakes Community Development District, and, if so determined by the Board, to make the necessary findings as required by Chapter 190, Florida Statutes, to establish the District.
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Summary Explanation and Background:
The applicant, Jen Florida 48, LLC, is seeking approval of the Establishment of Sun Terra Lakes Community Development District (“District”) in compliance with the provisions of Chapter 190, Florida Statutes, providing for the authority of the District; providing for the establishment of the boundaries for the Sun Terra Lakes Community Development District; providing for the designation of the initial board members; providing for the District name; providing for statutory provisions governing the District; and providing for conflict and severability.
The proposed District is comprised of approximately 1,082.242 acres, generally located north and east of the Deer Run Subdivision, west of Babcock Road, and south of Willowbrook Street, more particularly described in the legal description attached as Exhibit A to the Ordinance. The applicant has proposed to establish the District to plan, finance, acquire, construct, operate and/or maintain infrastructure and community facilities which may be authorized by such District under Florida law, including, but not limited to, roadways, stormwater management, utilities (water, wastewater, and reuse water), hardscape/landscape/irrigation, recreational amenities, and other infrastructure.
The following factors are to be considered by the Board in accordance with Section 190.005(1)(e), Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes:
1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the Brevard County Comprehensive Plan or the State Comprehensive Plan.
3. 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. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District.
5. 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.
6. The area that will be served by the District is amenable to separate special-district government.
The establishment of the District will have minimal annual costs to the County pertaining to the receiving and reviewing of reports that the District is required to provide to the County, or any monitoring expenses the County may incur if a monitoring program is established.
While the Petition outlines certain estimates regarding the parties’ (including the County) anticipated obligations (see Exhibit 6 of the Petition), this is done as a means to estimate the costs of constructing proposed services and are not binding under Section 190.005(1)(a)(6), Florida Statutes.
Clerk to the Board Instructions:
Please return a copy of the filed ordinance to Planning and Development, as well as the County Attorney’s Office.