Commission Meeting Agenda Item
Agenda Item
Ordinance 2021-30 (First Reading) — Consideration of Approval to Create a Community Development District (CDD) for the Hammock Oaks Development on Highway 466, Encompassing Approximately 378 Acres, and Providing for 1,156 Residential Dwelling Units
Department
Growth Management
Staff Recommended Motion
Staff has concluded that there is no negative impact to the Town as a result of the establishment of the Community Development District (CDD); however, upon evaluation of Ordinance 2021-30, the Town Commission should make their own determination as to whether to approve the creation of the CDD.
Summary
On Monday, October 25, 2021, the Growth Management Director, Town Manager, and Town Attorney met with Jere Earlywine, Attorney with the KE Law Group, Greg Beliveau of LPG Urban and Regional Planners, Inc., and Eric Morrisette of Kolter to discuss the potential of creating a Community Development District (CDD) for the project know as Hammock Oaks. At the conclusion of the meeting, it was the determination of Town staff and the Town Attorney, that the establishment of a CDD has no negative impacts to the Town.
Although the entire project which has been proposed is approximately 420 acres, the CDD is only being requested to govern approximately 378 acres. The commercial properties along Highway 466 will not be included, nor will the multi-family component of the development.
The applicant’s overview statement contends that, “The District is designed to provide public infrastructure, services, and facilities along with operation and maintenance of the same to a master planned residential development currently anticipated to contain a total of approximately 1,156 residential dwelling units, all within the boundaries of the District.
A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community-wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the Town or county in which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating and maintaining public infrastructure for developments, such as Hammock Oaks”.
The applicant proposing to establish the Hammock Oaks Community Development District states that the petition should be granted for the following reasons:
- Establishment of the proposed District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the local Comprehensive Plan.
- The area of land within the proposed District is part of a planned community. It is of sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community.
- The establishment of the proposed District will prevent the general body of taxpayers in the Town of lady Lake from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the proposed development services and facilities to the proposed community without imposing an additional burden on the general population of the local general-purpose government.
- Establishment of the proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources.
- The community development services, and facilities of the proposed District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the proposed District's services and facilities.
- The area to be served by the proposed District is amenable to separate special-district government.
- CDD has limited authority – the Town keeps all of its powers.
- Town retains zoning, permitting authority.
- CDD must comply with applicable laws, including Town ordinances.
- No debt of the CDD can be a debt of the Town.
- No administrative costs to the Town.
- CDD assessments do not impact Town millage caps.
- CDD debt is NOT disclosed on Town’s financial statements (unlike Tax Increment Financing).
- Less likely to get default OR complaints than Homeowners Association.
The applicant contends there are only positive benefits for the Town, that there is no downside based upon the following:
The petitioner for the proposed CDD has obtained written consent to establish the District from the owners of one hundred percent of the real property located within the proposed District in accordance with Section 190.005 of the Florida Statutes.
PAST ACTIONS
At the November 15, 2021, Special Town Commission Conceptual Workshop, the Town Commission voted 4 to 0 with a consensus to proceed with the proposal for the creation of the Hammock Oaks Community Development District.
Fiscal Impact
Not applicable.
Source of Funding
Not applicable.
Funding Account
Not applicable.
Public Hearings
The Town Commission will consider Ordinance 2021-30 for Second and Final Reading on a date to be determined, pending approval of annexation of all properties within the district boundaries.
TC/ns
Draft Ordinance 2021-30
AN ORDINANCE OF THE TOWN OF LADY LAKE, FLORIDA, CREATING THE HAMMOCK OAKS COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO FLORIDA STATUTE 190.005, ENCOMPASSING PORTIONS OF LAND IN SECTIONS 19 AND 30, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; BEING APPROXIMATELY 378.076 ACRES; PROVIDING FOR THE MEMBERS OF THE BOARD OF SUPERVISORS FOR THE DISTRICT; PROVIDING FOR THE NAME OF THE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has passed the Uniform Community Development District Act of 1980 (otherwise known as Chapter 190, Florida Statutes) to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, the Kolter Group Acquisitions, LLC, has petitioned the Town Commission of the Town of Lady Lake, Florida, to grant the establishment of the Hammock Oaks Community Development District; and
WHEREAS, a public hearing has been conducted by the Town Commission pursuant to the requirements and procedures of Chapter 190, Florida Statutes; and
WHEREAS, the Town Commission has considered the record of the public hearing and has decided that the establishment of the Hammock Oaks Community Development District is the best alternative means to provide certain basic services to the community; and
WHEREAS, the establishment of the proposed District will prevent the general body of taxpayers in the Town of Lady Lake from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development; and
WHEREAS, the Town Commission finds that the establishment of the Hammock Oaks Community Development District is in the best interests of all of the citizens of the Town of Lady Lake, Florida.
THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida:
Section 1: That the foregoing Preamble is hereby ratified and confirmed as true and correct by the Town Commission of the Town of Lady Lake.
Section 2: That the petition to establish the Hammock Oaks Community Development District is hereby
Section 3: That the external boundaries of the District and the real property within the external boundaries of the District which is to be excluded is described on Exhibit B attached.
Section 4: Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: James Harvey, Candice Smith, Greg Meath, John Curtis, and Bradley Walker.
All of the above‐listed persons are residents of the state of Florida and citizens of the United States of America.
Section 5: That the name of the District shall be the " Hammock Oaks Community Development District".
Section 6: That in addition to the general powers provided to the District under Chapter 190, Florida Statutes, the District shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreation, and passive uses;
(b) Stormwater Management Systems, Roadways, Water, Wastewater and Reclaim Systems;
(c) Water main and plugs for fire prevention and control.
SECTION 7: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict.
SECTION 8: That if any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 9: That this ordinance shall become effective in accordance with law.
PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this ____ day of ___________, 2022.
Town of Lady Lake, Florida
______________________________
Jim Rietz, Mayor
Attest:
______________________________
Nancy Slaton, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description of Properties
The Northwest Quarter (NW 1/4) or the Northwest Quarter (NW 1/4) of Section 19, Township 18 South, Range 24 East, Lake County, Florida, LESS the East 455 feet, thereof, and LESS the Right-of-Way for County Road 466, and Less and Except lands described and conveyed to Lake County, a political subdivision of the State of Florida, in Statutory Warranty Deed recorded in 3668, Page 1159, and as described and conveyed by Right-of-Way Deed to Lake County, a Public Subdivision of the State of Florida recorded in Official Records Book 518, Page 776, and re-recorded in Official Records Book 519, Page 538, of the Public Records of Lake County, Florida.
Together with
The South One-Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 19, Township 18 South, Range 24 East, Lake County, Florida.
Together with
The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 19, Township 18 South, Range 24 East, Lake County, Florida. Less and Except lands described and conveyed to Lake County, a political subdivision of the State of Florida, by Right-of-Way Deed to Lake County, a Public Subdivision of the State of Florida recorded in Official Records Book 518, Page 776, and re- recorded in Official Records Book 519, Page 538, of the Public Records of Lake County, Florida.
Together with
The West One-Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4} of Section 19, Township 18 South, Range 24 East, Lake County, Florida.
Together with
The East One-Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township18 South, Range 24 East, Lake County, Florida.
Together with
The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 18 South, Range 24 East, Lake County, Florida.
Together with
The East 455 feet of the NW 1/4 of the NW 1/4 of Section 19, Township 18 South, Range 24 East, Lake County, Florida, LESS the Right of Way for County Road 466. ALSO, LESS land deeded to Lake County, Florida, as described and depicted in Statutory Warranty Deed recorded in Official Records Book 3668, Page 1108, Public Records of Lake County, Florida.
Together with
The East One-Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 19, Township18 South, Range 24 East, Lake County, Florida
Together with
The Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) of Section 19, Township 18 South, Range 24 East; together with an easement ingress and egress over, upon and across the South 15 feet of the Southeast One-Quarter (SE 1/4) of the Southeast One-Quarter (SE 1/4) of Section 19, Township 18 South, Range 24East, Lake County, Florida, and as set out in that certain Quit Claim Deed recorded in Official Records Book 596, Page 460
Together with
The South Three-Quarters (S 3/4) of the North One-Half (N 1/2) of the Southwest One-Quarter (SW 1/4) of the Southwest One-Quarter (SW 1/4) of Section 19, Township 18 South, Range 24 East, less the West 25 feet described in that certain Right of Way Deed to Lake County, recorded in Official Records Book 518, Page 767 and corrected in Official Records Book 625, Page 163, both of the Public Records of Lake County, Florida.
Together with
The Southeast One-Quarter (SE 1/4) of the Southwest One-Quarter (SW 1/4) of Section 19, Township 18 South, Range 24 East, Lake County, Florida.
Together with
The East Three-Quarters (E 3/4) of the North One-Quarter (N 1/4) of the Northwest One-Quarter (NW 1/4) of Section 30, Township 18 South, Range 24 East, Lake County, Florida. AND The North One-Quarter (N 1/4) of the West One-Half (W 1/2) of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 30, Township 18 South, Range 24 East, Lake County, Florida.
Together with
The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 19, Township 18 South, Range 24 East, Lake County, Florida.
Together wit
A parcel of land lying in Section 19, Township 18 South, Range 24 East, Lake County, Florida, and being more particularly described as follows:
Together with
COMMENCE at the Northwest corner of Section 19; thence run along the West line of said Section 19, S 89°51'37" E, a distance of 61.00 feet; thence departing said West line, run S 89°51'17" E, a distance of 25.27 feet to a point on the Southerly Right-of-way line of County Road 466 per FDOT Right-of-way map Section 11560-2601, thence continue along said Southerly Right-of-way line, S 89°51'17" E, a distance of 1348.71 feet; thence departing said Southerly Right-of-way line, run S 00°43'42" W, a distance of 596.21 feet: thence S 89°48'15" E, a distance of 0.46 feet to the POINT OF BEGINNING; thence S 89°48'15" E, a distance of 1363.45 feet; thence S 00°18'10" W, a distance of 597.57 feet; thence N 89°19'56" W, a distance of 509.46 feet; thence S 04°58'07" E, a distance of 154.55 feet; thence S 85°01'53" W, a distance of 111.76 feet; thence westerly, 125.41 feet along the arc of a tangent curve to the right having a radius of 655.00 feet and a central angle of 10°58'14" (chord bearing N 89°29'00" W, 125.22 feet); thence N 83°59'54" W, a distance of 147.82 feet; thence westerly, 90.04 feet along the arc of a tangent curve to the left having a radius of 945.00 feet and a central angle of 05°27'33" (chord bearing N 86°43'40" W, 90.00 feet); thence N 89°27'26" W, a distance of 42.67 feet; thence N 00°32'34" E, a distance of 55.42 feet; thence N 55°38'14" W, a distance of 331.38 feet; thence N 89°36'12" W, a distance of 103.74 feet; thence northerly, 209.93 feet along the arc of a non-tangent curve to the right having a radius of 400.00 feet and a central angle of 30°04'12" (chord bearing N 15°34'40" E, 207.53 feet); thence northeasterly, 119.53 feet along the arc of a non-tangent curve to the right having a radius of 125.00 feet and a central angle of 54°47'18" (chord bearing N 57°23'30" E, 115.03 feet); thence N 84°47'09" E, a distance of 44.08 feet; thence northerly, 80.57 feet along the arc of a non-tangent curve to the left having a radius of 195.00 feet and a central angle of 23°40'26" (chord bearing N 16°07'25" E, 80.00 feet); thence N 74°57'47" W, a distance of 36.84 feet; thence northwesterly, 56.02 feet along the arc of a non-tangent curve to the right having a radius of 52.50 feet and a central angle of 61°08'07" (chord bearing N 45°34'21" W, 53.40 feet); thence northwesterly, 129.24 feet along the arc of a reverse curve to the left having a radius of 125.00 feet and a central angle of 59°14'15" (chord bearing N 44°37'25" W, 123.56 feet); thence northwesterly, 34.49 feet along the arc of a reverse curve to the right having a radius of 70.00 feet and a central angle of 28°14'00" (chord bearing N 60°07'33" W, 34.15 feet) to the POINT OF BEGINNING
Together with
A parcel of land lying in Section 19, Township 18 South, Range 24 East, Lake County, Florida, and being more particularly described as follows:
Together with
COMMENCE at the Northwest corner of Section 19; thence run along the West line of said Section 19, S 89°51'37" E, a distance of 61.00 feet; thence departing said West line, run S 89°51'17" E, a distance of 25.27 feet to a point on the Southerly Right-of-way line of County Road 466 per FDOT Right-of-way map Section 11560-2601 and the POINT OF BEGINNING; thence run S 89°51'17" E, a distance of 1241.61 feet; thence S 00°04'27" E, a distance of 336.88 feet; thence N 89°55'33" E, a distance of 12.00 feet; thence S 00°04'27" E, a distance of 229.27 feet; thence southerly, 8.27 feet along the arc of a tangent curve to the left having a radius of 75.00 feet and a central angle of 06°18'54" (chord bearing S 03°13'54" E, 8.26 feet); thence S 06°23'21" E, a distance of 63.14 feet; thence southerly, 34.16 feet along the arc of a tangent curve to the right having a radius of 45.00 feet and a central angle of 43°29'34" (chord bearing S 15°21'26" W, 33.34 feet); thence southwesterly, 19.61 feet along the arc of a reverse curve to the left having a radius of 125.00 feet and a central angle of 08°59'26" (chord bearing S 32°36'30" W, 19.59 feet); thence southwesterly, 28.92 feet along the arc of a reverse curve to the right having a radius of 45.00 feet and a central angle of 36°49'05" (chord bearing S 46°31'20" W, 28.42 feet); thence S 64°55'53" W, a distance of 47.95 feet; thence westerly, 44.69 feet along the arc of a tangent curve to the right having a radius of 125.00 feet and a central angle of 20°28'58" (chord bearing S 75°10'22" W, 44.45 feet); thence S 85°24'51" W, a distance of 216.95 feet; thence westerly, 22.68 feet along the arc of a tangent curve to the right having a radius of 275.00 feet and a central angle of 04°43'32" (chord bearing S 87°46'37" W, 22.67 feet); thence N 89°51'37" W, a distance of 891.13 feet; thence N 00°24'23" W, a distance of 756.26 feet to the POINT OF BEGINNING
Containing 378.076 acres, more or less.
Exhibit B — Parcels to be Excluded
East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 19, Township 18 South, Range 24 East, Lake County, Florida. ORB 790 PG 475
and
West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 19, Township 18 South, Range 24 East, Lake County, Florida. ORB 4509 PG 1540
Exhibit C — General Location Map
Downloads
Commission Meeting Agenda Item 2021270 (.pdf document)
Draft Ordinance 2021-30 (.pdf document)