Submitted By: Tye Chighizola
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-35 to amend the boundaries of the Ridge at Heath Brook Community Development District generally located southeast of SW Highway 200 (College Road) and west of I-75 by adding approximately 36.431 acres to increase the size of the Community Development District to approximately 75.796 acres (Case No. PH23-45081) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Fiscally Sustainable
PROOF OF PUBLICATION:
Pursuant to F.S. 190.005(1)(d) a Star Banner Ad was placed once a week for four successive weeks: January 24, 2023, January 31, 2023, February 07, 2023, and February 14, 2023
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BACKGROUND:
On June 15, 2021, City Council adopted Ordinance No. 2021-58 establishing the Ridge at Heath Brook Community Development District (District). The original boundaries of the District encompassed approximately 39.365 acres and was projected to contain approximately 135 residential dwelling units. Future boundary amendments were expected to accommodate a total of approximately 391 residential dwelling units. The District has petitioned the city to amend the boundaries to include an additional 36.431 acres, increasing the size to 75.796 acres. A total of 282 residential dwelling units are now projected.
A District is an independent unit of special purpose local government authorized to plan, finance, construct, operate, and maintain communitywide infrastructure in planned community developments. A District provides 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 District is not a substitute for the local, general-purpose government unity, i.e., the city or county in which the District lies. A district does not have the permitting, zoning, or policing powers possessed by general-purpose governments. A District is an alternative means of financing, constructing, operating, and maintaining public infrastructure for developments, such as Ridge at Heath Brook.
The District is proposed to fund the following facilities:
As an alternative, the developer may elect to privately finance any of the above improvements and transfer them upon completion to a homeowner’s association for ownership and operations.
The District is required to provide its proposed budget to the city annually at least 60 days prior to adoption for informational purposes. A public facilities report is required within one year of the District’s creation, then an annual notice of any changes, and an updated report every seven years at least 12 months prior to submission of the City’s evaluation and appraisal of the comprehensive plan report to the State.
FINDINGS AND CONCLUSIONS: The city considers the factors required pursuant to F.S. 190.005(1)(e) to make a determination to grant or deny a petition for the amendment to a community development district. The city makes the following findings:
1. The City, in determining whether to establish the District boundaries, has considered and finds that all statements contained in the Petition to Amend the Boundaries of Ridge at Heath Brook Community Development District are true and correct.
2. The City has considered and finds that the expansion of the District is not inconsistent with any applicable element or portion of the applicable Comprehensive Plan.
3. The City has considered and finds that the area of land within the District is a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a functional interrelated community.
4. The City has considered and finds that the District is an available alternative for delivering community development services and facilities to the area that will be served by the District.
5. The City has considered and finds that 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 City has considered and finds that it is not problematic for the subject area to be served by a separate special-district government.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-35
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, AMENDING ORDINANCE NO. 2021-58, TO EXPAND THE BOUNDARIES OF THE RIDGE AT HEATH BROOK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on June 15, 2021, the City Council for the City of Ocala, Florida (“City”) enacted Ordinance 2021-58, establishing the Ridge at Heath Brook Community Development District (“District” or “Petitioner”) pursuant to Chapter 190, Florida Statutes; and
WHEREAS, District has petitioned the city to adopt an ordinance amending the boundaries of the Ridge at Heath Brook Community Development District (“District”) pursuant to Chapter 190, Florida Statutes, and granting certain special powers; and
WHEREAS, the city, in determining whether to amend the District boundaries, has considered and finds that all statements contained in the Petition to Amend the Boundaries of Ridge at Heath Brook Community Development District (“Petition”) are true and correct; and
WHEREAS, the city has considered and finds that amending the District is not inconsistent with any applicable element or portion of the City of Ocala’s Comprehensive Plan; and
WHEREAS, the city has considered and finds that the area of land within the District is a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a functional interrelated community; and
WHEREAS, the city has considered and finds that the District is the best alternative for delivering the community development services and facilities to the area that will be served by the District; and
WHEREAS, the City has considered and finds that 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
WHEREAS, the city has considered and finds that the area that will be served by the District is amenable to separate special-district government; and
WHEREAS, a duly noticed public hearing, pursuant to Chapter 190, Florida Statutes, to consider the Petition was held prior to the adoption of this Ordinance establishing the District.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY OF OCALA, FLORIDA:
SECTION 1: LEGISLATIVE AND ADMINISTRATIVE FINDINGS. The above recitals are hereby adopted as the legislative and administrative findings of the City of Ocala City Council (“City Council”).
SECTION 2: AUTHORITY. This ordinance is adopted in compliance with and pursuant to the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (2022).
SECTION 3: AMENDMENT TO EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District are amended as described in Exhibit A attached hereto.
SECTION 4: ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS. The administrative correction of typographical and/or scrivener’s errors in this Ordinance which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5: SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
SECTION 6: CONFLICTS. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Except as stated herein, Ordinance No. 2021-58 remains in full force and effect.
SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Ocala, Florida, held on the ____ day of ______________, 2023.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-35
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
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