Introduced and amended by the Transportation, Energy and Utilities
Committee :
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ORDINANCE 2018-335-E
AN	ORDINANCE	ESTABLISHING	THE	CYPRESS	BLUFF

COMMUNITY
DESCRIBING

DEVELOPMENT	DISTRICT	("DISTRICT"); THE	EXTERNAL	BOUNDARIES	OF	THE

DISTRICT;	NAMING	THE	DISTRICT;	NAMING	THE
INITIAL	DISTRICT	BOARD	OF	SUPERVISORS;
AMENDING	CHAPTER	92	(UNIFORM	COMMUNITY
DEVELOPMENT	DISTRICTS),	ORDINANCE	CODE,
SECTION	92.02	(DEFINITIONS)	AMENDING	THE
DEFINITION	OF	"STATE	PETITION"	TO	REFLECT
CHANGE	IN	STATE	STATUTE;	AMENDING	SECTION
92.14	(STATE	PETITIONS)	TO	UPDATE	NAME	OF
COMPREHENSIVE	PLAN;	AMENDING	SECTION	92.22
(EXISTING COMMUNITY DEVELOPMENT DISTRICTS), TO
INCLUDE	THE	DISTRICT;	PROVIDING	FOR	CONFLICT
AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 21
WHEREAS,	E-Town	Development,	Inc.,	a	Florida	corporation,
petitioned	the	City Council	to   establish	a community	development
district	("CDD")	named	the	Cypress	Bluff	Community	Development
District	on	approximately	1,249.7	acres	lying	wholly	within	the
boundaries	of	the	City	pursuant	to	F.S.	Chapter	190.005(2)	and
Chapter	92,	Ordinance	Code,	a	copy	of	the	Amended	Petition	to
Establish	the	Cypress	Bluff	Community	Development	District
("Petition") is on file with the Legislative Services Division; and
WHEREAS,	if	established	as	proposed	in	the	Petition,	the
Cypress Bluff Community Development District would thereafter exist

1	and operate as an independent special district as set forth in F.S. 2	 Ch.  190 ;   and
WHEREAS,	the   Office   of   General   Counsel  and  the	Planning and
Development	Department	have	reviewed	the	Petition	and	have
submitted   their  reports   thereon  to the  Council,	which reports are
attached  as	Exhibit   1  and   Revised Exhibit  2,	labeled  as	"Revised
Exhibit 2, TEU - June 18, 2018, respectively; and
WHEREAS,	Petitioner	acknowledges	that	nothing	about	the
adoption	of	this	Ordinance	shall	in	any	way	waive	any	of	the
City's,	or  any  other  governing  or  regulatory  entities'	rights to
grant or not grant entitlements for the development to be serviced
by	the	District	{ the	"Development"),	or	otherwise	prejudice	the
City's,	or  any  other  governing  or regulatory entities',	ability to
govern or regulate the planning or permitting of the Development;
and
WHEREAS,	the	Council	has	determined  the	Petition	adequately
meets	the	requirements	of	F.S.	Ch.	190.005	and	Section	92.04,
Ordinance Code and is therefore complete and sufficient to permit
fair and informed review thereof; and
WHEREAS,	all	notice	requirements	of	F.S.	Ch.	190,	Section
92.11,	Ordinance Code and other applicable laws were complied with,
and  complete  notice  was timely given,	and a public hearing held on
the	date	and  time	noticed  and	conducted	thereafter in compliance
with F.S. Ch. 190 and all applicable laws; and
WHEREAS, in making its fair and informed determination whether
to	grant	or	deny	the	Petition,	the	Council	has	considered	the
petition in light of the record developed at the public hearing and
in   relation   to  the   six  factors set  forth  at	F.s.	§ 190.005 (1) (e),
now,	therefore
BE IT ORDAINED by the Council of the City of Jacksonville:
Section   1.	Name.	A	community	development	district	is
-   2  -

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25	hereby	established	within	the	City	to	be	known	hereafter	as	the Cypress Bluff Community Development District.
Section 2.	Boundaries. The boundaries of the Cypress  Bluff Community Development District established by  this  ordinance are as set forth in the legal description contained in the Amended Petition to Establish the Cypress Bluff  Community  Development District  ("Petition")  which  is  on  file with  the   Legislative Services Division.
Section  3.	Board  of  Supervisors.  The   following   five persons,  as  set  forth  in  the  Petition,  are  designated  to  be   the  initial members of  the  governing  Board  of  Supervisors  ( "Board")  of the Cypress Bluff Community Development District:
Richard   T. Ray
Johns. Hewins
C.	Stephen V. Grossman
John L. Holmes
Jon Morris
Section  4.	Amending Chapter 92 (Uniform Community Development  Districts),  Ordinance   Code.  Section  92.02,  Ordinance Code, is hereby amended to read as follows:
Sec.  92. 02.	- Definitions.
Terms defined at F.S. § 190.003, shall have  the  meanings  therein prescribed  when  used  hereinafter,  unless  a  contrary  meaning is clearly expressed.
Further, as capitalized and used hereinafter, the term:	
26	( a)	"Act" means F.S. Ch. 190, as amended.	
27		*  *  *	
28	(h)	"State Petition" means a petition submitted to the City	
29		pursuant to F.S. § 190.005(1) or § 190.046(1)(d}, seeking	
30		to establish, expand or contract a CDD originally of	
31		1, 000 2, 500 or more acres located within the city, by	

-   3 -

AMENDED 6/26/18
1	administrative rule of FLAWAC.
2	* * *
Sec.	92. 14.	- State Petitions.
State Petitions shall be filed as set forth in Section 92.05,
Ordinance Code, and shall be accompanied by the fee required by the
Act. State Petitions should be accompanied by a cover letter
addressing whether a local optional public hearing is requested.
8	* * *
9	Within ten days from the date of a Council decision to hold
the optional local hearing, the Department, by and through its
Comprehensive Planning division, shall prepare and file a report
with the Chief of Legislative Services which report is required to
contain an opinion of whether the state petition is consistent with

the� 2030 Comprehensive Plan.
15	* * *
Sec.  92. 22.	- Existing Community Development Districts.
The following CDDs have been established in the City:
(1)	Bainebridge Community Development District. The
Bainebridge Community Development District was
established in Ordinance 2005-1417-E. The City granted
consent to the Bainebridge Community Development District
to exercise special powers related to parks and
facilities for indoor and outdoor recreational, cultural
and educational uses in  Ordinance  2006-592-E. 25		* * *

(16)	Cypress Bluff Community Development District.	The
Cypress Bluff Community Development District was
established in Ordinance 2018-335-E.

2 9	Section  5.	Conflict  and  Severability.	Any portion of this
ordinance determined finally by a court of competent jurisdiction
to be in conflict with prevailing law shall not be effective to the
-   4  -

AMENDED 6/26/18
extent	of	such	conflict,	and	shall	be	deemed	severable	and	the
remainder	shall	continue  in  full	force  and  effect	to	the extent
legally possible.
Section  6.	Effective   Date.	This	ordinance  shal1	become
effective upon signature by the Mayor or upon becoming law without
the Mayor's signature.
7
8	Form Approved:
9
10
11
Office of General Counsel
Legislation  Prepared  By:	Susan C. Grandin
14	GC-#1219267-vl-2018-335-E.doc

-   5  -

JASON R. GABRIEL*
GENERAL COUNSEL

OFFICE OF GENERAL COUNSEL

ASHI.I' Y 8. 81 NSON JOl>Y L. 8KOOK.'i WmmY E. BYNUI.O.'-S
KARI NM. CttA.,-rAIN 01:klU:1. Q. CHATMON
Jl:11'1:k'l'C Cl.flSI JUI.IA B. DAVIS
Sn t'HE.N M. DuRl)l,N
CRAl<i D. Fl:tSIJt Gll.111.IU-I. fll11.I .JH
S0�111tl\ R. fHNER
U>itl:J L fKl'NCH
CHkl:.nJl'Ul:k 0AklUTI Sl:AN B GttANi\"I
SUSA."IC. GkANlllN KATY /\. HARl(L'i
LAWSIKIAJ Huurn,s SONYA HAl!kl.l I HUI NI k
PAICil. HtmlL-.JtlllN!ffON EMI.R...ClN M. UTl"/.1/\

CITY HALL, ST. JAMES BUILDING
117 WEST DUVAL STREET, SUITE 480 JACKSONVILLE, FLORIDA 32202

May 15, 2018

RnAM.MJ\lltS JAMli.'i R. McCAIN JR.
Wl!Nl>Y L. MUMMAW Kl·.1.1.Y H. PAl'J\
TRACI  Y KUKTPAICUI
JI\CUIIJ. PI\YNI·
GAYI.I Pl:ncu. JUN R. PfflU.ll'll
Cm RltY SHAW Pou OCK
S11J•H1.NJ. PUWl·l.1. Tlll'INV l)OU<:J "" SAl'I
R. ANTHONY SAl.l:M
J1 >IIN C. SAWYl:K. JR. M,\ll(iARl:I'   M. SIUMI\N
SANl>kA p s·rocKWJ:.I I.
JASON R. TIW. Al>tNATl:OIXlkJ;."(;U
MICHAi:!. B. wm,�·u
ST/\Nl.l:Y M.WILttCJN
GADY YOUN<i

•BOARD CF.RTIFJF.D CITY. COUNT\'
,\Sb I.OCAI. GO\'F�'ftlF.NT LAW

Katie S. Buchanan, Esq. Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301

RE:	Office ofGeneral Counsel Final Report

On the Petition to Establish Cypress BluffCommunit y Developmen t District
Dear Ms. Buchanan:
The Office of General Counsel ("Counsel"), pursuant to Section 92.07, Ordinance Code, has completed its review of the Amended and Restated Petition to Establish Cypress Bluff Community Development District (the "Amended Petition"), submitted April 4, 2018.  Thank you  for amending the Petition to provide answers to the questions posed in our Initial  Report  Counsel  has determined that the Amended Petition is now sufficient and complete to permit the  fair  and informed         consideration         of         the         matter          by          the          City          Council. This Final Report will be forwarded to the Planning and Development Department, along with the Amended Petition, for their use in drafting a Department report and recommendation. All the statements contained in the Amended Petition not intended to be disposed of by the Department report and recommendation are true and correct, and the Amended Petition is not contrary to any provision of applicable general or special law or the City Charter.
We anticipate that the legislation to move this petition forward will be filed and introduced at Council on May 22, 2018. This would set out the following dates for purposes of your four-week newspaper notice to comply with Sec. 190.005, F.S.:

age 1 of 4

--========================================================�; Exhibit 1

Office Telephone (904) 630-1700

Writcr•s Direcl Line (904) 630-1725

Facsimile (904) 630-1731

Writer's E-Mail Address		Office Web Site SGrandin@coj.net	GeneraJCounscl.coj.com

May 15, 2018
Page2

June 18, 2018 - Public Meeting at the Transportation, Energy and Utilities Committee June 19, 2018 - Public Meeting at Land Use and Zoning Committee
June 26, 2018 - Public Hearing at City Council, pursuant to Sec. 190.005, F.S. and Sec. 166.041, F.S.
Also attached is the draft ordinance for your use. As you will also see, I took the opportunity with this legislation to bring our Ordinance Code up to date with the acreage limits set by the Legislature.
If you have any questions, please do not hesitate to give me a call at (904) 630-1725. I look forward to seeing you in June.

Sincerely,

./

Susan C. Grandin
Assistant General Counsel

cc: William Killingsworth, Director, Planning and Development Department Kristen Reed, Planning and Development Department
Jason Teal, Deputy General Counsel

GC-#1184067-vS-Cypress Bluff-Counscl_Report_DOCX

Exhibit 1
Page 2 of 4

JASON R. GABRIEL* GENERAL COUNSEL

OFFICE OF GENERAL COUNSEL

CITY OF JACKSONVILLE

AsHI.EY 8. BENSON JOI>\' L BROOKS WENDYE. BYNl>I.OSS KAREN M. CHASTAIN DERRa Q. CHATMON JEHaY C. CLOSli JUI.IA 8. DAVIS SraPHEN M. DURDEN

117	Duv	480

CITY HALL, ST. JAMES BUILDING

RITA M. MAIRS JAMES R. MCCAINJR. WENDY L MUMMAW Km.1.YH. PAPA TRACEY KoRTPARDE JACOB J. PAYNI: OAYLE PETRIE
JON R. PHILLIPS

CRAIG D. Fl31Sl:R
Gll.BliRT L FliLTEI., SONDRA R. Fl:.aNER LOREE L FRENCH

JR.

WEST	AL STREET, SUITE

JACKSONVILLE, FLORIDA 32202

CHERRY SHAW POLLOCK STEPHEN J.PoWELL TU:FINY DOUOI.AS SAFI
R.  ANTHONY SALEM

CHRJSTOPHER 0ARRLl'JT Sr� B. GRANAT SUSAN C. ORANUIN KA1'Y A. HARRIS lAWSIKJAJ. HOOOl:S
SONYA HARRF.U.HOENl!R
PAIOH HODOS foHNSTON EMP.RSON M. UYrZIA

Katie S. Buchanan, Esq. Hopping Green & Sams, P. A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301

 	

January 31, 2018

JOHN C. SAWYER, JR. MARGARET M. SIDMAN SANDRA  P. SrOCKWELL
JASON R. Tl!AJ. ADINA TEODORESCU MICHAfil. 8. WEIJNl:R STANLEY M. WESTON
GAIIY YOUNG

*BOARD CKRTit1ED CITY, COUNTY AND LOCAL GOVERNMENT LAW

RE:	Office of General Counsel Initial Report

On the Petition to Establish Cypress BluffCommunity Development District

Dear Ms. Buchanan:
The Office of General Counsel ("Counsel"), pursuant to Section 92.07, Ordinance Code, has completed its review of the Petition to Establish Cypress Bluff Community Developm_ent District (the "Petition"), submitted January 10, 2018. We received our copies of the Petition on January 17, 2018. Counsel has determined that the Petition is not sufficient and complete to permit the fair and informed consideration of the matter by the City Council. Please consider the following changes and questions:
Pursuant to Section 92.04(h), Ordinance Code, construction cost estimates and timetables should be provided in more detail than was given in Exhibit 7 of the Petition. Also, provide a map indicating the areas of ownership and maintenance for the City of Jacksonville ("City") versus the COD or the Home Owners Association. Please provide this additional information using the 4 subsections outlined in Section 92.04(h);
Identity of the preparer for Exhibits 6 and 7;
Whether the estimates consider the exercise of any of the special powers requested (parks, and security).;
Approxfmate costs as an annual outlay where construction will exceed one year; and
Identify and/or differentiate between costs of construction and acquisition, if any.

Pursuant to Section 190.005(2)(a), Florida Statutes, referencing Sec. 190.005(1)(a)(8), F.S., a statement of estimated regulatory costs ("SERC") must be prepared in complian�xWihl �ection 120.541, Florida  Statutes.	Page 3 of 4
According to the Developer Utility Service and JEA Cost Participation Agreement ("JEA
Agreement") found.in Tab 5, JEA will be funding the cost of construction of the reclaimed

 	

January 31 , 2018 

Page 2
water, but this does not show up in Table 1, on page 6 of the SERC. If this is because it is not estimated to be a cost to the CDD, please explain.

Sec. 120.541(2)(d), F.S. requires a good faith estimate of the transactional costs likely to be incurred by individuals. Please provide at least the following:
the estimated maximum district non-ad valorem assessments based on the various types ofdwelling units;

the Insurance Services Office ("ISO") rating for homeowners for fire coverage in the development;
the anticipated cost of fire insurance for a homeowner; and

whether land will be donated to the City for the placement of a fire station. The land requirement for this is 4 acres of uplands adjacent to an appropriate roadway for each fire station.

Paragraph 17 of the JEA Agreement, found in Tab 5, requires that JEA be notified in writing ofany assignment. The Agreement provided is between JEA and Eastland Timber, LLC. Please provide the signed assumption agreement that was delivered to JEA.
Exhibit 6 in Tab 6 lists the City as the final owner and the i:naintenance entity for the street lights. However, this is not standard. Typically the City provides funding for the electricity, but JEA owns and maintains the poles. Please coordinate with JEA and explain or revise.
In addition to the SERC, Section 92.04(i), Ordinance Code, also requires an adequate explanation ofthe following:
Plan of finance for the construction;

Plan for the operation and maintenance ofthe project; and
Identify the entity that will construct, own and operate and maintain the systems, facilities and services corresponding roughly to the identifying categories used in the construction cost estimates.
While Table 1 on page 6 of the SERC provided generally outlines the distribution of responsibilities, a more detailed plan for the maintenance responsibility for the City is required. To that end, provide at least a detailed break out of the landscaping and irrigation, and the hardscape and signage responsibility. ·Ifyou have a draft HOA revocable permit form, that would be helpful.

� ed-:-

Please supplement as noted above at your earliest convenience, and we will get this turned around quickly. Ifyou have any questions, please do not hesitate to give me a call at (904) 630-1725.

Susan C. Grandin Assistant General Counsel

cc:"7illiam Killingswi>rth, Director, Planning and Development Department
Kristen Reed, Planning and Development Department Jason Teal, Deputy General Counsel

==================================================...�aEgxehiboitf 1

Office Telephone

Writer's Direct Line

Facsimile

4	4
Writer's E-Mail Address	Office Web Site

(904) 630-1700

(904) 630- 1 725

(904) 630-1731 

SGrandin@coj.net	GeneralCounsel.coj.com

PROPOSED COMMUNITY DEVELOPMENT DISTRICT (CDD) PETITION TO ESTABLISH CYPRESS BLUFF CDD PLANNING AND DEVELOPMENT DEPARTMENT STAFF RECOMMENDATION AND REPORT

ORDINANCE 201 8-335
The Planning and Development Department (Department) has completed its review of the petition to establish the Cypress Bluff Community Development District (Petition) and makes the following report and recommendation in accordance with §92.07(c), City of Jacksonville Ordinance Code.

REPORT SUMMARY
Hopping Green & Sams, P. A., on behalf of E-Town Development, Inc. , (Petitioner) proposes that the Cypress Bluff Development District (CDD) be established in the City of Jacksonville. The Petitioner states in the Petition that the CDD should be established because it is (1) not inconsistent with the effective State or local Comprehensive Plans;
(2) the CDD will be contained within a planned commun ity of sufficient size, its compactness and all lands therein being contiguous; and (3) that the establishment of the CDD will prevent the general body of taxpayers in the City from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the CDD.

The Department finds that the Petition is sufficient and correct to permit fair and informed consideration by City Council. The Petition has a positive relationship to all of the factors required by §1 90.005(1 )(e), Florida Statutes (F.S.), and is consistent with the State of Florida and City of Jacksonville comprehensive plans. The proposed CDD is the best alternative for delivering commun ity development services and facilities within its a rea of service.

1 . OVERVIEW OF CDD AND DEVELOPMENT INFORMATION
The CDD is approximately 1 ,249.7 acres in land area and entirely consists of properties in the Low Density Residential (LDR) land use category. The CDD will contain approximately 1 ,563 single-family homes and 200 multi-family dwelling units. It is generally located east of the 1-295 east beltway, south of R.G. Skinner Parkway and north of Philips Highway. The project location is more fully identified by the District Boundary map ("Exhibit 1 ", dated November 201 7) included in the Petition. There is no land outside the proposed boundaries of the COD to be served by the COD. The existing land use is included in the Petition as "Exhibit 4."

According to the Petition, the developer maintains that the COD is the best alternative for delivering community development services and facilities without imposing an additional burden on the general population of the local general-purpose government. Below are the responsibilities for the proposed services and facilities to be provided as described in the Petition's "Exhibit 6":

City of Jacksonville
Planning and Development Department May 30, 201 8

Ordinance #201 8-335 Cypress Bluff COD Petition
Page 1 of 8
Revised Exhibit 2
TEU - June 18, 2018 
Page 1 of 8

EXHIBIT 6
DISTRICT l:\TRASTRl"CTl1U: I\IPRO\"E\IE:STS CYPRESS BLlTF COll\fi-:\lTI' DE\'ELOP�IEXI DISTRICT

ConstJ-ut'tion

Maintenance

Dest'rintion of Imn1-onments	Entih·f	Final Owner	�	
E-Town Parl-wav.'R. G. Skinner Pad-... \'3YL3ndscaoe1me:ation	�-elooer	COJCDD'	COJ:'CDD1	
E-To·wn Pad.·wav.R. G. Sbnner Pad.·waY Har&cape,Sismatt	Oe,.-eloi,ei-	COJ.'CDD'	COJ:CDD1	
£..Town ParL--way.R.G. Skim:ltt Pad."\\-a\" Fenciil2	Develooer	CDD	CDD	
E-Tcwn Pad.·wav.R.G SJanner Eltttnc,Sueet Lil!htlll2	Develooer	JEA"	JEA·	
L"t1lme!. (Water . Sewer·. Electtical. Stteet Li2htm2)	De\�·�	JEA	JEA	
Stormwater Svstems	DeYelooer	COD	CDD	
�dwav Immovement!.	Develooer	COJHOA;	COJHOk '	
R«ie,monill Immo,:ernent!.	COD	CDD	CDD	

:COJ 1s e�"ted to operate and m.lUltam the nght ofway mfrastructure: COD may promit- enhanced la.ndsca� mamttnantt throu!fi an mtelocal agreemen1 with the cny
:HOA ,\ill � r�pon�ble for o�ranon and JJWlltenanct ofall r0.1dway-. t\iuch COJ will not O\\U (pm-ate r0.1ds. all��- �c ) and th.1t are not fund!d bv the COD.
3HOA mayprO\�d:e tnhm.'.:ed m.imtenan� on COJ omied road�.
7Ulldmg forelectnatypro\'ldfd by COJ

w

It 1s cunently � intennon ofthe C'DD to acquire E..Town P.uL·way landsca�. imganon. b.lrdsc�. u�e. str�t lighting. electrical. master unlin�. andpen& and for     COD to construct the masttt r«n-auonal 1mpro\�ments mdudmg the amewty �crtt �plans are �.ab)ect to change

COJ = ClTY ofJad:som�
CDD = Community De,�lopmen1 D1stnct JEA = Jad.:son\ille Electnc Authonty HOA "' Home 0u1lffl Associanou

�ote. Tlus exhibit 1dennfi� the current mtennous ofthe D�trict and 1� subject to change based upon various factors ruch as funae �-elq>Dlfflt plms or m:uke-t conditions

City of Jacksonville
Planning and Development Department May 30, 201 8

Ordinance #201 8-335 Cypress Bluff CDD Petition
Page 2 of 8
Revised Exhibit 2
TEU - June 18, 2018 
Page 2 of 8

Total design and development costs for providing the capital facilities are estimated to be
$71 ,952,034 as set forth in Exhibit 7, Cost Estimate Sheet, contained in the Petition. Below are the proposed infrastructure costs for the Cypress Bluff CDD.

EXHIBIT 7
COST ESIDl.\TE SHEET
CYPRESS BLl"FF C Oll\R�m· DEYILOPllE�1 DISTRICT

�FRASTRl"CTl�E COSTS	Total
l  £.Tomi Pm..·,.ny R.G. Skmner i>a:inny !.3.lld.sc3:1>e lmpuon	Sl.0.:�.000
�  £-T0\\'?1 Pm-ws.,· P..G. Ski:mer P3:Jm·3y Eud!Cai>e Si!!!:ia.�e	Sl i:.500
3   E-Town P!li'"\l"l)" R G  Slmmer Pa:n·ay Fencmg	S�9.929
.J E•TO\\-u Pmwn· 'RG Ski:mer Elecmc.·stree( u!!hrm2	S2. 5Si.500
5 t."'nline; (\\'ater, Sewer. Elecmcal, Street Ltgh!ing)'·"	S7.74�.P45
'.S �tormwater Sv;tems	S6. 5Sl.078
?  Roadway Imp10\-emelltl	Sl-4545.700
g  Recrutioul Imzmn-ements	Sl5.210.iSO
9 E.ngmeenng. !enng. P�. (El. Mobtllzatim, A.s-bmln. Etouon C on:rot Etc .	Sl3.1 13.633 TOTAL COSTS
1  �hi� Tni:.u:m« 1_Tru:lk ) u·arer. Snw ri'orct Ma!n}. a!ld .JEA Eiear.c . Com u:.:Clude Boo>1er Pwn;, Station
u.d F.ttJ;e �P St.Mlaa:.
:  P..!"..:il!J::!d WJter l.Clpll)\"t!r.!&!:. WU b�· :u:\C!C �- 1'E.A p-J..--S twll !O the �stert:nh:y Apeemm:
; Tht>e eittm.nei ccntai;,:ate the e�c!;e o: specw powa; p%iUW to s«nor.; J !,C· vl:(1:·:i, md 190 C•l�(1)tc). Flcr.d.:i S:ir.nu
�  F..e pmet.u u:.ncipM� .u:.:uaI 41.ltlay of co;n ')ased on .u!ii:1pat� conm-..i:tlOJl nmune.

ll,

!-:ote  T?ui e�'btt ider.rme; tJ:a c.ma:: mre:itior.; o!tm Dhrrict and h ;1,;l:ject to cli.tnJt l\iwd :ipor. \·&noui !a:ton
;u:h	5.-n:r e de\,elopme� i:-lmi or nui:ket .:o:idi.tion;

�01 8	1019 1020

-��-·

8000	�0°o
::ooo	50�o
30C!o	�o	3000
3000	.;t)Oo	3000
300,o	40�o	JOOo

°

500�	;ooo	2000
3000	.JO%	30 0
3000	�o	3000
3000	.;oo.	30° 0

City of Jacksonville
Planning and Development Department May 30, 2018 

Ordinance #201 8-335 Cypress Bluff CDD Petition
Page 3 of 8 Revised Exhibit 2 TEU - June 18, 201 8
Page 3 of 8

SUFFICIENCY AND COMPLETENESS OF PLANNING DOCUMENTATION:
The Department concludes that the planning documentation received to date is adequately sufficient and complete to permit a fair and informed consideration by City Council.

TRUTH AND CORRECTNESS OF PLANNING DOCUMENTATION:

The Petitioner has provided an executed and notarized statement, dated March 28, 201 8, claiming that the Petition is adequately true and correct to permit a fair and informed consideration by City Council.

JEA CERTIFICATION OF UTILITY INFORMATION:

The Petitioner and JEA have entered into a utility service and cost participation agreement, dated July 15, 201 5, which is included in Exhibit 5 of the Petition. 

OPINION AND RECOMMENDATION AS TO §1 90.005(1)(el, F.S.
In determining whether to grant a Local Petition for the establishment of the COD by adoption of Ordinance 201 8-335 the City Council must consider the Local Petition and the entire record of the local public hearing in light of the six (6) factors set forth in
§1 90.005( 1 )(e), F.S.

Accordingly, pursuant to §92.07, Ordinance Code, the Department is charged with providing an opinion and making recommendation on the relationship of the Petition to factors 2, 3, and 5 of §1 90.005(1 )(e), F.S. The analysis is as follows:

Factor 2
Whether the establishment of the CDD is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan?
Relationship: POSITIVE

The Department concludes that the establishment of the CDD would be consistent with any applicable element or portion of the State comprehensive plan (Chapter 1 87, F.S.) or of the City's 2030 Comprehensive Plan. The land area underlying the COD is designated as Low Density Residential (LOR) by the Future Land Use Map contained in the 2030 Comprehensive Plan (see Exhibit "4" in Petition). The entire area within the COD is zoned Residential Low Density-50 (RLD-50).

City of Jacksonville
Planning and Development Department May 30, 201 8

Ordinance #201 8-335 Cypress Bluff CDD Petition
Page 4 of 8
Revised Exhibit 2
TEU - June 18, 2018
Page 4 of 8

State of Florida Comprehensive Plan Section 1 87.201 (1 7), F.S., Public Facilities
Goa/.-Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner.

Policies.-
P rovide incentives for developing land in a way that maximizes the uses of existing public facilities.
P romote rehabilitation and reuse of existing facilities, structures, and buildings as an alternative to new construction. 
Allocate the costs of new public facilities on the basis of the benefits received by existing and future residents.
C reate a partnership among state government, local governments, and the private sector which would identify and build needed public facilities and allocate the costs of such facilities among the partners in proportion to the benefits accruing to each of them.
Encourage local government financial self-sufficiency in providing public facilities.
Identify and implement innovative but fiscally sound and cost-effective techniques for financing public facilities.
Encourage the development, use, and coordination of capital improvement plans by all levels of government.
9. Identify and use stable revenue sou rces which are also responsive to growth for financing public facilities.
Section 1 87.201 (20), F.S., Governmental Efficiency
Goa/ - Florida governments shall economically and efficiently provide the amount and quality or services required by the public.
Policies -
2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overbu rden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards.
5. Eliminate needless duplication of, and promote cooperation in , governmental activities between, among, and within state, regional, county, city, and other governmental units.
11. Encourage government to seek outside contracting on a competitive-bid basis when cost-effective and appropriate.

City of Jacksonville
Planning and Development Department May 30, 201 8

Ordinance #201 8-335 Cypress Bluff COD Petition
Page 5 of 8
Revised Exhibit 2
TEU - June 18, 2018 
Page 5 of 8

2030 Comprehensive Plan     Capital Improvements Element
Policy 1 .2.2 The City shall continue to explore the feasibility of alternative financing mechanisms to facilitate the availability of public facilities. This shall include a feasibility review of dedicating a portion of the ad valorem taxes specifically for capital improvements.
Future Land Use Element
Policy 1 .2.7 The City shall, through joint participation agreements, among federal, State, and local governments, and the private sector, as appropriate, identify and build needed public facilities, and allocate the costs of such facilities in proportion to the benefits accruing to each.
Intergovernmental Coordination Element
Goal 1 Coordinate the planning and policy making of the City with that of the surrounding municipalities, county, regional, State, federal and special authority governments to ensure consistency in development and in the provision of services and to implement the goals, objectives and policies of the 2030 Comprehensive Plan. 

Factor 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?
Relationship: POSITIVE.

This factor considers whether the land area to be served by a CDD can be serviced efficiently and effectively by one entity. Considerations include the geographic location of the land, its topography, underlying natural and political boundaries, etc. and all the foregoing considerations are interrelated. For example, a CDD found to be of insufficient size where located far from the urban services area may be of ideal size for an urban redevelopment or a commercial infill project.

As shown on the maps attached as exhibits to the Petition, the land area to be serviced by the CDD is clearly compact and contiguous to be developed as one fu nctional interrelated community.

As to the sufficiency of its size, the Department notes there is no statutory minimum or maximum size for a CDD. Sizes of previously established CDD range from large, multi­ use villages to small, single-use infill projects. Given the proposed 1 ,249.7 acres contained within the CDD, the number of residential units proposed, and its location within the Suburban Development Boundary ofthe City of Jacksonville, the Department makes a positive finding with respect to the sufficiency of the size and location.
Ordinance #201 8-335 Cypress Bluff COD Petition

City of Jacksonville
Planning and Development Department May 30, 201 8

Page 6 of 8
Revised Exhibit 2
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Based on the foregoing, the Department concludes and recommends that overall a positive finding may be made on th is factor three (3.).
Factor 5
Whether the community development services and facilities of the CDD will be incompatible with the capacity and uses of existing local and regional community development services and facilities?
Relationship: POSITIVE.

The limited services and facilities proposed to be facilitated by the COD as set forth in the Petition a re those which are standard and/or required for the types of residential development proposed (i.e., amenities, water, sewer, etc.). Accordingly, the Department deems that the infrastructu re improvements are not incompatible with the capacity and uses of existing local and regional community development services and facilities.

OTHER HELPFUL INFORMATION:
The remaining factors (see above paragraph) which the Council must consider when determining whether to grant the Local Petition to establish the COD, and a brief explanation of the Department's review and recommendation as to each are as follows:

Factor 1

Whether all statements contained within the Local Petition have been found to be true and correct?

Relationship: POSITIVE

The  Petitioner has  provided  an executed  and  notarized· statement claiming  that the Petition is true and correct. Notwithstanding, the Council is not bound by these findings and may find the statements, attachments and documentation are incomplete and/or insufficient to permit fair debate, or are not adequately truthful and correct so as to permit informed consideration. 
Factor 4

Whether the CDD is the best alternative for delivering the community development services and facilities to the area that will be served by the CDD?
Relationship: POSITIVE.
This factor provides the Council with discretion concerning whether to grant the Petition and establish the COD. Proper consideration of this factor requires that the Council consider the prospect of the COD providing certain proposed systems and facilities to service the underlying development against other available alternatives including those both public (e.g. City's creation of a dependent special district or Municipal Service Benefit Unit, etc.) and private (e.g. homeowners association, developer funding , etc.) The
Ordinance #201 8-335

City of Jacksonville
Planning and Development Department May 30, 2018 

Cypress Bluff CDD Petition
Page 7 of 8
Revised Exhibit 2
TEU - June 18, 201 8
Page 7 of 8

Department considered these alternatives in relation to the benefits to the City and to the intended residents; the benefit to the Petitioner is presumed .

The Department has determined the CDD is the best alternative to the City and intended residents for servicing the development. Given the information provided to date, the Department does not have concerns about the establishment of the proposed CDD.

Factor 6
Whether the area that will be served by the CDD is amenable to separate special-district government?
Relationship: POSITIVE.

This factor considers the land area viewed in relation as to whether it will be governed efficiently by a separate special district, the CDD. The Department finds the land area is amenable to separate special district government. Therefore, the Department makes a positive finding on this factor because the development is an autonomous, residential development contained solely on contiguous parcels.
CONSENT TO SPECIAL POWERS.
The petition does not state whether any special powers set forth at §190.012, F.S., will be sought but it would not appear the CDD's planned activities would involve any such powers initially. Assuming the CDD board decides to request to exercise these powers at some later date, the City will take same up at that time pursuant to Chapter 92, City of Jacksonville Ordinance Code.

City of Jacksonville
Planning and Development Department May 30, 2018 

Ordinance #201 8-335 Cypress Bluff CDD Petition
Page 8 of 8
Revised Exhibit 2
TEU - June 18, 2018 
Page 8 of 8

'      . !-	.r

ORDINANCE 20 1 8-335-E

C "ER TI FI CA TE  OF  AUTHE NTI CATIO N ENACTED BY THE COUNCIL
June 26, 2018 

COUNCIL PRESIDENT

. ' ,fl·�'l .Qv-,4

JUN 2 9 2018 

ATTEST:

APPROVED:  	

LENNY CURRY, MAYOR