PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO:        Honorable Chairman and                               DATE:    8/12/02              FILE:   GM02-1225

Members of the Board of

County Commissioners

THRU:    Bipin Parikh, P.E.                                           SUBJECT:  Adoption of Ordinance Affirming

Assistant County Administrator                                          and Ratifying Ordinance No. 02-05

(Development Services)                                                    and Establishing the Boundaries of

Meadow Pointe III Community

Development District

Meeting Date:  8/20/02, 9:30 a.m., DC

FROM:   Samuel P. Steffey II                                        REFERENCES:    Comm. Dist. 2; Planning Dist. 5

Growth Management Administrator                                           

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

On September 12, 2000, the Board adopted Ordinance No. 00-16 establishing the Meadow Pointe III Community Development District (CDD) pursuant to the Uniform Community Development District Act of 1980, Florida Statutes, Chapter 190.  The primary landowner and developer is Wesley Chapel Lakes, Ltd., a Florida Corporation.

On November 26, 2001, representatives for Wesley Chapel Lakes, Ltd., submitted a petition to the Growth Management Department to expand the boundaries of the Meadow Pointe III CDD pursuant to the Uniform Community Development District Act of 1980, Florida Statutes, Chapter 190.  The original Meadow  Pointe III CDD was approximately 957 acres in size and located in Southeast Pasco County, approximately three miles east of the intersection of County Line Road and C.R. 581.  The proposed district is designed as an MPUD Master Planned Unit Development with residential and commercial uses.  CDD expansion proposed to incorporate an additional 61.35 acres which expanded the CDD boundaries to a total of 1,018.35 acres.

On March 12, 2002, the Board adopted Ordinance No. 02-05 amending Ordinance No. 00-16 to expand the boundaries of the Meadow Pointe III CDD pursuant to Chapter 190, Florida Statutes, describing the expanded boundaries of the district and providing for severability and an effective date.  It was subsequently discovered by the petitioner after the March 12, 2002, public hearing, that due to an error by the petitioner, the metes and bounds legal description in Exhibit "A" to the adopted ordinance inadvertently omitted the legal description for "Parcel G."

On March 20, 2002, representatives for Wesley Chapel Lakes, Ltd., submitted a petition to the Growth Management Department, a copy of which is attached, to attach the corrected metes and bounds legal description for Parcel "G" to the approving ordinance.  The petitioner requested that the Board authorize and direct the Clerk's Office to attach the corrected legal description to Ordinance No. 02-05 adopted by the Board on March 12, 2002.

On April 2, 2002, the Board authorized and directed the Clerk's Office to attach the legal description for "Parcel G" to Ordinance No. 02-05 on the condition that the petitioner, at its expense, prepare and appropriately advertise a new ordinance which affirms and ratifies Ordinance No. 02-05 and the boundaries of Meadow Pointe III CDD as expanded.

On August 2 and 14, 2002, the petitioner placed the required advertisement noticing the public hearing for the adoption of the attached ordinance affirming and ratifying Ordinance No. 02-05 and the boundaries of the Meadow Pointe III CDD as expanded.  The petitioner now requests that the Board adopt the attached ordinance.

CDD is an independent unit of special-purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate, and maintain community-wide infrastructure in large planned community developments.  The Meadow Pointe III CDD plans to provide the following facilities and services:  1) roads; 2) water, wastewater, and reclaimed water; and 3) surface-water management.  CDD will impose special assessments on properties within its boundaries to finance the infrastructure, the district funds, and to defray the costs of operating and maintaining that infrastructure and the associated facilities.

ALTERNATIVES AND ANALYSIS:

1. Adopt the ordinance affirming and ratifying Ordinance No. 02-05.

2. Adopt modifications to the ordinance affirming and ratifying Ordinance No. 02-05.

3. Elect not to adopt the ordinance and thereby delay the petitioner's request.

4. Direct staff as to another course of action.

RECOMMENDATION AND FUNDING:

The Growth Management Department staff recommends that the Board approve Alternative No. 1, authorize the Chairman to execute the five originals of the ordinance provided, and direct Secretarial Services to distribute the contracts as follows:  one original to be retained by Secretarial Services and four originals to be returned to the Growth Management Administrator for distribution to the appropriate parties.  In addition, the Growth Management Department staff requests that Secretarial Services distribute a copy of the official acknowledgment from the Florida Department of State to the Growth Management Department.

No funding is required for this action.

ATTACHMENTS:

1. Location Map

2. Ordinance (Five Originals)

SPS/KHT/gm/meadpt23

APPROVED AGENDA ITEM FOR

DATE

BY