OFFICIAL FILE COPY
cu .ax:OF THE BOA.al)
OF C:OVNTY CO!rlMJSSlONERS
MJAMI-DADECOUNTY, TLOJUDA

(Public Hearing 7-1-08)
Da :	June 3, 2008

Agenda Item No. 5(C)

To:	Honorable Chairman Bruno A Barreiro

Memorandum  mMImAMI-a

and Members, Board of County Commissioners

From:

George M. B u!®
County Man

Ordinance No. 08-76

Subject:

Ordinance Creating the Venetian Pare Community Development District (Commission District No. 9)

Recommendation

It is recommended that the Board of County Commissioners (BCC) adopt the attached Ordinance creating the Venetian Pare Community Development District (COD), lying wholly within unincorporated Miami-Dade County, pursuant to the authority granted by the Miami-Dade County Home Rule Charter for the purposes set forth in Chapter 190 of the Florida Statutes, subject to acceptance of the declaration of restrictive covenants running with the lands within the jurisdiction of the COD.

Scope

This COD is located within Commission District 9 and will provide funding for capital improvements as well as multipurpose maintenance functions within the COD.

Fiscal Impact/Funding Source

The creation of the Venetian Pare Community Development District will have no fiscal impact to Miami-Dade County other than normal maintenance of public roads, drainage, and water and sewer facilities dedicated to Miami-Dade County. COD funding is provided by private COD liens and assessments against affected property and may be collected privately or through the annual Combined Real Property tax bill pursuant to an interlocal agreement with Miami-Dade County.

Track Record/Monitoring

Public roads and other public infrastructure, including water and sewer in the private road areas within this development are to be maintained by Miami-Dade County. Private roadways, private area storm drainage, and certain landscape areas within public roadways and landscaped tracts will be maintained by Homeowners Associations or the COD. A special taxing district will be created to maintain these areas and infrastructure should the COD be dissolved or fails to fulfill these maintenance obligations. The special taxing district will remain dormant until such time as Miami­ Dade County determines that the COD is not providing service and adopts the special taxing district's assessment roll resolution.

CDDV\ ENETIAN PARCcooM.EMO-O m-vv
)nQ/2008

Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners Page 2

Background

Quantum Ventures, LLC, owner of the Venetian Pare Development (Venetian Pare), has filed an application to create this COD in connection with said development. Venetian Pare is a proposed
121.82 acre residential development lying wholly within unincorporated Miami-Dade County, in an area bounded by SW 149th Avenue on the east, theoretical SW 1781h Street on the south, SW 1571h Avenue on the west, and theoretical SW 173rd Street on the north. The CDD is designed to provide a financing mechanism for community infrastructure, facilities and services, along with certain ongoing operations  and  maintenance  for Venetian Pare.	The development plan for the lands within the proposed COD includes construction of 418 single-family residential units and 186 townhomes with associated roadway, earthwork, storm drainage and water and sewer facilities estimated to cost approximately $17.000 Million.	A detailed summary of COD elements, as well as their cost and anticipated lack of fiscal impacts to government agencies, is presented in the attached application submitted by Quantum Ventures, LLC. In accordance with Florida Statute 190, Quantum Ventures, LLC has paid a filing fee of $15,000 to the County.

A declaration of restrictive covenants has been submitted consistent with the requirements of Resolution R-413-05 adopted by the Board on April 5, 2005, and as amended by Resolution No. R- 883-06, adopted on July 18, 2006, to add language regarding the option to pay capital assessments in full at time of closing. The restrictive covenant provides for notice in the public records of the projected taxes and assessments to be levied by the COD for the first three (3) years of its' operation, individual prior notice to the initial purchaser of a residential lot or unit within the development, and provisions for remedial options to initial purchasers whose contract for sale did not include timely notice of the existence and extent of CDD liens and special assessments.

The BCC is authorized by the Florida Constitution and the Miami-Dade County Home Rule Charter to establish governmental units such as this COD within Miami-Dade County and to prescribe such government's jurisdiction and powers.

/j	
Assistant County Manager

CDDl\fE!',lf;TIANPARC CDD IBMO.GMB-VV
3/20/lOOS

MEMORANDUM
(Revised)

TO:	Honorable Chairman Bruno A. Barreiro

FROM ;

and Members, Board of County Commissioners

County Attorney

DATE:	July· 1, 2008

SUBJECT:	Agenda Item No. 5(C)

Please note any items checked.

"4-Day Rule" ("3-Day Rule" for committees) applicable if raised

 		6 weeks required between first reading and public hearing

 		4 weeks notification to municipal officials required prior to public hearing

 		Decreases revenues or increases expenditures without balancing budget

 		Budget required

 		Statement of fiscal impact required

 		Bid waiver requiring County Manager's written recommendation

 		Ordinance creating a new board requires detailed County Manager's report for public hearing

Housekeeping item (no policy decision required) No committee review

Approved 			..1Ml'..!.a!;!.y o r Veto	 	
Override   	

Agenda Item No. s(c)
7-1-08

ORDINANCE NO.	 	08-76	

A

ORDINANCE GRANTING PETITION OF QUANTUM VENTURES LLC,		("PETITIONER")		FOR		ESTABLISHMENT	OF COMMUNITY	DEVELOPMENT	DISTRICT;  CREATING	AND ESTABLISHING		VENETIAN			PARC		COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND	BOUNDARIES;		PROVIDING	INITIAL	MEMBERS		OF BOARD		OF		SUPERVISORS;		ACCEPTING		PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community
development; and
WHEREAS, Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter grants the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article VIII, Section 6(1) of the Florida Constitution provides for exclusive

County Charter authority to establish all governmental units within Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
WHEREAS, Quantum Ventures, LLC, ("Petitioner") has petitioned for the establishment

of the Venetian Pare Community Development District (the "District"); and

WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County  Commissioners  in  accordance  with   the   requirements   and   procedures   of Section 190.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and

Agenda Item No. s(c) Page 2

WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering community development facilities and services to the area that will be served by the District; and WHEREAS, the proposed facilities and services to be provided by the District will be compatible with the capacity and uses of existing local and regional community development
facilities and services; and

WHEREAS, the area that will be served by the District is amenable to separate special­ district government; and
WHEREAS, the owner of the property that is to be developed and served by the community development services and facilities to be provided by the District has submitted an executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential units with notice of liens and assessments applicable to such parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner; and

Agenda Item No. 5(c) Page 3

WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190, Florida Statutes; and
WHEREAS, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that:
Section 1. The foregoing findings, which are expressly set forth herein, are hereby adopted and made a part hereof.
Section 2. The Petition to establish the Venetian Pare  Community  Development District over the real property described in the Petition attached hereto, which was filed by Quantum Ventures, LLC, a Florida limited liability company, on February 29, 2008, and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the  Petition is attached and incorporated herein as Exhibit A.
Section 3. The external boundaries of the  District  shall  be  as  depicted  on  the location map attached hereto and incorporated herein as Exhibit B.

Section 4.

Section 5.

The initial members of the Board of Supervisors shall be as follows:

Angel Valdes Daniel Herran Emiliano Herran Jose Garcia Montes Yuthit Baez
The name of the District shall be the "Venetian Pare Community

Development District."

Agenda Item No. s(c) Page 4

Section 6.	The Venetian Pare Community Development District is created for the

purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the Venetian Pare Community Development District shall be Sections 190.006 through 190.041, Florida Statutes.
Section 8.    The Miami-Dade County Board of County Commissioners  hereby grants  to the Venetian Pare Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such general powers.
Section 9.    The Miami-Dade  County Board of County Commissioners hereby grants  to the Venetian Pare Community Development District the special powers authorized pursuant to Section 190.012 (1), Florida Statutes and Sections 190.012 (2) (a) (d) and (f), (except for powers regarding waste disposal), Florida Statutes and Section 190.012 (3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such special powers; provided that the District's exercise of power under Section 190.012(1)(b), Florida Statutes, pertaining to water, waste water and reuse water services shall be pursuant to that Declaration of Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section 10. All bonds issued by the Venetian Pare Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 11. No bond, debt or other obligation of the Venetian Pare Community Development District, nor any default thereon, shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Miami-Dade
Board of County Commissioners.
7

Ordinance No. 08-76
Agenda Item No. s( c) Page 5

Section 12. Notwithstanding any power granted to the Venetian Pare Community Development District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, or special taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13. Notwithstanding any power granted to the Venetian Pare Community Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.
Section 14. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owners of the lands within the jurisdiction of the Venetian Pare Community Development District, in connection with the petition submitted by Quantum Ventures, LLC, and approved herein.
Section 15.	If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.
Section 17. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

PASSED AND ADOPTED: July 1, 2008

Approved by County Attorney as to form and legal sufficiency:

Gerald T. Heffernan