Approved			Mayor	Agenda Item No.  Veto	 	
Override	 	

ORDINANCE NO.	 	

ORDINANCE GRANTING PETITION OF LENNAR HOMES, LLC., FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT GENERALLY BOUNDED ON THE NORTH BY SW 288 STREET, ON THE EAST BY SW 167 AVENUE, ON THE SOUTH BY THEORETICAL SW 293 STREET, AND ON THE WEST BY SW 172 AVENUE; CREATING AND ESTABLISHING BISCAYNE DRIVE ESTATES COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED 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 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(e) 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, Lennar Homes, LLC., a Florida Company o      s petitioned for the establishment of the Biscayne Drive Estates Community Development District (
and

WHEREAS, a public hearing has been conducted by the 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

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

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 the community development services and facilities to the area that will be served by the District; and

WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and
WHEREAS, the area that will be served by the District is amenable to separate special district government; and
WHEREAS, the owner of the properties that are 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 lots or 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
WHEREAS, having made the foregoing findings, after a public hearing, the 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 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,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
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 District over the real property described in the

Petition attached hereto, which was filed by the Petitioner on July 26, 2021, 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 in the certified

metes and bounds legal description attached hereto and incorporated herein as Exhibit B to the Ordinance. The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated as Exhibit C.
Section 4.      The initial members of the Board of Supervisors shall be as follows:

Yadira Monzon Vanessa Perez
Maria Carolina Herrera Teresa Amaris Baluja Carmen Beatriz Orozco

Section 5.	Biscayne Drive Estates Community

Section 6.	The 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

Biscayne Drive Estates Community Development District shall be sections 190.006 through 190.041, Florida Statutes.

Section 8.	The Board of County Commissioners hereby grants to the 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 Board of County Commissioners hereby grants to the 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- 
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 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 District, nor any default thereon,

shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Board of County Commissioners.
Section 12.	Notwithstanding any power granted to the District pursuant to this

Ordinance, neither the District nor any real or personal property or revenue in the district shall,

the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, 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 District pursuant to this

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 the Declaration of Restrictive Covenants

proffered by the owner of the lands within the jurisdiction of the District, in connection with the petition submitted by the Petitioner 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:

________

Approved by County Attorney as to form and legal sufficiency:

Prepared by: Michael	Mastrucci