ORDINANCE 2023-09 ESTABLISHING THE COQUINA SHORES COMMUNITY DEVELOPMENT DISTRICT (CDD) APPLICATION NO. 5415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, ESTABLISHING THE COQUINA SHORES COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING THE INITIAL BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE WHEREAS, the JX Palm Coast Land, LLC (“Petitioner”) has petitioned the City Council for the City of Palm Coast, Florida (“City”) to adopt an ordinance establishing the boundaries of the Coquina Shores Community Development District (“District”) pursuant to Chapter 190, Florida Statutes on land Petitioner owns, and granting certain special powers; and WHEREAS, the City, in determining whether to establish the District boundaries, has considered and finds that all statements contained in the Petition to Establish the Coquina Shores Community Development District (“Petition”) are true and correct; and WHEREAS, the City has considered and finds that the establishment of the District is not inconsistent with any applicable element or portion of the City of Palm Coast’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 is consistent with the state comprehensive plan and the City Comprehensive Plan; and Ordinance 2023-09 Page 1 of 6 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, BE IT ORDAINED BY THE CITY COUNCIL OF PALM COAST, FLORIDA, THAT THE DISTRICT IS HEREBY ESTABLISHED AS FOLLOWS: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Council of the City of Palm Coast. 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. DISTRICT NAME. There is hereby created a community development district situated entirely within incorporated Palm Coast, Florida, which District shall be known as the “Coquina Shores Community Development District.” SECTION 4. EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District are described in Exhibit A attached hereto, and consist of 505.62 acres. SECTION 5. FUNCTIONS AND POWERS. The powers and functions of the District are described in Chapter 190, Florida Statutes (2022), as may amended from time to time. The Charter of the District shall be set forth in Chapter 190, Florida Statutes, as created by general law. The District’s Board of Supervisors may further exercise certain additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (a) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (b) security, including but not limited to, guardhouses, fences, and gates, electronic intrusion-detection systems, and patrol cars, when authorized by applicable governmental agencies; except that the District may not exercise any police power, but may contract with the City for an increased level of such services within the proposed District boundaries, all as authorized and described by Section 190.012(2), Florida Statutes. The District will not have or exercise any zoning or development permitting powers governing land development or the use of land as provided in Fla. Stat. 190.002(3). SECTION 6. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the District’s Board of Supervisors are: Blaz Kovacic, Aaron Lyman, Danielle Ordinance 2023-09 Page 2 of 6 Simpson, Joseph Wright, and Christopher Hill. All of the above-listed persons are residents of the State of Florida and citizens of the United States of America. SECTION 7. 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 8. 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 9. CONFLICTS. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 10. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and adoption. APPROVED on First Reading the 18th day of July 2023. ADOPTED on Second Reading after due public notice and hearing this 1st day of August 2023. ATTEST: CITY OF PALM COAST, FLORIDA (Stamp comment City Seal APalmer 8/2/2023 2:23:30 PM blank) _________________________________ DAVID ALFIN, MAYOR (Stamp comment New Stamp APalmer 8/2/2023 2:24:33 PM blank) KALEY COOK, CITY CLERK APPROVED AS TO FORM AND LEGALITY (Stamp comment Neysa Blue Signature APalmer 8/2/2023 2:23:52 PM blank) NEYSA BORKERT, CITY ATTORNEY Attachments: Exhibit A - Legal Description Ordinance 2023-09 Page 3 of 6 Exhibit A -Legal Description Ordinance 2023-09 Page 4 of 6 Ordinance 2023-09 Page 5 of 6 Ordinance 2023-09 Page 6 of 6