05-001 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
ORDINANCE NO. 05-~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ESTABLISHING THE
MONTEREY/CONGRESS COMMUNITY
DEVELOPMENT DISTRICT; ESTABLISHING THE
BOUNDARIES OF THAT DISTRICT; APPOINTING
THE INITIAL BOARD OF SUPERVISORS;
PROVIDING FOR POWERS OF THE BOARD;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, on July 29, 2004, Westbrooke Homes submitted a petition to the
City for the creation of a community development district to be known as the
Monterey/Congress Community Development District ("District"), in accordance with
Section 190.005(2), Florida Statutes; and
WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part
hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and
WHEREAS, a public hearing on the petition was conducted by the City
!Commission on January 4, 2005, at City Hall in accordance with the requirements of
I Sections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and
WHEREAS, the City Commission has reviewed the six (6) factors set forth in
Section 190.005(1)(e) and the record of the public heating held on January 4, 2005, in
making its determination as to whether to grant or deny the establishment of the
Monterey/Congress Community Development District; and
WHEREAS, the City Commission has determined that:
1. That all statements contained within the Petition have been found to be
true and correct.
S:\CA\Ordina nces\Plan ning\CDD Monterey-Congress.doc
Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
2. That the creation of the District is not inconsistent with any applicable
element or portion of the State Comprehensive Plan or of the effective local government
comprehensive plan.
3. That the land within the proposed District is of sufficient size, sufficiently
compact and sufficiently contiguous to be developable as one functional interrelated
community.
4. That the creation of the District is the best alternative available for
delivering the community development services and facilities to the lands within the
District boundaries.
5. That the proposed services and facilities to be provided by the District are
not incompatible with the capacity and uses of existing local and regional community
services and facilities.
6. That the area identified in the Petition is amenable to be included in the
proposed District; and
WHEREAS, the City Commission has determined that the creation of the
Monterey/Congress Community Development District would be consistent with the
criteria for community development districts as set forth in the Uniform Community
Development District Act of 1980,Chapter 190, Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and herein
incorporated by this reference.
S:\CA\Ordinan ces\Plan ning\CDD Monterey-Congress.doc
Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
Section 2. In accordance with the provisions of Chapter 190, Florida Statutes,
Ihe City Commission of the City of Boynton Beach, Florida hereby establishes a
:ommunity development district as follows:
CREATION AND NAME: There is hereby created a Community Development
District to be known as MONTEREY/CONGRESS COMMUNTY DEVELOPMENT
DISTRICT.
LEGAL DESCRIPTION: The legal description for the Community Development
District is attached hereto and incorporated herein by reference in attachment 2 to the
Petition which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting
the land area to be serviced by the District is attached to this Ordinance as Exhibit "B"
and incorporated herein by reference.
BOARD OF SUPERVISORS: The initial Board of Supervisors are as f611ows.
Their terms, powers and duties are as described in Chapter 190, Florida Statues:
(a) Harold Eisneacher
(b) David Webber
(c) Russell Barnes
(d) Michael DeBock
(e) Claudia Feldman
Section 3. The Board of Supervisors shall have only such powers as set forth
in Florida Statutes 190.011 and 190.012.
Section 4. That any individuals who purchase property in the District should
be advised of the existence of the District, as well as the costs associated with owning
property within the District.
S:\CA\Ordina nces\Plan ning\CDD Monterey-Congress.doc
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 5. That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 6. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
!nvalid, such decision shall not affect the remainder of this ordinance.
Section 7. Authority is hereby granted to codify said ordinance.
Section 8.
FIRST READING this
SECOND READING
kTTEST:
This ordinance shall become effective immediately upon passage.
~ day of ,.JO.~ct,~r-,~ ,2005.
and FINAL PASSAGE this I ~ day of
CITY OF BOYNTON BEACH, FLORIDA
!lerk
ress.doc
Page 4 of 4
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
IN RE:
AN ORDINANCE TO ESTABLISH
THE MONTEREY/CONGRESS COMMUNITY
DEVELOPMENT DISTRICT
)
)
)
PETITION
WESTBROOKE HOMES, A Florida general partnership (the "Petitioner"), hereby
petitions the City Commission of the City of Boynlon Beach, Florida, pursuant to the "Uniform
Community Development District Act of 1980," Chapter 190, Florida Statutes, as amended and
supplemented (herein, the "Act). Specifically this Petition is made pursuant to Section
190.005(2) of the Act, to establish a community development district with respect to the lands
described herein. In support of the Petition, Petitioner states:
1. The proposed District (as defined below) is located within the incorporated area
of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed
District. The proposed District covers approximately 31.5 +/- acres of land. The real property
within the boundary of the proposed District is a parcel of land located on Congress Avenue
North of Summit Boulevard. The metes and bounds description of the external boundaries of
the District is set forth on Exhibit 2.
2. Attached to this Petition as Exhibit 3 and made a part hereof is the written
consent to the establishment of the District of the owner of 100% of the real property to be
included in the District.
3. The five persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
Name
Harold Eisenacher
David Webber
Russell Barnes
Michael DeBock
Claudia Feldman
4. The proposed name of the District to be established is the Monterey/Congress
Community Development District ("the Districf).
5. There are no existing major trunk water mains, sewer interceptors and outfalls.
6. The proposed timetable for the construction of District services is shown on
Exhibit 4, as well as the estimated cost of constructing the services. This is a good faith
estimate but is not binding on the Petitioner and the District and is subject to change.
7. The future general distribution, location and extent of public and private uses
within the District are limited to residential sites and open space. The proposed uses are
consistent with the future land use plan element of the Comprehensive Plan of the City of
WPB-fS1\SANFORDS\502177v02\6128104\99903.426594
€f.N 1611 '-\ fi II
Boynton Beach, Florida (the .City"). The future land use map is shown on Exhibit 5. The land
within the proposed District is zoned for high density residential use. It is further anticipated that
the subject lands will be permitted to be developed for approximately 300 townhomes ranging in
approximate square footage of 1,131 to 1,536 with prices ranging from $180,000 to $225,000.
The Petitioner intends that the District will finance (i) surface water management and control
systems, (ii) water distribution and wastewater collection and transmission facilities, (iii)
wetlands mitigation, (iv) offsite turn lanes, (vi) offsite placement of certain utilities, and (v)
related incidental costs which may include the acquisition of real property (collectively, the
.Public Infrastructure"). Upon completion by the Petitioner of the water distribution and
wastewater collection and transmission facilities and acquisition by the District, such facilities
will be dedicated to the City to be connected to the City's existing water and wastewater lines.
8. Exhibit 6 is a statement of estimated regulatory costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
9. Petitioner hereby requests that the proposed District be granted the right to
exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional
powers listed in Section 190.012(2)(a) and (d).
10. The Petitioner is Westbrooke Homes, a Florida general partnership. The
Petitioner is acting on behalf of itself as a landowner, which owns 100 percent of the real
property to be included in the proposed District. Petitioner will develop the land within the
District, including the construction of the Public Infrastructure, which will be acquired by the
District. It is contemplated that the vertical improvements on the developed lots will be
constructed by the Petitioner and possibly other builders. Copies of all correspondence and
official notices should also be sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, PA,
777 South Flagler Drive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City's
Comprehensive Land Use Plan, as amended.
(b) The area of land within the proposed District is of sufficient size and is sufficiently
compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (i) the District provides a
governmental entity for delivering those services and facilities in a manner that does not
financially impact persons residing outside the District, (ii) the Act authorizes a community
development district to acquire infrastructure improvements previously constructed by the
Petitioner or allows for a community development district to, in the first instance, construct such
infrastructure improvements, (iii) the timing for the creation of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction and
acquisition of such infrastructure improvements which will result in direct benefit to the
landowners and their assigns within the District, (iv) establishment of a community development
WPB-FS1\$ANFORD$\502177v04\7121/04\25443.010900
2
district in conjunction with a comprehensive planned community, as proposed, allows for a more
efficient use of resources as well as providing the opportunity for new growth to pay for itself,
and (v) establishment of the District will provide a perpetual entity capable of making reasonable
provisions for the operation and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to
real property to be undertaken by the District as required by Section 190.009 and Section
190.048, Florida Statutes of the Act, as amended.
[Remainder of page intentionally left blank]
WPB-FS1\SANFORDS\502177V04\7f21104\25443.010900
3
WHEREFORE, Petitioner respectfully requests the City Commission of Boynton Beach,
Florida to:
Hold a public hearing as required by Section 190.005(1)(d), Florida Statutes to consider
the establishment of the Monterey/Congress Community Development District; and
Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Monterey/Congress Community Development District.
Respectfully submitted this .Jqi/\ day of July, 2004.
WESTBROOKE HOMES, a Florida general
partnership, as Petitioner
By: WESTBROOKE COMPANIES, INC., a
Delaware corporation and general partner
By: dltJw~
Name: David Webber
Title: Vice President
Wpa...fS1\SANF0RDSl5021n~\7121104\25443.010900
4
LAND DESCRIPTION
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
CITY OF BOYNTON BEACH
PALM BEACI-I COUNTY, FLORIDA
Being a parcel of land in a portion of the southwest one-quarter (sw 1/4) of section 5,
township 46 south, range 43 east, Palm Beach County, Florida, being more particularly
described as follows:
Commencing at the southwest comer of said section 5;
THENCE run north (the west line of section 5 is assumed to bear north-south and all
other bearings are relative thereto) along the west line of said section 5, a distance of
110.00 feet to a point;
THENCE run south 890 48 minutes 45 seconds east, a distance of 53.00 feet to a point
on the east right-of-way line of congress avenue and the point of beginning of the herein
described parcel;
THENCE continue on the preceding described course, a distance of 1460.21 feet to a
point in the westerly right-of way line of the seaboard coast line railroad;
THENCE run north 18021 minutes 59 seconds east, along westerly right-of-way line, a
distance of 607.01 feet;
THENCE north 890 58 minutes 02 seconds west, a distance of 891.35 feet;
THENCE north 000 01 minutes 58 seconds east, a distance of 390.75 feet;
THENCE north 48035 minutes 55 seconds west, a distance of 407.05 feet;
THENCE north, a distance of 232.00 feet;
THENCE west, a distance of 455.00 feet, more or less, to the said easterly right-of-way
line of congress avenue;
THENCE south along said right-of-way line; a distance of 1463.76 feet to the point of
beginning. Said parcel subject to the following:
LESS AND EXCEPT:
The north 21.34' of the 131.34 right-of-way for lake worth drainage district lateral canal
1-30 as described in chancery case #407, as recorded in official records book 6495, at
page 761, and the official records book 6495, at page 1165, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A right-of~way over the westerly 80 feet of the easterly 190 feet (as measured at right
angles to) thereof for the Lake Worth Drainage District Canal No. e- 3-1/2, as recorded in
official records book 1803, at page 254, of the public records of Palm Beach County,
Florida.
Further less and except right~of-way for congress avenue conveyed to palm beach county
by deed filed in official records book 5430, at page 1725. and as described in order of
taking filed in official records book 7322, at page 262, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A parcel of land lying in section 5, township 46 south, range 43 east, Palm Beach County,
Florida, said land being more particularly described as follows:
Commencing at the southwest comer of said section 5;
THENCE with a bearing of nOOoOO'OO"e along the west line of said section 5, for a
distance of 110.00 feet to a point;
THENCE with a bearing of s89048'45"e along a line lying 110.00 feet north of and
parallel to the south line of said section 5, for a distance of 1397.43 feet to a point;
THENCE with a bearing of n1802l '59"e, along the east line of 80 foot right~of~way for
Lake Worth Drainage District Canal No. e-3 1/2 os recorded in official records book
1803, page 254 of the public records of Palm Beach County, Florida and also the west
line of 110 foot Florida Power and Light Company easement as recorded in official
records book 602, page 623 of the public records of Palm Beach County, Florida, for a
distance of 158.79 feet to the point of beginning:
THENCE continue with a bearing of nI8021'59'e, along the east line of said 80 foot right-
of-way for Lake Worth Drainage District. Canal No. e-3 1/2 and also the west line of said
110 foot Florida Power and Light company easement, for a distance of 26.53 foot to a
point;
THENCE with a bearing of s63028'06'e, for ,a distance of 32.44 feet to a point;
THENCE with a bearing of sI2034"28"w, for a distance of9.58 feet to a point;
THENCE with a bearing of s87049'54"w, for a distance of 35.32 feet more or lees, to the
point of beginning.
Containing 590 square feet (0.014 acres, more or less. and subject to easements,
reservations. restrictions and right-of-way of record.
Said lands lying in the city of Boynton Beach. Palm Beach County. Florida and
containing 1.370,970 square feet (31.473 acres) more or less.
EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
On this,g'{llt day of July, 2004, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, David Webber, who, after being duly sworn,
deposes and says:
1. Affiant, David Webber, an individual, is a Vice President of Westbrooke
Companies, Inc., a Delaware corporation (the "Company").
2. The Company is the general partner of Westbrooke Homes, a Florida general
partnership (herein,. the "General Partnership").
3. The General Partnership is the owner of the following described property, to
wit:
4.
See Exhibit "A" attached hereto (the "Property").
Affiant, David Webber, hereby represents that he has full authority to execute
all documents and instruments on behalf of the General Partnership,
including the Petition before the City Commission of the City of Boynton
Beach, Florida, to enact an ordinance to establish the Monterey/Congress
Community Development District (the "Proposed CDD").
The Property represents all of the real property to be included in the
Proposed CDD.
Affiant, David Webber, on behalf of the General Partnership, as the sole
owner of the Property in the capacity described above, hereby consents to
the establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
5.
6.
~~~
David Webber
Subscribed and sworn to before rne this ;;rj~ day of July, 2004, by David Webber, a
Vice President of Westbrooke Companies, Inc., a Delaware corporation, the general partner oJ
. Westbrooke Homes, a Florida general partnership, who personally appeared before me, Ill'1s
personally known to me or 0 produced as identification.
(NOTARIAlSEAlI t:.;:.'(;.~A~
Notary Public, State of Florida
My Commission Expires:
5/........ MoriIyn M.--..
. . MY~D0213071
'l'..~ _.Mo 21, 2007
WPB-FS1\$ANFORDS\502177v04\7121J04\25443.010900
EXHIBIT" A"
LAND DESCRIPTION
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
Being a parcel of land in a portion of the southwest one-quarter (sw 1/4) of section 5,
townslrip 46 south, range 43 east, Palm Beach County, Florida, being more particularly
described as follows:
Commencing at the southwest comer of said section 5;
THENCE run north (the west line of section 5 is assumed to bear north-south and all
other bearings are relative thereto) along the west line of said section 5, a distance of
11 0.00 feet to a point;
THENCE run south 890 48 minutes 45 seconds east, a distance of 53.00 feet to a point
on the east right-of-way line of congress avenue and the point of beginning of the herein
described parcel;
THENCE continue on the preceding described course, a distance of 1460.21 feet to a
point in the westerly right-of way line of the seaboard coast line railroad;
THENCE run north 18021 minutes 59 seconds east, along westerly right-of-way line, a
distance of 607.0 I feet;
THENCE north 890 58 minutes 02 seconds west, a distance of 891.35 feet;
THENCE north 000 01 minutes 58 seconds east, a distance of 390.75 feet;
THENCE north 480 35 minutes 55 seconds west, a distance of 407.05 feet;
THENCE north, a distance of232.00 feet;
THENCE west, a distance of 455.00 feet, more or less, to the said easterly right-of-way
line of congress avenue;
THENCE south along said right-of-way line; a distance of 1463.76 feet to the point of
beginning. Said parcel subject to the following:
LESS AND EXCEPT:
The north 21.34' of the 131.34 right-of-way for lake worth drainage district lateral canal
1-30 as described in chancery case #407, as recorded in official records book 6495, at
page 761, and the official records book 6495, at page 1165, of the public records of Palm
Beach County, Florida..
Page 1 of3
LESS AND EXCEPT:
A right-of-way over the westerly 80 feet of the easterly 190 feet (as measured at right
angles to) thereof for the Lake Worth Drainage District Canal No. e-3-1/2, as recorded in
official records book 1803, at page 254, of the public records of Palm Beach County,
Florida.
Further less and except right-of-way for congress avenue conveyed to palm beach county
by deed filed in official records book 5430, at page 1725, and as described in order of
taking filed in official records book 7322, at page 262, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A parcel of land lying in section 5, township 46 south, range 43 east, Palm Beach County,
Florida, said land being more particularly described as follows:
Commencing at the southwest corner of said section 5;
THENCE with a bearing of nOOoOO'OO"e along the west line of said section 5, for a
distance of 110.00 feet to a point;
THENCE with a bearing of s89048'45"e along a line lying 110.00 feet north of and
parallel to the south line of said section 5, for a distance of 1397.43 feet to a point;
THENCE with a bearing ofnI8021'59"e, along the east line of80 foot right-of-way for
Lake Worth Drainage District Canal No. e-3 1/2 os recorded in official records book
1803, page 254 of the public records of Palm Beach County, Florida and also the west
line of 110 foot Florida Power and Light Company easement as recorded in official
records book 602, page 623 of the public records of Palm Beach County, Florida, for a
distance of 158.79 feet to the point of beginning:
THENCE continue with a bearing ofn18021'59'e, along the east line of said 80 foot right-
of-way for Lake Worth Drainage District. Canal No. e-3 1/2 and also the west line of said
110 foot Florida Power and Light company easement, for a distance of 26.53 foot to a
point;
THENCE with a bearing of s6302S'06'e, for ,a distance of 32.44 feet to a point;
THENCE with a bearing of sI2034"2S"w, for a distance of9.58 feet to a point;
THENCE with a bearing ofs87049'54"w, for a distance of35.32 feet more or lees, to the
point of beginning.
Page 2 of3
Containing 590 square feet (0.014 acres, more or less, and subject to easements,
reservations. restrictions and right-of-way ofrecord.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida and
contaiIring 1,370,970 square feet (31.473 acres) more or less.
Page 3 of3
EXHIBIT 4-A
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
ESTIMATED CONSTRUCTION TIME TABLE
Water and Sewer System
Stormwater Drainage
Earthwork
Wetlands Mitigation
Offsite Improvements, including
Tum Lanes
Start
January, 2005
January 2005
June,2004
January, 2005
January, 2005
Finish
March, 2005
March,2005
December, 2004
March, 2005
March,2005
WP~S1\SANFORDS\502tnv04\7l2tlO4\25443.010900
EXHIBIT 4-B
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
GOOD FAITH COST ESTIMATE
Water and Sewer System
Stormwater Drainage. including Earthwork
Wetlands Mitigation
Offsite Improvements, including Turn Lanes and
Placement of Certain Utilities
Total
$1,159.000
1.958,000
100.000
250,000
$3 467 000
WPB-FS1\SANFORDS\502177v04\7J21104\25443.010900
-urr~) ;
I =I( I
I ~-) )~=. I
Ii '1/... I
_=cl~';:~ I
IJI.' il.
.. I
I~l) :.- I \ I
L _ jI~
~--_ ,(___1
""""'~
~--l
SUBJECT I
PROPKRTY
(NTS) > I
------,
--="'~=~"
~outh City L:::t~f.
C1'J<ffTEP.OP.lI f!'.~;:'l!~-- "'.--~:"'x..':~~~_y..::
I I'
IJ
I I .
I .,I~
I I - :.. .
"I
I I ~.'
I
~"'"
"",""
l . "-
'1. -
,. '\
\ '.
!
;~~
~;;:-7~"0':,,~"""""I' ,,~
r:~~~;"\: .- ,:"',:~~~
tIk :, ' ,~q
~_.."....'- ~~
..".."'............ CITY BOUNDARY
li/'/ WATER
D LOW DENSITY RESIDENTIAL (LDR)
D MODERATE DENSITY RESIDENTIAL (MOOR)
MEDIUM DENSITY RESIDENTIAL (MEDR)
HIGH DENSITY RESIDENTIAL (HDR)
Max. 10.8 D.U.lAcre