15-024 1 ORDINANCE NO. 15 -024
2 , AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 a FLORIDA, AMENDING ORDINANCE 06 -073 WHICH
4 i CREATED THE BOYNTON VILLAGE COMMUNITY
5 DEVELOPMENT DISTRICT REVISING THE
6 BOUNDARIES OF THE BOYNTON VILLAGE
7 COMMUNITY DEVELOPMENT DISTRICT TO
8 EXPAND THE DISTRICT BOUNDARIES BY
9 APPROXIMATELY 4.995 ACRES; PROVIDING FOR
10 j CONFLICTS, SEVERABILITY, CODIFICATION AND
11 ; AN EFFECTIVE DATE.
12
13 ' WHEREAS, on September 6, 2006 the City Commission approved a Petition
14 establishing the Boynton Village Community Development District which established the
15 boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and
16 WHEREAS, The Boynton Village Community Development District has filed a
17 Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and
18 made a part hereof and contains the information required pursuant to Section 190.046, Florida
19 Statutes; and
20 WHEREAS, a public hearing on the petition was conducted by the City Commission
21 on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes;
22 and
23 WHEREAS, the City Commission has determined that:
24 1. That all statements contained within the Petition have been found to be true
25 and correct.
26 2. That the expansion of the District boundaries is not inconsistent with any
27 applicable element or portion of the State Comprehensive Plan or of the effective local
28 government comprehensive plan.
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1 3. That the land within the proposed District is of sufficient size, sufficiently
2 compact and sufficiently contiguous to be developable as one functional interrelated
3 community.
4 4. That the expansion of the District boundaries is the best alternative available
5 for delivering the community development services and facilities to the lands within the
6 District boundaries.
7 5. That the area identified in the Petition is amenable to be included in the
8 proposed District; and
9 WHEREAS, the City Commission has determined that the expansion of the Boynton
10 ' Village Community Development District boundaries would be consistent with the criteria for
1
11 community development districts as set forth in the Uniform Community Development
12 District Act of 1980,Chapter 190, Florida Statutes;
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
15 . Section 1. Each Whereas clause set forth above is true and correct and herein
16 incorporated by this reference.
17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the
18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the
19 boundaries of the Boynton Village Community Development District as set forth on the
20 Petition attached hereto as Exhibit "A ".
21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and
22 = the same are hereby repealed.
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1 Section 4. Should any section or provision of this ordinance or portion hereof, any
2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
3 such decision shall not affect the remainder of this ordinance.
4 Section 5. Authority is hereby granted to codify said ordinance.
5 Section 6. This ordinance shall become effective immediately upon passage.
6 FIRST READING this 3` day of September, 2015
7 SECOND, FINAL READING AND PASSAGE this 17 day of November,
8 2015.
9 CITY OF BOYNTON BEACH, FLORIDA
10
11 YES NO
12
13 Mayor — Jerry Taylor
14
15 Vice Mayor — Joe Casello ✓
16
17 Commissioner — David T. Merker
18
19 c Commissioner — Mack McCray ,/
20
21 Commissioner — Michael M. Fitzpatrick
22!
23
24 VOTE 5 -
25`
26 ATTEST:
27+
28
29 /1I• 4-Civitit
30 ' Jan t M. Prainito, MMC
31 • Clerk
32'
33 c Y 04.
34'
35 (I . o .eal)
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CITY COMMISSION
CITY OF BOYNTON BEACH, FLORIDA
IN RE: PETITION PURSUANT TO
SECTION 190.046(1), FLORIDA STATUTES,
TO EXPAND THE BOUNDARIES OF
BOYNTON VILLAGE COMMUNITY
DEVELOPMENT DISTRICT
PETITION TO EXPAND BOUNDARIES OF BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
The Board of Supervisors (the "Board ") of the Boynton Village Community
Development District, an independent special district established pursuant to Chapter 190,
Florida Statutes (the "District "), and Ordinance No. 06 -073 of City of Boynton Beach, Florida
(the "City "), adopted on September 6, 2006 (the "Ordinance "), hereby petitions the City
Commission of the City of Boynton Beach, Florida (the "City Commission ") in accordance with
Section 190.046(1) of the Uniform Community Development Act of 1980, Chapter 190, Florida
Statutes (the "Act "), to expand the boundaries of the District and in support thereof, hereby
attests as follows:
1. That approximately 101.18 acres are currently within the external boundaries of
the District.
2. That the Board desires to expand the boundaries of the District by adding
approximately 4.995 acres as legally described on Exhibit A. Following such expansion of the
District's boundaries, all lands in the District will continue to be located wholly within the
jurisdictional boundaries of the City.
{00010124.DOC v.1)
3. That the real property to be included within the external boundaries of the District
does not exceed 50% of the acres initially located within the boundaries of the District and all
petitions of the District, including this petition, submitted to the Commission subsequent to the
initial petition seeking establishment of the District do not encompass more than a total of 500
acres.
4. That annexed hereto as Exhibit B and made a part hereof is a metes and bounds
description of the external boundaries of the District following the proposed expansion of such
boundaries. No real property within the external boundaries of the District as proposed is to be
excluded therefrom.
5. That annexed hereto as Exhibit C is the estimated timetable for construction of
any District facilities to serve the proposed expansion area and the estimated cost of constructing
the facilities.
6. That annexed hereto as Exhibit D and made a part hereof is evidence of the
written consent to the inclusion of its property in the District by the owner (directly or as
attorney in fact) of one hundred percent (100 %) of the real property within the proposed
expansion area.
7. That annexed hereto as Exhibit E and made a part hereof is a designation of the
future general distribution, location, and extent of public and private uses of land within the
proposed expansion area as shown on the future land use plan element of the City's
comprehensive plan.
8. That annexed hereto as Exhibit F and made a part hereof is a statement of
estimated regulatory costs in accordance with the requirements of Section 120.541, Florida
Statutes.
9. That following the proposed expansion of the District's boundaries (i) the
property within the District will not be inconsistent with any applicable element or portion of the
state comprehensive plan or of the City comprehensive plan; (ii) the property comprising the
District will be of sufficient size, compactness, and contiguity to be developable as one
functional interrelated community; (iii) the District will continue to present the best alternative
available for delivering the community development facilities and services to the property that
will be served by the District; (iv) the community development facilities and services of the
District will not be incompatible with the capacity and uses of existing local and regional
community development services and facilities; and (v) the property comprising the District will
be amenable to separate special- purpose government.
10. That all statements contained within this Petition are true and correct.
WHEREFORE, Petitioner, the Board of Supervisors of the Boynton Village Community
Development District, hereby respectfully requests the City Commission to:
A. Direct its staff to notice, as soon as practicable, a local public non - emergency
hearing pursuant to the requirements of Section 190.046(1)(b) of the Act to consider whether to
grant the petition for the expansion of the District's boundaries and to amend the Ordinance
establishing the District to reflect the new boundaries of the District.
B. Grant this Petition and enact an ordinance pursuant to applicable law amending
the Ordinance establishing the District to reflect the new boundaries of the District.
RESPECTFULLY SUBMITTED this day of , 2015.
BOYNTON VILLAGE COMMUNITY
DEVELOPMENT DISTRICT
By: AA"
Name: A-1404 Pee/ ow
Title: ChairpersonlVice-Chairperson
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 2 ° of
Iv >J Z , 2015, by A:Qk- ' qz l 1s% the ChairpersonfVice- Chairperson of
the Board of Supervi ors of the Boynton Village Community Development District, who is
C personally known to me J or produced JJQJL as identification,
Notary P
Typed, printed or stamped name of Notary Public
" . COLLEEN LIVERY
. *: •. .+ MY COMMISSION $ EE 878898
' ' EXPIRES: February 27, 2017
I
1
li
EXHIBIT A
LEGAL DESCRIPTION OF AREA TO BE ADDED TO DISTRICT
SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106,
Pages 144 -151 of the Public Records of Palm Beach County, Florida;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida,
containing 4.995 Acres, (217,567 Square Feet), more or less.
(00010124.DOC v.1)
EXHIBIT B
LEGAL DESCRIPTION OF NEW DISTRICT BOUNDARIES
EXHIBIT A
METES AND BOUNDS DESCRIPTION
C3 - Parcel 1, C3 - Parcel 2, C3 - Parcel 3, C3 - Parcel 4, C3 - Parcel 5, C3 - Parcel 6, C3- Parcel
7, SMU - Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU - Parcel 6, SMU - Parcel 7, SMU -
Parcel 8, SMU - Lake Parcel, SMU - Park Parcel, Tract C -1, and Spine Road Tract, all of
` BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106, Pages 144 -151 of the
Public Records of Palm Beach County, Florida, together with all of "CORTINA P.U.D.
REPLAT", as recorded in Plat Book 109 at pages 196 -202 of said Public Records, said parcel
being more particularly described as follows:
COMMENCE at the Southwest comer of the Southwest One - Quarter (1/4) of said Section 20,
Township 45 South, Range 43 East; THENCE on a grid bearing of N01 °22'46 "W, along the
West line of said Southwest One - Quarter (1/4) of Section 20, a distance of 1312.24 feet;
THENCE N88 °37'14 "E, a distance of 60.00 feet to a point on the East light -of -way line of
Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the
Southwest One - Quarter (1/4) of said Section 20, said point also being the POINT OF
BEGINNING; THENCE N01 °22146 "W, a distance of 223.50 feet; THENCE N12 °12'46 "E, a
distance of 29.78 feet; THENCE N01 °22'46 "W, a distance of 140.75 feet; THENCE
N38 °37' 14 "E, a distance of 20.23 feet; THENCE S88 °37'14 "W, a distance of 10.00 feet;
THENCE N01 °22'46 "W, a distance of 75.00 feet; THENCE S88 °37'14 "W, a distance of 10.00
feet; THENCE N01 °22'46 "W, a distance of 456.21 feet; THENCE N12 °09'15 "E, a distance of
29.91 feet; THENCE N01 °22'46 "W, a distance of 286.82 feet; THENCE N38 °03'52 "E, a
distance of 17.71 feet; THENCE N01 °22'46 W, a distance of 89.10 feet; THENCE
N47 °00'33 "W, a distance of 25.54 feet; THENCE N01 °23'03 "W, a distance of 291.10 feet;
THENCE N12 °08'37 "E, a distance of 29.93 feet; THENCE N01 °23'03W, a distance of 285.65
feet; THENCE N38 °03'52 "E, a distance of 22.13 feet; THENCE S88 °36'57 "W, a distance of
21.06 feet; THENCE N01 °23'03 "W, a distance of 59.00 feet; THENCE N88 °36'57 "E, a distance
of 25.06 feet; THENCE N47 °00'33 "W, a distance of 35.06 feet; THENCE N01 °23'03 "W, a
distance of 468.48 feet to a point on the North line of said BOYNTON TOWN CENTER, A
P.C.D.; THENCE N87 °45'57 "E, along said North line and the North line of said "CORTINA
P.U.D. REPLAT, a distance of 1485.39 feet to a point on the East line of said BOYNTON
TOWN CENTER, A P.C.D.; THENCE S06 °28'18 "E, along said East line and the EAST line of
said CORTINA P.U.D. REPLAT, a distance of 760.86 feet; THENCE S30 °46'03 "E, continuing
along said East line of CORTINA P.U.D. REPLAT a distance of 800.00 feet; THENCE
S00 °41'03 "E, continuing along said East lines of CORTINA P.U.D. REPLAT and BOYNTON
TOWN CENTER, A P.C.D., a distance of 1200.00 feet to a point on the South line of said SMU
- Park Parcel; THENCE S89 °48'57 "W, along said South line, a distance of 419.29 feet;
THENCE N78 °45'29 "W, along said South line a distance of 20.19 feet; THENCE
S89 °48'57 "W, along said South line, a distance of 229.06 feet; THENCE N71 °32'14 "W, along
said South line, a distance of 72.61 feet to a point on the West line of said SMU — Park Parcel;
THENCE S00 °11'03 "E, along said West line, a distance of 27.22 feet to a point (on the South
line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE S89 °48'57 "W, along said South
line, a distance of 80.00 feet; THENCE N00 °11'03 "W, a distance of 15.00 feet; THENCE
100010124.DOC v.1)
S69 °03'41 "W, a distance of 42.32 feet; THENCE S89 °48'57 "W, a distance of 439.23 feet;
THENCE N00 °11'03 "W, a distance of 1.00 feet; THENCE S89 °48'57 "W, a distance of 274.70
feet; THENCE N77 °46'36 "W, a distance of 39.56 feet; THENCE S89 °48'57 "W, a distance of
290.70 feet; THENCE N45 °47'05 "W, a distance of 45.01 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida,
containing 106.179 Acres, (4,625,160 Square Feet), more or less.
EXHIBIT C
CONSTRUCTION TIMETABLE AND COST ESTIMATE
FOR AREA TO BE INCLUDED WITHIN DISTRICT BOUNDARIES
COST START COMPLETE
ESTIMATE CONSTRUCTION CONSTRUCTION
Water Distribution System $57,952 October, 2015 October, 2016
Sanitary Sewer System $60,133 October, 2015 October, 2016
Roadway Improvements $136,195 October, 2015 October, 2016
Stormwater Management $31,812 October, 2015 October, 2016
System
Total: $286,092
(00010124.DOC v.1)
EXHIBIT D
EVIDENCE OF WRITTEN CONSENT OF OWNER
TO INCLUSION OF PROPERTY WITHIN THE EXTERNAL BOUNDARIES OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
{00010124.DOC v.1)
AFFIDAVIT
On this CA day of \ C. , 2015, personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgements, & c..\A 1 o.y I who, after
being duly sworn, deposes and says:
1. Affiant, Germ d Ay 0 or , is the p y g of the CITY OF
BOYNTON BEACH, a municipal corporation of the State of Florida (the "City ").
2. The City is the fee title owner of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property ").
3. Affiant hereby represents that he /she has full authority to execute the Petition to
Expand the Boundaries of the Boynton Village Community Development District on behalf of
the City.
4. The Property consists of approximately 4.995 acres of real property located in the
City.
5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the
capacity described above, hereby gives its full consent to the expansion of the external
boundaries of the Boynton Village Community Development District to include the Property
therein.
IN WITNESS WHEREOF, I have hereunto set my hand this / 7 day of
N o v'.nn ►Dear , 2015.
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By: ✓ J�Z��'�� C
Name: �; , A ir
Title: !"f Art
OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 1 day of (1 o
2015, by G e-NE cJA 0-v et as `Mc,.A4 c,r of the City of Boynton Beach, a municipal
corporation of the State of F lorida. He /she is personally known to me [ X ] or produced
as identification.
Q . A c
Notary Public
.0*. TAMMY L STANZIONE I r A.-`M L- S \ 0-_,,c\ 2_ ■C, h Q
�•: '' '•: MY COMMISSION # FF213683 Typed, printed or ttamped name of Notary Public
4. EXPIRES March 25. 2019
(407, 39&0'53 faidaNarrySorvica.cam
{00010124.DOC v.1}
Exhibit "A"
Description of Property
SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106,
Pages 144 -151 of the Public Records of Palm Beach County, Florida,
Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida,
containing 4.995 Acres, (217,567 Square Feet), more or less.
Excluding therefrom any and all public road right -of -way.
I I
EXHIBIT E
DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND
EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR
THE AREA TO BE INCLUDED WITHIN THE DISTRICT
I
{00010124.DOC v.1)
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Legend ; ��.
.
Community Redevelopment Area
Q Urban CBD
TCEA Boundary Expansion Area
Railroads
City Boundary
I WATER
Land Use Description
LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U. /Acre
MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. /Acre==
MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U. /Acre
HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U. /Acre
SPECIAL HIGH DENSITY RESIDENTIAL (SHDR)
OFFICE COMMERCIAL (OC)
LOCAL RETAIL COMMERCIAL (LRC)
GENERAL COMMERCIAL (GC)
INDUSTRIAL (I)
RECREATIONAL (R)
PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
MIXED USE (MX)
MIXED USE CORE (MXC)
MIXED USE SUBURBAN (MXS)
DEVELOPMENT OF REGIONAL IMPACT (DRI)
CONSERVATION (CON)
CONSERVATION OVERLAY (C /O)
EXHIBIT F
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ( "SERC ") supports the petition to expand
the boundaries of the Boynton Village Community Development District ( "District ").
The District currently contains approximately 101.18 acres of land located in the City of
Boynton Beach, Florida (the "City "). The proposed expansion area contains
approximately 4.995 acres of land, also located in the City.
The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d),
Florida Statutes ( "F.S. ") governing District establishment as follows:
"That the process of establishing such a district pursuant to uniform
general law shall be fair and based only on factors material to managing
and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not
material or relevant (emphasis added)."
1.2 Overview of Boynton Village Community Development District
The purpose of the District is to provide, operate and maintain public infrastructure,
services, and facilities to a master planned mixed -use community containing a total of
approximately 116 residential dwelling units and 435,441 square feet of commercial
building area within the boundaries of the District, including approximately 26 residential
dwelling units to be constructed within the proposed expansion area.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory
costs must contain:
(a) An economic analysis showing whether the rule directly or indirectly; is likely to (1)
have an adverse impact on economic growth, private sector job creation or employment,
or private sector investment in excess of $1 million in the aggregate within 5 years after
the implementation of the rule; is likely to (2) have an adverse impact on business
competitiveness, including the ability of persons doing business in the state to compete
with persons doing business in other states or domestic markets, productivity, or
innovation in excess of $1 million in the aggregate within 5 years after implementation of
the rule; or is likely to (3) increase regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation of the rule.
{00010124.DOC v.1}
(b) A good faith estimate of the number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals likely
to be affected by the rule.
(c) A good faith estimate of the cost to the agency (County), and to any other state and
local government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local governmental entities, required to comply with the
requirements of the ordinance. As used in this paragraph, "transactional costs" are direct
costs that are readily ascertainable based upon standard business practices, and include
filing fees, the cost of obtaining a license, the cost of equipment required to be installed
or used or procedures required to be employed in complying with the rule, additional
operating costs incurred, and the cost of monitoring and reporting.
(e) An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S. Miami -Dade County is not defined as a small County for purposes of this
requirement.
(f) Any additional information that the agency determines may be useful.
(g) In the statement or revised statement, whichever applies, a description of any good
faith written proposal submitted under paragraph (1) (a) and either a statement adopting
the alternative or a statement of the reasons for rejecting the alternative in favor of the
proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a),
Florida Statutes."
2.0 An economic analysis of potential impacts on economic growth, business
competitiveness or increased regulatory costs, in excess of $1 million within the next
5 years.
It is unlikely the establishment/creation of the District will meet any of the triggers in
Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions
in Section 3.0 through Section 6.0 herein.
3.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of
individuals likely to be affected by the ordinance.
At buildout, the estimated total population of the District will be approximately 2790,
with the proposed expansion area having an estimated population of 65. The types of
individuals likely to be affected by the ordinance will be the present and future residents
of the District.
4.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state or local revenues.
4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special purpose
government, there will be no enforcing responsibilities of any other government entity,
but there will be various implementing responsibilities which are identified with their
costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement
and enforce the proposed establishment of the District. The District, as established
and expanded, will encompass under 1,000 acres; therefore, the City is the
establishing entity under 190.005(2), F.S. The modest costs to various State entities
to implement and enforce the proposed ordinance relate strictly to the receipt and
processing of various reports that the District is required to file with the State and
its various entities. Appendix A lists the reporting requirements. The costs to those
State agencies that will receive and process the District's reports are very small,
because the District is only one of many governmental units that are required to
submit the various reports. Therefore, the marginal cost of processing one
additional set of reports is inconsequential. Additionally, pursuant to section
189.018, F.S., the District must pay an annual fee to the State of Florida Department
of Economic Opportunity which offsets such costs.
City of Boynton Beach
There will be only modest costs to the City for a number of reasons. First, review of the
Petition to Expand the District boundaries does not include analysis of the development
itself. Second, the Petition provides much of the information needed for a staff review.
Third, the City already possesses the staff needed to conduct the review without the need
for new staff. Fourth, there is no capital required to review the Petition. Fifth, the City
routinely processes similar petitions for land uses and zoning changes that are far more
complex than is the petition to expand the boundaries of a community development
district. Finally, potential costs to the City of reviewing the Petition to Expand the
District boundaries are offset by the required filing fee.
The annual costs to the City, because of the establishment and expansion of the District,
are also very small. The District is an independent unit of Local government. The only
annual costs the City faces are the minimal costs of receiving and reviewing the various
reports that the District is required to provide to the City, or any monitoring expenses the
City may incur if it establishes a monitoring program for this District. However, the
Petitioner has included a payment of $1,500 to offset any expenses the City may incur in
the processing of this Petition, or in the monitoring of this District.
4.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed to
provide infrastructure facilities and services to serve the development project and it has
its own sources of revenue. No state or local subsidies are required or expected. In this
regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida or
any other units of local government. In accordance with State law, debts of the District
are strictly its own responsibility.
5.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 below provides an outline of the various facilities and services the District may
provide to the proposed expansion area:
Table 1
PROPOSED FACILITIES AND SERVICES
FACILITY/IMPROVEMENT PROVIDED MAINTAINED OWNERSHIP
BY BY BY
Water Distribution System CDD CITY CITY
Wastewater Collection System CDD CITY CITY
Roadway Improvements CDD CDD CDD
Stormwater Management Improvements CDD CDD CDD
CDD = Community Development District
CITY = City of Boynton Beach
The petitioner has estimated the costs for providing the capital facilities (the "Facilities ")
outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which
may be provided, are estimated to be approximately $286,092. The District may issue
special assessment bonds in one or more series to fund all of the costs or a portion of the
costs of these Facilities located in the District. The proposed bonds would be repaid
through non -ad valorem special assessments levied on all benefitted properties within the
proposed expansion area that may benefit from the District's infrastructure program as
outlined herein on Table 2 below. Table 3 herein below provides an approximate
timetable for commencement and completion of the Facilities.
Prospective future landowners in the proposed expansion area may be required to pay
non -ad valorem assessments levied by the District to secure the debt incurred through
bond issuance. In addition to the levy of non -ad valorem special assessments for debt
service, the District may also impose a non -ad valorem assessment to fund the operations
and maintenance of the District and its owned facilities and services.
Furthermore, locating in the District by new property owners is completely voluntary. So,
ultimately, all owners and users of the affected property choose to accept the non -ad
valorem special assessments by various names and user fees as a tradeoff for the benefits
and facilities that the District provides.
A Community Development District ( "CDD ") provides property owners with the option
of having higher levels of facilities and services financed through self - imposed
assessments. The District is an alternative means to manage necessary development
services with related fmancing powers. District management is no more expensive, and
often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a
property owner's association, City provision, or through developer equity and/or bank
loans.
In considering these costs it shall be noted that owners of the lands to be included within
the District will receive three major classes of benefits.
First, landowners in the District will receive a higher long -term sustained level of public
services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and amenities
will be completed concurrently with development of lands within the District. This
satisfies the revised growth management legislation, and it assures that growth pays for
itself without undue burden on other consumers. Establishment of the District and
expansion of the District boundaries will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting, to determine the type, quality and expense of District services they
receive, provided they meet the County's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the
District to provide infrastructure services and facilities. Instead, it is the incremental costs
above what the landowners would have paid to install infrastructure via an alternative
financing mechanism. Given the low cost of capital for a CDD, the cost impact to
landowners is negligible. This incremental cost of the high quality infrastructure provided
by the District is likely to be fairly low.
II
Table 2
COST ESTIMATE FOR DISTRICT FACILITIES
FACILITY/IMPROVEMENT ESTIMATED COST
Water Distribution System $57,952
Wastewater Collection System $60,133
Roadway Improvements $136,195
Stormwater Management Improvements $31,812
Total Estimated Cost $286,092
Table 3
TIMETABLE FOR DISTRICT FACILITIES
Start Complete
FACILITY/IMPROVEMENT Construction
Date Construction Date
Water Distribution System October, 2015 October, 2016
Wastewater Collection System October, 2015 October, 2016
Roadway Improvements October, 2015 October, 2016
Stormwater Management Improvements October, 2015 October, 2016
6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and
an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S.
Approval of the petition to expand the District will have positive impacts on small
business as defined in Chapter 288.703 (1), F. S. These positive impacts will result
because the additional population in the District will require goods and services from
small businesses. These services can be provided by the small businesses that currently
serve the general area. Additional opportunities will also be created for new businesses to
be formed or relocate to the area. No negative impacts have been identified for small
businesses as defined.
The City has an estimated population in 2010 (U.S. Census) that is greater than 10,000;
therefore, the City is not defined as a "small City" according to Section 120.52, F.S, and
there will accordingly be no impact on a small City because of the establishment of the
District.
7.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic
theory, especially as it relates to tracking the incidence of regulatory costs and benefits.
Inputs were received from the petitioner's engineer and other professionals associated
with the Petitioner.
8.0 In the statement or revised statement, whichever applies, a description of any good
faith written proposal submitted under paragraph (1) (a) and either a statement
adopting the alternative or a statement of the reasons for rejecting the alternative in
favor of the proposed rule.
There have been no good faith written proposals submitted to the agency as described in
Section 120.541(1)(a), Florida Statutes.
APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT FL. STATUTE DUE DATE
CITATION
Annual Financial Audit 11.45 within 45 days of audit completion, but no
later than 12 months after end of fiscal year
Annual Financial Report 218.32 within 45 days of financial audit completion,
but no later than 12 months after end of
fiscal year; if no audit required, by 4/30
TRIM Compliance Report 200.068 no later than 30 days following the adoption
of the property tax levy ordinance /resolution
(if levying property taxes)
Form 1: Statement of Financial Interest 112.3145 within 30 days of accepting interest the
appointment, then every year thereafter by
7/1 (by "local officers" appointed to special
district's board); during the qualifying
period, then every year thereafter by 7/1 (by
"local officers" elected to special district's
board)
Public Facilities Report 189.415 within one year of special district's creation;
then annual notice of any changes; and
updated report every 5 years, 12 months
prior to submission of local government's
evaluation and appraisal report
Public Meetings Schedule 189.417 quarterly, semi - annually, or annually
Bond Report 218.38 when issued
Registered Agent 189.416 within 30 days after first meeting of
governing board
Proposed Budget 189.418 prior to end of current fiscal year
Public Depositor Report 280.17 annually by 11/30
{00010124.DOC v.1)