Loading...
LEGAL APPROVAL The City of Boyllton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 July 19, 2005 www.boynton-beach.org Mr. James D. DeCoeq Special District Services, Inc. Harbour Point Plaza 11000 Prosperity Farms Road - Ste. 104 Palm Beach Gardens, Florida 33410 RE: For: Location: Renaissance Commons Community Development District Establishing the Renaissance Commons Community Development District Southeast comer of Congress Avenue and Gateway Boulevard Dear Mr. DeCoeq: Enclosed is the City of Boynton Beach Ordinance 05-018, which represents approval for the establishment of a Community Development District (CDD) for the "Renaissance Commons". A CDD is an independent district authorized by Chapter 190, Florida Chapter, for the purpose of planning, constructing, acquiring, operating and maintaining infrastructure in large planned community developments. The Renaissance Commons CDD was approved by the City Commission on March 15,2005. The assignment of maintenance responsibilities between the City and the CDD will be listed on the plat documents. Should you have any questions regarding this matter, please contact this office at (561) 742-6260. Sincerely, 2JC Michael W. Rumpf Director of Planning & Zoning MWR;jdc Enc. Ordinance No. 05-018 S:\Planning\SHARED\ WP\PROJECTS\Renaissance Commons\Approval Ltr after CC Renaissance Commons - CDD 05-00I.doc '" 1 ORDINANCE NO. 05- 0 18 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, ESTABLISHING THE RENAISSANCE 4 COMMONS COMMUNITY DEVELOPMENT DISTRICT; 5 ESTABLISHING THE BOUNDARIES OF THAT 6 DISTRICT; APPOINTING THE INITIAL BOARD OF 7 SUPERVISORS; PROVIDING FOR POWERS OF THE 8 BOARD; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on December 14,2004, Compson Associates of Boynton LLC submitted a 13 petition to the City for the creation of a community development district to be known as the 14 Renaissance Commons Community Development District ("District"), in accordance with 15 Section 190.005(2) , Florida Statutes; and 16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part 17 hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and 18 WHEREAS, a public hearing on the petition was conducted by the City Commission 19 on March 1, 2005, at City Hall in accordance with the requirements of Sections 190.005(2)(b) 20 and 190.005 (1) (d), Florida Statutes; and 21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section 22 190.005(1)(e) and the record of the public hearing held on March 1, 2005, in making its 23 determination as to whether to grant or deny the establishment of the Renaissance Commons 24 Community Development District; and 25 WHEREAS, the City Commission has determined that: 26 1. That all statements contained within the Petition have been found to be true and 27 correct. S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc Page 1 of4 I II 1 2. That the creation of the:: Disnict is not inconsistent with any applicable element 2 or portion of the State Comprehensive Plan or of the effective local government comprehensive 3 plan. 4 3. That the land within the proposed District is of sufficient size, sufficiently 5 compact and sufficiently contiguous to be developable as one functional interrelated 6 community. 7 4. That the creation of the District is the best alternative available for delivering the 8 community development services and facilities to the lands within the District boundaries. 9 5. That the proposed services and facilities to be provided by the District are not 10 incompatible with the capacity and uses of existing local and regional community services and 11 facilities. 12 6. That the area identified III the Petition IS amenable to be included III the 13 proposed District; and 14 WHEREAS, the City Commission has determined that the creation of the Renaissance 15 Commons Community Development District would be consistent with the criteria for 16 community development districts as set forth in the Uniform Community Development District 17 Act of I 980,Chapter 190, Florida Statutes; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and herein 21 incorporated by this reference. S:\CA\Ordinances\Planning\CDD Renaissance Commons. doc Page 2 of 4 II 1 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 2 City Commission of the City of Boynton Beach, Florida hereby establishes a community 3 development district as follows: 4 CREATION AND NAME: There is hereby created a Community Development 5 District to be known as RENAISSANCE COMMONS COMMUNTY DEVELOPMENT 6 DISTRICT. 7 LEGAL DESCRIPTION: The legal description for the Community Development 8 District is attached hereto and incorporated herein by reference in attachment to the Petition 9 which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting the land area 10 to be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated 11 herein by reference. 12 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their 13 terms, powers and duties are as described in Chapter 190, Florida Statues: 14 (a) James Comparato (b) Stephen B. Liller (c) Timothy R. Kelly (d) Carl Klepper, Jr. (e) Robert D'Angelo 15 16 17 18 19 Section 3. The Board of Supervisors shall have only such powers as set forth in 20 Florida Statutes 190.011 and 190.012. 21 Section 4. That any individuals who purchase property in the District should be 22 advised of the existence of the District, as well as the costs associated with owning property 23 within the District. S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc Page 3 of 4 1 Section 5. That all ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. 3 Section 6. Should any section or provision of this ordinance or portion hereof, any 4 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder of this ordinance. 6 Section 7. Authority is hereby granted to codify said ordinance. 7 Section 8. This ordinance shall become effective immediately upon passage. 8 FIRST READING this ~ day of .11J~ , 2005. 9 SECOND READING and FINAL PASSAGE this I ~ day of fn(j,'V!./u ,2005. 10 11 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 I 25 I 26 I 27 I ATTEST: 28 ~~ In. ~ 31 3 33 34 ;;::n~ - c... Commissioner ~~ -:... -.: '. . .. '...~~~.:~:~;!~;/ S:\CA\O~r~~ces.~~\CDD Renaissance Commons.doc Page 4 of 4 BEFORE THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA INRE: AN ORDINANCE TO ESTABLISH ) THE RENAISSANCE COMMONS COMMUNITY ) DEVELOPMENT DISTRICT ) PETITION COMPSON ASSOCIATES OF BOYNTON LLC, a Florida limited liability company (the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida, pursuant to the "Unifonn 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 86.98 +1- acres of land. The real property within the boundary of the proposed District is a parcel of land located West of the Lake Worth Drainage District Canal E-4, North of Canal C-16, East of Congress Avenue and South of Gateway 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 are the written consents to the establishment of the District by the owners 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: ~ James Comparato Stephen B. Liller Timothy R. Kelly Carl Klepper, Jr. Robert D'Angelo 4. The proposed name of the District to be established is the Renaissance Commons 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 improvements is shown on Exhibit 4, as well as the estimated cost of constructing the improvements. This is a good faith estimate but is not binding on the Petitioner or the District and Is subject to change. 7. The future general distribution, location and extent of public and private uses within the Disbict are consistent with the zoning category of suburban mixed use. The proposed WP8-FS1\SANF0ROS\50593Ov1415716t.ot02OO uses are also consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the .City"). The future land use map is shown on Exhibit 5. It is further anticipated that the subject lands will be permitted to be developed for approximately 310 townhomes ranging in approximate square footage of 1,800 to 2,100 with prices ranging from $310,000 to $450,000 and 1382 condominium units. The square footage and price ranges of the condominium units have not yet been determined. It is also expected that there will be approximately 337,653 square feet of commercial space consisting of retail, office and self storage. The Petitioner intends that the District will finance (i) surface water management and control systems, including related earthwork, (ii) water distribution and wastewater collection and transmission facilities, (Iii) onsite wetlands mitigation, (iv) roadway improvements, (vi) landscaping and irrigation in public rights of way, and (v) related incidental costs which may include the acquisition of real property in conjunction with any and all of the above, but particularly associated with surface water management, onsite wetlands mitigation, and roadway improvements (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 Compson Associates of Boynton LLC, a Florida limited liability company. The Petitioner, acting on behalf of itself and certain related entities and Town and Country Builders, Inc., a Florida corporation ("Town and Country") as the landowners, owns 100 percent of the real property to be included in the proposed District. Petitioner and Town and Country 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 Town and Country and possibly other builders. Copies of all correspondence and official notices should also be sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, P.A., 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 WPB-FS1\SANF0RDS\50593Ov14157161.010200 2 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 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-fStISAHFORDS\5OM3Oyt4\57161.010200 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 Renaissance Commons Community Development District; and Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Renaissance Commons Community Development District. Respectfully submitted this 1 iJ f1J day of December, 2004. COMPSON ASSOCIATES OF BO Florida Iim' liability compa ,a W~Sl\SANFOAD~930v06\111&'04\571Bl.010200 4 RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT EXHIBITS Exhibit 1 Location Map Exhibit 2 Legal Description Exhibit 3 - Consents and Proofs of Ownership Exhibit 4 - Construction Timetable and Good Faith Cost Estimate Exhibit 5 Future Land Use Map from the City of Boynton Beach, Florida Comprehensive Plan depicting the location of the proposed District Exhibit 6 -- Statement of Estimated Regulatory Costs WPB-FS1\SANF0RDSl50593Ov13\12/10J04\S7161 .010200 5 RENAISSANCE COMMONS LOCATION MAP 0/&1 D " - ~J~~i1::" ~t L '}~\ \ ~tj L 7, ~ )RIT"J 1/ /" l/rTrf\:1 'f"// iq I J -1 ( \ 1 ~ ~~ --- \ \ .':.11." \ ~~- r---1 I _--, I J SUB.JECT PROPERTY :.. ~ I ~ I ~ ) 1 ~() ~ II J ~a r IT y (,. I - ~::::::; \ \- ~ -l I ( .\. r-..... BOYNTON CANAL " I I I I I:.. IJ III P1 = .....~ ;:1 I I I I I I .....i"'I,...:- r- _ _ ~ - = ::: l: ... ,=~..L = 1_ T ~f- -- :::: ~ = 'It'" ..... _ ~'- ~ 'V>. = .91'0~ f- :::: , ~~ l..L ~..... = 1 <-1m, ~m.rii51 ~ ;::: ~W~~I ~ - "-- '"""'W I ~>A.J .\""U"\':v ~Jl -i- 1== N W+E S D t17.$ $7$ 750 1.1215 ''- FMl 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 dIME)" ~ SURVEYING & MAPPING Certificate of Authorization No. L87264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT LEGAL DESCRIPTION: ALL OF 'RENAISSANCE COMMONS. A P.U.D. H, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. TOGETHER WITH: ALL OF "RENAISSANCE COMMONS PLAT TWO. A P.U.D. H, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107 OF THE PUBLIC !' RECORDS OF PALM BEACH COUNTY, FLOR1DA. LESS AND EXCEPT TRACTS Z-I, Z-2 AND Z- 3. THEREOF. SAID LANDS SITUATE IN THE C1TY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA. AND CONTAIN 84.909 ACRES. MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. ABBREVIATIONS L . ARCLENGTH CONC. . CONCRETE COR. . CORNER D . DELTA [CENTRAL ANGLE) o.E. . DRAINAGE EASEMENT J . R. . I RON ROO I.R.C. . IRON ROO AND CAP L.B. . LICENSED BUSINESS L.S. . LICENSED SURVEYOR MON. . MONUVENT a.R.B. . OFFICIAL RECORDS BOOK P.O.B. . POINT OF BEGINNING P.D.C. . P01NT OF COMl.ENCEVENT P.B. PLAT BOOK P.B.C.R.. PALM BEACH COUNTY RECORDS PG. . PAGE P.S.M. . PROFESSIONAL SURVEYOR a MAPPER R/W . RIGHT-OF-WAY u.E. UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL ST ANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFf-~-H6DAPP--------- SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK: NOT A SURVEY I Project Nome' RENAlSSmcE COtdlolONS IJOB NO. 02151 DWG BV. J$H I CK'D By. JS DATE. 2/2412005 SHEET 1 OF 2 I@ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) TRleT Z4 TRleT 0-7 TRleT (c-2 <J" ~~ \>- ~~. ~ [$-\ ~~'l TR/lCT A-6 TR/lCT IrJ ~IV\~ ~"" ~~ .~ TRN::T Z-' GATEWAY BOULEVARD 0' TRK:T AS NOT INCLUDED ..... :n TR/lCT [}-S ~ % T RK:T 0-5 ;\ ~ --i tIl ,;, r RK:T A-5 TRXT E-4 8 C:: ~ TRleT Erg 1"11 VI. ..... TRK:T CH VI ~ ~ 1"11 '" C:: 0, ~ TR/lCT IrB '?- 4J TRN::T A-4 f (j TRXT C4 C:i TRACT '0-1 C1 ~ --J --i TRXT C-I '" TR/1CT o-Z ~ BOYNTON CANAL C-/6 JOB NO. 02151 Project Nome, RENAISSANCE COMMONS owe BY, X C~.D By: JSH JS SCALE, 1"-300' DATE: 2/24/2005 SHEET '1 OF 2 EXHIBIT 3-A AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this "Ii day of December, 2004, personally appeared before me, an officer duly authorized to ad~r oaths and take acknowledgments, Stephen B. liller, who, after being duly sworn, deposes and says: 1. Affiant, Stephen B. Liller, an individual, is a Vice President of Town and Country Builders, Inc., a Florida corporation (herein, the "Corporation"). 2. The Corporation is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the .Property"). 3. Affiant, Stephen B. Liller, hereby represents that he has full authority to execute all documents and instruments on behalf of the Corporation, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Renaissance Commons Community Development District (the "Proposed COD"). 4. The Property represents a portion of the real property to be included in the Proposed COD. 5. Affiant, Stephen 8. Liller, on behalf of the Corporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed COD. , FURTHER, AFFIANT SAYETH NOT. ~ Lf:!.f!vr Stephen B. Liller Subscribed and sworn to before me this (g 'j;; day of December, 2004, by Stephen B. UUer, a Vice President of Town and Country Builders, Inc., a Florida "'l/PO~OQ. who personally appeared before me, ~s personally known to me or 0 produced 1!!1:.~ as identification. . [NOTARIAL SEAL] ..~",""~~ U8.AMEMCDONALO , i'-f i1 MYCOMMISS/ON'D0232130 ~g~1tJ . EXPIRES: Sep~ 24,2007 "It,\fo,1l' BcnlocIn.u NoIIoy 1'lM:~ Notary. 7)~~~ Print Name: .. f. Notary Public, State of Florida ~ My Commission Expires: t? p ~ 'V1 \M>B-FS1ISNlFOROS\50503OwOe\1118/04\51181.0102C0 1,51_ Sound _.Sum:J2lJ Soca Raton, Florida 33487 Q'MJ:~ ~Y= ~ SURVEYING & MAPPING Certificate of Authorization No. LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT TOWN AND COUNTRY PROPERTY LEGAL DESCRIPTION: LOTS ITHROUGH 240. TRACTS A-I, A-2, B-1. B-2. B-3, B-4, B-5, B-6, F, AND G-I THROUGH G-I I, ALL IN "RENAISSANCE COMMONS, A P.U.D.", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS D-5, D-6 AND B-8 OF "RENAISSANCE COMMONS PLAT TWO. A P.U.D..., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 27.453 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. ABBREVIATIONS L ARCLENGTH CONC. CONCRETE COR. . CORNER D . DEL T A (CENTRAL ANGLE) D.E. . DRAINAGE EASEMENT (.R. . IRON ROD I.R.C. IRON ROD AND CAP L.B. LICENSED BUSINESS loS. LICENSED SURVEYOR MON. MONUME NT a.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF CaI.U:NCE~NT P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PC. PAGE P.$.M. . PROFESSIONAL SURVEYOR 8 MAPPER R/W . RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JE(F-s.-H6D~p--------- SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK: NOT A SURVEY Project Nome. RENNSSANCE COMMONS JOB NO. 02151 DWG BY, JSH CK'O By. JS DATE. 2/24/2005 SHEET 1 OF 2 I@ , JOB NO. 02151 -- SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) / // 1.Al - ~W;~~ / l'l'/...-': 77/ '/ ~ '/ ~ rAl ~ ~/1 ;.1 '/~ /W~#~~ ~ ~/ ~ '.nA ~ '.I' 11A'Yl,/ \I Jj ""~// V. '/// /~,. V. !/. ~ po;(...-': 'V' / ><Y '/I 2 ./,~ ~c; ~~~V ~ y ~ '-----' TRN:T A-J -.",'7~~ -/4C% TRN:T E-J ~ ~ ~.~ ~~~ ~~ ~ "/ /J"r:II1/1/1 ~ j / ,//, I '" // J'v[.0 .7 '/. -'- ~ /~r-'l~ /f/0~A~ ~ 1 / ~ 1%'7/ ~ ~ V'i / 7/~,.L / ~ _ 7. r.A" 74 / '/':\ '/ / .. --... TRN::T I-I TRier F-2 TR/lCT A '/ 8 ~ ~ ~ ~ ~ TRN:T A-4 TRN:T C-I TRICT C>/ TRN:T C>2 TRN:T C-I ,- TRleT i 1 TR/lCT A-J J TRN:T H-U /:/ /P '/ '/'/:7' !,"7 /J k V ~/, lrL '/Y.{X '/ 17~ 0/ '/'l/ '/ '/ K4-~:~' j/}1 Y1 TRI'CT c-z GATEWAY BOULEVARD 'j NOT INCLUDED TRN:T 1>-7 t)'-_Wi ~ '~'- ~ -~ ~ ~ 1 .~ (' TRN:T [-4 TRICT C>4 ... '" ~ '" '" f3(Y(NTON CANAL C-/6 Project N""". RENAISSANCE COMMONS OllG BY. JSH X CK'O By. JS ~ 4J ; (j Si ~ --.j SeA.LE. 1".300' OA.TE. 2/24/2005 SHEET 2 or 2 EXHIBIT 3.8 ,/' -"\ I AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT 8T ATE OF FLORIDA ) ) 88 COUNTY OF PALM BEACH ) -tL On this ~ day of December, 2004, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the Manager of Compson Associates of Boynton LLC, a Florida limited liability company, the Manager of Compson Associates of Boynton II, LLC, a Florida limited liability company, and a principal of certain other related entities formed and to be formed (herein, collectively, the "Companies"). 2. The Companies are the owners of the following described property, to wit: See Exhibit "A" attached hereto (the "Property"). 3. Affiant, James Comparato, hereby represents that he has full authority to execute all documents and instruments on behalf of the Companies, including the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Renaissance Commons Community Development District (the "Proposed COD"). 4. The Property represents a portion of the real property to be included in the Proposed COD. 5. Affiant, James Comparato, on behalf of the Companies, as the sole owner of the Property in the capacity describe ve, hereby consents to the establishment of the Proposed COD. FURTHER, AFFIANT SA YETH NOT. s 0 .tJc... Subscribed and sworn to before e thO '--1.: day December, 2004, by James Comparato, he Manager of Compson sso ates of Boynton LLC, a Florida limited liability compa , he Manager of Compson sates of Boynton II, lLC, a Florida limited liability co ny, and a principal of certain ot related entities, who personally appeared before me, is personally known to me or 0 produced as identification. ~~~~~ ~fj~~~.~~ Notary Public, tate of ~a My Commission Explre-: t ," 19,.J f) 0 +-- [NOTARIAL SEAL] fj).....~~ 1'1 &,~ : '>A """""""" Ie DIAUONo ~ :r. MYCOMUISS/ON'OD224139 ~ .... . EXPIRES: JWl8 19, 2007 ~, IlmdIldnw NaIuy NlIo ~ WPB.FS [\SANroRDS\522S38~]\ 12n/1141.~7161,O ]1I2/XI 1951 Br_ SouOO p_. Sille 320 Boca Raton. Florida 33487 ~~, ME)"/: ~~ SURVEYING & MAPPING Certiflcata of Authorization No. LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT COMPSON ASSOCIATES PROPERTY LEGAL DESCRIPTION: TRACTS A-3, B-7, C-I, C-2, 0-1, 0-2, E-I, E-2, E-3, H-I AND H-2, ALL IN "RENAISSANCE COMMONS, A P.U.D. n, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS A-4, A-5, A-6, D-3, 0-4, 0-7, 0-8. D-9, E-4 THROUGH E-7. F-I AND F-2. ALL IN "RENAISSANCE COMMONS PLAT TWO, A P.U.O. ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA, AND CONTAIN 57.455 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. ABBREVIATIONS L . ARCLENGTH CONC. CONCRETE COR. . CORNER D DELTA (CENTRAL ANGLE) D.E. DRAINAGE EASEMENT I.R. IRON ROD I. R.C. IRON ROD AND CAP L. B. LICENSED BUSINESS L. S. . LICENSED SURVEYOR MON. MONUMENT O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. . POINT OF COMMENCEMENT P.B. . PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE P.$.M. PROFESSIONAL SURVEYOR a MAPPER R/W ~ R1GHT-OF-WAY [J.E. . UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL ST ANDARDS AS CONT AINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. AND THAT SAJD SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEF(-~-H6DAPP--------- SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK: NOT A SURVEY Project Nome. RE~SSANCE COMMONS JOB NO. 02151 OWG BY. JSH C'too By' JS DATE: 2/24/2005 SHEET 1 or 2 @ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) GATEWAY BOULEVARD - ~ ' . ~~ INCWDED /////// ~~r% ~59~ "/ /, "/ 1'S< 7/ .. ~ '//~r/ // t"/ TRX:T o-s ~ W% '. 2'0~~~ _ ~ ~~// -- _ si\~~'U/~~ E;J I ~ .~~~~ ~~ r- I~ - i rI ,~~ ~~~~~ ~ ~~)j0~/ /T:7//////////////////////~ j li ~..~~..'/ 8~~8E.~ II vY~R0~_1 I' g W///~ .'/f//h'/L-;:; Cl:J11 -[llITII :c r~ .~~~~~~'"j~ 11111 $) ~~~~~~~~ ~~ ,~u W7 0W//~'i/'/N~V~ ~ ~///;~ ~'rm >, 0701% './//mz/~~/i'/~~ WlIf T:-:-~~J: ~ '/.:r1r@'~ ~~t Wf. l' T rTITT1T1TlTl n IlllT ~% E El nil r 1 E ~ V TRier kZ I 'l/ f- f- I- \I I1IIIII111 LIIIIIJ r~-:/ f- ~ III II~ ~ \ TRier >Pr BOYNTON CANAL C-/6 JOB NO. 02151 Project Nome. RENAISSANCE COMMONS DWC BY, JSH SCALE. '''-300' X CK'O By' JS OUE, 212412005 SHEET 2 OF 2 EXHIBIT 4-B RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT GOOD FAITH COST ESTIMATE Stormwater Drainage, including related earthwork $1,745,000 Water and Sewer System $2,123,061 Landscaping and Irrigation in public rights of way $2,331,776 Roadway Improvements, including paving, street lighting, striping and signage $3,012,502 Onsite Tree Relocation Mitigation $ 800.000 TOTAL $10,012,339 EXHIBIT 4-B RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT GOOD FAITH COST ESTIMATE Stormwater Drainage, including related earthwork $1,745,000 $2,123,061 $2,331,776 $3,012,502 Water and Sewer System Landscaping and Irrigation in public rights of way Roadway Improvements, including paving, street lighting, striping and signage Onsite Wetlands Mitigation TOTAL $ 800.000 $10,012,339 WPIl-FS1\SANF0RDS\505930v14\57161.010200 RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS December, 2004 Prepared by Special District Services, Inc. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 (561) 630-4922 Phone (561) 630-4923 Fax STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs e'SERC") supports the petition to establish the Renaissance Commons Community Development District ("District"). The District comprises approximately 86.98+/- acres of land located in the City of Boynton Beach, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing community development district establislunent) 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." 1.2 Overview of Renaissance Commons Community Development District The District is designed to provide district infrastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing 1692 residential units within the boundaries of the District consisting of townhomes and condominium units. There will also be approximately 337,653 square feet of commercial space. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate ofthe 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. (b) 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 and local revenues. (c) 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. (d) 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. The City of Boynton Beach is not defined as a small City for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) 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 rej ecting 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 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. The Renaissance Commons Community Development District will serve land that comprises approximately 86.98+/- acres of residential development to be made up of an estimated 1692 residential units as described above. The estimated population of the District is 3350 +/-. The property owners in the District will be individuals and may own and operate industrial, manufacturing and other retail and non-retail related businesses outside the boundaries of the District. 3.0 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. There is no state agency promulgating any rule relating to this project that is anticipated to effect state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of enacting 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 on the 2 proposed land, will encompass under 1,000 acres, therefore, the City of Boynton Beach 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 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City ofBovnton Beach There will be only modest costs to the City for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself 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. Finally, the City routinely processes similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to City of Boynton Beach, because of the establishment 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. However, the Petitioner has included a payment of$15,000 to offset any expense the City may incur in the processing ofthe Petition, or in the monitoring of this District 3.2 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 unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 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. 3 Table 1 provides an outline of the various facilities and services the proposed District may provide. The water and sewer utilities, stonnwater drainage, on site tree relocation mitigation and certain off site improvements will all be funded by the District. Table 1 PROPOSED FACILITIES AND SERVICES FACILITY FUNDED O&M BY BY CDD CDD CDD CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for those facilities, which may be provided, are estimated to be approximately $10.012.339. The District may issue special assessment bonds to fund all or a portion of the costs of these facilities. These bonds would be repaid through non ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Prospective future landowners in the District 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 by various names for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its 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 as a tradeoff for the benefits and facilities that the District provides. A community development district ("CDDn) provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, provision by the City, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners.ofthe lands to be included within the District will receive three major classes of benefits. 4 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 current growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District 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 City'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 management 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. Table 2 COST ESTIMATE FOR DISTRICT FACILITIES ation Cost Estimates $ 1,745,000 $ 2,123,061 $ 2,331,776 $ 3,012,502 $ 800,000 Total S 10,012,339 5.0 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 dermed by Section 120.52, F.S. There could be both positive and negative impacts on small businesses because of the establishment of the District. Positive impacts could occur as a result of the additional population in the District requiring more goods and services from small businesses. Negative impacts could occur because of the increased competition generated by the new business in the commercial area within the District. The City of Boynton Beach has an estimated population in 2004 that is greater than 10,000; therefore the City is not defined 5 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 formation of the District. Palm Beach County has an estimated population in 2004 that is greater than 75,000; therefore the County is not defined as a "small" County according to Section 120.52, F.S, and there will accordingly be no impact on a small County because of the formation of the District. 6.0 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. **************** 6 APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FL. STATUE CITATION DUE DATE Annual Financial Audit 12 months after end of fiscal year Annual Financial Report TRIM Compliance Report Form 1: Statement of Financial Interest Public Facilities Report Public Meetings Schedule Bond Report Registered Agent Proposed Budget Public Depositor Report 190.008 & 218.39 190.008 & 218.32 200.068 112.3145 189.415 189.417 218.38 189.416 190.008 280.17 12 months after end of fiscal year no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) within 30 days of accepting 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) 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 quarterly, semiannually, or annually when issued within 120 days after delivery of bonds within 30 days after first meeting of governing board prior to October 1 annually by 11130