04-062
II
1 ORDINANCE NO. 04-Db2..
2 AN ORDINANCE OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, ESTABLISHING THE HIGH
4 RIDGE/ QUANTUM COMMUNITY DEVELOPMENT
5 DISTRICT; ESTABLISHING THE BOUNDARIES OF
6 THAT DISTRICT; APPOINTING THE INITIAL BOARD
7 OF SUPERVISORS; PROVIDING FOR POWERS OF
8 THE BOARD; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on May 17, 2004, Westbrook Homes submitted a petition to the
13 i City for the creation of a community development district for High Ridge/Quantum
14 i iCommunity Development District ("High Ridge"), in accordance with Section 190.055(2)
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15 i! (a), Florida Statutes; and
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WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part
17 : hereof contains the information required in Section 190.005(1O)(a), Florida Statutes; and
18 WHEREAS, a public hearing on the petition was conducted by the City
19 !Commission on August 3, 2004, at City Hall in accordance with the requirements of
20 ISections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and
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21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in
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ISection 190.005(1)(e) and the record of the public hearing held on August 3, 2004, in
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23 I Imaking its determination as to whether to grant or deny the establishment of the High
IRidge/community Development District; and
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I 1. That all statements contained within the Petition have been found to be
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krue and correct.
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WHEREAS, the City Commission has determined that:
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1
2.
That the creation of the District is not inconsistent with any applicable
2 element or portion of the State Comprehensive Plan or of the effective local government
3 comprehensive 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
8 delivering the community development services and facilities to the High Ridge/Quantum
9 Corporate Park.
10
5.
That the proposed services and facilities to be provided by the District are
11 not incompatible with the capacity and uses of existing local and regional community
12 services and facilities.
13
6.
That the area identified in the Petition is amenable to be included in the
14 proposed District; and
15 WHEREAS, the City Commission has determined that the creation of the High
16 Ridge Quantum/Community Development District would be consistent with the criteria
17 for community development districts as set forth in the Uniform Community
18 Development District Act of 1980;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
Each Whereas clause set forth above is true and correct and herein
22 incorporated by this reference.
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1
Section 2.
In accordance with the provisions of Chapter 190, Florida Statutes,
2 the City Commission of the City of Boynton Beach, Florida hereby establishes a
3 community development district as follows:
4
CREATION AND NAME: There is hereby created a Community Development
5 District to be known as HIGH RIDGE/COMMUNTY DEVELOPMENT DISTRICT.
6 LEGAL DESCRIPTION: The legal description for the Community Development
7 District is attached hereto as Exhibit "A" and incorporated herein by reference. In
8 addition, a map depicting the land area to be serviced by the District is attached as Exhibit
9 "B" and incorporated herein by reference.
1 0 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows.
11 Their terms, powers and duties are as described in Chapter 190, Florida Statues:
12
(a)
Harold Eisneacher
13
(b)
David Webber
14
(c)
Russell Barnes
15
(d)
Michael DeBock
16
(e)
Claudia Feldman
Section 3.
The Board of Supervisors shall have only such powers as set forth
17
18 in Florida Statutes 190.011 and 190.012.
19
Section 4.
That any individuals who purchase property in the District should
20 be advised of the existence of the District, as well as the costs associated with owning
21 property within the District.
22
Section 5.
That all ordinances or parts of ordinances in conflict herewith be
23 and the same are hereby repealed.
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1
Section 6.
Should any section or provision of this ordinance or portion hereof,
2 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
3 invalid, such decision shall not affect the remainder of this ordinance.
4
Section 7.
Authority is hereby granted to codify said ordinance.
5
Section 8.
This ordinance shall become effective immediately upon passage.
6
FIRST READING this i day of
All~U. ~
,2004.
/
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ATTEST:
34
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Exhibit A
LEGAL DESCRIPTION
BEING LOT 88 AND A PORllON OF LOlS 83. 84. 86 AND 87,
QUANnJN PARK AT BO~1ON BEAOI. P.I.O. PLAT NO. e. PLAT BOOK
57, PAGES 198 AND 197, PUBUC RECORDS OF PAUtt BEAOi COUNTY,
flORIDA. DE~IBED ItS F'ou.Ows:
BEGINNING AT lHE NORtHEAST CORNER Of' SAID LOT 88. RUN
'tHENCE soum 8...,2'27. WEST ALONG THE NORlH UNE Of SAID LOT
88. A DISTANCE OF 364-.01 FEET. THENCE SOUTH 00-3"". EST
H..ONG lHE YEST UNE OF SAID LOT 88. A DISTANCE OF 398.48
FEET: 1HENCE SOUTH 12...02'4'. WEST H..ONG 1HE SAID WEST UNE
OF LOT 88 AND ALONG THE YaEST UNE Of' SAID LOT 87 AND ALONG
'tHE WEST UNE 0; SAlO LOT 83, A DISTANCE OF 4-15.i7 fEET;
THENCE NOR'TH Qo...oo'oo. EAST, A DISTANCE OF 735.81 FEET:
'THENCE NORlH 7;s,..35'59- EAST, A DISTANCE OF 313.44 FEET TO A
POINT OM lHE YE:S1ERL Y RIGHT OF WAY UNE Of' HIGH RIDGE ROAD
AS SAME IS SHOWN ON S"'D PLAT NO. 8. SAID WESTERLY RIGHT OF'
WAY UNE ALSO BElNG A CURVE CONCA\f: TO lHE SOUlliWEST HAVING
A RADIUS OF 466.00 FEET FROM MilCH A RADIAL UHE BEARS SOUTH
62-,,'30. VEST; 'THENCE NOR1HWESTERLY ALONG SAID \ESTERlY
RIGHT Of WAY UNE AND AlONG THE ARC Of' SAID aJR'JE lHROUGH A
CENTRAL ANCLE Of" 37~28'13.. A DISTANCE OF 304.48 FEET TO lHE
POINT Of TANGENCY; THENCE NORlH 65-14'43. WEST. CONT1NUING
tLG SAID WES1ERLY RIGHT Of WAY UHE. A DISTANCE Of 50.00
10 lHE POINT OF CURVAllJRE OF A CUR'JE CONCA'JE TO lHE
N EAST HAlr1NG A RADIUS OF' 550.00 fEET: THENCE
NORlHYeES'~ Y AI..OHG THE ARC ~ SAID CU~ THROUGH A CENTRAL
ANGLE Of' .,.....34.58.. A DISTANCE OF 819.95 FEET TO THE POINT
OF BEGINNING.
CONTAINING 11.612 ACRES. MORE OR LESS.
A PARCEl.. OF' LAND SllUATE IN SECnON 18. TOMilSHIP .., SOUlH. RANGE 4-3
EAST. PALM BEACH COUNTY. FlORIDA. BElNG MORE PARlICULARL Y DESCRIBED AS
LOT 89-B, QUANl\JM PARK AT BO'rNTON BEACH. PJ.D.. PlAT NO.8. ACCORDING
TO 'THE PLAr lHEREOF. AS RECORDED IN PLAT 800K 57. PAGES 198 ntROUGH
197. INCWSl'JE. OF' lHE PUBUC RECORDS OF' PALM BEACH COUNTY. flORIDA.
LESS lHE f'OLLOVtlNG DESCRIBED PARCEl: .
FOlLOWS:
BEGINNING AT 'THE NORlHEAST CORNER Of Lor 89-A: lHENCE SOUIH ....24'22-
EAST ALONG THE NORTH UNE OF SAID LOT 89-B 43.08 FEET: tHENCE SOUlH
01,.,35'38. WEST 241.17 FEET; niENCE NORTH 8&-024'22. v.EST 265.43 FEET TO
A POINT COINCIDENT Vt1TH lHE EAST RIGHT-OF-WAY UHE OF HIGH RIDGE ROAD,
A$e"ECfrPED IN tHE PLAT OF QUANlUW PARK AT BO'VNTON BEACH P.I.D.. PLAT
Rcr.''1; tN PLAT BOOK 57. PACES 10e AND 107. Of lHE PUBUC RECORDS OF
PALM BEAaf COUNlY. f1.ORIDA; niDlCE NORlHM:STERL Y ALONG A CURW: TO 1HE
RIGHT Willi AN ARC DISTANCE OF ~.45 fEET, DELTA ANGLE (:F 05N4T14-
RADIUS OF 450.00 FEET. CHORD DISTANCE or 45.4-3 FEET AND OiORD BEARING
OF NORlH 3QNSS'-M. WEST TO THE SOUlHVtEST CORNER OF LOT 89-A; THENCE
NORlH 66-36'00. EAST 272.28 FEET TO lHE SOUlHEAST CORNER Of' LOT 8i-A;
lHENCE NORlH 01....35'38. EAST 87.81 fEET TO 1HE POINT Of' BEGINNING.
CONTAINING 3.998 ACRES. MORE OR LESS.
EXEIBI7 "B"
Location Map
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HIGH RIDGE/QUANTUM
COMMUNITY DEVELOPMENT DISTRICT
CONTENTS
A.
PETITION FOR ORDINANCE
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4A
Exhibit 4 B
Exhibit 5
Exhibit 6
General Location of Project
Metes and Bounds Legal Description
Affidavit of Ownership and Consent to the Creation of CDD
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public & Private Use Map
Statement of Estimated Regulatory Costs
Appendix A
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4 pages
8 pages
BEFORE THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
INRE:
AN ORDINANCE TO EST ABLlSH
THE HIGH RIDGE/QUANTUM
COMMUNITY DEVELOPMENT DISTRICT
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PETITION
WESTBROOKE HOMES, A Florida general partnership ( the "Petitioner"),
hereby petitions the City Commission of the City of Boynton 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 in 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 15+/- acres of land. The
real property within the boundary of the proposed District is a parcel of land located
North of Gateway Boulevard of which approximately 11.61 acres lie on the West side of
High Ridge Road and approximately 3.99 acres lie on the East side of High Ridge Road.
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 the 100% real property to be
included in the District.
3. The five (5) 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 Bames
Michael DeBock
Claudia Feldman
4. The proposed name of the District to be established IS the High
Ridge/Quantum Community Development District ("the District").
5.
outfalls.
There are not existing major trunk water mains, sewer interceptors and
6. The proposed timetable for the construction of the 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 Boynton Beach, Florida (the "City"). The future land use map is shown on
Exhibit 5. The land within the proposed District is zoned for mixed use. It is further
anticipated that the subject lands will be permitted to be developed for approximately 155
townhomes ranging in approximate square footage of 1,492 to 1,936 with prices ranging
from $170,000 to $215,000. The Petitioner intends that the District will finance (i)
surface water management and control systems, (ii) water distribution and wastewater
collection and transmission facilities and (iii) 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% 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 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 amendable to operating as an
independent special district for the following reasons:
(a) Establishment ofthe 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 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]
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 Statues to
consider the establishment of the High Ridge/Quantum Community Development
District; and
Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this
Petition and establishing the High Ridge/Quantum Community Development District.
Respectfully submitted this 17th day of
May
2004.
WESTBROOKE HOMES, a Florida
general partnership, as Petitioner
By: WESTBROOKE COMPANIES, INC., a
Delaware corporation and general partner
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Title: Vice President
HIGH RIDGE/QUANTUM COMMUNITY DVELOPMENT DISTRICT
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
EXHIBITS
Location Map
Legal Description
Consent and Proof of Ownership or Control
Construction Timetable and Good Faith Cost Estimate
Future Land Use Map from the City of Boynton Beach, Florida
Comprehensive Plan depicting the location of the proposed District
Statement of Estimated Regulatory Costs
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Exhibit 2
LEGAL DESCRIPTION
BEING LOT 88 AND A PORl1ON OF LOlS 83, 84-, 86 AND 87.
QUANruN PARK AT BO~TON BEAOt. P.I.D. PLAT NO. 8. PLAT BOOK
57. PAGES '9S AND 197. PUBUC RECORDS OF P~ BEAOi COUNTY,
FLORIDA, DESCRIBED IS rou.ows:
BEGINNING AT THE NORtHEAST CORNER Of' SAID LOT 88, RUN
'THENCE SOUlH 89-12'27. WEST ALONG 'THE NOR1lf UNE Of SAID LOT
88. A DISTANCE OF 364.01 FEET; niENCE SOUlli 00-31'11. WEST
H..ONG lHE WEST UNE OF SAID LOT 88. A DISTANCE OF 398.48
FEET; THENCE SOUTH 12...02'41. WEST ALONG 1liE SAlO WEST UNE
OF LOT 88 AND ALONG lHE VtEST UNE OF SAID LOT 87 AND AlONG
THE WEST UNE OF' SAID LOT 83. A DISTANCE OF 415.97 FEET:
THENCE NORni 90...00'00. EAST. A DISTANCE OF 7~.81 FEET:
lHENCE NOR'TH 7Jo..o35.S9. EAST. A DISTANCE Of 313.44 fEET TO A
POINT ON THE YtESlERL Y RIGHT OF WAY UNE OF HIGH RIDGE ROAD
AS SAME IS SHOWN ON SAID PLAT NO.8. SAID WESTERLY RIGHT OF
WAY UNE ALSO BEING A CURVE CONCA\t: TO lHE SOU1H~ST HAVING
A RADIUS OF 466.00 FEET FRO" MilCH A RADIAL UNE BEARS SOUTH
62....".30. WEST; niENCE NORTHWESTERLY ALONG SAID WESTERlY
RIGHT OF WAY UNE AND ALONG 'THE ARC OF SAID aJR\€ THROOGH A
CENTRAL ANGLE OF' 37-26'13., A DISTANCE OF 304.48 FEET TO 'THE
POINT OF' TANGENCY: THENCE NORTH 65-14'43- ~ST. CONTlNUING
~G SAID M:SlERLY RIGHT or WAY UNE, A DISTANCE OF 50.00
TO THE POINT OF CURVATURE OF' A OJRVE CONCAVE TO THE
N lHEAST HA 'JING A RADIUS OF 550.00 FEET: THENCE
NOR1H~1ERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4ot-34'56-. A DISTANCE Of 619.95 FEET TO niE POINT
OF BEGINNING.
CONTAINING 11.612 ACRES. MORE OR LESS.
A PARCEl. OF LAND SITUATE IN SEcnON 18, TO"'SHtP 45 SOUni, RANGE 43
EAST. PALM BEAOi COUNlY. fLORIDA. BElNG MORE PARnCULARLY DESCRIBED AS
LOT 89-8, QUANlUM PARK AT BOYNTON BEACH. P.I.D.. PlAT NO.8. ACCORDING
TO 'THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 57, PAGES 198 'THROUGH
197. INCWSlVE. OF 'THE PUBUC RECORDS Of PALM BEACH COUNTY. FLORIDA.
LESS THE FOLLOYetNG DESCRIBED PARCEL:
FOLLOWS:
8EGtNNING AT TliE NORniEAST CORNER OF LOT 89-A: tHENCE SOUlH 8&-024'22.
EAST ALONG THE NORtH UN[ OF SAID LOT 89-B 43.08 FEET: THENCE SOUlH
01...35'38. 'ltE:ST 241.17 FEET; tHENCE NORlli ~24'22- WEST 265.43 FEET TO
A POINT COINCIDENT v.1lH tHE EAST RIGHT-OF-WAY UNE Of HIGH RIDGE ROAD,
.4Sr.,.IE~EO IN THE PLAT OF QUANlUW PARK AT BOYNTON BEACH P.I.D., PLAT
FJ(Y.""~ 1N PLAT BOOK 57, PACES 196 AND 197, OF lHE PUBUC RECORDS OF
PALN BEAOf COUNTY. RORIDA; lHENCE NORlHWESTERlY ALONG A CURVE TO lHE
RIGHT WITH AN ARC DISTANCE OF 45.45 FEET. DELTA ANGLE OF 05-47'14-
RADIUS OF 450.00 FEET, CHORD DISTANCE Of 45.43 FEET AND CHORD BEARING
OF NORlH 30-55'46. WEST TO THE SOUlH'AEST CORNER OF LOT 8S-A; THENCE
NORlH 66....36.00. EAST 272.28 FEET 1'0 THE SOUTHEAST CORNER Of' LOT 89-Ai
lHENCE NORTH 01...;35'38- EAST 87.81 FEET TO lHE POINT OF BEGINNING.
CONTAINING 3.996 A.CRES. MORE OR LESS.
EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
On this ~ day of Ma y 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:
See Exhibit "A" attached hereto (the "Property")
4. 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 High Ridge/Quantum
Community Development District (the "Proposed CDD").
5. The property represents all of the real property to be included in the Proposed
CDD.
6. 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 SA YETH NOT.
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Subscribed and sworn to before me this 17th day of May ,2004, by
David Webber , who personJllYi
appeared before me, and is personally known. :\ ~ :;J:; I
Notary:' ~ r L- tlA.L--'
Print Name: fJv;t.-Jce:. ,0 lJ/1€-E
Notary Public, State of Florida
~~~ FRANCESJ.WARE
~ ...~ MY COMMISSION # DD 195918
~-tOF~II~ EXPIRES: March 23. 2007
1-800-3-NOTARY FL Notary Discount Assoc. Co.
Exhibit A
LEGAL DESCRIPTION
BEING LOT 88 AND A PORllON OF LOlS 83, 840, 86 AND 87.
QUANlUN PARK AT BO'YNTON BEAQt. P.I.D. PLAT NO. 8. PLAT BOOK
57, PAGES 198 AND 197, PUBUC RECORDS OF PAlM BEAOi COUNTY,
flORIDA, DE~IBED /JIS F'ou.OWS:
BEGINNING AT THE NORTHEAST CORNER Of' SAID LOT 88, RUN
lHENCE SOUlH 8...,2'27- WEST ALONG lHE NOR1H UNE Of SAID LOT
88. A DISTANCE OF 364-.01 FEET. THENCE SOUTH 00-3"11- YeEST
H..ONG lHE VEST UNE OF SAID LOT 88. A DISTANCE OF' 398.48
FEET; THENCE SOUTH 12...02.41. WEST ALONG 1HE SAlO WEST UNE
OF lOT 88 AND ALONG THE YaEST UNE OF SAID LOT 87 ANO ALONG
lHE WEST UNE 0; SAID LOT 83, A DISTANCE OF 415.97 fEET;
lHENCE NORlH 90-00'00. EAST, A DISTANCE OF 7~.81 FEET:
lHENCE NORTH 73-35.59. EAST, A DISTANCE OF 313.44 FEET TO A
POINT ON THE WESlERL Y RIGHT OF WAY UNE OF HIGH RIDGE ROAD
AS SAME IS SHOWN ON SAID PLAT NO.8. SAID WESTERLY RIGHT OF
WAY UNE ALSO BElNG A CURVE CONCA~ TO TIiE SOUTHM:ST HAVING
A RADIUS OF 466.00 FEET FRON IMiICH A RADIAL UNE BEARS SOUTH
62-11 '30- YtEST; lHENCE NOR1HWESTERL Y ALONG SAID WESTERLY
RIGHT Of' WAY UNE ~D ALONG THE ARC Of SAID WRYE lHROUGH A
CENlRAL ANGlE OF 37....26'13.. A DISTANCE OF 304.4-8 FEET TO THE
POINT OF TANGENCY; THENCE NORTH 65....'4'403. WEST, CONl1NUING
~G SAID M:SlERL Y RIGHT OF WAY UNE, A DISTANCE OF 50.00
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
N THEAST HA \JING A RADIUS OF 550.00 FEET: THENCE
NORlHYtESlERL Y ALONG THE ARC OF SAID CURVE 'THROUGH A CENlRAL
ANGlE OF 84-34'58-, A DISTANCE OF 619.95 FEET TO lHE POINT
OF BEGINNING.
CONTAINING 11.612 ACRES. MORE OR LESS.
A PARCEl.. OF LAND SITUATE IN SECnON 18. TOMIISHIP 45 SOUlH, RANGE 43
EAST. PALM BEACH COUNTY. FLORIDA. BEJNG MORE PARTICULARLY DESCRISm AS
LOT 89-B, QUANlUM PARK AT BO'tNTON BEACH, P.I.D., PLAT NO.8. ACCORDING
TO THE PLAT THEREOF'. AS RECOROEO IN PLAT BOOK 57, PAGES 198 'THROUGH
197, INCWSl\IE, OF tHE pueuc RECORDS Of PALM BEACH COUNTY, fLORID A.
LESS THE rOlJ.OYttNG DESCRIBED PARCEL:
FOLLOWS:
BEGINNING AT THE NORTIiEAST CORNER OF LOT 89-A; THENCE SOUni 8&-024-'22-
EAST ALONG THE NORlH UNE OF SAID LOT 89-B 43.08 FEET; lHENCE SOUlH
01...35'38. VEST 241.17 FEET: THENCE NOR'TH 88ov2.'22- \\EST 265.43 FEET TO
A POINT COINCIDENT Willi lHE EAST RIGHT-OF-WAY UNE OF HIGH RIDGE ROAD.
~"-:CflRDED IN 'THE PLAT OF QUANTUM PARK AT BOYNTON BEACH P.I.D., PLAT
fiicr~ 1N PLAT BOOK 57. PAGES 196 AND '97, OF lHE PUBUC RECORDS OF
PAUl 8EAOi COUNTY. fl.ORIDA; THENCE NORlliWESTERL Y ALONG A CURVE TO lHE
RIGHT WITH AN ARC DISTANCE OF 45.45 FEET. DELTA ANGlE OF 05-471.-
RADIUS OF' 450.00 FEET, CHORD DISTANCE OF' 4S.4J FEET AND CHORD BEARING
OF NORni 30-55'46- WEST TO niE SOUlHVIEST CORNER OF LOT 89-A: THENCE
NORni 66-36.00. EAST 272.28 FEET TO THE SOUTHEAST CORNER OF LOT 89-A;
lHENCE NORni 01...35'38- EAST 87.81 fEET TO lHE POINT OF BEGINNING.
CONTAINING 3.996 ACRES. MORE OR LESS.
EXHIBIT 4-A
HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT
ESTIMATED CONSTRUCTION TIME TABLE
Water and Sewer System
Stormwater Drainage
Earthwork
Start
August 2004
August 2004
June 2004
Finish
December 2004
December 2004
December 2004
EXHIBIT 4-B
HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT
GOOD FAITH COST ESTIMATE
Water and Sewer System
Stormwater Drainage
Earthwork
$ 584,916
486,628
142,479
Total
$1.214.023
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Legend
, ., ,- aTY BOUlI()ARy
,', WATER
: LOW DENSITY RESIDENTIAL (LOR) Mall 4.84 D.UJAcre
. MOtERATE DENSITY RESIDENTIAL (MOOR) Mall. 7.26 D.U.lAur.
I.. c--.! MEDIUM DENSITY RESIDENTIAL lMEDR) Mall. 9.58 D.UJAcre
.11-100 DENSITY RESIDENTIAL (HDR) Mall 10.8 D.UJAcre
[~' i OffiCE C<M.1EROAL (OC)
. LOCAL RETAIL CQo.IIMERaAL (LRC)
. GENERAL Ca.4MERClAL (GC)
[=] INDUSTRIAL (I)
I ".'; i AGRlCUL TURE (A)
i RECREAllONAL (R)
. PUBLIC I\. PRIVATE GOVERNMENTAlJlNST1TUT1ONAL (PPG!)
. MIXED USE (MX)
~ SUBJECT PROPERTY
HIGH RIDGE/QUANTUM
COMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF ESTIMATED REGULATORY COSTS
May 17,2004
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
ST A TEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petItIon to
establish the High Ridge/Quantum Community Development District ("District"). The
District comprises approximately 15.6 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 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 High Ridge/Quantum 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 155 residential town home dwelling units within the boundaries of the
District.
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 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.
(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. 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.
(t) 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 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 High/Ridge/Quantum Community Development District will serve land that
comprises approximately 15.6 acres residential development to be made up of an
estimated 155 residential town homes. The estimated population of the residential
portion of the District is 375 +/-. The property owners in the District will be individuals
and may 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 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 on the
proposed land, will encompass under 1,000 acres, therefore, City of Boynton Beach is the
2
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 of Boynton 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 process 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.
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.
Table 1 provides an outline of the various facilities and services the proposed District
may provide. The utilities and drainage will all be funded by the District. The District
may also fund the acquisition of land to be owned and maintained by the District.
3
Table 1
HIGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
stem
FUNDED
BY
CDD
CDD
CDD
0&1\1. BY
CDD
Cit
Cit
OWNERSHIP
BY
CDD
Cit
Cit
FACILITY
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 $1.214.023. The District may issue
special assessment bonds to fund 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 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 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 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
4
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
HIGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT
Cost Estimate for District Facilities
Category Cost Estimates
Earthwork $ 142,479
Drainage System $ 486,628
Potable Water System $ 257,100
Sanitary Sewer System $ 327,816
Total $ 1,214,023
Table 3
HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT
Estimated Construction Timetable For District Facilities
Category Completion Date
Drainage System December 2004
Water System December 2004
Sewer System December 2004
5
5.0 An analysis of the impact on small businesses as deC"med 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.
There will be no impact on small businesses because of the establishment of the District.
The City of Boynton Beach has an estimated population in 2002 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 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
Annual Financial Audit 11.45
Annual Financial Report 218.32
TRIM Compliance Report 200.068
Form 1: Statement of Financial 112.3145
Public Facilities Report 189.415
Public Meetings Schedule 189.417
Bond Report 218.38
Registered Agent 189.416
Proposed Budget 189.418
Public Depositor Report 280.17
DUE DATE
within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
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
no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
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)
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 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 11/30