HomeMy WebLinkAbout1241-14 Silverado CDD IIIIIII
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ORDINANCE NO. 1241-14 /12/ K. pt Cler
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS FLORIDA,
ESTABLISHING THE SILVERADO I COMMUNITY
DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190,
ii FLORIDA STATUTES; PROVIDING FOR AUTHORITY AND
POWER OF THE DISTRICT; PROVIDING FOR POWERS AND
/ DUTIES OF THE DISTRICT; PROVIDING FOR THE BOARD OF
SUPERVISORS OF THE DISTRICT; PROVIDING FOR THE
DISTRICT BUDGET; PROVIDING FOR FUNCTIONS OF THE N
DISTRICT; PROVIDING FOR MISCELLANEOUS PROVISIONS; °D ►� _
PROVIDING FOR AN EFFECTIVE DATE.
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.c WHEREAS, Dune FL Land I Sub, LLC (the "Petitioner") has petitioned the City of o
,m y Zephyrhills City Council (the "CITY") to adopt an ordinance establishing the boundaries of the I �°
Silverado Community Development District (the "District") pursuant to Chapter 190, Florida
m a Statutes, and granting certain special powers; and ! o
WHEREAS, the City, in determining whether to establish the District boundaries, has off;
considered and fords that all statements contained in the Petition to Establish the Silverado A
Community Development District(the "Petition") are true and correct; and
rBN
m WHEREAS, the City has considered and finds that the establishment of the District is
not inconsistent with any applicable element or portion of the City of Zephyrhills
c m Comprehensive Plan; and �=
WHEREAS, the City has considered and.finds that the area of land within the District is
a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a
functional interrelated community; and
WHEREAS, the City has considered and finds that the District is the best alternative for
delivering the community development services and facilities to the area that will be served.by
the District; and
WHEREAS, the City has considered and finds that the community development services
and facilities of the District will not be incompatible with the capacity and uses of existing local
and regional community development services and facilities; and,
WHEREAS, the City has considered and finds that the area that will be served by the
a
District-is amenable to separate special-district government; and
E
mWHEREAS, a duly noticed public hearing on the Petition was held prior to the adoption
'-'M of this Ordinance establishing the District.
WO)
N m NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
N Zephyrhills, Florida, as follows:
SECTION 1. AUTHORITY
This Ordinance is enacted pursuant to Chapters 166 and 190, Florida Statutes (2014), and
under the home rule powers of the City.
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SECTION 2. LEGISLATIVE FINDINGS OF FACT I / / 1 T. 5. , pt 1�e
The foregoing Whereas clauses, incorporated herein, are true and correct.
SECTION 3. AUTHORITY AND POWER OF THE DISTRICT
a. There is hereby established the District, as depicted in Exhibit A of tie
Petition, and the external boundaries of which is described in Exhibit B of the Petition,
which shall operate in accordance with those requirements as set forth in Florida;Statutes,
Record and Return to: �a ! S..o Er o sco ERK coM R
9' .
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5335 8th Street
Zephyrhills, FL 33542
' I
Chapters 189, as amended and 190, the Uniform Community Development District Act of
1980, as amended.
b. The establishment of the District shall not affect any requirements for
governmental approval of any construction within the District. Development shall be in
accordance with the Preliminary Development Plan and Silverado Residential Design
Guidelines, as may be amended,pertaining to land within the District shall remain in effect. All
other State_and local development regulations shall_apply. Planning, environmental, and land_ T_
development regulations shall apply to all development and construction within the District
regardless of who undertakes the activity. Further, the District shall not have the authority to
adopt a comprehensive plan, building code, or land development code.
c. The District shall have no eminent domain powers outside its boundaries
without first obtaining the expressed written approval of the City Council of the City of
Zephyrhills by resolution.
d. The District shall have authority to fund and/or to construct improvements
outside its boundaries:pursuant to, the obligations, of the Silverado.. Development Agreement
without the requirement to first enter into an Interlocal Agreement with the City Council of the
City of Zephyrhills authorizing such expenditures.
e. The District shall comply with all applicable provisions of Chapter 189,
Florida Statutes, including, but not limited to, the requirement that a "Public Facilities Report"
be made andsubmitted to the City in accordance with Section 189.415, Florida Statutes.
SECTION 4. POWERS AND DUTIES OF THE DISTRICT
The exclusive charter for the District shall be the uniform community
development district charter as set forthin-F lorida Statutes-190 which includes;but is not limited
to,the following:
a. The District shall provide financial reports to the Department of Financial
Services in the same form and in the same manner as all other political subdivisions, including
the City.
b. The District shall fully disclose information concerning the financing and
maintenance of real property improvements undertaken by the.District. .Such information shall
be made available to all, existing and prospective residents of the Silverado Community
Development District and the City.
c. All contracts for the initial sale of real property and residential units within
the District shall disclose to the buyer the existence of the District and the District's authority to
levy taxes and assessments. Both the text and the placement of the text in the contract of sale
must appear as mandated by law.
d. The District shall have the authority to pledge only the District's funds,
revenues, taxes, and assessments to pay the District's indebtedness.
e. — A 1 bonds issued by the District fiall be secured by a trust agreement
between the District and a corporate trustee or trustees.
f. In the event of a default on District Bonds, the obligations of the District
shall not constitute a debt or obligation of the City, County, or the State.
g. The District shall be subject to the Florida Constitution provision requiring
approval of ad valorem taxes by referendum; the millage rate,for such taxes:shall be limited by
statute. In addition to the millage cap, the aggregate principal amount of general obligation'bonds.
outstanding at any one (1) time shall not exceed thirty-five (35) percent of the assessed value of the
property within the District.-. Should the residents of the District impose ad valorem taxes upon
themselves, such taxes shall be in addition to the City's and other ad valorem taxes and shall. be
assessed,levied,and collected in the same manner as the City's taxes.
OR BK 9399 PO 2668
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h Rates, fees, rentals, and other charges for any facilities or services of le
District shall be established only after a noticed public hearing.
i. Within thirty (30) days after the effective date of this Ordinance, the District
shall record a Notice of Establishment of District Boundaries in the property records of Pasco Count,
which the said notice shall include at least the legal description of the property within the District and
the notice required to be given to buyers of property within the District.
SECTION 5. BOARD OF SUPERVISORS OF THE DISTRICT
a The District Board of Supervisors shall exercise the powers and responsibilities
granted to the District.
b. The members of the District's Board of Supervisors shall be residents of Florida
and citizens of the United States. The names of the five (5) persons designated to be the initial
members of the Board of Supervisors as listed in Exhibit D of the Petition.
c. After the Board of Supervisors shifts to being elected by the resident electors
of the District, the supervisors shall also be residents and electors of the District.
I �
d. Candidates for the District's Board of Supervisors seeking election to office
by the qualified electors of the District shall be subject to the same campaign financing disclosure
requirements and oath of office requirements as candidates for any other public office.
e. The compensation of each supervisor is 'limited to Two Hundred and
00/100 Dollars ($200.00) per meeting (not to exceed Four Thousand Eight Hundred and 00/100
Dollars [$4,800.00] per year), plus standard State travel and per diem expenses, unless a higher
compensation is approved by a referendum of the residents of the District.
f All meetings of the District's Board of Supervisors, which shall include a
minimum of four(4)times per year during evening hours,must be open to the public and governed by
the Government-in-the-Sunshine requirements of Chapter 286, Florida Statutes.
g. The District's Board of Supervisors shall follow Chapter 120, Florida
Statutes, and procedures in adopting rules.
h. The records of the District's Board of Supervisors must be open for public
inspection by any person at any reasonable time, pursuant to Chapter 119, Florida Statutes, and the
said records shall be kept in the manner and in the place mandated by law.
SECTION 6. DISTRICT BUDGET
a. The District budget shall be adopted annually by the District's Board of
Supervisors, and prior to approval by the said Board, shall be the !subject of a duly noticed pubic
hearing at which the said Board must hear all objections to the budget.
b. Proposed District budgets shall be submitted by the District's Board of
Supervisors to the County at least sixty (60) days before adoption by the District's Board o f
Supervisors.
SECTION 7. FUNCTIONS OF THE DISTRICT
a The District may exercise the general powers provided in Section 190.011,
Florida Statutes.
b. The District may exercise the special powers for parks and recreation services
and facilities,, security services and facilities, pursuant to Sections 19.0.012(2)(a), 190.012(2)(d),
Florida Statutes.
C. The District may not exercise the special powers for Waste Collection.and
Disposal under 190.012(2)(f), Florida Statutes. -
OR BK 9399 4a 2669
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d. The powers and functions of the District do not replace, diminish, or obviate
the applicability of any City ordinance to the property and the development of the said property,
currently within the District, as described in Exhibit B, and as the said District might be expanded or
contracted.
SECTION 8. MISCELLANEOUS PROVISIONS
a.. The County and/or City may--require, based.upon.the:rnumbers-_of residential—
units planned within the District,that the District's community facilities be used to accommodate the
establishment of a polling place by the Pasco County Supervisor of Elections.:
b. The City, at its option, may adopt a nonemergency ordinance providing a plan
for the transfer of a specific community development service from the District to the City. The plan
shall provide the assumption and guarantee of the District debt that is related to the service and shall
demonstrate the ability of the City to provide the service as efficiently as the District at a level of
quality equal to or higher than-that actually delivered by the District and at charge equal to or lower
than the actual charge by the District.
c. The District shall not levy assessments on any property, lying within the
boundaries of the District, either owned or to be owned by the City. All applicable documents
pertaining to the undertaking of funding and construction by the District shall reflect the
following: (1) all District-related assessments shall not apply to any property either owned or to
be owned by the City; and (2) no debt or obligation of such District shall constitute a burden on
any property either owned or to be owned by the City.
Any and all property owned by the District shall subject to, and the District shall
pay, all City imposed user fees, including but not limited to stormwater utility and solid waste
disposal fees, whether or not such fees are collected via the non-ad valorem assessment method.
Further, property within the boundaries of the District may be subjecf to existing or future taxes,
assessments, or user fees imposed by the City, or any existing or future dependent district of the
City/County, and such taxes, assessments, and user fees could be equal in priority, or superior to,
the District's assessments and fees. Such taxes, assessments and user fees shall not be
considered inconsistent with, or an impairment of, the financial obligations of the District, and
the possibility and priority of such taxes, assessments, and user fees shall be disclosed in all
applicable documents pertaining to the undertaking of funding and construction by the District.
d. The Petition to Establish the Silverado Community Development District is
attached hereto in its entirety and incorporated herein.
SECTION 9. SEVERABILITY
To the extent that any portion of this ordinance is in conflict with Chapter 190,Florida
Statutes or any other Florida Statute, as amended, then the Florida Statutes shall govern, and the
remainder of this ordinance shall be construed as not having contained such section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
SECTION 10. EFFECTIVE DATE
This Ordinance shall become effective upon passage on the second reading and signing
by the Mayor. A certified copy of this Ordinance shall be filed in the Office of the Secretary of State
by the Clerkto the City of Zephyrhills within ten (10) days after adoption of this ordinance and shall
tike efThct�upon filing.
•� ^Her 0t •
. irezoiii . rjitance No. 1241-14 was read and passed on the first reading in an
op Ln regu eeting' f the City Council of the City of Zephyrhills, Florida, on this 24th
da oI oitbti '20.1�:
Attes
i1a l. . I3oi . tv;.Clerk: . ; :: Charles E. Proctor, Council Presi ent
K r.
4 a OR BK 9399 PG 2670
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The No. 1241-14 was read and passed on the second re�fling, following a
and regular meeting of the City Council of the City of Zephyrhills�
Flodaoi 1 1s y$ '' o December, 2014.
Attes G '
Linda T?. B; ri.iCity Clerk axles E. Proctor, Co ncil Preside
Th :foregoing Ordinance No. 1241-14 was approved by me this 8 day of December, 2014.
Gene hitfield, Ma
Approved as to legal form and legal content
o , City Attorney j
O R BK 9399 PG 2671
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EXHIBIT B .
Petition to Establish
• Silverado
Community Development District
I . . H .
July 17, 2014 OR BK 9399 ps 2672
with revised exhibit ' 6 of 44
as of September 9, 2014
Submitted by:
Mark K. Straley,Esq.
• STRALEY& ROBIN
Attorneys at Law
1510 W. Cleveland Street
Tampa, Florida 33606
I : • Telephone: 813-223-9400
Facsimile: 813-223-5043
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OR BK 9399 Pc 26 3
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APPLICATION FORM
I. APPLICANT: Dune FL Land I Sub LLC
ADDRESS:2502 North Rocky Pointe Drive,Suite 1050.Tampa.Florida 33607
CITY Tampa STATE Florida ZIP33607
PHONE S 13 288-8078
IL PROPERTY OWNER(S): Dune FL Land I Sub LLC
ADDRESS: 2502 North Rocky Pointe Drive.:Suite 1050.Tampa.Florida 33607
CITY Tampa STATE Florida ZIP 33:607
PHONE(813)288-8078 FAX: (813)288-8178
REPRESENTATIVE: Mark K.Straley;Esg.
(Contact Person):
ADDRESS: Straleyv&Robin,.1.510W.Cleveland.Street
CITY Tamp.. STATE Florida ZIP 33606 j
PHONE 8:13 2234400 FAX: J225043.
j r
III. Current Use:of Property: Vacant land..
Current zoning of property: Planned Unit Development
Current future land use designation of property: Residential Suburban
Current Number and Types of Units to be assessed
by this CDD 51.3 Single Family Residential Units
Name ofMPUD or Development: •Silverado:
IV. I HEREBY SWEAR OR AFFIRM THAT ALL THE INFORMATION PROVIDED.IN
THE SUBMITTED APPLICATION PACKET IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE, AND AUTHORIZE THE•REPRESENTATIVE LISTED ABOVE TO
ACT ON MY BEHALF ON THIS PETITION.
BY: �'`-�
Signature of the Applicantl(Petitioner)
Type or Print Nam ILegibl.
V. Growth Management VI. OFFICIAL COMMENTS
Department
Date Stamp Is this application accompanied by other
applications?
If so,what are the application numbers?
Other coinments:
{00043473.DOCXf}
• OR BK 9399 PG a4 2674
Petition to Establish
Silverado
Community Development District
Dune FL Land I Sub LLC,a Delaware limited liability company,(herein referred to as
"Petitioner"),petitions the City Council of the City of Zephyrhills,Florida(the"City")pursuant
to the Uniform Community Development District Act of 1980, Chapter 190,Florida Statutes,to
adopt an ordinance establishing a community development district,to be known as the Silverado
Community Development District (the "District"), and designating the land area for which the
District would manage and finance the delivery of basic services,and states as follows;
1. Petitioner is Dune FL Land I Sub LLC,.a Delawa�Ie limited liability company,
having a mailingaddress is 2502 North Rocky Point Drive,Suite 1050,Tampa,Florida 33607.
2. The land area to be served by the District is a parcel;of unimproved real property
containing.approximately 255.58 acres. All of the land in the proposed District is in the City of
Zephyrhills,Florida. A map showing the general location of the project and an aerial photograph
is attached as Exhibit"A".
3. A metes and bounds legal description of the external boundaries of the District
and a survey and description sketch are attached as Exhibit"B". There are no parcels within the
proposed external boundaries'of the District which are to be excluded.
4. The written consent to the establishment of the District by the landowner, as
defined in section 190.003(13), Florida Statutes, of 100% of the real property to be included in
and served by the District,is attached as Exhibit"C". Section 190.005(l)(a)2,Florida Statutes.
5. The five persons designated to serve as the initial members of the board of
supervisors of the District are identified in Exhibit "D" attached hereto. These initial
supervisors shall serve on the board until replaced by elected members as provided by Section
190006, Florida Statutes. All of the initial supervisors are residents of the State of Florida and
citizens of the United States of America. Section 190.005(1)(a)3,Florida Statutes.
6. The proposed name of the District is'the Silverado Community Development
District(hereinafter in the attached exhibits referred to as"Silverado"). Section 190.005(l)(a)4,
Florida Statutes.
7. The major trunk water mains, sewer interceptors and outfalls currently in
existence on the.property to be served by the District are identified on Exhibit "E" attached
• hereto. Section 190.005(1)(a)S,Florida Statutes.
{00043474.DOC/)
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OR BK 9399 44
s 26 5
• 8. The proposed timetables and related estimates of cost to construct District
services and facilities, and proposed infrastructure plan based upon;available data, are attached
as Exhibit"F". Section 190.005(1)(a)6,Florida Statutes.
• 9. The statement of estimated regulatory costs of the granting of this petition and the
establishment of the District pursuant thereto together with an analysis of alternatives for
delivering community development services and facilities,are attached as Exhibit"G", Section
190.005(l)(a)8,Florida Statutes.
.10. The future general distribution;location, and extent of public and private uses of
land proposed for the area within the District have been incorporated into the adopted and
approved City of'2ephyrhills Future Land Use Element. The proposed land uses are consistent
with the local government comprehensive plan. Section 190.005(1)(a)7, Florida Statutes. A
copy of the pertinent portion of the City of Zephyrhills Future Land Use Element is attached as
Exhibit"H",
11. The property within the proposed District is amenable to operation 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 State
Comprehensive Plan and all elements of the adopted and approved City of ZephyrhillsComprehensive Plan.
(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 District provides the best mechanism for delivering community'
development services and facilities to the proposed community. The Petitioner expects that the
establishment of the proposed District will promote development of the land within the District
by providing for a more efficient use-of resources. That development will in turn benefit City of
Zephyrhills and its residents outside the District by increasing the ad valorem tax base of the City
of Zephyrhills and generating water and wastewater impact fees;which will assist the City of
Zephyrhills'to meet its obligations to repay certain bonded indebtedness and transportation and
other impact fees as well.
(d) The community development services and facilities of the District will be
compatible with the capacity and use of existing local and regional community development
services and facilities. In addition,the District will provide a perpetual entity capable of making
reasonable provisions for the operation and-maintenance of the District services and facilities.
12. The Petitioner is also requesting the City of Zephyrhills to grant the District the
following special powers under section 190.012(2), Florida Statutes: (1) Parks and Recreation
powers in accordance with section 190.012(2)(a), Florida Statutes, (2) Security. Powers in
{00043474.DOCf}
2
OR BK 9399 pG 2676
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accordance with section 190 012(2)(d), Florida Statutes, and (3) Waste Collection and"Disposal
Powers.in;accordance with section 190.O 12(2)(f),Florida Statutes.
Respectfully submitted this day of July,2014.
DUNE FL LAND I SUB LLC
a Delaware limited liability company
By: Dune FL Land I,LLC,
liability
Delaware.limited
Y company
p Y
as its managing member
By: WTRG MEMBER,LLC., .
a Delaware limited liability company,
as its°Administrative.Member
By: Hawk Portfolios Holdings,LLC,
a Florida limited liability company
as its Administrative Member
By: }
Name: o... ._
Title:
(00043474.DOC/J
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!EXHIBIT "A"
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HAMILTON MASTER VICINITY MAP
vicmcIe,lo a tuaVlvvR6.INC SILVERADO
311 NORT1t NEWP0IIT AVENUE TEL(8131 250.3535 SE R f .JoaNuMBn 0RAWNY OAT2 S
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TAMPA.Fl.33808 L8#7O13.CA#8474 FAX(8131 280.3636 32.25S•21EA,526S•21E 02872.0009 I SANDOVAL 0630.2014
OR BK 9399 PG 2ø
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SILVERADO COMMUNITY DEVELOPMENT DISTRICT
LEGAL DESCRIPTION
A PARCEL OF LAND LYING WITHIN SECTION 32,TOWNSHIP 25 SOUTH,RANGE 21
EAST,PASCO COUNTY,FLORIDA AND TRACTS 1,2,15, 16, 17, 18,31,32,33,34,47,48,
49,50,63,64,65,66 AND 80 IN SECTION 5,TOWNSHIP 26 SOUTH,RANGE 21 EAST,
PASCO COUNTY,FLORIDA AND TRACTS 39,40,41,42,55,56,57,58,71,72,73,74,87,
88,90,103, 106,119, 122 IN SECTION 4,TOWNSHIP 26 SOUTH,RANGE 21 EAST,
PASCO COUNTY,FLORIDA AND PORTIONS-OF THOSE PUBLIC PLATTED RIGHT-OF-
WAYS ABUTTING SAID LOTS IN ZEPHYRHILLS COLONY COMPANY LANDS AS
RECORDED IN PLAT BOOK 1,PAGE 55 OF THE PUBLIC RECORDS OF PASCO
COUNTY,FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FOR A POINT OF BEGINNING COMMENCE-AT THE NORTHWEST CORNER OF
SECTION 4,TOWNSHIP 26 SOUTH,RANGE 21 EAST,PASCO COUNTY,FLORIDA AND
PROCEEDS O3°46'53"W,A DISTANCE OF I3O3.85 FEET TO THE SOUTHWEST
CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 4;
THENCE S 89°58'15'E,A DISTANCE OF 1348.09 FEET TO THE SOUTHEAST CORNER
OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 4;THENCE S
03°01'39"W,A DISTANCE OF 1326.84 FEET TO THE SOUTHEAST CORNER OF THE OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 4;THENCE S
01°51'59"W,ALONG THE EAST BOUNDARY OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 4,A DISTANCE OF 1061.38 FEET TO THE
NORTHEAST CORNER OF SILVERADO PHASE lA AS RECORDED IN PLAT BOOK 61,
• PAGE 71 OF THE PUBLIC RECORDS OF PASCO COUNTY,FLORIDA;THENCE N
89°18'4O"W,ALONG THE NORTH BOUNDARY OF SAID PLAT,,A DISTANCE OF 64.51
FEET;THENCE S 00°26'18°W,ALONG THE NORTH BOUNDARY OF SAID PLAT,A
• DISTANCE OF 227.24 FEET;THENCE S 67°17'43"W,ALONG THE NORTH BOUNDARY
• OF SAID PLAT,A DISTANCE OF 105.02 FEET;THENCE S 58°06'55"W,ALONG THE
NORTH BOUNDARY OF SAID PLAT,.A DISTANCE OF 101.99 FEET;THENCE N
29°34'56"W,ALONG THE NORTH.BOUNDARY OF SAID PLAT;A DISTANCE OF 177.58
FEET;THENCE S 6O°25'O4"W,ALONG THE NORTH BOUNDARY OF SAID PLAT,A
DISTANCE OF 369.44 FEET;THENCE S 01°37'58"W,ALONG THE WEST BOUNDARY
OF SAID PLAT,A DISTANCE OF 1096.47 FEET TO A POINT ON THE NORTH RIGHT-
OF-WAY LINE OF EILAND BOULEVARD;THENCE S 89°39'21 W,ALONG SAID
NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 30.02 FEET TO A POINT ON THE
WEST BOUNDARY OF TRACT 122 OF SAID ZEPHYRHILLS COLONY COMPANY
LANDS;THENCE N 01°3758"E,A DISTANCE OF 1175.51 FEET TO THE SOUTHWEST
• CORNER OF TRACT 90 OF SAID ZEPHYRHILLS COLONY COMPANY LANDS;
THENCE N 01°37'48" E,A DISTANCE OF 332.48 FEET TO THE SOUTHEAST CORNER
OF TRACT 88 OF SAID ZEPHYRHILLS COLONY COMPANY LANDS;THENCE S
89°51'06"W,ALONG THE SOUTH BOUNDARY OF SAID TRACT 88,A DISTANCE OF
678.92 FEET TO A POINT ON THE WEST BOUNDARY OF THE NORTHWEST 1/4 OF
(00043464.D0CX/) BI 1 G
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i SKECCH AND DESCRIPU0N r Ndf A SURVEY
Ym•T.owa. ar• SILVEBADO CDD
M � - AMILT�I�
M cY or IL LS ENGINEENINO i EURVEYIHO.INC.
]A.SCO CavNW,VLORMA ■■ �'
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17 of 44
THE SOUTHWEST 1/4 OF SAID SECTION 4;THENCE N 01°24'33"E,ALONG SAID
WEST BOUNDARY,A DISTANCE OF 332.83 FEET TO A POINT T ON AN EASTERLY
EXTENSION OF THE SOUTH BOUNDARY OF TRACT 80 OF SAID,ZEPHYRHILLS
COLONY COMPANY.LANDS;THENCE S 89°27'09"W,ALONG SAID EASTERLY
EXTENSION AND ALONG SAID SOUTH BOUNDARY,A DISTANCE OF 658.42 FEET.
TO THE SOUTHWEST CORNER OF SAID TRACT 80;THENCE N 01°24'33"E,A
DISTANCE OF 332.61 FEET TO THE SOUTHEAST CORNER OF TRACT 66 OF SAID
ZEPHYRHILLS COLONY COMPANY LANDS;THENCE S 89°26'01!'W,ALONG THE
SOUTH BOUNDARY OF SAID TRACT 66 AND A WESTERLY EXTENSION THEREOF,A
DISTANCE OF 658.43 FEET.TO A'POINT ON THE WEST BOUNDARY OF NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTIONS;THENCE N01°24'33"E,A DISTANCE
OF 332.40 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE
NORTHEAST 1/4 OF SAID SECTION 5;THENCE N 02°35'32"E,A DISTANCE OF 2645.14
FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 5(ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4.
OF THE SOUTHEAST 1/4 OF SAID SECTION 32);THENCE N.89°5920"W,_A.DISTANCE
OF 129079 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 32;THENCE N 00°08'51"E,A-DISTANCE OF
1327.28 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 32;THENCE N 89°53'52"E,A DISTANCE OF
1324.66 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE
•SOUTHEAST 1/4 OF SAID SECTION 32;THENCE N 89°59'30"E,A DISTANCE OF
1337.42 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST-1/4.OF THE
SOUTHEAST 1/4 OF SAID SECTION 32;THENCE S 00°09'24"W,A DISTANCE OF
1330.35 FEET TO THE POINT OF BEGINNING.THE ABOVE PARCEL CONTAINING
255.58 ACRES,MORE OR LESS.I .. . .. . I
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{00043464.DOCX/}
0R BK 9399 PG 2664 .
18 of 44
is
CONSENT AND JOINDER OF LANDOWNERS TO ESTABLISHMENT
OF THE:SILVERADO COMMUNITY DEVELOPMENT DISTRICT
The undersigned is the owner of certain lands more fully described.on Exhibit "A" attached
hereto and made apart hereof('Property").
The undersigned understands and acknowledges that Dune FL:Land I Sub LLC, a Delaware
limited liability company, (the 'Petitioner"); intends to submit a petition to establish a Community'
Development District in accordance with the provisions of Chapter 190 of the Florida Statues.
As an owner of lands which are intended to constitute the Community Development District,the
undersigned understands and acknowledges that pursuant to the provisions of Section 190.005, Florida
Statutes,the Petitioner is required to include the written consent to the establishment of the Community
Development District of one hundred percent(100%)of the owners of the lands to be included within the
Community Development District.
The undersigned hereby consents to the establishment of a Community Development district
which will include the Property within the lands to be a part of the Community Development-District and
agrees to further execute any documentation necessary or convenient to evidence this consent and joinder
during the application process for the establisluiient of the Community Development District.
The undersigned acknowledges that the consent will remain in full force-and effect until the
Community Development.District is established: The undersigned further agrees that it willprovide to
the next purchaser or successor in interest of all or any portion of the Property a copy of this consent form
and obtain, if requested by the Petitioner, a consent to establishment of the Community Development
District in substantially this form.
The undersigned hereby represents and warrants that it has taken all actions and obtained all
consents necessary to duly authorize the execution of this consent and joinder by the officer executing this
instrument.
Executed this day of July,2014.
• DUNE FL LAND I SUB,LLC
a Delaware limited liability company
• By: Dune FL Land I,LLC,
a Delaware limited liability company
as its managing member
By: WTRG MEMBER,LLC,
a Delaware limited liability company,
as its Administrative Member
By: Hawk Portfolios Holdings,LLC,
a Florida limited liability company
as its Administrative Me nber
1 By:
Name:
Title:
100043476.DOC/) .
•
OR BK 9399 PG 2685
19 of 44
EXHIBIT "C"
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{00043475.DOCX/}
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OR BK 9399 as 2 86
This document prepared by:
• Tina M.Carreje,Jr.,8sq.
Fowler Wbite Boggs P.A. LillIIIIIII IIj1�1111111111 111IIIIIIIIHIIIIt1IIII
P.O.Box 1438 ilia
Tampa,Florida 33601 ..
and after recording return to: Not s 189x390 ess s•137.80
beriy S.1,cCom te,Lsq. OSs 82761.80 s 0.00
p 10!06111 K. eta, l)pty Clerk
(� Greenberg Traudg,P:A.• 333 S.E.2nd Avenue
Miami,Florida 33131 t+Aw.A s.c.WtL. .o.ansCa a eeK&coMPTka6LER
1eOR ai Peof31376
SPC LW Y
THIS SPECIAL WARRANTY DEED,made the f day of W
2011, by REDUS TRG, LLC, a Delaware limited liability company (hereinafter called
"Grantor"), with a mailing address.of 225 Waters Street, are?ioor, Jacksonville,FL 32202,to
DUNE FL LAND I SUB LLC, a Delaware limited liability company (hereinafter called
"Grantee"), with a mailing address of oto Hawk Management Company LLC,2502 N. Rocky
Point Dr.,Suite 1050,Tampa,Florida 33607. .
WITNES,SETH:
• That the Grantor,for and in adequate and valuable considerati.Qn,the receipt of which is
hereby acknowledged, does hereby grant, bargain, sell, and convey ;unto the. Grantee and
Grantee's heirs,successors and assigns,the land in Pasco County,Florida described on attached
Exhibit A.
TOGETHER with all the tenements,hereditaments,and appurtenances thereto.
This conveyance is made subject to applicable zoning ordinance's,taxes for the current
and subsequent years.and those matters of public record, but this reference is not intended to.
• reimpose the same.
Grantor hereby covenants with Grantee that,except for the matters set forth herein,at the
time of the delivery of this Deed,the Property was free from all encumbrances made by Grantor,
and that Grantor will warrant and defend the Property against the lawful claims and demands of
all persons whomsoever claiming by,through or under Grantor herein,but against none other.
TO HAVE AND TO HOLD the same unto Grantee and Grantee's heirs,successors and
assigns in fee simple forever.
(Remainder ofpage intentionally left blank;Signature paged follow.]
G
2 0 5
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OR BK 9399 44 2687
I 21 of
OR 9K 8606 p 3377
_. off
IN WITNESS WHEREOF, the Grantor has executed this�deed the day and year first
above-written.
"GRANTOR"
Signed,sealed and delivered REDUS TRG,LLC,a Delaware limited liability
in the presence of: company
By: REDUS Properties,Inc.,a Delaware
torpor its Manager
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ignatu f lst ess N f• , �grr ► �,
Printed ame:_ wmb�r�� Title._ Ve
Signature of 2° Witness '
• Printed Name: 5 ti s 14>n tti6�rE
STATE OF�\�r�t�. } •
COUNTY OF , as )
The foregoing instrument was acknow edged before.me this 3U !day of` e.•c, -,
2011,byScjLèttc.≥s as a of REDUS Properties,. Inc:, a Delaware
corporation,as Manager f REDUS TRG,LLC,a Delaware limited liability company,on behalf
of the company, Re isgersonally known to me or Cl has produced,a valid drivers license as
identification. • N tart'P ic,Stth• of
'::,�,yr ,. rim vizvwi.srntc Np erne:
.. •+E MY COMIAOSION 8 00978676
eXPIRSS aleiot�39.sole My Commission Expires:
�onf�ct6a
My Commission Number is:
- i
I .
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OR BK 9399 PG 268
22 of 44
OR 6K 8606 Pe 378
3 of 16
Exhibit"A"
RZLVERA_ D O PARCEL:
Tracts 39 through 42, Inclusive; Tracts 55 through 58, Inclusive,, Tracts 71 through 74,
inclusive;. Tracts 87, 88, 90; Tracts 103, 106, 118, 119; and Tracts 122 and 123,
• ZEPHYRHILLS COLONY COMPANY LANDS,in Section 4,Township 26 South,Range 21 East,:
as per plat thereof recorded in Plat Book 1, Page-55, Public Records of Pasco County,
Florida.
AND
• Tracts 1,2, 15 through 18 inclusive;Tracts 31 through 34,inclusive;Tracts 47 through 50;
inclusive; Tracts 63 through 66, Inclusive; and Tract 80, ZEPHYRHILLS COLONY COMPANY
LANDS,In Section 5,Township 26 South,Range 21 East,as per plat thereof recorded in Plat
Book 1,Page SS,Public Records of Pasco County,Florida.
AND .
• The South 1/2 of the Southeast 1/4,Section 32,Township 25 South,Range 21 East, Pasco
County,Florida,AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE NN89°59`20"W ALONG
THE SOUTH LINE OF THE SOUTHEAST 1/4 OF•SAID.SECTION`32, A DISTANCE OF 2661.86
FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32;THENCE
THE SAID SOUTH LINE, N0o°08'51"E ALONG EAST LINE OF THE SOUTH 1/2 OF
THE SOUTHEAST 1/4 OF SAID SECTION.32, A DISTANCE OF 1327.28 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 32;
THENCE LEAVING. SAID EAST LINE, N89°53'52"E ALONG THE NORTH:LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID;SECTION 32,.A DISTANCE OF.1324.66
• FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 32;THENCE N89°59'30"E-ALONG THE NORTH LINE OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1,337.42 FEET TO THE
NORTHEAST CORNER OF THE SOUTH 1/2 OFTHE SOUTHEAST 1/4 OF SAID SECTION 32;
THENCE LEAVING SAID NORTH LINE S00°09'24"W ALONG THE EAST LINE OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4 OF.SAID SECTION 32,A DISTANCE OF 1330.35 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION 32,ALSO BEING THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING TWO PARCELS:,
Parcel 1:
A portion of Tract 122,ZEPHYRHILLS COLONY COMPANY subdivision oflSection 4,Township'
26 South, Range 21 East, as shown on the plat recorded in Plat Book 1, Page 55, Public
Records of Pasco County,Florida,being further described as follows: I
Commence at the Southeast corner of the Southwest 1/4 of said Section 4; thence along
the South boundary line of the Southwest 114 of said Section 4, South 89°39'35" West, a
.distance of 1344.96 feet to the Southeast corner of the Southwest 1/4 of the Southwest 1/4
of said Section 4; thence along the East boundary line of the Southwest 1/4 of the
Southwest 1/4 of said Section 4, North 01°51'56"East, a distance of 15.01 feet; thence
Pasco County Legal Description
j B
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OR BK 9399 as 2689
23 Olt Bx 8606 3379
4 of
South 89°39'35" West, a distance of 15,01 feet to the Southeast.corner f said Tract 122
for a Point of Beginning; thence along the South boundary line of said Tract 122,South
89°39'35" West, a distance of-657.53 feet to the Southwest corner of said.Tract 122;
thence along the West boundary line of said Tract 122, North 01°38'10° East,a distance of
139.06 feet; thence North 89°39'43" East, a distance of 233.42 feet; thence South
.00°20'17"East;a distance of 20.00 feet thence North 89°39'43" East, a distance of 42.3.90
feet to the East boundary line ofsaid Tract.122;thence along the East boundary fine of said
• Tract 122,South 01°51'56"West,a distance of 119.04 feet to the Point of Beginning.
• Parcel 2:
A portion of Tracts 1.23 and 124,ZEPHYRHILLS.COLONY COMPANY subdivision of Section 4,
Township 26 South,Range 21 East,.as shown on the plat recorded in Plat Book 1, Page 55,
Public Records of Pasco County,.Florida,being further described as follows:
Commence at the Southeast corner of the Southwest 1/4 of said Section 4; thence alongthe East boundary line of the Southwest 1/4 or said Section,4, North 02°19'33" East, a
distance of 15.02 feet; thence South 89°39'35" West a distance of 15.02 feet to the
Southeast corner of sold Tract 124, for a Point of Begihr$ng; thence along the South
boundary line Ofsaid-Tracts 124 and 123,-South.B939'35"West,a distance of 1315.05 Feet
to the Southwest corner-of said Tract 123; thence along the West boundary line of.said
• Tract 123,North 01°51'68"East, a distance of 119.04 feet; thence North.89°39'43'East,a
distance of 546.08 feet thence North 00°20'17°West a distance of 30.06 feet;thence North
89°39'43' East, a distance of 771.32 feet to the East,boundary Line of sold Tract 124;
thence along the East boundary line of said Tract 124, South 02°19'33"West,a distance of
149.06 feet to.the Point of Beginning.
A PORTION OF WHICH IS NOW PLATTED AS: SILVERADO-PHASE 1A,according to the plat
thereof.recorded.in Plat Book 61,pages 71 through 75-Inclusive,Public Records of Pasco
County,Florida.
LESS AND EXCEPT: Lots I through 6, Block 1, Lots 1 through 6, Block 2 and Lots 11
through 19,,Block.3 of SILVERADO - PHASE 1A,according to the plat thereof.recorded in
Plat Book 61, pages 71 through 75 inclusive, Public Records of Pasco County, Florida;and
ALSO LESS all roads, streets and rights-of-way dedicated to the,City of Zephyrhilis on said
plat.
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OR BK 9399 PG 2690
24 of 44
EXHIBIT "D"
K
(00043415.DOCX/)
1
OR BK 9399 PG 2691
25 of 44
Exhibit"D"
Initial Board of Supervisors
Silverado Community Development District
Michael Lawson
c%Metro Development Group,LLC
2502 N.Rocky Point Drive
Suite 1050
Tampa,FL 33607
Telephone:(813)288-8078/Fax:(813)288-8178
2. Doug Draper
c/o Metro Development Group,LLC
2502 N.Rocky Point Drive
Suite 1050
Tampa,FL 33607
Telephone:(813)288-8078/Fax:(813)288-8178
3. Greg Singleton
c/o Metro Development Group,LLC
2502 N.Rocky Point Drive
Suite 1050'
Tampa,FL 33607
Telephone:(813)288-8078/Fax:(813)288-8178
4. . Tony Brannan
c/o Metro Development Group,LLC
2502 N.Rocky Point Drive
Suite 1050
Tampa,FL 33607
Telephone:(813)288-8078/Fax: (813)288-8178
5. Ted Sanders
do Metro Development Group,LLC
2502 N.Rocky Point Drive
Suite 1050
Tampa,FL 33607
Telephone:(813)288-8078/Fax:(813)288-8178
(00043472.000/)
OR BK 9399 PG 269
26 of 44 2
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EXHIBIT "E"
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{00043475.MC)U}
Ti3gg626g3 .
27 of 44
IC
ARTIFACT SUNSHINE
DRIVE ROAD
• SCAI.C IN FEET
SUNSHINE AUSTIN
ROAD SMITH ROAD
- Ng
EXISTING 12", PVC
EXISTING 16" DIP 1 EXISTING e" PVC
WATER MAIN
WATER MAIN WATER MAIN IEXISTING 8" PVC
EXISTING 24"PVC SANITARY SEWER MAIN
FORCE MAIN
EXISTING 12"'DIP
EXlSTINO 16" PVC RECLAIMED WATER MAIN
FORCE MAIN EXISTING
PUMP STATION EXISTING 10" PVC
TWIN FORCE MAIN
EXISTING 4" PVC
\ \ EXlS WATER MAIN P MAIN EXlS FORCE MAIN
EXISTI FGRto MMN XlSTINGR 6"• EXISTING 6" PVC
RECLAIMED WATER MAIN r* lMI NOB VIEVARb �� ABANDONED 16" DIP
1 FORCE-MAIN
1 EXISTING 12" PVC
ABANDONED 10" PVC WATER MAIN
FORCE MAIN
ABANDONED 16" DIP I EXISTING '8" PVC
FORCE MAIN WATER MAIN
EXISTING TO" PVC
FORCE MAIN- EXISTING 6" PVC
EXISTING i8" DIP FORCE MAIN
WATER MAIN
EXISTING 12" VIP
RAIWATER MAIN
EXISTING 12" PVC
RECLAIMED WATER MAIN Q
6 FXiSTfFORCE LIA1M of
iFi • \ W
EXISTING 30" DIP
WATER MAINA
HMILTON MAJOR UTILITY TRUNK LINES
• iNOlkiltiHO k II4RV6YIRtJ, INC. SILVERADO
ttrt�D� r:'tttttrEt�� B DA
311 Notmi NewPaaYAvBNue • 71st.!8131 25x3836 ECTWPRGE JOB NUMBER 9
TAMPA,FL 33606 LB#7o 13,CA#8474 FAX(613)260-a63S 32'2SS-21E.4,Tr2BSr2IE 02872.0009 1 SANDOVAL 06-30.2014
' I
OR BK 9399 PG 2694
28 of 44
EYtMIT "F"
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OR BK 9399 PG 2695
29 of 44
Silverado
Total
Phase 1 Phases 2.4 Estimated
Description 2015-2016 2017-2021 Budget
Engineering Design,Permitting,Surveying,_-Testing $298,680 i $1,194,720 $1,493,400
Consultant/Management Fees $390,000 $760,000 $950000
earthwork Storm Water Management $820,000 $3,280,000 $4,100,000
Roads and-Paving $505,040 $2,020,16 $2,525;200
Potable Water $179,9$0 $719,920 $899,900
Sanitary Sewer $253,080 $1,012,320 $1,265,400
Drainage Storm $386,000 i $1,544,000 $1,930,000
Dry.Utliities Trenching $79,140 ! $316,560 $395,700
Offsite Road&Utilities $585,000 $65,000 - $650,000
Landscapl hrrlgation/Hardscape/Recreation $1,500, $1,000000E,2500,000
Permit Fees and Impact Fees $90,000 i $360,000450,000Contingency $323,640 $494,550618,200Total $5,010,560 $12,767,240 777,800
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OR BK 9399 44 2696
30 of
EXHIBIT "G"
{00043475.DOCX/}
OR BK 9399 PG 2697
31 of 44
Silverado.
COMMUNITY .DEVELOPMENT DISTRICT
Proposed Infrastructure Plan
Construction I Operation and
Facility Funded By Ownership Maintenance
Earthwork CDD -- --
Roads&Paving COD COD i' CDD
Offsite Road&Utilities COD City or County City or County
Potable Water COD County County
Sanitary Sewer COD County County
Drainage Storm CDD COD CDD
Security/Landscaping/Hardscape CDD COD CDD
Recreational Facilities COD CDD COD
Dry Utilities Trenching COD -- --
Internal Roadways to be owned by the CDD.
IB
OR BK 9399 G 2 98
32 of 44
Silverado CDD
SERCReport
• Statement of Estimated Regulatory Costs
• For Establishment of the;
Silverado Community Development District
July 8, 2014
SILVERAVO
z
C x
v
DA GKTER RD EIumU2D / c$
GI:I.GIwR RD R'i'ti AVE
Prepared by
• Development Planning&Financing Group,Inc,
'15310 Amberly Drive,Suite 175
Tampa,Florida 33647
813-374-9104
www.dpfg.com
Page 1 of 11
OR BK 9399 PG 2699
33 of 44
SNyerado COD
SERC Report
Table of Content
A. EXECUTIVE SUMMARY Page 3
B. PURPOSE AND SCOPE 3
C. SILVERADO COMMUNITY DEVELOPMENT DISTRICT 4
D.STATUTORY ELEMENTS 5
E. CONCLUSION 10
Ex A-PROPOSED INFRASTRUCTURE PLAN .11
B G
3 of 5
Page 2 of 11
OR BK 399 PG 2 i 00
�4 of 44
I. . . Sllverado CDD
SERC Report
. I
A.EXECUTIVE SUMMARY .
The Petitioner, Dune FL Land I Sub Li.C, seeks to establish a community development district to be
known as the Siiverado Community Development District(the"District"),This Statement of Estimated
Regulatory Costs(the"SERC")is a component of the petition filed with the City Council of the City of
Zephyrhills, Florida (the "City"), to establish the District in accordance with Chapter 190.005, Florida
Statutes,and designating the land area for which the District would manage and finance the delivery of
basic public services.
With respect to this establishment,this document determines that there are no adverse impacts on
state and local revenues, on small businesses, and there are no additional administrative costs and
transactional costs associated with the establishment Any one-time transactional or administrative
expenses associated with this action will be covered'by one-time fees paid by the.Petitioner.
The establishment of the District will not create any significant economic costs overall for the State of
Florida nor:for the city.The proposed action of.theDistrict may.facilitate private development and may
result in positive fiscal impacts in the long run.
B.PURPOSE AND SCOPE
This SERC has been prepared, as a component of the petition filed with the City to establish the
boundaries of the District in accordance with Chapter 190.005,Florida Statutes,and.to provide for the
best alternative to deliver community development services and facilities to the proposed community.
Specifically, Section 190.005(1)(a)B, Florida Statutes requires, as part of the petition, a SERC being
prepared pursuant to Section 120.541, Florida Statutes.A community development district ("CDD") is
established under the Uniform Community Development District Act of 1980,Chapter 190 of the Florida
Statutes,as amended(the"Act").A CDD is a local unit of special-purpose government that Is limited to
the performance of those specialized functions authorized by the Act. Those specialized functions
consist of the planning, financing, constructing and maintaining of certain public infrastructure
improvements and community development services. As- an Independent special district, the CDD's•
governing body establishes its own budget and,within the scope of its authorized powers, operates
independently of the local general-purpose governmental entity (i.e., a county or city) whose
boundaries include the CDD.
A CDD cannot regulate land.use or issue development orders.Those powers reside with the local
• general-purpose government.According to Section 190.004(3), Florida.Statutes, "The establishment of
on Independent community development district as provided In this act is not a development order
•within the meaning of Chapter 380. All governmental planning, environmental, and land development
laws,regulations,and ordinances apply to all development of the land within a community.development
district. Community development districts do not have the power of a local government to adopt a
comprehensive plan, building code, or land.development code, as those terms are defined in the
Community Planning Act. A district shall take no action which is inconsistent with- applicable
comprehensive plans,ordinances,or regulations of the applicable local general-purpose government."
in addition,the parameters for the review and evaluation of CDD petitions are set forth in.Section
190.002(2)(d), Florida Statutes,as follows:"That the process of establishing such a district pursuant to
uniform general law be fair and based only on factors material to managing and financing the service
Page 3 of 11
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OR BK 9399 G 2701
35 of44
Silverado CDD
SERC Report
delivery function of the district,so that any matter concerning permitting or planning of the development
is not material or relevant."
Therefore, the scope of this SERC is limited to an evaluation of those factors pertinent to the
establishment of a COD as defined by the legislature and outlined in Section 120.541(2), Florida
Statutes.The purpose of Chapter 190, Florida Statutes, is to provide another tool to government and .
private landowners in their efforts to comply with comprehensive plans which require adequate public
facilities and services as a pre-condition for future development. Refer to Section 163.3180, Florida
Statutes(the"Concurrency Requirement")for details.
The CDD is a special purpose unit of local government that is established for the purpose of providing an
alternative mechanism for financing the construction of public facilities and delivery of public services.A
COD must be structured to be financially independent as Intended by the legislature.The cost of any
additional public improvements to be constructed or any additional services to be provided by the City
as a result of this development will be incurred whether the Infrastructure is financed through a COD or
any other alternative financing.method. These costs have already-been evaluated by all appropriate
agencies during the approval process.for the development. The annual'operations and.administrative
costs of the CDD wilt be borne entirely by the District;and will not require any subsidy from the State of
Florida or the City,nor wilt It place any additional economic burden on those persons not residing within
the District.
C.PROPOSED SILVERADO COMMUNITY DEVELOPMENT DISTRiCF
The.Petitioner is seeking authority, as outlined in Section 190.012, Florida Statutes,to establish the
District in order to finance,fund, plan, establish, acquire,.construct or reconstruct,enlarge or extend,
equip, operate and maintain systems,facilities and basic infrastructure;that may include, but are not
limited to,. water management and control, water supply, sewer, wastewater management, District
roads and streetlights,transportation facilities,parking improvements, environmental remediation and
cleanup,conservation areas,parks and recreational facilities,security,-waste collection'and.disposal,or
any other project,within or without the boundaries of the District,as required by the City or subject of
an agreement between the District and a governmental entity.
if approved,the District will be authorized to finance these types of public infrastructure improvements
through special or non-ad valorem assessment revenue bonds. Repayment of.these bonds will be
through special or non-ad valorem assessments levied against all benefited properties within the
District.Ongoing operation and maintenance for District owned facilities is expected to be funded
through_maintenance.assessments levied against all benefited properties within the-District. Refer to
Exhibit A for an overview of proposed public-facilitles and services related to the development of land
within the District.
3 45
Page 4 of 11
OR BK 9399 PG 2702
36 of 44
Silverado COD
SERC Report
I).STATUTORY ELEMENTS:
Section 120.541(2),Florida Statutes,provides that the SERC must contain the following:
(a) An economic analysis showing whether the rule directly or indirectly:
1. Is likely to 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;
2. Is likely to 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 the implementation of the rule;or
3. is likely to increase regulatory costs,Including any transactional costs,in excess of$1
million in the aggregate within 5 years after the implementation of the rule.
(b) A good faith estimate of the number of individuals and entities likeirto 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;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; .
(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local government entities,required to comply with the requirements of the rule',
(e) An analysis of the impact on small businesses as defined by s. 288.703,and an analysis of the
impact on small counties and small cities as defined In s. 120.52.The impact analysis for small
businesses must include the basis for the agency's decision.notto implement alternatives that
would reduce adverse Impacts on small businesses;
(f) Any additional information that the agency determines may be useful.
1 As used In this section,"transactional costs"are direct costs that are readily ascertainable based upon standard
business practices,and include tiling 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,the cost of monitoring and reporting,and any other costs necessary to comply with the rule.
Page 5 of 11
lI T °
• OR BK 9399 as 2103
37 Silverodo CDD
SERC Report
The estimated regulatory impacts of the establishment of the District are summarized below.
(a) An economic analysis showing whether the rule directly or Indirectly:!
1. Is likely to 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 S
• years after the Implementation of the rule;;
• 2. Is likely to 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 the implementation of the rule;or
3. Is likely to Increase regulatory costs,Including any transactional costs,in excess of$1 million
in the aggregate within 5 years after the implementation of the rule.
The establishment of the District is not likely to'have an.adverse impact on the items described in
(a)1,(a)2,and(a)3 above.
Economic Growth
Since the property Is currently vacant and in raw land condition,favorable changes in public costs
and revenues associated with the development will likely take place.The establishment of the
District will likely have no adverse impact in excess of$1 million.On the contrary,the District will
likely induce economic growth over the next 5 years- and rising costs of providing public
infrastructure and services to the development will be matched by an essentially comparable
increase in revenues—the relative relationship of costs and revenues will change little over time.
The District is proposed to be structured on a "pay for Itself" basis and,have a positive direct
impact on economic growth.
In addition,the district provides a financing mechanism to(i)fund public infrastructure at a low
cost of capital,and(ii)on a timely,"pay for itself"type basis. The District is being used to finance
basic public Infrastructure and services.Owners of the property within the District agree to a lien
on their property,which is paid off overtime through a special assessment.The assessment Is
used to pay debt service on bonds or annual infrastructure maintenance and district operating
expenditure,which are secured further by the assessed property as collateral.Assessment liens
are superior to private liens,such as construction or mortgage loans.This structure results in a
lower cost of capital as otherwise is available to fund public Infrastructure,and supports
community development.
Although new development results in Increased land value,a larger tax base,and-more tax
revenue for the community at large,It also creates immediate demand for new streets,water and
sewer capacity,and other Infrastructure.Consequently,a cash flow mismatch exists between the
upfront costs of public facilities and generation of tax revenue to pay for same.To fill this gap,the
District Is established to fund infrastructure directly,and developers can fund the pubiic�use
components of new neighborhoods before improvements are conveyed to the general purpose
Page 6 of 11
BK
OR BK 9399 PG 2704
38 of 44
Silverado CDD
SERC Report
• government or municipality.The result is that new growth can"pay for itself"instead of
• burdening an entire community with Its costs. .
Job Creation ' V
Compared to the property's existing land use, establishment of'the District and .subsequent
residential development would spur private job creation.In general,changes in the pace of home-
building can have major ramifications for many other local industries. A jump in residential
construction drives up demand for steel, wood, electricity, glass, plastic,.wiring, piping and
concrete. The need for skilled construction- workers such as (bricklayers, carpenters, and
electricians soars as well. By one estimate,some 1,500 fuiitime jobs for every 500 single-family
homes under construction are created.In 2012,the National Association of Home Builders(NAHB)
estimates that-the impacts include the creation of 3 new jobs and$23,000 Instate and local taxes
from-building one average new single family home.2
• Transactional Costs3
it is not likely-that transactional costs in.excess of$1 million in the.aggregate.within 5 years after
the establishment of the District occur. Any transaction,costs are covered with one-time fees as
described above;
Competitiveness,
The establishment of the District is not likely to 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.Home building increases the property tax base which
generates revenue that supports local schools and community infrastructure,which leads to the
•creation of a'more competitive City.
(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. : '
{
The individuals and entities likely to be required to comply with the :ordinance, or affected by the
proposed adoption atthe establishment of the District are:
a) THE STATE OF FLORIDA,-The State of-Florida.and its residents and general population will not
incur any compliance costs related to the establishment of the District and on-going
administration of the District.They will'onlybe affected.to the extent that the State incurs those
nominal administrative costs outlined in Section(c)below. .
2 NAHB(2008)"The Direct Impact of Homebuiiding and Remodeling on the U.S.Economy",Special Studies,
October 7,2008.Retrieved from www housingeconomlcs.com,and NAHB(2012)"Economic Benefits of New Home
Construction"Retrieved from website
http://www.nahb.ore/flIeUpload detalls.aspxlcontentlb=155811&fromGSA--1
3 As used In this section,"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,the cost of monitoring and reporting,and any other costs necessary to comply with the rule.
Page7of11
9 f ,
it
OR BK 9399 PG 2 7 05
39 of 44
I . SlIverado COD
SERCReport
b) CITY,COUNTY AND ITS RESIDENTS-The City.and Pasco County(",County")and Its residents not
residing within the boundaries of the District will not incur any compliance costs,or ongoing
administrative costs related to the establishment,other than any one-time administrative costs
outlined in Section(c)below.
c) CURRENT PROPERTY OWNERS The current property owners of the lands subject to the
establishment will be affected to the extent that the District allocates assessments and bonded
indebtedness for the construction of public infrastructure and undertakes operation and
maintenance responsibility for District 'infrastructure. Any assessments and bonded
indebtedness will be based on special benefit and will be fairly and reasonably apportioned
among the properties that receive the_special benefit:It would require consentfrom the owners
of land subject to the establishment.The Petitioner anticipates providing full landowner consent
to be included as an exhibit to the petition to establish the District.
d) FUTURE-PROPERTY OWNERS—The District is-a form of governance which allows landowners,
through landowner voting and ultimately electoral,voting for resident elected boards, to
determine the type, quality and expense of the District services they receive, provided they
meet the City's overall requirements.For the imposition of special assessments to be valid,any
assessments will be based on special benefit and will be fairly and reasonably apportioned
among the properties that receive the special benefit from ;the public improvements and
services provided by the District.
(c)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
a) THE CITY and COUNTY-The City and County will not incur any quantifiable on-going costs.The
District is not transferring any maintenance or capital expenditures.As previously stated, the
District operates independently from the City and County and all administrative and operating
costs incurred by the District relating to the financing and construction of infrastructure are
borne entirely by the District.The District will submit, for informational purposes, its annual
budget, financial report, audit and public financing disclosures,to the City. Since there are no
legislative requirements for review or action,the City and County should not Incur any costs.
The City and County may, however,.choose to review these documents.To offset these one-
time administrative costs,the petitioner will submit a petition filing fee of$8,000.00 to the City.
b) STATE The State of Florida will not Incur any additional administrative costs as a result of the
establishment to review the periodic reports required pursuant to Chapters 190 and 189,Florida
Statutes.These reports include the annual financial report, annual audit and public financing
disclosures, .
To offset these costs,the Legislature has established a maximum fee of$175 per District per
year to pay the costs incurred by the Special Districts Information Program to administer the
reporting requirements of Chapter 189,Florida Statutes.
Because the District,as defined in Chapter 190,Florida Statutes,is designed to function as a self-
sufficient special-purpose governmental entity, it is responsible for its own management.
Page 8 of 11
�,O J gg PG
oR BK 9399 PG 2706
40 of 44
Silverado CDD
SERC Report
Therefore,except forthe reporting requirements outlined above,.or later established bylaw,no
additional burden is placed on the State once the District has been established.
c) DISTRICT-The District will incur costs for operations and mainten ince of its facilities and for its
administration. These costs will be completely paid for from annual assessments against all
properties within the District benefiting from its facilities and its services.
d) IMPACT ON STATE AND LOCAL REVENUES-It is anticipated that approval of this petition will not
have any adverse effect on state and local revenues.There is potential for an Increase In state
sales tax revenue resulting from the establishment and subsequent,development of the subject
land.It is not possible to estimate this-Increase with unconditional.certainty.In addition,local ad
valorem tax revenues may be increased due to long-lasting increases in property values
resulting from the District's construction of infrastructure and on-going maintenance services.
Similarly, private development within the District, which will be facilitated by the District's
activities,should have a positive impact on property values and therefore ad valorem taxes. in
addition,Impact fee and development permit revenue is expected to be.generated by private
development within-the District and,accordingly,should also increase local revenues.
Concerns'that a District obligation could become a state, city or county obligation thereby
negatively effecting state or local-revenues are unwarranted, as Chapter 190 specifically
addresses.this issue as follows: "it Is further the purpose and intent of the Legislature that no
debt or obligation of a district constitute a burden on any local general-purpose government
without its consent"[Section 190.002(3),Florida Statutes).Further,"A default on the bonds or
obligations of a district shall not constitute:a debt or.obligation of a local general-purpose
government or the state. [Section 190.016(15),Florida Statutes]
in summary, the granting of an ordinance establishing the District Will not create any significant
economic costs for the State of Florida or for the City. It provides potential revenue generation
opportunities for local general government.The District is fiscally neutral for the state and the City.
(d)A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local government entities,required to comply with the requirements of the rule
The transactional costs associated with adoption of an ordinance to establish the District are primarily-
related to the financing of Infrastructure improvements.The District will determine what infrastructure
it considers prudent to finance through the.sale of bonds.Once the decision is made to issue bonds It is
expected that assessments will be levied against benefited property;owners within the proposed
District.The revenue generated by payment of these assessments will be used to repay the bonds.The
obligation to pay the assessments will "run with the land" and will b transferred.to new property
owners upon sale of any portions of the property.
To-fund the cost of maintaining infrastructure that the District maintains, operation and maintenance
assessments may be imposed on the District property owners.The property owner will be responsible
for payment of these assessments on the basis of the amount of benefited property owned. .
All persons choosing to acquire property in the District will be responsible for such assessments in
addition to the taxes or assessments imposed by City and other taxing authorities.
Page9-of 11
PG
4 0
II
OR BK 9399 PG 2707
41 of 44
Siiverado CDD
SERCReport
in exchange for the payment of these special assessments,there are potential benefits to be derived by
the future property owners.Specifically,these persons can expect to receive a higher level of services
because they will elect the members of the Districts'Board of Supervisors.Further,the District is limited
in jurisdiction and responsibility to this single development.Therefore,the District should be extremely
responsive to the needs of the property owners within the District.
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 District as compared with viable alternatives, the cost impact to landowners€s relatively
small.This incremental cost of the high quality infrastructure provided by the District is likely to be fairly
low.
(e) An analysis of the impact on small businesses as defined by s. 288.70,3,and an analysis of the
impact on small counties and-small cities as.defined in s. 120.52. The impact analysis for small
businesses must include the basis for the agency's decision not to implement alternatives that would
reduce adverse impacts on small businesses.
The establishment of the District should not have any'negative impact on small businesses.Current land
use plans provide for residential development.The District must operate according to Florida's Sunshine
law and must follow certain competitive bidding requirements for certain goods and services it will
purchase.As-a result,small businesses should be better able to compete for District business serving the
lands to be included within the District.A District does not discriminate in;terms of the size of businesses
that can be located within the boundaries or transact business with the District.
The City has an estimated population that is greater than 10,000;therefore the City Is not defined as a
small City according to Section 120.52(18),Florida Statute.
• (ff Any additional Information that the agency determines may be useful
• Certain data utilized €n this report was provided by the developer/Petitioner and represents the best
Information available at this time.Other data was provided by the District Manager and was based on
observations,analysis and experience with private development and other CDD communities In various
stages of existence.
E. CONCLUSION
For the above stated reasons, the proposed Silverado Community Development District will be a
beneficial land development€n the City and it will not have any material negative impacts to the state or
City. This SERC Report provides supporting justification for granting;the petition to establish this
Community Development District.
Page 10 of 11
OR BK 9399 as 208
•Exhibit "A„
Silverado
-COMMUNITY DEVELOPMENT DISTRICT
Proposed Infrastructure Plan
Construction Operation and
Facility Funded By. Ownership; Maintenance
Earthwork CDD --
Roads&Paving • CDD CDD CDD
Offsite Road&Utilities CDD City or County City or County
Potable Water CDD County County
Sanitary Sewer CDD County County
Drainage Storm CDD COD ' COD
Security/Landscaping/Flardscape CDD COD , CDD
Recreational Facilities CDD • " CDD i CDD
Dry Utilities Trenching COD -- --
Internal Roadways to be owned by the CDD.
i n
S
0R BK 93943 9 as 2709
EXHIBIT "H"
i0 K
G
� of
{OD 3475.DOC }
s % OR BK 9399
PG 2710
44 of 44
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y RESIDENTIAL RESIDENTIA
1 UNIT PER ACRE 9 UNITS PER ACRE
RESIDENTIAL CONSERVATION
3 UNITS PER ACRE LANDS
,RES=fi' RESIDENTIAL City of Zephyrhitls
6 UNITS PER ACRE Zoned Res. Subdivision
SCAIrr
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CITY OF ZEPHYRHILLS
Zoned Resldentlal Suburban
CITY OF ZEPHYRHILLS
Zoned Resldenflal Suburban IlIQQ68 Q
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311 NORTH NEWPORT AVENUE TEL(813)280.3535 BECTWPROE 13OBM DRAWNSY DATE SHEET
TPA.FL 33606 LB#7013.CA#6474 FJx(813)2503636 32.25S2tE,4,5.26S2IE 102872.0009 SANDOVAL O6-3O-2O14
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