Oct.

25.

2006

1:

46PM

FLAGLER

y

CO

PLANNING

386

437

7488

fk

5830

P.

3

ORDINANCE

NO.

2006-..z.1.

	AN  ORDINANCE	ESTABLISHING	THE	GARDENS  AT  HAMMOCK		
	BEACH										
		COMMUNITY	DEVELOPMENT	DISTRICT		PURSUANT	TO		
	CHAPTER	190,  FLORIDA	STATUTES  (2003);	P~OVIDING	A  TITLE;		
								
	PROVIDING	FINDINGS;	CREATING		AND  NAMING		THE	DISTRICT;		
	DESCRIBING		THE		EXTERNAL									
							BOUNDARIES	OF		THE	DISTRICT;		
	DESCRIBING		THE		FUNCTJONS		AND  POWERS  OF				
								THE	DISTRICT;		
	CONSENTING									
			TO		THE	USE		OF		SPECIAL						
											POWERS	BY  THE		
	DISTRICT;	DESIGNATING	FIVE PERSONS TO SERVE AS THE: INITIAL		
MEMBERS	OF	THE	DISTRICT'S	BOARD	OF		SUPERVISORS;		
,PROVIDING	A	SEVERABILJTY	CLAUSE;	AND				
						PROVIDING	AN		
EFFECTIVE DATE.													

WHEREAS,	Hammock  Beach	Rive  Club,	LLC		1							
													('					obtained		
																		Petitioner'')having			
written consent	to	the	establishment of	the		District by	the			1				
								owners	of one  hundred		
percent (100%)	of the	real property to be	included	in the District, petitioned the Board of		
County									
	Commissioners	of	Flagler  County	(the	"County")	to	adopt  an	ordinance		
										
establishing The Gardens	at Hammock									
		Beach Community Development District (the		
"District") pursuant	to	Chapter 190,					
			Florida Statutes (2003); ar:id							

the	WHEREAS1  Petitioner is a Georgia		
	State of Florida and whose principal		
Parkway, Palm Coast,		
	Florida 32137; and		

corporatfon authorized place of business is

to conduct business in		
One	Hammock	Beach		

WHEREAS,	all interested persons	and affected units of general-purpose	local		
government were	afforded an opportunity	to			
"Petition	at a duly	noticed public hearing		present oral and written comments on the		
			conducted by the County on October 9,	2006;		
and						

WHEREAS, noticed, the County

upon consideration finds as follows:

of

the record

established

at

that hearing duly

(1)

The

statements

within

the Petition

were

true

and correct;

and

(2)	The  petition  is  complete
190.005(1)(a),	Florida Statutes (2000)		
			
are true and correct; and		

in

and

that all

it meets statements

the  requirements contained within

of the

Section

petition

(3)	The appropriate Board staff have reviewed and approved the petition for
establishment of th!:?					
		District on the proposed land	it is complete		
				and			
					and sufficient; and		
(4)	The	costs to Flagler Gounty and	government agencies from establishment		
of the District are	nominal.	There is no adverse impact on competition or employment		
from District		The persons affected by	the establlshment are the future		
	establishment.				

Oct.

25.

2006

1:

47PM

FLAGLER ,·

CO

PLANNING

386

437

7488

No.

5830

P.

4

landowners,  present landowners,  Flagler County and  its taxpayers,  and	
Florida.   There	is  a  net  economic  benefit  flowing  to  these  persons	
establishing this	District as the governmental entity to manage and finance	

the	State	of	
by	virtue	of	
the	statutory	

services identified.	The impact of District establishment and function on competition	
and the						
employment market is marginal and generally positive, as is the impact on small	
business,	None	of  the	reasonable  public	or  private  alternatives,  including	an	

assessment

of

less  costly and  less  intrusive

methods

and

of

probable  costs  and

benefits of not adopting	the ordinance, is as economically viable as establishing the		
District.	Methodology is	as set	forth in the Statement of Estimated Regulatory Costs		
					
("SERC")	is	on	file  with	the	County.	The  SERC	of  the  Petitioner	on	District		
establishment	is	complete	and	adequate1	and  meets	the  requirements	of	Section		

120.541,

Florida

Statutes;

and

(5)	Establishment of the District by this Ordinance, whose		
					
charter consists	of Sections 190.006 -	190.041, Florida Statutes,		

uniform general law created by general

law,  is subject to and not inconsistent with the_ local Comprehensive Plan	of Flagler	
County and with the State Comprehensive Plan; and		

(6)	The  area  of land  within  the District is  of sufficient size,  is sufficiently

compact, and is sufficiently contiguous to be developed as one functional, interrelated

community; and

(7)	The  District

development services and and

is the best alternative available faciHties to the area proposed to

for delivering be serviced by

community the District;

WHEREAS,	establishment	of  the

effective, responsive and economic way to

the area described in the petition; and

District deliver

will constitute a timely, efficient, community development services in

WHEREAS, the Petitioner has requested the Board for consent to exercise one	
or  more  of  the  special  powers  granted	by charter  in  Section  190.012(2),  Florida	
Statutes,  and  the  Board  in  reaching  its	conclusions,  has  considered  the  potentral	
exercise by the District of	all	the powers	set forth in  Section  190.012(1-3), Florida	
Statutes; and				
WHEREAS, upon the effective date of this establishing Ordinance, The Gardens	
at Hammock Beach Community Development Distrlct, as created by general law, will be	
duly and legally authorized	to	exist on the proposed property and to exerc-ise all of its	
genera! and special powers	as	limited by law.	

OF

NOW THEREFORE, BE IT

COUNTY COMMISSJONERS:

ORDAINED BY THE

FLAGLER

COUNTY

BOARD

2

Oct.

25.

2006

1:47PM

FLAGLER

CO

PLANNING

386

437

7488

No.

5830

P.

5

SECTION 1.	TITLE.	This
Gardens	at	Hammock	Beach

0 rdinance-."

Ordinance shall be known and may be

Community	Development	District

cited as "The Establishment

this

$ECJION 2. BOARD FINDINGS. Ordinance are hereby incorporated in

The Board findings set forth this Ordinance.

in

the recitals to

Sl=CTI ON 3.	AUTHORITY.	This Ordinance
pursuant to the Uniform Community Development
Florida Statutes (2003).

is adopted District Act

in of

compliance with and 1980, Chapter 190,

SECTION 4.	CREATION OF DJ$'TRJCT;DISTRICT NAME.	There is hereby	
created a·communitydevelopment district situated entirely within unincorporated	Flagler	
County, Florida, which District shall be known	as "The Gardens at	Hammock	Beach	
Community Development District."  Therefore,	the petition filed to create The Gardens	
at Hammock Beach Community Development District is hereby granted and the said	
District shall operate in accordance with the Uniform Community Development District	
charter as set forth in Chapter:..1_90, Florida Statutes.			

SECTIQf\lS.	E:XTERNALJ30UNDARIES OF

approximately 953.37 acres, the external boundaries "Exhibit A''attached hereto.

THE DISTRICT.	Encompassing

of the District are described  in

SECTION  6.	FUNCTIONS  AND

POWERS.

The

District  is  limited

to  the

perforrnanc~  of those  powers  and	functions  as  described  in  Chapter  190,  Florida	
Statutes.   Consent  is  also  hereby  given,  pursuant  to  Section  190.012(2),  Florida	
Statutes,  to  the  District  Board  to  exercise  all  special  powers	set	forth	in	Section	
190.012, Florida Statutes.  More specifically, the District is granted	by its	charter, so	
long as it is in compliance with and subject to the Flagler County Comprehensive Plan	
and subject to the regulatory jurisdiction and permitting authority	of	all applicable other	
ordinances and regulations of Flagler County, the power to plan,	establish,	acquire,	
construct or reconstruct,  enlarge or	extend,  equip,  operate,  and  maintain  additional	
systems and facilities for parks and facilities for indoor and outdoor recreational, cultural	
and  educational  uses,  fire  prevention  and  control,  including  related  buildings  and	
equipment, school buildings and related structures) security, including	but not limited to	
personnel and equipment, mosquito and anthropods of	public health importance control,	
and waste collection  and disposal.	In the exercise	of its  powers,  the  District shall	
· comply with all applicable governmental laws, rules, regulations and policies including,	
but not limited to, all Flagler County	ordinances and policies governing land planning	
and permitting of the development to be served by the District.	The	District shall not	
have any zoning or permitting	powers governing land	development	or the use	of land.	
No debt or obligation  of the	District	shall  constitute	a burden	on	any local	general	
purpose  government.   Notwithstanding  anything  to  the  contrary  contained	in  this	
Ordinance, the District shall possess no right,  power,	or authority	to take	any action	
inconsistent with or in breach	of that Utility Asset Transfer Agreement Among Flagler	

3

Oct. 25.	2006	1: 48PM	FLAGLER CO PLANNING 386 437  7488

No. 5830	P.	6

County, Hammock Beach River Club Property Owners Association, Inc., and Hammock Beach River Club, LLC, dated August 21, 2006.

SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the District'sBoard of Supervisors are as follows: Daniel J. Baker, Robert F. Masters, Melissa Clingerman, Jason R. Shepler, and Albert E. Jones.

All of the above-listed persons are residents of the state of Florida and citizens of the United States of America.

SECTION 8. SEVERABILITY. If any provision of this Ordinance is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECT!ON 9. EFFECTIVE DATE. This Ordinance shall be effective immediately upon receipt of official acknowledgement by the Secretary of State that a copy of this Ordinance has been filed with the Secretary of State.

PASSED AND GRANTED BY THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER_-.COUNTY, FLORIDA, THIS 9th DAY OF OCTOBER, 2006

<	. ,
BOARD oF couNTY coMIVi1ss1c>ra~Rs~··:,.

OF FLAGLER COUNTY) FLORIDA	,.	·?,._ -.
>''}'
~! \

ATTEST:	APPROVED AS TO FORM:

~·;·~~t - ~~to to	Thomas A. Cloud, Special Counsel
the Board

#536361 V1

4

·Gardens

at		
Hammock Beach		
Community Development	
Hammock	District	
Beach River Club, LLC		
List of		
Land Owned		
As of		
January 10, 2007		

DESCRIPTION:

A f'IX?ll(}/( (If	LOTS I, ~ 7, 8	AJliJ !l /;}//) AU. Ci LOTS ',ID,		ft	AllfJ	12	fff.fX1< ~ 6f.ltRif.1J. C,f.1,f/.W/,![lff							
8()(1(	t,	PAGE	1 /fl 11£	11il&JC.Rf<X'Jl>JJS Cf" fUf.Wl cat//Y,						CCU!WiYS	tAIIO AS RfC®XO IJ{ PUr		
					fl.Ci/fJA.						
Tl}Xt{~/JP 12	SIXIIH, IWlrif J[				TitiWER Jll1H .4 l'Cf.fl(W Cf GO~T	SXCTKXIS t~ 14,	JIJ AND Jg,		
£AST,				WT. FUCUR C(XJNW, f/.Oir!iJA.	Slll!AlEV	IN 6'Q;vw.eir !£C'[f(,WS fl, u.	JO					
	FI.Ar1.fP.	fXX)f{IY,	!Uf/JD.4. lEl{G Jl(1IE /W((liiflJ.Jll.Y						l,l,t/ J9,	10/'th:Jff 12	swm, RAl/(i[		
				D£:l:1l!f3f11	AS m10~						

JI

	W,fjff}/CIK{; 1.r Tl£	IH~llQV	(If TIie	HESr	fda/T (If		WAY WE	(f	,1(1"/ Al!JfBJJli HrmAY (S~TF: l1iMO 20f)						Tl£	Nf1/TH							
	Sf.CT/tXI	J/J-12-Jf;										A}{{)					1H (f' SIJf)		
			11/Eh'Ct: N.11/S		SJJ()		HfST	R/QfT-W-WAY1M											
											liCfllll !8i5W•	~~T,	A l!r'SW{(£ Cf Xl<XXX	f'EITTO								
	llf.NCE C<lfl1/IWM	N.filG	SNIJ	J£ST Rt&r-<F-WAY lJIJ£,			f/&111									THE	rot/T	(f	~		
									18'/~tJo•	flSf,													
												A i.VSTIJ«!	(If Jt.9.53	F££7; llttl{Cf										
	WAY	lJi£ NC(JTH 88¥7'52.	EAST.	A		0/STANI:£ Cf													W'MT!NC		S4lO	HfST 1/f(j{T f/F		
							6U.9S f£U IV A	!WI[ <JI 11£		!EST l/Af. Cf'																			
	lBf	HCWT/1	0113'<0•	MST,	A										S((:TIIJI	fJ-12-JT:			mrx N1PJ	SM1	IIEST	SECTKi/		
						~NI(£	tr Uf.P.J F££f ro		A PCtl{T	fXI	TtC h'flllll	lJ!lf: Cf												
	l.l{f	f«X11H	~·re·	rur,	A								!£C'l1(J{ fJ-12-Jf;	T//fNf.£	Al.<J,'(J	SIJ(J	/{(i/TI/	SEC'/10.V		
						DiSiANC£	<X'	f.M0.40	FEIT	TO PaliT	fXI	'fHE l+EST															
	Al(J{S SW	115T!IIQIT <F	WAY	lJl,f 1H£							fi1(J/f-<r-l!'AY	l1li£ or Fl.0.WA	INTP.ACCASW. WArERmoi (1i£NCf		
					ml.Oil/llfJ 1!!0	~	Willi								
	fASr.	A lJ.S'Wi(.'£ <F	1265.BJ FEET;																		13'59'25' £AST,	AC<STAN((;	IF	!1,15().11-	£ITT;		~	SWll{ 2117W		
													1/{E}{Cf W'AlfllH(; SW lltSr mnr	IF IC>IY ll!lf Nt>		A!<WG A KSTEf/1. Y																	
	l<llfH	CREIJ(,		SW!H W5#'.15"		llfST. A																															Of'	111£ lflSTWC	CHA.~	W HAW		
							USf'A!{C£	OF U8.J!J	ff£1';																										lH						
	sa~SJ· fASr.	AIXSTAJ«X	IF									m£1,'a; SO(lllf		l9'2TCl'J"	fAST,	A	Dt'Slmr.f Of	8{J.95 FEE.T;						S<XJTII			
				IIJ.M fF.E1'	1V	,t	P<JNT <W													1/fth'CE				
									THE: mJIESMJ /NmMXJSTiJ..																	
	641.50	Fml																			~(Jfl..(f°'-1/'l.'C		mENfE	SWlll	2111'55" (AS{	A rxsrAJ{(E Of'		
					'fllENC£ IE'Allllh'IJ SW R((WT-ff'-W.!Y, SCt/JH	6UiDW' llf'ST, A													
							fiSl'ARCC <F													
	UI£ U							1.5m12 ffIT	10 A	P<l1fT					
		J/1/l/		AJl)fJtS(J{	H/GffWAY (STATE	RONJ	2()();										CW	HIE	EAST	ff(}JT-a'-			
									11fENCf Al.(.J/(;	SMJ	£AS1'																																		
•	fE£1i																	flla/T-cf-',f,JY	Ult	S(tlffl	«J'2111"	cASI;												WAY		
		1/fiJfCE		W>IJ/Tfl{(; SAO		ET	ffi®'		l)f' WAY W£ S1.J/ll 6918'4r										A	l1$TNIC£	<F 737.69		
										H(S1; A OfSTM'<X													
	()(ST/llct	tF	99SJ/8															a' 151ll02 Ff£T;	t/([}l(E	NfXl'fH 20'#1'12' llfST,	A			
				fffl; 11EJIC£ Ha(ll{ 2/IN'#• 1fSl; A														
					l!J$TI.J,'(£ «'	1,618.01	Fu:T:		IIIEJI(£	NIX?JH 8&17'08"									
	1H9l<E	l.'(li/11	(IJ'SriO' 16T,		A IJ(STIJ/(£	ff' Jfl5(}										HEST.	A	f1STl,N(£	<F	2,61#.28 fE£Ti		
							FF.£T;		1llEl«£																				
															NfX/Tll -					~r,	A tJSTIJKE Of' ?.172.87											
	EilS1,	A D/STN/(£. rF 1,526.35		fEEf;		W>'ct	llm.7/f 45'51'15'	EASf,						0'2J'/J2'			FfEI;		11/fllC£ IKXlTfl ;JJYJ'Jt•		
										A ll/STIJKJ:	W !IQ2.J8	FEB;	lilt]{(£											
	1,m.;s Ff£T;			!WICE																						N&TH <0Ul8"	JIEST,	A IXSTANC!	<F		
					l{(J/TII ano'.fo• 161; A	IJ/SYiJli:£ lf'	189.69	Ml:	1}/f/~	Hfl<lll	rorsn·								
	BS'J2't6• F.AST. A IJISTNl<X CF	257.SJ l1II;								~,;	A	fiST#ICE OF	811.9()	FEET;	11fE1K1:	N(J(/l/1		
			llll1«E Ntiilll		()177'08'	16J; A fiSWK:£	OF	1,(KJlll		IEET									
	Ull£ ff	SWF		ROAi) Na 11il												TO A lWlf Cti	711£	flXITI( f/l(J/T <X'			
						'fl£NC£ N.®	SM/	SQJ'l/( PJCI/T a:												WAI'		
										WAY C,.f	St.WI 8f29'oJ" £AST.	A DfSTI.Wf CF	059.81						
	SW swm	f/l(;JIT fr	WAY IA.'£	S(XJ]H ()IJ30'5r	if.ST,	A~'CE						m:T:	lliflt'f:£	llPI.Rl/Nt		
	T/18iCE									(.f'	2ta0{	fffJ;		1lffJlC£	!'QJlll	8(J'2'iOJ'		EAST,	A	DIS~						
		SOIJTH		(){J'J0'57' /£Sr,	A {)l.									ffEI;	Tl{[J{CC													~ 21aw	lf.'£1;			
	E:ASI; A	{)ISTNH:E tF	1,70/.6/						$fAtict <F JIJS.$2			S(J{Jll/	fi9'28'J8'	fA.11;	,I	biSTN/Cf OF 822.12	FEIT;	71/0fCE	SfJ/lH	OOW\io'		
				FEET; l1fEJi(£ IKY?TH	e8'$/'t2•	/:AST,															
65i1.81							A OfSTJJlct fF	tJ5<l55	Ff£1;	11/EJI();	f,(JJ/1/ Otro'J2"	WT.				
	FEET;	'1H8ICE N(Y{IH 88'Jl'tr	EAST,	A IXSTANC£ Cf										A Dl!,iillf(E	f/F		
						£58.75	fW';	Wt:£ $()()1JI 1614'.fd'	EAST; A	£mAIK£											
e.8'50)t•	fASf,			A	CKSTIJK£ CF JJC.Of	Fm	lO 71£	!WIT fF	£Ti~				W J!IJ.W	ffI1)	1Hf11Cf	Nffillf		

COi/TlllliNG

953.JlAC!lfS,

II&€

<Xi

lESS.

TOTAL

TOTAL

VOTES

NUMBER

OF

AUTHORIZ~

VOTES:

953.37

953.00