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Agenda 09/27/2016 Item #17A
17.A 09/27/2016 EXECUTIVE SUMMARY OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the establishment of the"Fronterra"Community Development District(CDD)by adoption of an Ordinance. BACKGROUND: The East Gateway Planned Unit Development (PUD), located in the Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Future Land Use Map, was adopted on February 25, 2003, by Ordinance No. 2003-11, consisting of 37.39+ acres. The PUD was later amended and corrected the acreage to 37.35+acres by Ordinance No. 2016-02. CONSIDERATIONS: On April 28, 2016, CCC Fronterra, LLC, A Limited Liability Company, filed a petition with the Growth Management Department, Zoning Division, Comprehensive Planning Section, for the establishment of the "Fronterra" CDD within the East Gateway PUD. A mandatory $15,000 application fee was submitted with the petition. On July 26, 2016, the petitioner amended the CDD boundary to include additional acreage within, from 33.07+ acres to 33.21+ acres, and provided all necessary documentation. The proposed District is located entirely within Collier County, Florida. The proposed District consists of 33.21+ acres of land within the East Gateway PUD. The site is located in Section 34, Township 49 South, and Range 26 East. A map showing the location of the land area to be serviced by the District appears as Exhibit "1"to the petition. A metes and bounds description of the proposed CDD can be found in Exhibit"2" of the petition and as Exhibit"A"to the Ordinance establishing the CDD. The proposed CDD includes an area planned for approximately 250 residential units and amenities (as approved for in the East Gateway PUD). Of the 250 residential units approved, 172 residential units will be within the district boundary. As of the date of the first of four advertisements required for the establishment of this CDD, no PUD amendment petitions for this project have been filed with Collier County. By adopting the Ordinance and granting the petition the Board would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the "Fronterra" Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted this Ordinance would consent to the further exercise of certain additional special powers authorized by Section 190.012(2)(a) and (d), Florida Statutes, to plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, provided however that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. The District Board of Supervisors is initially elected in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, after six (6) years of duration and at least 250 registered electors residing within the District, the Supervisors are then elected on a one- person, one-vote basis by such registered electors. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest I Packet Pg. 1728 17.A 09/27/2016 requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. So as to provide these systems, facilities and services, the District also is given certain eminent domain powers, within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent the aforementioned eminent domain power is limited to the boundaries of the District. Accordingly, if Collier County adopts the Ordinance, then it establishes the "Fronterra" CDD, as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool, off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If at any time during its existence Collier County determines by a non-emergency Ordinance that it can provide any one of the District services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itself. Additionally, within five (5) years after the effective date of the Ordinance establishing the District, if a landowner has not received a development permit as defined in Chapter 380, Florida Statutes, on some part or all of the area encompassed by the District, it will automatically be disbanded by state law. Also, if the District becomes inactive pursuant to section 189.062, Florida Statutes, Collier County shall be informed of such occurrence and shall take appropriate action which may include the dissolution of the District. Finally, if the District has no outstanding financial obligations and no operating or maintenance responsibilities, upon petition of the District, Collier County may determine by a non-emergency Ordinance to dissolve the District. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by County Ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board is to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special- District government. County legal, and planning staff have reviewed the petition and exhibits submitted by the petitioners Packet Pg.1729 17.A 09/27/2016 (attached) relative to these six (6) factors and have found the proposed Fronterra CDD petition to be compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "10" of the petition, "Statement of Estimated Regulatory Costs for "Fronterra" CDD delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the CDD is $4,679,418.73 consisting of earthwork, roadway and utilities construction, and construction of the water management system, amenity improvements, exotics removal in preserve, and design and permitting work. DISTRICT RESPONSIBILITIES: According to the petition, the "Fronterra" CDD, if the Ordinance is adopted, will assume responsibility for the construction of the following: Earthwork, Wastewater System, Water Supply System, Surface Water Management, Roads and Paving, Landscape & Irrigation, Entrance Features, Fences & Gates, and Other(sidewalks). "SECTION SEVEN" PETITIONER'S COMMITMENTS: The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and(2)record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. (3) File with the Board of Supervisors any and all agreements it has with the County. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. GROWTH MANAGEMENT IMPACT: The 33.21+ acres of the "Fronterra" CDD lies within the Urban Mixed Use District, Urban Residential Subdistrict, as depicted on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code(LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The following explanation for this proposed transaction is from counsel to the applicant, which explanation should be considered as part of your review of the criteria set forth above: The East Gateway PUD contemplates development of up to 250 residential units on 37.35 acres. The District encompasses 33.21 acres upon which the petitioner has represented that 172 residential units will be developed. Per the petitioner, the entire PUD property is currently owed by BC Naples Investments, LLP. The portion of the property that will comprise the District will be sold to CCC Fronterra LLC who will develop the lands within the District. A consent to the creation of the district on this portion of the property is included within the petition. The remainder of the property within the PUD (i.e. 4.14 acres) will be retained by BC Naples which will develop commercial units on that property which will be funded with private financing. Although nothing about the establishment of the district will alter or amend the development approvals currently existing within the PUD, no remaining residential units are expected to be developed within the boundary Packet Pg. 1730 17.A 09/27/2016 of the PUD other than the residential units located within the District. Accordingly, the development of the commercial property is a separate project from the CDD's development of residential infrastructure. That landowner (BC Naples) has not consented to the inclusion of those 4.14 acres. The petitioner is seeking the establishment of the CDD only for the residential portion of the PUD which the petitioner intends to develop. This explains why the CDD application includes most but not all of the lands within the PUD. Given the different ultimate ownership and development plans, we believe this is reasonable and appropriate and in compliance with the requirements of Chapter 190, F. S." With this additional information noted, this item is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: Staff recommends that the Board adopt and enact the proposed Ordinance establishing the"Fronterra"Community Development District(CDD). Prepared by Marcia R. Kendall, Senior Planner, Comprehensive Planning Division, Growth Management Department ATTACHMENT(S) 1.Attachment 1 Correspondence (PDF) 2.Fronterra CDD Attmt_2 - Stff_Rspns_Six_Factors_rev1 (PDF) 3.FINAL Fronterra Ordinance- JAK signed (PDF) 4. [Linked] Fronterra_CDD_Petition (PDF) 5. Fronterra CDD legal ads -Agenda ID#1816 (PDF) Packet Pg.1731 17.A 09/27/2016 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Item Summary: Recommendation to Adopt an Ordinance establishing the Fronterra Community Development District(CDD)pursuant to Section 190.005,Florida Statutes. Meeting Date: 09/27/2016 Prepared by: Title: Planner, Senior—Zoning Name: Marcia Kendall 08/24/2016 8:39 AM Submitted by: Title: Division Director -Planning and Zoning—Zoning Name: Michael Bosi 08/24/2016 8:39 AM Approved By: Review: Zoning Michael Bosi Level 1 Add Division Reviewer Completed 08/29/2016 8:45 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/29/2016 9:32 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/06/2016 1:17 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2016 1:28 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2016 4:11 PM Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 09/16/2016 10:10 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/20/2016 2:01 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM Packet Pg.1732 (cm eaaa;uoaj : 91,g1.) aouepuodsaaao3 ;uewyoe;any quawgoenv ti KendallMarciaCb From: KendallMarcia Sent: Tuesday, August 23, 2016 6:51 AM ( � J To: KlatzkowJeff I— Cc: NeetVirginia; BosiMichael Subject: FW: Fronterra CDD Importance: High Jeff, I believe, rather than contacting you directly, the client forwarded the below email in response to your comment regarding the recently submitted Ex.Summary under review. Please see below response, and at your earliest convenience advise me if this shall or shall not move forward. If to move forward, I will get the petition uploaded to Accela (due today) before COB. I await your response. Thank you! Cordially, Marcia ss Marcia R. Kendall, Senior Planner Growth Management Department Zoning Division Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendall©colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead, contact this office by telephone or in writing, From: Lindsay Whelan [mailto:LWhelan@hgslaw.com] Sent: Monday, August 22, 2016 4:33 PM To: KendallMarcia <MarciaKendall@colliergov.net> Cc:Jonathan Johnson <jonathanj@hgslaw.com> Subject: Fronterra CDD 1 (000 eaialuoi j : 91.80 eouapuodsano3 1, ;uauayoe;}y :i.uauagoefy ra Q T r Marcia, 6 a. I am writing to follow up on our call earlier this morning. As you'll recall,the East Gateway PUD contemplates v evelopment of up to 250 residential units on 37.35 acres. The District encompasses 33.21 acres upon which the petitioner has represented that 172 residential units will be developed. n. Per the petitioner, the entire PUD property is currently owed by BC Naples Investments, LLP. The portion of the property that will comprise the District will be sold to CCC Fronterra LLC who will develop the lands within the District. A consent to the creation of the district on this portion of the property is included within the petition. The remainder of the property within the PUD (i.e. 4.14 acres)will be retained by BC Naples which will develop commercial units on that property which will be funded with private financing. Although nothing about the establishment of the district will alter or amend the development approvals currently existing within the PUD, no remaining residential units are expected to be developed within the boundary of the PUD other than the residential units located within the District. Accordingly, the development of the commercial property is a separate project from the CDD's development of residential infrastructure. That landowner(BC Naples) has not consented to the inclusion of those 4.14 acres. My client is seeking the establishment of the COD only for the residential portion of the PUD which my client intends to develop. I hope this explains why the CDD application includes most but not all of the lands within the PUD. Given the different ultimate ownership and development plans,we believe this is reasonable and appropriate and in compliance with the requirements of Chapter 190, F.S. Please feel free to provide this information to Jeff Klatzgow. If you or he need additional information, please do not hesitate to contact me at (850)425-2206. Thanks for all of your help. st, Lindsay Whelan Hopping Green & Stuns, P.A. 119 South Monroe Street, Suite 300 Tallahassee,FL 32301 850.425.2206 I hgslaw.co111 Notice: The information contained in this e-mail message is Attorney/Client Privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify us by telephone at(850)222-7500 and delete the original message.Thank you. 2 17.A.b ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR THE FRONTERRA CDD Background: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County c Commissioners to consider in determining whether to grant or deny a petition for the ,2 establishment of a CDD, as follows: c.0 co 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. re 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one yi functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. N 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the w� following findings with regard to the proposed "Fronterra" Community Development District (CDD): 1. Whether all statements contained within the petition have been found to be true and correct. a3 Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office, 2 has reviewed the referenced "Fronterra" Community Development District (CDD) petition. Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents appear to be true and correct. c 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The East Gateway Planned Unit Development (PUD), was originally approved by the Board of County Commissioners in 2003 and amended in January 2016. As part of the approval process, the development was found to be consistent with the Growth Management Plan in effect at that 1 Packet Pg. 1735 17.A.b time. The entire PUD designated Urban Mixed Use District, Urban Residential Subdistrict, on the Collier County Future Land Use Map. The proposed "Fronterra" CDD would be a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the CDD Development. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. The East Gateway PUD contemplates development of up to 250 residential units on 37.35 acres. The District encompasses 33.21 acres upon which the petitioner has represented that 172 cu residential units will be developed. o L Per the petitioner, the entire PUD property is currently owed by BC Naples Investments, LLP. The portion of the property that will comprise the District will be sold to CCC Fronterra LLC co who will develop the lands within the District. A consent to the creation of the district on this portion of the property is included within the petition. The remainder of the property within the PUD (i.e. 4.14 acres) will be retained by BC Naples 5 which will develop commercial units on that property which will be funded with private IX financing. Although nothing about the establishment of the district will alter or amend the development approvals currently existing within the PUD, no remaining residential units are �I expected to be developed within the boundary of the PUD other than the residential units located within the District. Accordingly, the development of the commercial property is a separate project from the CDD's development of residential infrastructure. That landowner (BC Naples) ui has not consented to the inclusion of those 4.14 acres. The petitioner is seeking the establishment x in of the CDD only for the residential portion of the PUD which the petitioner intends to develop. This explains why the CDD application includes most but not all of the lands within the PUD. Given the different ultimate ownership and development plans, we believe this is reasonable and appropriate and in compliance with the requirements of Chapter 190, F. S." v� As to consistency with the State Comprehensive Plan, the County staff notes that the CDD w� process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: L 07 " Goal. --Florida governments shall economically and efficiently provide the amount and e quality of services required by the public." u_ Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." 2 Packet Pg. 1736 17.A.b As an "independent special taxing district", the proposed CDD is consistent with the State Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed "Fronterra" CDD, if approved, would be the smallest CDD of size ranges within Collier County. Currently, the smallest CDD in Collier County is the Pine Air Lakes CDD 2 consisting of 149.90± acres. However, Comprehensive Planning staff believes that the a� "Fronterra" Community Development District although smaller in size, meets the above criteria. c LL 4. Whether the district is the best alternative available for delivering community to development services and facilities to the area that will be served by the district. o As noted within Exhibit 10 of the "Statement of Estimated Regulatory Costs" under Purpose 1.1, page 1, and Additional Information 7.0 page 8, provides for alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to issuing tax exempt bonds secured by, among other things, proceeds of non-ad valorem special assessments levied on land within the District. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSTU or a special taxing district under Chapter 170, F.S. These alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. Therefore, staff finds that establishment of the proposed CDD is responsive to the best alternative method available for delivering community development services and facilities to the area that will be served by the proposed district. Ni a 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or v development that would be inconsistent with its existing development approvals. as 6. Whether the area that will be served by the district is amenable to separate special- 2 district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Department staff finds that the subject area for the proposed "Fronterra" CDD is amenable to special district government. Furthermore, staff recommends that the Board of County Q Commissioners consider adoption of the Ordinance, as contained in Attachment 1, establishing the "Fronterra" Community Development District. 3 Packet Pg. 1737 17.A.c ORDINANCE NO.2016 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 33.21 ACRES; PROVIDING FOR THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; o PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND u_ ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CCC Fronterra, LLC, a Florida limited liability company has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of a� the State of Florida, to establish the FRONTERRA COMMUNITY DEVELOPMENT DISTRICT(District); and au WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the o factors to be considered in Section 190.005(l)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 2 L 1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. 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. [16-CPS-01549/1259588/1 1 Packet Pg. 1738 17.A.c 6. The area that will be served by the District is amenable to separate special-district government. WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or 0 permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental LL planning, environmental, and land development laws, regulations, and ordinances apply to all co 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 Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. WHEREAS, pursuant to Section 190.012(2)(a) and (d), Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors have sought consent from Collier County for the grant of authority to exercise special powers LL without question as to the continued right, authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions of law governing county ordinances. [16-CPS-01549/1259588/1 2 J4') Packet Pg. 1739 17.A.c SECTION TWO: ESTABLISHMENT OF THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT The Fronterra Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. David Genson 2. Brian Goguen 2600 Golden Gate Parkway 2600 Golden Gate Parkway Naples, FL 34105 Naples,FL 34105 3. Hal Eisenacher 4. Diana Ibarria cs 135 San Lorenzo Avenue, Suite 740 135 San Lorenzo Avenue, Suite 740 a) Coral Gables, FL 33146 Coral Gables, FL 34146 5. Mike Levak 7 135 San Lorenzo Avenue, Suite 740 Coral Gables, FL 33146 0 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Fronterra Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT E The Fronterra Community Development District shall be governed by the provisions of (13 Chapter 190,Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the Fronterra Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law. The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set [16-CPS-01549/1259588/1 3 Packet Pg.1740 17.A.c forth in Section 190.012(2)(a) and (d), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (1) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses and (2) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion- detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. 0 SECTION SEVEN: PETITIONER'S COMMITMENTS �, 2 The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (1) elect one co resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific a, terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's cts Commitments against Petitioner, its successors and assigns. 0 SECTION EIGHT: CONFLICT AND SEVERABILITY 2 In the event this Ordinance conflicts with any other ordinance of Collier County or other a applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"or any other appropriate word. [16-CPS-01549/1259588/1 4 OHO Packet Pg. 1741 I 17.A.c SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2016. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS c COLLIER COUNTY,FLORIDA 0 I- L 5. c By: By: o , Deputy Clerk DONNA FIALA, CHAIRMAN `- to 03 Ap. ov . . to form and legality: E � d c l..'�� , N JeffreQ A.'' atzkow Q Coun A asmey IId V c 03c •a L O ca L •Ir c O L u. J Q Z LL c m v to Qw [16-CPS-01549/1259588/1 5 111) Packet Pg. 1742 EXHIBIT A 17.A.c (13) Stantec I 3200 Bailey Lane,Suite 200, Naples FL ( LEGAL DESCRIPTION Of part of Section 34, Township 49 South, Range 26 East, Collier County, Florida (Fronterra CDD Boundary) Revised 06/24/16 All of that part of part of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the Southwest corner of Lot 1, according to the plat of Alligator Alley Commerce Center Phase Two, Plat Book 49, pages 60-64,of the public records of Collier County, Florida; Thence along the east line of the west%of the southeast 1/4 of said Section 34, North 00°26'06" West 318.94 feet to the POINT OF BEGINNING; o Thence leaving said west line South 89°33'54"West 566.00 feet; 0 U Thence South 00°26'06" East 54.00 feet; 2 Thence 39.27 feet along the arc of a non-tangential circular curve concave southeast having d a radius of 25.00 feet through a central angle of 90°00'01" and being subtended by a chord c which bears South 44°33'54"West 35.36 feet; C Thence South 00°26'06"East 21.27 feet; u_ Thence 52.90 feet along the arc of a circular curve concave east having a radius of 135.00 co feet through a central angle of 22°27'01"and being subtended by a chord which bears o South 11°39'37" East 52.56 feet to a point of reverse curvature; Thence 106.97 feet along the arc of a circular curve concave west having a radius of 273.00 'o feet through a central angle of 22°27'01"and being subtended by a chord which bears c South 11°39'37" East 106.29 feet; a1 Thence South 00°26'06" East 31.38 feet; in �^ , Thence 38.97 feet along the arc of a circular curve concave northeast having a radius of Q 25.00 feet through a central angle of 89°18'21"and being subtended by a chord which bears South 45°05'17" East 35.14 feet to a point on the north right-of-way line of Davis Boulevard (State Road 84); _ Thence along said north line North 89°44'27"West 190.63 feet; cf° Thence leaving said north line North 00°26'06"West 2,388.76 feet to the south right-of-way 'a line of 1-75(State Road 93); 0 Thence along said south line South 69°00'50"East 406.89 feet; Thence continue along said south line South 63°27'29" East 389.61 feet to the east line of a`i the west%of the southeast'/ of said Section 34; c Thence along said west line South 00°26'06" East 1,753.27 feet to the POINT OF BEGINNING. u_ J Containing 33.21 acres more or less. Z Subject to easements and restrictions of record. it Bearings are based on the north line of said Davis Boulevard being North 89°44'27"West. m Certificate of authorization #L13-7866. E -c Stantec Consulting Services, Inc. Q Registered E I Beers andanLand Surveyors By: / /'�`�"� Date:June 24, 2016 J n Maloney, Prof ssional Surveyor and Mapper#LS4493 R f:2C- 155 No id unless emb sed with the Professional's seal. X00 1 OWNER/CLIENT/CONSULTANT: PROJECT: TITLE SEC:34 TWP:49S RGE:25F II NSU L A a Designed by: Drawn NGINEERINGw CCC FRONTERRA, FRONTERRA METES AND pad. JUNE2016 XI Golden Gate Parkway LLP CDD BOUNDS Drawing Scale: dies,Florida 34105 ProjeS Number P-BCNI-002 one:239.403.6700 Fax:239.261.1797 DESCRIPTION File Number. P-BCNI-002-002-X06-2A 1 salt info@pen-eng.com bsite:www.pen-eng.com X06-2A rida Certificate of Authorization#28275 Sheet Number Packet Pg. 1743 17A.e NOTICE OF PUBLIC HEARING ' NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby'given that the Collier County Board of County Commissioners(the"Board")will hold ` a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting. On April27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the G "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's U consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the iP. I relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether Collier County will establish the Fronterra Community Development District by adoption of an ordinance. c L , x. A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance .. with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier 1 to ru County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. o I a Horseshoe Drive,Naples,Florida. co D All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the v- 0 hearing and present oral or written comments on the Petition. c u La If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter — P considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a .0 n verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to m en be based. Q Z • m If you are a person with a disability who needs any.accommodation in order to participate in this proceeding,you are Ti ro entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management D H Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two tv (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County at Q Commissioner Office. m A 64 ,' O C.) I _! I II m . - coo aouNomw co co E uar��` -I m d E ra,lr Irl alrllll,It ` U ='' .mow to 1 IN Q a 'E'1LOCATION : I August 30,September 3,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30 and September 3,13&30,2016 ND-1233307 j L • Packet Pg.'1744, 17.A.e NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold t a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners „...-.,-,, Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose Of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting. • • On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the G . at C "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's .) To consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections ` -- 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the d torelationshiprelationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether c Collier County will establish the Fronterra Community Development District by adoption of an ordinance. O u- in A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance co with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier 3 County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. e- co `1; Horseshoe Drive,Naples,Florida: O1 All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the co T.) • hearing and present oral or written comments on the Petition. ch p Z If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter to Is considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a r0 5 verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to CO be based. a • If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are tn Boz „, entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management m e Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two 71 N '(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. • G ' Nil-'''\. C.) Iii -' r c 1.1 a „i,,, Ell: m c ._��a, COD BOUNDARY W 0 J G „ „te; ":.:.., ti E , .m na�'II/AHU11,.11.i_ U :i 71 I . wwsavo, w ITE LOCATION 1 August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District • BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK , August 30,September 6,13&20,2016 ND• -1233307 ,....\ .;'..;.7A 0 Packet Pg.1745 17.A.e: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirety within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of p concurrency,comprehensive planning,and development permitting. V co o On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the IN "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's j, c consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections c fD 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the al arelationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether ' Collier County will establish the Fronterra Community Development District by adoption of an ordinance. co inm 00 ts A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance is 3 with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier co cCounty,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. co Horseshoe Drive,Naples,Florida. w 4k c All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the G rn hearing and present oral or written comments on the Petition. co Z c n d If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter . a IS considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a < w verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to ' cu be based. -0 co Z Ifyou are aperson with a disabilitywho needs anyaccommodation in order to participate in this proceeding,you are eo Z P P A entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management m w Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County p Commissioners Office. V d O ,,"re= t11711111t! `1 I 1 d ER IIY111 g E • `II/111":.=._ i CDD BOUNDARY rrtt 6 .. C..: ,ala` ."u el Y"swl I/f:llfl 111 Bf "e U , ..�_tse�vo 'E"" ,1TE°LOGATION '.. August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30,September 6,13&20,2016 ND-1233307 L Packet Pg.a 1746 I7.A.e- NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold �—N, a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting. G On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the C.) "Petition")to Collier County,along with the application-processing fee of;15,000 for review by the County. The Board's • ` consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the m relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether o o Collier County will establish the Fronterra Community Development District by adoption of an ordinance. u- CD A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance v- CL with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier or° ru County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. Horseshoe Drive,Naples,Florida �p CO mM All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the Ti hearing and present oral or written comments on the Petition. G c If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter Ts c considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a o+ verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to Z be based. re is I ro If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are 'A entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management ro su Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two Cu 4c (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County d z Commissioners Office. G a 6 V m 13 urmuirr, '�' rrrr • o, urm g C c r ;: ori.. d 6 - CDD BOUNDARY E row 7 E r a,unv.91 co . .. Ivo. w Q 1TEL-OCAT1ON1 August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30,September 6,13&20,2016 ND-1233307 '1 Vi iii, 44:0 Att Packet Pg.1747• BEFORE THE COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA IN RE: AN ORDINANCE TO ESTABLISH THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT PETITION CCC Fronterra, LLC, a Florida limited liability company (“Petitioner”), hereby submits this Petition to the Board of County Commissioners of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is generally located south of I-75, west of Collier Boulevard (CR-951), north of Davis Boulevard and east of Barot Drive in unincorporated Collier County, Florida, and contains approximately 33.21 acres. Exhibit 1 depicts the general location of the project. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. 2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof is written consent of the owner of 100% of the real property to be included within the District. 3. Name. The proposed name of the District to be established is Fronterra Community Development District (the “District”). 4. Initial Board Members. The five person designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: 1. David Genson - 2600 Golden Gate Parkway, Naples Florida 34105 2. Brian Goguen - 2600 Golden Gate Parkway, Naples Florida 34105 3. Hal Eisenacher - 135 San Lorenzo Avenue, Suite 740, Coral Gables, Florida 33146 4. Diana Ibarria - 135 San Lorenzo Avenue, Suite 740, Coral Gables, Florida 33146 5. Mike Levak - 135 San Lorenzo Avenue, Suite 740, Coral Gables, Florida 33146 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 2 5. Existing Land Uses. The existing land uses within and abutting the proposed District are depicted in Exhibit 4. The adjacent property to the north and west is zoned PUD. The adjacent property to the south is zoned MPUD and the adjacent property to the east is zoned CPUD. The lands within the proposed District are zoned PUD on the County’s zoning map. 6. Future Land Uses. The future general distribution, location and extent of the public and private land uses proposed within the District are shown on Exhibit 5. These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan. Pursuant to Collier County Ordinance No. 2016-02, the proposed development of the lands within the East Gateway Planned Unit Development, of portion of which includes the lands within the District, contemplates the construction of up to 250 residential units on approximately 37.35 acres. A total number up to 172 residential units will be constructed within the District. Exhibit 6 shows the proposed development plan for the lands within the District. 7. Major Water and Wastewater Facilities. Composite Exhibit 7 shows the existing and proposed major trunk water mains and sewer connections serving the lands within the District. Composite Exhibit 7 also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. Exhibit 8 describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are set forth in Exhibit 9. At present, these improvements are estimated to be made, acquired, constructed and/or installed from 2016 to 2018. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory Costs. Exhibit 10 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is a limited liability company, whose address is 135 San Lorenzo Avenue, Suite 740, Coral Gables, Florida 33146. Exhibit 11 identifies the authorized agent for the Petitioner. Copies of all correspondence and official notices should also be sent to the authorized agent for the Petitioner: EXHIBIT 1 1" = 800'I-75 RADIO ROAD DAVIS B L V D COLLIER BLVDMARKET STBUSINESS CIR N.BAROT DRPALM SPRINGS BLVDCALLE DEL RAY PINE CREST LN PINE VALE DR PALM LAKE DR PINE CONE LN SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS LA QUINTA INN & SUITES MCDONALD'S WALMART CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 3:55:41 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:33:00 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-1.dwg]CCC FRONTERRA, LLP FRONTERRA CDD LOCATION MAP 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 800' P-BCNI-002 P-BCNI-002-002-X06-1 X06-1 11 SITE LOCATION EXHIBIT 2 Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/7/2016 9:06:29 AM] [By: CWickstrom] [Plot Date: 6/27/2016 11:30:58 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-2A.dwg]CCC FRONTERRA, LLP FRONTERRA CDD METES AND BOUNDS DESCRIPTION 34 49S 26E JUNE 2016 P-BCNI-002 P-BCNI-002-002-X06-2A X06-2A 11 Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/27/2016 11:33:15 AM] [By: CWickstrom] [Plot Date: 6/27/2016 11:33:28 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-2B.dwg]CCC FRONTERRA, LLP FRONTERRA CDD METES AND BOUNDS MAP 34 49S 26E JUNE 2016 P-BCNI-002 P-BCNI-002-002-X06-2B X06-2B 11 EXHIBIT 3 Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/7/2016 9:06:29 AM] [By: CWickstrom] [Plot Date: 6/27/2016 11:30:58 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-2A.dwg]CCC FRONTERRA, LLP FRONTERRA CDD METES AND BOUNDS DESCRIPTION 34 49S 26E JUNE 2016 P-BCNI-002 P-BCNI-002-002-X06-2A X06-2A 11 EXHIBIT A EXHIBIT 4 1" = 500'RADIO ROAD MARKET STBUSINESS CIR N.BAROT DRPALM SPRINGS BLVDPINE CREST LN PINE VALE DR PALM LAKE DR PINE CONE LN SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS LA QUINTA INN & SUITES DAVIS BLVD CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 3:59:06 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:34:02 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-4.dwg]CCC FRONTERRA, LLP FRONTERRA CDD EXISTING LAND USE 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 500' P-BCNI-002 P-BCNI-002-002-X06-4 X06-4 11 EXHIBIT 5 1" = 500'RADIO ROAD MARKET STBUSINESS CIR N.BAROT DRPALM SPRINGS BLVDPINE CREST LN PINE VALE DR PALM LAKE DR PINE CONE LN SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS LA QUINTA INN & SUITES DAVIS BLVD CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:00:21 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:34:45 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-5.dwg]CCC FRONTERRA, LLP FRONTERRA CDD FUTURE LAND USE 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 500' P-BCNI-002 P-BCNI-002-002-X06-5 X06-5 11 EXHIBIT 6 SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS DAVIS BLVD 1" = 300'AMENITY TRACT PRESERVE PRESERVECDD BOUNDARY (TYP) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SINGLE FAMILY RESIDENTIAL LOTS (172 TOTAL) LAKE LAKE 32 33 34 35 36 37 38 39 40 41424344454647 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 676869707172 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:11:22 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:35:10 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-6.dwg]CCC FRONTERRA, LLP FRONTERRA CDD PROPOSED DEVELOPMENT PLAN 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 300' P-BCNI-002 P-BCNI-002-002-X06-6 X06-6 11 COMPOSITE EXHIBIT 7 SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS DAVIS BLVD 1" = 300'EX. PUMP STATION EX. 12" WATER MAIN EX. 30" WATER MAIN EX. 12" FORCE MAIN EX. FORCE MAIN STUB OUT EX. 8" WATER MAIN STUB OUT EX. 4" FORCE MAIN NO EXISTING UTILITY INFRASTRUCTURE HAS BEEN CONSTRUCTED WITHIN THE FRONTERRA CDD BOUNDARY CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:02:38 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:36:02 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-7A.dwg]CCC FRONTERRA, LLP FRONTERRA CDD EXISTING UTILITY DISTRIBUTION SYSTEMS 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 300' P-BCNI-002 P-BCNI-002-002-X06-7A X06-7A 11 SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS DAVIS BLVD 1" = 300'EX. 12" WATER MAIN EX. 30" WATER MAIN EX. 8" WATER MAIN STUB OUT PROPOSED WATER MAIN TIE-IN LOCATION PROPOSED WATER MAIN TIE-IN LOCATION PROPOSED WATER MAIN DISTRIBUTION LINE (TYP) CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:03:42 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:36:40 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-7B.dwg]CCC FRONTERRA, LLP FRONTERRA CDD PROPOSED WATER DISTRIBUTION SYSTEM 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 300' P-BCNI-002 P-BCNI-002-002-X06-7B X06-7B 11 SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS DAVIS BLVD 1" = 300'EX. 12" FORCE MAIN EX.FORCEMAIN STUB OUT PROPOSED FORCE MAIN TIE-IN LOCATION PROPOSED PUMP STATION PROPOSED GRAVITY SANITARY SEWER (TYP) PROPOSED GRAVITY SANITARY SEWER (TYP) PROPOSED FORCE MAIN CDD BOUNDARY Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:05:03 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:37:18 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-7C.dwg]CCC FRONTERRA, LLP FRONTERRA CDD PROPOSED SANITARY SEWER SYSTEM 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 300' P-BCNI-002 P-BCNI-002-002-X06-7C X06-7C 11 SADDLEBROOK VILLAGE APARTMENTS TUSCAN ISLE APARTMENTS DAVIS BLVD 1" = 300'CDD BOUNDARY PROPOSED STORM SEWER (TYP) PROPOSED STORM SEWER OUTFALL LAKE LAKE PROPOSED STORM SEWER (TYP) PRESERVE PRESERVEPRESERVE Sheet Number: of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC: RGE:TWP:TITLE:PROJECT:OWNER/CLIENT/CONSULTANT: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Certificate of Authorization #28275 [Save Date: 6/6/2016 4:06:23 PM] [By: CWickstrom] [Plot Date: 6/22/2016 9:38:00 AM] [By: Curtis Wickstrom] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_Permit\Drawings\Exhibits\X06-CDD\Rev04\P-BCNI-002-002-X06-7D.dwg]CCC FRONTERRA, LLP FRONTERRA CDD PROPOSED STORM SEWER SYSTEM 34 49S 26E CURTIS WICKSTROM CURTIS WICKSTROM JUNE 2016 1" = 300' P-BCNI-002 P-BCNI-002-002-X06-7D X06-7D 11 EXHIBIT 8 Fronterra Community Development District Proposed Facilities and Services Improvement Funded By Ownership Operation & Maintenance Roadway Improvements CDD CDD CDD Stormwater Management CDD CDD CDD Potable Water CDD County County Sanitary Sewer CDD County County Irrigation CDD CDD CDD Signage CDD CDD CDD Lighting CDD CDD CDD Landscaping CDD CDD CDD Amenity Improvements CDD CDD CDD Preserve CDD CDD CDD EXHIBIT 9 Fronterra Community Development District Estimate of Costs Improvement Estimated Cost Earthwork $480,328.00 Roadway Improvements $484,762.65 Drainage/Stormwater Management $954,591.70 Potable Water $265,675.40 Sanitary Sewer $892,925.00 Irrigation $199,315.00 Signage $100,000.00 Lighting $170,640.00 Landscaping $210,000.00 Amenity Improvements $250,000.00 Exotics Removal in Preserve $9,555.00 Design and Engineering $438,796.52 Contingency $222,829.46 Total Cost $4,679,418.732 EXHIBIT 10 1 STATEMENT OF ESTIMATED REGULATORY COSTS Fronterra Community Development District 1.0 Introduction 1.1 Purpose This statement of estimated regulatory costs (“SERC”) supports the petition to establish the Fronterra Community Development District (“District” or “CDD”). The proposed District comprises approximately 33.21 acres of land on which BC Naples Investments, LLC (“Developer”) plans to develop single family homes. The District plans to provide localized infrastructure improvements and services (“District Infrastructure”) to serve the land within District boundaries. The District may finance District infrastructure by issuing tax- exempt bonds from time to time (“Bonds”) secured by, among other things, proceeds of non-ad valorem special assessments (the “Assessments”) levied on land within the District. To support the development program, the District would fund approximately $4,680,000 of the cost of the District infrastructure by issuing approximately $5,820,000 in Bonds. The District proposes to provide the infrastructure and community services to the District as described more fully below. 1.2 Scope of the Analysis The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District formation or alteration) 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).” As noted above, the proposed District provides infrastructure, services, and facilities along with their operations and maintenance, to the approximately 33.21 acres planned for the development. The land contained in the District is currently planned for the land uses shown in Table 1 on the next page. These are preliminary plans and are subject to change. 2 Table 1. Fronterra Community Development District Planned Land Uses Type of Use Acreage % of Total Single Family Residential – 172 Units 13.46 40.53% Right-of-Way 5.28 15.90% Lakes 4.14 12.47% Amenity 0.39 1.17% Preserve 6.37 19.18% Open Space 3.57 10.75% Total 33.21 100.00% Source: Developer 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. defines the elements a statement of estimated regulatory costs must contain: “(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 five 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 five 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 five years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, 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. 3 (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. 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 and any other cost necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Collier County is not defined as a small County for purposes of this requirement. (f) Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule.” 2.0 An economic analysis showing whether the rule directly or indirectly will have an adverse impact on economic growth, job creation, employment, private-sector investment, business competitiveness, or regulatory costs. Section 120.541(2)(a), F.S., requires an economic analysis showing whether the establishment of the District will directly or indirectly have an adverse impact on economic growth, job creation, employment, private- sector investment, business competitiveness, or regulatory costs exceeding $1 million in the aggregate within 5 years after the establishment takes place. The answer, based upon numerous other residential community development districts, is that the establishment of the District will not have an adverse impact on economic growth, job creation, employment, private-sector investment, business competitiveness, or regulatory costs. 4 In fact, the District’s establishment is likely to increase economic growth, job creation, employment, private-sector investment, and business competitiveness. This is because the District will provide infrastructure improvements within the District’s boundaries, allowing for the development of the land within the District. This development is planned to include 172 new residences. The residents of the District will purchase goods and services. This new demand created by the District’s residents will increase economic growth, job creation, employment, private-sector investment, and business competitiveness in the areas surrounding the District. The District will have the ability to assess its property owners to pay for the installation, operation, and maintenance of its infrastructure improvements. However, such costs will not be in addition to, or unique to, the District. The infrastructure improvements to be funded by the District would be required to support development of the planned 172 residences, regardless of the District’s existence. Community development districts, such as the proposed District, can fund their infrastructure improvements with long-term bond financing that typically carries more favorable terms than other sources of funding. Thus, the costs related to the installation of the public infrastructure serving the new planned development will not be increased due to the existence of the District. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance As noted above, the proposed District will provide infrastructure and community services to the +/-33.21 acres of land planned for the project consisting of 172 various sized single family and townhome lots. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the District. Of course prior to the sale of the real property within the District to end users, all of the undeveloped land owned by the Developer and any other landowner within the District boundaries will also be under the jurisdiction of the District. 5 4.0 A good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 1,000 acres. Therefore, the County will review and act upon the petition to establish the District. There are minimal additional ongoing costs to various State entities to implement and enforce the proposed ordinance. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Economic Opportunity and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from hundreds of similar special districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State. Collier County This petition to establish the District will require the County to review the petition and its supporting exhibits. In addition, the County will hold public hearings to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the development itself. In fact, such a review of the project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, the $15,000 filing fee which the Developer will pay to the County prior to filing the petition is designed to offset these costs in part. 6 The County will incur only a small additional annual cost if this petition is approved. The proposed District is an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the County with its budget each year, but no County action is required. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. 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 unit of local government. By State law debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance The District plans to provide various community facilities and services to the property in the District, as outlined in Table 2 below. The District plans to fund, own, operate and maintain the public roads, the stormwater management system, the amenities, the irrigation, the signage, the landscaping, the lighting and the preserve. The District will fund and construct the water/wastewater systems then dedicate those systems to the County. 7 Table 2. Proposed Facilities and Services Improvement Funded By Ownership Operations & Maintenance Roadway Improvements CDD CDD CDD Stormwater Management CDD CDD CDD Potable Water CDD County County Sanitary Sewer CDD County County Irrigation CDD CDD CDD Signage CDD CDD CDD Lighting CDD CDD CDD Landscaping CDD CDD CDD Amenity Improvements CDD CDD CDD Preserve CDD CDD CDD Source: Developer The petitioner has estimated the costs for providing the capital facilities as outlined in Table 2 on the previous page, and these are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $4,680,000. To fund this construction program the District anticipates issuing Bonds estimated to total $5,820,000. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District’s proposed capital facilities and services as outlined in Table 2. Table 3. Summary of Estimated Capital Costs for Proposed Fronterra Community Development District Earthwork $480,328.00 Roadway Improvements $484,762.65 Drainage/Stormwater Management $954,591.70 Potable Water $265,675.40 Sanitary Sewer $892,925.00 Irrigation $199,315.00 Signage $100,000.00 Lighting $170,640.00 Landscaping $210,000.00 Amenities $250,000.00 Exotic Removal in Preserve $9,555.00 Soft Costs/Professional Fees $438,796.52 Contingency $222,829.46 =========== Total $4,679,418.73 Source: Peninsula Engineering, Inc. 8 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 assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District’s financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for Developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners’ association common to most master planned developments. Real estate markets are quite efficient, because buyers evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the debt service and operations and maintenance assessments must also be in line with the competition. Furthermore, purchasing real property in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District’s costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer bank loans. 9 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in Collier County. As of the 2010 Census, the unincorporated area of the County has an un-incarcerated population of 320,525. Therefore, the proposed District is not located in a County defined as a “small” (i.e.75,000 or less) according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer’s Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSTU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be largely sequestered to the land directly benefiting from them, as the case would be with the District. A District also is preferable from a government accountability perspective. With a District as proposed, landowners in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other County responsibilities. 10 Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (“POA”) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by governmental rules and regulations, much like a city or county. 8.0 In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. No alternatives to the proposed rule have been received. 11 Real Estate Econometrics, Inc. certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S. Below is a listing of some of the SERCs developed by Real Estate Econometrics, Inc. x Capital Region Community Development District x Cypress Shadows Community Development District x City Gate Community Development District x Twin Lakes Community Development District x One Daytona Community Development District 12 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 218.39 9 months after end of fiscal year. Annual Financial Report (AFR) 218.32 9 months after end of fiscal year or 45 days after audit is complete. Form 1 - Limited Financial Disclosure 112.3144 By July 1. Public Depositor 215.80 Once per year. Proposed Budget 190.008 On or before June 15th. Adopted Budget 190.008 Prior to October 1st. Public Facilities Report 189.08 Upon completion of construction of public facilities and updated annually (if changes) or every seven (7) years. Public Meetings Schedule 189.015 Beginning of fiscal year. Bond Report 218.38 Within 120 days of bond issuance. Registered Agent 189.014 30 Days after first board meeting. Disclosure of Public Financing 190.009 After financing. EXHIBIT 11 1 TESTIMONY OF DAVID GENSON, PETITIONER 1. Please state your name and business address. My name is David Genson. My business address is 2600 Golden Gate Parkway, Naples, Florida 34105. 2. By whom are you employed and in what capacity? I am employed by Peninsula Improvement Corporation as Vice President and Director of Land Development. 3. Please describe your duties in this position. My duties with Peninsula Improvement Corporation (PIC) include the management of PIC’s engineering group, Peninsula Engineering, management of PIC’s environmental services group, Collier Environmental Services, and management of PIC’s water and wastewater operations group. 4. Please describe your experience and credentials, including your current employment. I am a 1993 graduate from the University of Wisconsin-Milwaukee with a Bachelor of Science in Engineering, and graduated in 2003 from Florida Gulf Coast University with a Master of Business Administration. I am also a Registered Professional Engineer with the State of Florida. From 1993 to 1999, I was employed as a Project Engineer with engineering consulting companies, initially in Wisconsin, and then in Florida. From 1999 to 2003, I was employed as a Project Manager for Grey Oaks Development Corporation. From 2003 to 2010, I was employed as a Project Manager for PIC, and was primarily responsible for the management of all land development activities and utility plant construction associated with the development of the town of Ave Maria. From 2010 to present, I have been employed in my current position and capacity. 5. How long have you held this position? Six (6) years; however, my employment with PIC and PIC affiliated entities goes back to 1999. 6. Are you generally familiar with the geographic areas, type, and scope of development and the available services and facilities within the proposed Community Development District to be known as Fronterra Community Development District? Yes, I am familiar with the general area and the site specifically, as well as the scope of proposed services and facilities within the proposed district. 2 7. Please describe your involvement with the Petition for an Ordinance to Establish the Fronterra Community Development District (“Petition”)? I assisted in the preparation of the Petition and its accompanying exhibits, which were filed with Collier County on April 27, 2016, and supplemented on April 29, 2016 and July 25, 2016. 8. Have you reviewed the contents of the Petition? Yes. 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. 10. Are the contents of the Petition and Exhibits true and correct to the best of your knowledge? Yes, they are. 11. In response to this Petition, what action has Collier County taken? To date, the County has prepared and circulated a draft ordinance approving the establishment of the proposed district for review and comment. Additionally, the County has expressed that it intends to coordinate the preparation and publication of an advertisement relative to the hearing to establish the District, which advertisement shall be published once per week for four (4) consecutive weeks prior to the hearing. 12. Approximately how large is the land area proposed to be in the Fronterra CDD? The proposed district is located entirely within unincorporated Collier County, Florida and encompasses approximately 33.21 acres of land. 13. Who are the Owners of the proposed land to be included in the Fronterra CDD? The owner of the lands proposed to be included within the proposed district is BC Naples Investments, LLP. 14. Have the Owners Provided an Affidavit of Ownership and Consent to the Creation of the Fronterra CDD? Yes, the consent and joinder of establishment of the owners of one hundred (100%) percent of the lands to be included within the proposed district are attached to the Petition as Exhibit 3. 3 15. Does this conclude your testimony? Yes. 1 TESTIMONY OF DAVID HURST, ENGINEER 1. Please state your name and business address. My name is David Hurst. My business address is 2600 Golden Gate Parkway, Naples, Florida 34105. 2. By whom are you employed and in what capacity? I am employed by Peninsula Improvement Corp. (dba Peninsula Engineering) as a Project Manager. 3. And what is the nature of your firm’s business? Land development civil engineering, consulting and project management. 4. Please describe your experience and credentials, including your current employment. I have been a practicing Professional Engineer (P.E.) in SW Florida since 2004, with prior experience as an Engineer Intern (E.I.) from 1999 to 2004. Areas of practice include civil engineering consulting services for: surface water management systems, master planned community development, roadway and infrastructure improvements, as well as recreational, commercial and institutional development. Services include; site plan preparation and analysis, design, permitting and construction scheduling, as well as project management. 5. Please provide your professional background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from the University of Florida with a Bachelor of Science in Civil Engineering in 1999. 6. Do you hold any professional designations or certifications? I am a Florida licensed Professional Engineer, and a Green Building Coalition LEED AP. 7. Are you a member of any professional associations? Not at this time. 8. Prior to your current employment, by whom were you employed and in what position? 2 1999 – 2013, WilsonMiller/Stantec – employed as an entry level E.I. in Land Development. At the time of departure, I was a Senior Project Manager and Senior Associate of the firm. 2013 – 2014, South Florida Water Management District (SFWMD) – Section Leader – Water Use Division, Lower West Coast. 9. Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to community development districts (“CDDs”) and special districts? I have worked in various capacities for and with CDD’s and Special Districts within SW Florida. While never having held the title of District Engineer, I have worked directly under several District Engineer’s for CDD’s and Special Districts, such as Heritage Bay CDD, VeronaWalk CDD, Pelican Marsh CDD and the Pelican Bay Community Services District. Over the years, I have provided professional engineering services on special projects, as well as assisted in the preparation of budgets and schedules, and prepared funding requests with supporting documentation. 11. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes. 12. What has been your role with respect to the Petition to Establish (“Petition”) Fronterra Community Development District (“Fronterra CDD”)? I assisted the Petitioner with the preparation of certain of the exhibits filed with the Petition filed with Collier County (the “County”) on April 26, 2016, as supplemented on April 29, 2016 and July 25, 2016. Specifically, Exhibits 1, 2, 4, 5, 6, 7, 8, and 9 were prepared, partially or in their entirety, under my supervision. 13. Are you familiar with the Petition filed to establish Fronterra CDD? Yes, I am familiar with the Petition as I have assisted in its preparation, as discussed in more detail in Question #12 above. 14. Have you reviewed the contents of the Petition? Yes. 15. Are there any changes or corrections to the Petition at this time? 3 No. 16. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. 17. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within the Fronterra CDD? Yes, I am. 18. Please provide us with a brief description of Fronterra CDD boundaries and location? The proposed district is generally located south of I-75, west of Collier Boulevard (CR- 951), north of Davis Boulevard and east of Barot Drive in unincorporated Collier County, and contains approximately 33.21 acres. 19. Please describe Exhibit 1 (i.e., location map); Exhibit 2 (i.e., sketch and metes and bounds legal description of the boundaries of District0; and Exhibit 7 (i.e., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains, and the map of the existing infrastructure) of the Petition. Exhibit 1 is the map showing the general location of the proposed district. Exhibit 2 is the metes and bounds description of external boundaries of the proposed district. Composite Exhibit 7 consists of maps depicting the existing and proposed major trunk water mains, sewer connections, and drainage systems in and around the proposed district. 20. Are the contents of the Petition and exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with CDDs, civil engineering, real estate development, and the development of lands within Fronterra CDD in particular. 21. Based on your experience, do you have an opinion as to whether the proposed Fronterra CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? 4 Yes. 22. What is your opinion? Based on my experience, the proposed district is of sufficient size, compactness and contiguity to be developed as one functional interrelated community. 23. What is the basis for your opinion? For many reasons the proposed district facilities can be provided in an efficient, functional and integrated manner. First, there are sufficient, significant infrastructure needs for the area within the proposed district to allow development as a functionally interrelated community. Second, the specific design of the community allows infrastructure to be provided in a cost effective manner. The land included within the proposed district area is contiguous, which facilitates an efficient and effective planned development. Third, the provision of services and facilities through the use of one development plan provides a contiguous and homogenous method of providing services to lands throughout the proposed district. 24. Based on your experience, do you have an opinion as to whether Fronterra CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 25. What is your opinion and the basis for it? It is my opinion that the proposed district is the best available alternative for providing the proposed services and facilities to the land to be included within its boundaries. There would be three (3) alternatives to the establishment of the proposed district. First, the County could perhaps provide the selected facilities. The second and third alternatives would be for either the developer or a homeowners’ or property owners’ association to provide the infrastructure using private financing. By comparison of the alternatives referenced above, from a planning perspective, the proposed district is the best alternative available to provide the necessary infrastructure improvements. As a special-purpose “local government,” the proposed district is a stable, long-term public entity capable of constructing, maintaining and managing the proposed elements of infrastructure of the necessary facilities and services. The limited purpose and scope of the District, combined with the statutory safeguards in place, such as notice of public hearings and access to district records, would ensure that the proposed district is responsive to the infrastructure needs of the proposed district. The proposed district would be able to obtain low-cost financing to provide the necessary improvements and then impose special or non-ad valorem assessments upon the property owners within the District to fund the infrastructure. 5 Only a CDD allows for the independent financing, administration, operations and maintenance of the land within its boundaries. Only a CDD allows property owners, and eventually residents, to completely control the CDD board and, therefore, the timing and extent of infrastructure improvement and maintenance. Knowing when, where and how infrastructure will be needed to service the projected population of an area allows for the smooth delivery of those facilities. The proposed district exceeds other available alternatives by focusing attention to when, where and how the next system of infrastructure will be required for this specific area. This results in a full utilization of existing facilities before new facilities are constructed. It reduces the delivered cost to the citizens being served. All other alternatives do not have these characteristics. 26. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Fronterra CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 27. What is your opinion and the basis for it? It is my opinion that the proposed services and facilities of the proposed district will not be incompatible with the capacity and uses of existing local or regional community development services and facilities. Currently, none of the planned infrastructure improvements that the proposed district plans to provide exist on the subject property in a manner that is useful to the proposed development. Each of the elements of planned infrastructure necessary for the proposed district will connect into the County’s existing, surrounding infrastructure systems according to criteria, review and approval of the County. Accordingly, there will be no incompatibility issue. 28. Based on your experience, do you have an opinion as to whether the area to be included within Fronterra CDD is amenable to being served by a separate special district government? Yes. In my opinion, and to the best of my knowledge, the area identified in the Petition is amenable to being served by a separate special district government. 29. What is the basis for your opinion? The proposed district is limited in purpose and the infrastructure improvements to be provided by the proposed district are limited in scope. This infrastructure is expected to directly benefit the development and will be adequately served by a special district government. In addition, special district governance provides a mechanism whereby long-term maintenance obligations can be satisfied by the persons primarily using the facilities and services. 30. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(e)2., do you have an opinion as to whether the establishment of Fronterra 6 CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. 31. What is your opinion? It is my opinion that the establishment of the District is not inconsistent with any applicable element or portion of the state comprehensive plan. 32. What is the basis of your opinion? I have reviewed, from a planning and engineering perspective, applicable portions of the State Comprehensive Plan that relate to the establishment of a community development district. The State of Florida Comprehensive Plan, (Chapter 187, Florida Statutes), “provides long-range policy guidance for the orderly social, economic, and physical growth of the state.” The State Plan sets forth 25 subjects, goals, and numerous policies. Three subjects are particularly relevant, from a planning perspective, to the establishment of the District: No. 15- Land Use, No. 20- Governmental Efficiency, and No. 25- Plan Implementation. 33. What is Subject 15 and why is it relevant? This goal recognizes the importance of locating development in areas that have the resources, fiscal abilities and service capacity to accommodate growth. Community development districts are designed to provide services and facilities in a fiscally responsible manner to areas that can accommodate development. The proposed district will be a vehicle to provide a high quality of infrastructure facilities and services in an efficient and focused manner at sustained levels over the long term life of the community. 34. What is Subject 20 and why is it relevant? This goal recognizes the importance of Florida governments economically and efficiently providing the amount and quality of services required by the public. The establishment of the proposed district would economically and efficiently provide the infrastructure, facilities and services necessary for community development within its boundaries. 35. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving inter- governmental coordination and maximizing citizen involvement. The proposed district will operate through a separate and distinct Board of Supervisors (the “Board”) who will systematically plan the construction, operation and maintenance of public improvements 7 and community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and land development regulations. Further, meetings held by the Board are publicly advertised and open to the public. 36. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes. Subject 17, which addresses public facilities, is also relevant. The goal of Subject 17 is to finance new facilities in a timely, orderly and efficient manner. In particular, Policy 3 states that the cost of new public facilities should be allocated to existing and future residents on the basis of the benefits received. Policy 6 also encourages the identification and implementation of innovative but fiscally sound and cost-effective techniques for financing public facilities. Establishment of the proposed district will further this goal and related policies. 37. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of Fronterra CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 38. What is your opinion? It is my opinion that the establishment of the proposed district is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. My opinion is based upon years of experience reviewing the many Collier County Comprehensive Plans (including the current one), including for purposes of this project, and there not being any provisions that would render the establishment of a community development district inconsistent therewith. Furthermore, Chapter 190, Florida Statutes, prohibits a community development district from acting in a way that is inconsistent with the local government’s comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. 39. Does this conclude your testimony? Yes. BEFORE THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE:PETITION TO ESTABLISH THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT ------------------------------------------~/ AFFIDAVIT ADOPTING WRITTEN,PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I,G.Russell Weyer,President of Real Estate Econometrics,Inc.,a Florida corporation ("Affiant"),being duly sworn,do hereby state for my affidavit as follows: 1.I have personal knowledge of the matters set forth in this affidavit. 2.My name is G.Russell Weyer and I am President of Real Estate Econometrics,Inc.,a Florida corporation. 3.The prepared,written,pre-filed testimony,submitted under my name to Collier County relating to the establishment of the Fronterra Community Development District,and attached hereto,is true and correct. 4.If I were asked the questions contained in the pre-filed testimony orally at the Fronterra Community Development District establishment hearing,my oral answers would be the same as the written answers presented in my pre-filed testimony. 5.My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Fronterra Community Development District,the truth and accuracy of the Petition to establish the proposed District,and compliance with the factors to be considered in the establishment of a community development district. 1 Under penalties of perjury,I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this Z,{!!day Of----<--«1-+-<A•.....y+---,2016. SWORN TO and SUBSCRIBED before me by the Affiant,on this ~,day of ~c-.."),2016. lA'TERRI TAWORSKI Notary Public,State of Florida Commlsslonl FF 237241 My IlIlffifft:ftJIIt!l§~iIIy &,2911 Notary Public State of Florida ~\err:\~wC).<S~ Typed Name of Notary Public Personally Known _ Type Identification produced f-L D c-\~~Y~ 2 1 TESTIMONY OF RUSSELL WEYER, SERC AND DISTRICT MANAGEMENT CONSULTANT 1. Please state your name and business address. My name is G. Russell Weyer. My business address is 707 Orchid Drive, Suite 100, Naples, Florida 34102. 2. By whom are you employed and in what capacity? I am the President of Real Estate Econometrics, Inc. 3. And what is the nature of your firm’s business? Real Estate Econometrics, Inc. is a full-service consulting firm specializing in financial, economic and fiscal analysis and implementation for public and private entities. 4. Please describe your experience and credentials, including your current employment. I have been working in the real estate field for over 35 years in many capacities from the development and consulting sides. I currently manage two community development districts and I have personally managed three other CDDs while working for another company. In addition, I have provided and continue to provide assessment calculation services to more than 25 community development districts, counties and fire districts. I have also served on one community development district as a supervisor. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, institutions attended. I have a Bachelor of Arts in Communication from Michigan State University. Additionally, I received a Masters in Business Administration from the University of Miami, Coral Gables, Florida. 6. Do you hold any professional designations or certifications? I am an accredited public relations professional with the Florida Public Relations Association. 7. Are you a member of any professional association? I am a full member of the Urban Land Institute (“ULI”). ULI provides leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. ULI is an independent global nonprofit supported by members representing the entire spectrum of real estate development and land use disciplines. 2 I am also a member of the ULI Southwest Florida District Council Executive Committee and have served as chairman of this district council. In addition, I have been a member of the Public/Private Sector Gold Flight Product Council at the national level. 8. Prior to your current employment, by whom were you employed and in what position? I managed the Naples office of Fishkind & Associates, Inc., Orlando, Florida as a Senior Associate for almost 10 years. 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Regulatory Costs (“SERC”)? Yes, I have. 10. Have you ever been qualified as an expert in the preparation of such testimony regarding Community Development Districts? Yes, I have. 11. Please summarize your previous work experience relating to CDDs and special districts in general? I currently manage two community development districts and I have personally managed three other CDDs while working for another company. In addition, I have provided and continue to provide assessment calculation services to more than 25 community development districts, Florida counties and fire districts. I have also served on one community development district as a supervisor. 12. Where in Florida are the districts with which you have worked? Ave Maria Stewardship Community District, Naples, Florida Big Cypress Stewardship Community District, Naples, Florida Fiddler’s Creek Community Development District, Naples, Florida City Gate Community Development District, Naples, Florida Artesia Community Development District, Naples, Florida Hacienda Lakes Community Development District, Naples, Florida Fifth Avenue South Business Improvement District, Naples, Florida Tuscany Reserve Community Development District, Naples, Florida Cypress Shadows Community Development District, Estero, Florida Paseo Community Development District, Fort Myers, Florida Upper Captiva Fire/Rescue District, Captiva, Florida City of LaBelle Recreational Assessment, LaBelle, Florida Waterford Estates Community Development District, Punta Gorda, Florida Heritage Harbour South Community Development District, Bradenton, Florida Tidewater Reserve Community Development District, Bradenton, Florida 3 Toscana Community Development District, Sarasota, Florida Hillsborough County Dredging Assessment, Hillsborough County, Florida Downtown Doral Community Development District, Doral, Florida Islands at Doral Community Development District, Doral, Florida Monterra Community Development District, Cooper City, Florida Palace at Coral Gables Community Development District, Coral Gables, Florida Seminole Improvement District, Loxahatchee, Florida Martin County Dredging Assessment, Martin County, Florida One Daytona Community Development District, Daytona Beach, Florida Capital Community Development District, Tallahassee, Florida 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions and/or additions to) of CDDs and the operation and management of CDDs. Fiddler’s Creek Community Development - District Scrivener’s Error on Boundary Ave Maria Stewardship Community District - Bond Validation Hacienda Lakes Community Development District - Bond Validation Cypress Shadows Community Development District - Bond Validation City Gate Community Development District – Collier County Commission Meeting 14. Do you consider yourself and expert in economic analysis and forecasting in regard to CDDs? Yes. 15. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Fronterra CDD? Yes. 16. Are you familiar with the Petition filed to establish the Fronterra CDD? Yes. I have reviewed the Petition to Establish the Fronterra Community Development District which was filed with Collier County (the “County”) on April 27, 2016, along with its attached exhibits, and was supplemented on April 29, 2016 and July 25, 2016. 17. What has been your role with respect to the Petition to Establish (“Petition”) Fronterra Community Development District (“Fronterra CDD)? I prepared the Statement of Estimated Regulatory Costs, or SERC, in accordance with Section 120.541(2), Florida Statutes, which is a requirement for the establishment of community development districts. The SERC is attached to the Petition as Exhibit 10. 4 18. Please generally describe each of the exhibits attached to the Petition. Exhibit 1 is the map showing the general location of the proposed district. Exhibit 2 is the metes and bounds description of external boundaries of the proposed district. Exhibit 3 is the Landowner Consent and Joinder to Establishment executed by BC Naples Investments, LLP, which represents the consent of one hundred (100%) percent of the owners of the lands to be included within the proposed district. Exhibit 4 contains a map depicting the existing land uses within and abutting the proposed district. Exhibit 5 contains a map depicting future general distribution, location and extent of public and private land uses within the proposed district. Exhibit 6 contains a map depicting the proposed development plan for the lands within the proposed district. Composite Exhibit 7 consists of maps depicting the existing and proposed major trunk water mains, sewer connections, and drainage systems in and around the proposed district. Exhibit 8 provides a list of facilities the proposed district anticipates it will fund, construct and install. It also identifies the anticipated owner and entity responsible for ultimate maintenance. Exhibit 9 provides the estimated costs for constructing the proposed district improvements. Exhibit 10 is the Statement of Estimated Regulatory Costs required by Florida law. Exhibit 11 is the authorization of agent form which authorizes Jonathan T. Johnson to act as an agent for the Petitioner. 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. 5 20. Why is CCC Fronterra, LLC petitioning for an ordinance to establish the Fronterra CDD? There are hundreds of CDDs throughout the State of Florida. CDDs are an efficient and effective way to provide infrastructure and have become accepted in the marketplace of homebuyers. CDDs have the ability to assist in the streamlined and efficient maintenance and operation of infrastructure and services to developing communities. From my perspective, the establishment of a CDD is logical for this project. It provides a long-term, stable, financially-secure entity. The proposed district is a structured, formal entity with the legal ability to respond to future changes in the circumstances and desires of its residents. Under Florida law, the proposed district has access to the County’s tax collection mechanisms, which helps ensure that the district has the funding necessary to pay the costs of maintenance of the facilities. A CDD has the financial capability to assist in the provision of necessary capital improvements sooner than may otherwise be the case. The County, developers, builders and residents will all benefit from these improvements in terms of access, traffic flow, safety and general property enhancement. Additionally, a CDD is the entity preferred by many regulatory agencies, including many water management districts, to operate and maintain the stormwater management and other similar systems. This is because the CDD is a perpetual entity, operating in open meetings, with the financial ability to ensure that the maintenance of these important environmental facilities and amenities is accomplished. Given the nature of this project, in my opinion, a CDD is a logical, prudent, and desirable way to ensure this needed infrastructure is maintained which the Petitioner desires to utilize for providing community development within the boundary of the proposed district. Let me ask you a few questions about certain opinions you may have based on your experience in CDD management, real estate development and the development of lands within the Fronterra CDD in particular. 21. Based on your experience in CDD management, do you have an opinion as to whether the proposed Fronterra CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. From a management perspective, the area to be included within the proposed district is of sufficient size, compactness and is sufficiently contiguous to be developable as one functional, interrelated community. 6 22. What is the basis for your opinion? Local governments provide developments with the criteria for the elements of infrastructure to provide for the facilities and services, including stormwater drainage, water, sewer, and other facilities and services. Functional unification means that each provided facility and service has a mutual reinforcing relationship to one another, with each facility and service designed to contribute to the development and maintenance of the community as a whole. Each facility and service must meet the growth and development of the community, so a management capability and a funding source are required for each service and facility. Thus, each of these necessary facilities and services must be integrated, unified, and connected into a long-range plan. The lands to be included within the proposed district have sufficient significant infrastructure needs to be developable as a functionally interrelated community. This necessary infrastructure can be provided by the proposed district in a cost effective manner based upon the specific design of the community. Furthermore, the use of one development plan whose infrastructure is implemented by a CDD to provide the community services and facilities will ensure that the proposed improvements are provided and maintained in an efficient, functional and integrated manner. The purpose of this statutory requirement is to ensure successful and efficient delivery of services and facilities to the property. Based upon my previous experience with special districts, the proposed district is suitably configured to maximize the timely and cost efficient delivery of the necessary services and facilities. 23. Based on your experience, do you have an opinion as to whether Fronterra CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 24. What is your opinion and the basis for it? It is my opinion that the proposed district is the best alternative for delivering community services and facilities to the lands within the proposed district. There are three (3) other alternatives for providing the infrastructure for the necessary services and facilities besides the proposed district. The first alternative is for the County or another dependent special district to build the entire infrastructure. In this scenario, the County would be assuming a great deal of responsibility related to the oversight of the day-to-day construction, maintenance, and management of the proposed services and facilities and landowners of these lands. This would increase the burden on County staff, divert resources from other County developments and projects, and indirectly force the residents of the entire County to pay for these development improvements. 7 The second alternative is for a developer to provide the proposed improvements using private financing. However, this alternative does not provide any guarantee of a long- term, consistent entity to oversee construction, maintenance, and management of the proposed services and facilities. Also, a private landowner is not subject to the same statutory safeguards that the proposed district, as a public entity, would be subject to, such as public bidding on contracts and public access to meetings and documents. The third alternative is a property owners or homeowners association (“POA”). A POA is a long-term, stable entity that may be capable of providing the necessary maintenance of dedicated improvements. However a POA is not subject to the same statutory safeguards as the proposed district. Further, a POA cannot impose and collect its assessments in the same way as property taxes or special assessments levied by a community development district. By comparison to the three (3) alternatives discussed above, the proposed district is the best alternative available to provide for the management and maintenance of various infrastructure improvements. As a special-purpose local government, the proposed district is a stable, long-term public entity capable of maintaining, and managing the necessary infrastructure, facilities, and services. The limited purpose and scope of the proposed district, combined with the statutory safeguards in place, such as notice of public hearings and access to district records, would ensure that the proposed district is responsive to the infrastructure needs of the lands within its boundaries. The proposed district would be able to impose non-ad valorem assessments upon the property within its boundary to fund the cost of construction and/or acquisition, and maintenance of the infrastructure and related services. Of the three (3) alternatives discussed above, only a CDD allows for the independent financing, administration, operation and maintenance of the land within the District and allows District property owners to completely control the District Board and, therefore, the timing and extent of infrastructure development. 25. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Fronterra CDD will be compatible with the land uses and existing local and regional facilities and services? Yes. 26. What is your opinion and the basis for it? It is my opinion that the proposed services and facilities of the proposed district are not incompatible with the capacity and uses of existing local or regional community development services and facilities. 8 There is no duplication or overlap of facilities or services because no other entity or unit of government is presently funding or providing the improvements proposed by the Fronterra CDD. Furthermore, the proposed district is an efficient method to maintain and manage the necessary infrastructure improvements within the proposed district without overburdening the County government and its taxpayers. 27. Based on your experience, do you have an opinion as to whether the area to be included within the Fronterra CDD is amenable to being served by a separate special district government? Yes. It is my opinion that the proposed district is amenable to separate special district governance because it is of sufficient size, compactness and contiguity. Thus, the land area is well suited to the provision of the proposed services and facilities. 28. What is the basis for your opinion? Based upon my experience with other special districts of similar size and configuration, the area to be served by the proposed district is amenable to separate special district governance. As I have already stated, the area within the proposed district is of sufficient size, compactness, and contiguity to function as one interrelated community. The proposed district is also limited in purpose and the infrastructure improvements to be provided by the proposed district are limited in scope. For these reasons, the proposed district is a logical mechanism to oversee the construction and/or acquisition and maintenance of capital infrastructure improvements necessary for community development within its boundaries. Accordingly, the lands within the proposed district have sufficient infrastructure needs and maintenance obligations to warrant a separate special district government. Turning to the economic exhibits and opinions, we will begin addressing portion of the Petition to Establish the Fronterra CDD boundaries that relate to certain economic analysis matters, including the exhibits and your expert opinions on economic analysis issues. 29. Are you familiar with the S.E.R.C.? Yes. 30. How familiar? I prepared the SERC, attached to the Petition as Exhibit 10. 31. Are there any corrections required? No. 9 32. In general terms, please summarize the economic analysis you have presented in the SERC. Based on the information provided by the Petitioner and its consultants, I concluded that the establishment of the proposed district will have little or no adverse impact on affected persons or entities. Moreover, there will be little to no costs incurred by individuals and corporations located outside the boundaries of the proposed district, or any local governments, on account of the establishment of the proposed district. Property owners within the proposed district will be assessed to fund the construction and/or acquisition of district infrastructure. However, the special assessments/costs will not be in addition to normal development costs. Additionally, all of the potential property owners within the proposed district will buy land within its boundary voluntarily, with knowledge of the imposition of the special assessments. 33. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. The SERC I prepared addresses all the statutory requirements set forth in section 120.541(2), Florida Statutes. The analysis contained in the SERC is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. This methodology is commonly used in the industry and is appropriate in this circumstance given our experience with other special districts. 34. Does this conclude your testimony? Yes. 17.A.e NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold ' a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 3321 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such de'elopment consistent with principles of concurrency,comprehensive planning,and development permitting. On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the 0 "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's G consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether c Collier County will establish the Fronterra Community Development District by adoption of an ordinance. c L a A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance --i with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier co co County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. co r a Horseshoe Drive,Naples,Florida. r O) <D D All interested persons and affected units of general-purpose government shall be given an opportunity to appear at theco O hearing and present oral or written comments on the Petition. 47 c u, If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter G P considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a "a N verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to m o, be based. Q z , m If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are F. entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management � el Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two m (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County a) ,� Commissioner*Office. ar to at MINIM, N,,' d 'iz11 ® � c i-r moi,, c 6 ri CDD BOUNDARY LuCD t r E ni urr,aouurn l o ,C --lulu I U i.l vr5eivo +0 ITECOCATION , I . Q August 30,September 3,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30 and September 3,13&30,2016 ND-1233307 • Packet Pg. 1744 17.A.e • NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose Of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting. On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the o D "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's C.) a consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections 2 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the m co relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether " dCollier County will establish the Fronterra Community Development District by adoption of an ordinance. 2 ( U. m A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance .. with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier r m r° County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. o mm County, Drive,Naples,Florida: 1 co O1 All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the CO c hearing and present oral or written comments on the Petition. FA • p d If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter to considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a a To verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to 0 be based. so r :4 If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are N entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management m ro Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two Iii N (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County d Commissioners Office. _ F. .^: umua, _114 �'. O iiiiiii . U.• ^I c(; -IiE CDD BOUNDARY [f, d ururrmfi1 ihr _ U IA .ITE LOCATION I Q August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30,September 6,13&20,2016 • ND-1233307 . 1 Packet Pg. 1745 17.A.e NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida,The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of p concurrency,comprehensive planning,and development permitting. G U o On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's a; consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections fD 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the o relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether Collier County will establish the Fronterra Community Development District by adoption of an ordinance. co �p A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordance with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,Collier ca County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. %— co Horseshoe Drive,Naples,Florida. ' w All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the cn hearing and present oral or written comments on the Petition. co 2 C cu If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter . cu considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a < a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to ' E. be based. y If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are CO entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management m Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. • CJ • �" uuwun `! O LL y • ,ruin = P� }_ e Iii; WD BOUNDARY w t-4.11.141;17:: d` Q .".v..hgraruun ei .. ipso 1t `fI vts BM ITE I OCATION=. August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30,September 6,13&20,2016 ND-1233307 Packet Pg.1746 17.A.e NOTICE OF PUBLIC HEARING • NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners(the"Board")will hold a public hearing on September 27,2016,commencing at 9:00 a.m.in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community Development District to be known as the Fronterra Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes. The proposed District is comprised of approximately 33.21 acres and located entirely within Collier County,Florida,and generally located south of 1-75,west of Collier Blvd.(CR-951),north of David Blvd.and east of Barot Drive,as depicted on the map below. The proposed District,a special purpose government,is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described below,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting. 0 On April 27,2016,CCC Fronterra,LLC(the"Petitioner"),filed its petition to establish the proposed District(the U "Petition")to Collier County,along with the application-processing fee of$15,000 for review by the County. The Board's 2 consideration of the Petition will comply with Sections 190.005(2)(b)and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(2)(a)and(d)in conducting this hearing. The purpose of this hearing is to consider the m relationship of the petition to the six factors listed in Section 190.005(1)(e),Florida Statutes,and to determine whether 2 DCollier County will establish the Fronterra Community Development District by adoption of an ordinance. u_ A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in accordanceco CD LI with the requirements of Section 210.541,Florida Statutes,is available for review at the Office of the County Clerk,CollierCO al County,3299 Tamiami Trail East Suite 401,Naples,Florida and at the County Comprehensive Planning Section,2800 N. a vi Horseshoe Drive,Naples,Florida. cc CO mAll interested persons and affected units of general-purpose government shall be given an opportunity to appear at the 3 hearing and present oral or written comments on the Petition. p CO P If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter 11 NJ c considered at such meeting or hearing,he/she will need a record of that proceeding,and for such purpose to ensure that a m verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to Z be based. Tr N A If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are co Oentitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management y Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two rb (2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County as eZ Commissioners Office. r p N 4,s 0 L ,= 0 r.. .�.. I1IIIIIII, ® Imn lZ ogu- + - 1111 = unn _ • (1 m d 6 _ CAD BOUNDARY .. G • G _ 1 ill AAIIIGl1 u to a ITEhOCATION 7 August 30,September 6,September 13 and September 20,2016 Fronterra Community Development District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR DWIGHT E. BROCK, CLERK August 30,September 6,13&20,2016 ND-1233307 J Packet Pg. 1747