Agenda 11/15/2016 Item #17B 17.B
11/15/2016
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance establishing the Orange Blossom Groves Community
Development District(CDD)pursuant to Section 190.005,Florida Statutes.
OBJECTIVE: For the Board of County Commissioners(Board)to review and consider a petition for the
establishment of the"Orange Blossom Groves" Community Development District(CDD) by adoption of
an Ordinance.
BACKGROUND:The Orange Blossom Ranch Planned Unit Development (PUD), located in the Rural
Settlement Area District, as depicted in the Future Land Use Map (FLUM), was adopted on November
16, 2004,by Ordinance No. 2004-74,consisting of 616±acres. The PUD having sunset on November 16,
2007,was extended on December 11,2007 by Resolution No. 2004-352.
CONSIDERATIONS: On August 5, 2016, RP Orange Blossom Owners, LLC., a Delaware Limited
Liability Company, (Petitioner) filed a petition with the Growth Management Department, Zoning
Division, Comprehensive Planning, for the establishment of the "Orange Blossom Groves" CDD within
the Orange Blossom Ranch PUD. A mandatory$15,000 application fee was submitted with the petition.
The proposed District is located entirely within Collier County,Florida. The proposed District consists of
89.98+acres of land within the Orange Blossom Ranch PUD. The site is located in Section 24,Township
48 South, and Range 27 East. A map showing the location of the land area to be serviced by the District
appears as Exhibit "1B" to the petition. A metes and bounds description of the proposed CDD can be
found in Exhibit"lA" of the petition and as to the Ordinance establishing the CDD.
The proposed CDD includes an area planned for approximately two hundred, thirty five (235) residential
units and amenities serving the approved 1,600 residential units for in the Orange Blossom Ranch PUD.
As of the date of the first of four(4) 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 "Orange Blossom Groves" 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)(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, guardhouses, fences and gates, electronic intrusion-detection
systems, and patrol cars, when authorized by proper governmental agencies; 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 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
Packet Pg. 1872
17.B
11/15/2016
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
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 "Orange Blossom Groves"
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 r�
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 2,500 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 of County
Commissioners 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.
Packet Pg. 1873
1
17.B
11/15/2016
C6. Whether the area that will be served by the District is amenable to separate special-
? District government.
The Orange Blossom Ranch PUD is approved for development of up to 1,600 residential units on 616±
acres. The Orange Blossom Groves District encompasses 89.98± acres upon which the Petitioner has
represented that 235 residential units will be developed. Per the Petitioner, the entire CDD property is
currently owed by RP Orange Blossom Owner, LLC, a Delaware Limited Liability Company and located
in the southern portion(south side of Oil Well Road)of the PUD.
• By a separate petition, an additional request for the Orange Blossom Ranch Community
Development District (CDD), for 984 residential units on 219.79± acres is being
proposed for development in the northern portion (north side of Oil Well Road) of the
PUD.
The PUD for Orange Blossom Ranch includes 616±acres, of which 93±is an existing lake parcel owned
by Collier County. Additionally,there is a 40±acre commercial parcel owned by a separate entity(Bryan
Paul Trust), as well as existing residential component that has operation and maintenance entities that
were previously established. The existing residential was previously permitted as Phase 1A(north of Oil
Well Road) and consists of 93±acres and 244 units, and Phase 1B (south of Oil Well Road) consists of
72± acres and 137 units. The existing development and the portions of the PUD are controlled by
different entities, and the existing residential total equals 381 units and 298± acres on top of what is
requested for both CDDs.
The acreages listed for the CDDs matches the legal descriptions of both CDDs. Any areas outside of that
boundary are either controlled by different entities or part of the existing development with an established
c
' HOA, as described above. This should explain why the proposed CDD's does not encompass the entire
property of the PUD:
Existing Residential Ph. 1 244 resid'l units 93.00±acres
Existing Residential Ph.2 137 resid'1 units 72.00±acres
)) 2'5 r„.!,10l ui 3t
Plus parcel owned by CC *property+Lake 93.00±acres
Plus parcel owned by other *commercial 40.00+acres
Estimation of%of+1-acres of 8.23±acres
rounded acreages=
TOTAL Residential (w/PUD
1
Boundary)1,600 residential units
616.00±Acres
y
1.
County legal and planning staff have reviewed the petition and exhibits submitted by the Petitioners
relative to these six(6) factors and have found the proposed Orange Blossom Groves CDD petition to be
4 compliant with each of the six(6) review factors. Staff analysis relative to the six factors can be found in
Attachment 2.
i
FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit
Packet Pg. 1874
17.B
11/15/2016
"6" of the petition, "Statement of Estimated Regulatory Costs for "Orange Blossom Groves" 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 $9,587,119.27 consisting
of earthwork, utilities construction, construction of the water management system, construction of
landscape buffer/security facilities and design and permitting work.
DISTRICT RESPONSIBILITIES: According to the petition, the "Orange Blossom Groves" CDD, if
the Ordinance is adopted, will assume responsibility for the construction of the following: Earthwork,
Wastewater System, Water Supply System, Surface Water Management, Entrance Features, Fences &
Gates.
"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.
GROWTH MANAGEMENT IMPACT: The 89.98+ acres of the "Orange Blossom Groves" CDD lies
within the Rural Settlement Area District, 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, is approved as to
form and legality,and requires a majority vote for approval. - JAK
RECOMMENDATION: To adopt and enact the proposed Ordinance establishing the "Orange Blossom
Groves"Community Development District(CDD).
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning, Zoning Division, Growth
Management Department
ATTACHMENT(S)
1.ATTACHMENT 2- Six Factors_PL20160001935 OrangeBlossomGroves_CDD (PDF)
2.Proposed Ordinance-JAK signed(1) (PDF)
3.CDD Petition_Full Submittal_O.B.Groves (PDF)
4.OBGCDDPrefiled Testimonies ALL (PDF)
5.PL20160001935_OrangeBlossomGrovesCDD-Ad 1 (PDF)
6.PL20160001935_OrangeBlossomGrovesCDD Ad2 (PDF)
7.PL20160001935_OrangeBlossomGrovesCDD Ad-3 (PDF)
8.Legal Ad-Orange Blossom Groves CDD-ID 1967-Ad 4 (PDF)
Packet Pg. 1875
17.B
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Item Summary: Recommendation to adopt an Ordinance establishing the Orange Blossom
Groves Community Development District(CDD)pursuant to Section 190.005,Florida Statutes.
Meeting Date: 11/15/2016
Prepared by:
Title: Planner, Senior—Zoning
Name: Marcia Kendall
10/11/2016 7:23 AM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
10/11/2016 7:23 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 1:34 PM
Zoning Michael Bosi Additional Reviewer Completed 10/12/2016 4:47 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 3:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2016 4:36 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/18/2016 8:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:01 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
•
1
s"
1 Packet Pg. 1876
3
17.B.a
ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX(6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR ORANGE BLOSSOM GROVES CDD ;
0
L
0
Background: E
0
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
Commissioners to consider in determining whether to grant or deny a petition for the c
establishment of a CDD, as follows: p`
ti
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 Ni
comprehensive plan. >
3. Whether the area of land within the proposed district is of sufficient size, is 2
sufficiently compact, and is sufficiently contiguous to be developable as one o
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 c
incompatible with the capacity and uses of existing local and regional community o
cco
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
0
cV
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed Orange Blossom Groves Community LI
Development District:
u.
1. Whether all statements contained within the petition have been found to be true and
correct.
Zoning Division, Comprehensive Planning Section staff, along with the staff of the County
Attorney's Office, have reviewed the referenced Community Development District petition.
Based upon the review of the petition and sufficiency information, staff believes that the
information found within these documents is substantially true and correct.
;
40.
a,
E
0
1
Packet Pg. 1877
17.B.a
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 Orange Blossom Ranch Planned Unit Development (PUD) was originally approved by the o
Board of County Commissioners in 2004. After the PUD Sunset on November 16 2007, the 2
PUD was extended and approved on December 11, 2007 per Resolution #2007-352. As part of E
the approval process, the development was found to be consistent with the Growth Management N
Plan in effect at that time. The entire P.U.D. is designated within the Rural Settlement Area 0
District, of the Collier County Future Land Use Map. The proposed 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 Orange Blossom Ranch 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.
As to consistency with the State Comprehensive Plan, the County staff notes that the CDD yi
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated o
from the standard process, as established by the Statute. Section 187.201, Florida Statutes, is
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for o
Governmental Efficiency,which reads as follows: N
0
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
0
Policy 2 within this goal area reads as follows:
0
"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 N
while preventing the proliferation of independent special taxing districts which do not meet these
standards." T.
U
As an "independent special taxing district", the proposed CDD is consistent with the Stateu.
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.
U
The proposed Orange Blossom Groves Community Development District (CDD), if approved,
would be the smallest in size range of other CDDs within Collier County. Currently, the smallest
CDD is the Pine Air Lakes CDD comprised of approximately 149.9 acres. However,based upon a)
previous experience and the subsequent success of other Collier County CDDs, Comprehensive
Planning Section staff believes that the Orange Blossom Groves Community Development
District meets the above criteria, and including the requirements of Chapter 190.005(2)(a-f) F.S.
2
Packet Pg. 1873
17.B.a
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. a
As noted within Exhibit 6 — Statement of Regulatory Costs, of the CDD petition there are
numerous alternatives available for therovision of infrastructure and services byand for an °
p
cry
approved development. These include, but are not limited to the following: private funding E
procured by the developer; establishment of a homeowners association; establishment of a
0
Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit °
(MSBU); establishment of a Community Improvement District(limited to drainage and irrigation
related improvements); establishment of a County-managed special purpose district; or, direct
ca
County management. All of these alternative options have various legal, financial or other p`
limitations on their operations or do not provide a focused, compact approach to the provision of
infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the
best alternative available for delivering community development services and facilities to the
area that will be served by the proposed district.
U
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. o
The proposed CDD cannot develop any facilities and services that are incompatible with the °
m
surrounding area. This is because the CDD's sole purpose is to implement conditions and a)
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 o
development that would be inconsistent with its existing development approvals.
0
6. Whether the area that will be served by the district is amenable to separate special- a
district government. o
Based upon staff findings concerning the previous five criteria, Comprehensive Planning Section L!
staff finds that the subject area for the proposed CDD is amenable to special district government.
Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as
contained in Attachment 1, establishing the Orange Blossom Groves Community Development
District(CDD).
N
N
z
W
2
I
U
I—
d
E
0
fSi
a.+
Q
3
Packet Pg. 1879
17.B.b
ORDINANCE NO.2016 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 89.98 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT; o
PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD y
MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING
FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT;
PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR o
PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 2
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,RP Orange Blossom Owner, LLC, a Delaware limited liability company has
petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political
subdivision of the State of Florida, to establish the ORANGE BLOSSOM GROVES
COMMUNITY DEVELOPMENT DISTRICT (District); and -15
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
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c),Florida Statutes:
1. The petition is complete and meets the requirements of Section 190.005, Florida 0
Statutes,and all statements contained within the petition are true and correct.
0
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.
E
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-01592/1285979/1 1
Packet Pg. 1880
17.B.b
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
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all a)
development of the land within a community development district. Community development
0
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. Y
WHEREAS,pursuant to Section 190.012 (2)(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 without
O
question as to the continued right, authority and power to exercise its limited powers as a
established by this Ordinance.
2
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-01592/1285979/1 2
Packet Pg. 1881
17.B.b
SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM GROVES
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Groves 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:
tn
1. Mark Taylor 2. Jim Reinders
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples, FL 34103 Naples, FL 34103 0`
ti
3. Brian O'Donnell 4. Ken Bloom
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples,FL 34103 Naples,FL 34103
.05
5. Karen Welks
3066 Tamiami Trail North,
Suite 201
Naples,FL 34103
SECTION FOUR: DISTRICT NAME 0
� a
0
The community development district herein established shall henceforth be known as the o
2
"Orange Blossom Groves Community Development District." a.
a)
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
4o
4-
The Orange Blossom Groves Community Development District shall be governed by the
provisions of Chapter 190,Florida Statutes, and all other applicable general and local law.
[16-CPS-01592/1285979/1 3
Packet Pg. 1882
17.B.b
SECTION SIX: CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Orange Blossom Groves 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 forth in Section 190.012(2)(d), Florida Statutes,to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and 0
facilities for Security, including, but not limited to, guardhouses, fences and gates, electronic >
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; to
E
except that the district may not exercise any police power, but may contract with the appropriate N
local general-purpose government agencies for an increased level of such services within the
District boundaries.
OL
SECTION SEVEN: PETITIONER'S COMMITMENTS �-
Oi
The adoption of this Ordinance is predicated upon the material inducements contained in
T
the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (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. 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.
0
a
SECTION EIGHT: CONFLICT AND SEVERABILITY a
In the event this Ordinance conflicts with any other ordinance of Collier County or other
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.
[16-CPS-01592/1285979/1 4
Packet Pg. 1883
17.B.b
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.
SECTION TEN: EFFECTIVE DATE
y
This Ordinance shall become effective upon filing with the Florida Department of State. o
VC
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier y
0
County,Florida,this day of ,2016.
ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Ca, By: By:
,Deputy Clerk DONNA FIALA, CHAIRMAN Y
App f'vei, • form and legality:
ise
Jeffrey . ; atzkow
Coun 'A .,. ey
[16-CPS-01592/1285979/1 5
Packet Pg. 1884
17.B.b
arraco
www.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
EXHIBIT"A"
DESCRIPTION
Parcel in
Section 24,Township 48 South,Range 27 East and
Section 19,Township 48 South,Range 28 East,
Collier County,Florida
A tract or parcel of land lying in Section 24,Township 48 South,Range 27 East and Section 19,Township 48 v
South, Range 28 East, Collier County, Florida said tract or parcel of land being more particularly described
as follows: 0
a>
0
Beginning at the Northwest Corner of Tract "C" of the record plat of "ORANGE BLOSSOM Lf
RANCH PHASE 1B"as recorded in Plat Book 45,Page 67,of the Public Records of Collier County E
Florida, run along the Westerly and Southerly line of said record plat the following twenty-two 0
(22) courses: Soi°08'55"E for 49.76 feet to a point on a non-tangent curve; Southerly along an o
0
arc of a curve to the right of radius 208.00 feet(delta 62°28'11") (chord bearing Sit°00'14"W) 00
(chord 215.72 feet) for 226.78 feet to a point of reverse curvature; Southerly along an arc of a &
curve to the left of radius 145.00 feet (delta 42°42'4o") (chord bearing Seo°53'oo"W) (chord g
105.60 feet)for 108.09 feet to a point of tangency;Soo°28'2o"E for 411.78 feet; S89°31'40"W for O
140.0o feet; Soo°28'20"E for 204.45 feet; N89°31'40"E for 26.94 feet; Soo°28'2o"E for 140.00 --
feet; '
'
8'
Soo°4o3W for 135.03 feet;N89°3140"E for 2 ° co
99.00 feet; Noo 28 20 W for 250.00 feet; a)
N89°3140E for 45.0o feet; Soo°28'20"E for 250.0o N8
5 feet; 9 3140 E for 446.11 feet to a point ,-
�,
of curvature; Easterly along an arc of a curve to the right of radius 262.5o feet(delta 36°22'17")
(chord bearing S72°17'12"E) (chord 163.85 feet) for 166.63 feet; S7o°19'oo"E for 354.38 feet;
S68°57'5o"E for 185.00 feet; N21 0210E for 30.99 feet; S68°57'50"E for 368.98 feet to a point c
of curvature; Easterly along an arc of a curve to the left of radius 145.0o feet(delta 53°52'5o") 0'
(chord bearing N84°05'45"E) (chord 131.39 feet)for 136.36 feet to a point of reverse curvature;
Easterly along an arc of a curve to the right of radius 208.00 feet (delta loo°04'18") (chord
bearing S72°48'31"E) (chord 318.84 feet) for 363.29 feet and N89°31'46'E for 26.07 feet to an
intersection with the West right of way line of the North Golden Gate Canal, (8o'wide right of c°',
way),as shown on the record plats of North Golden Gate Units 4 thru 7;thence run Soo°30'08"E m
along said West line right of way line for 1,007.41 feet;thence run S89°30'45"W for 400.90 feet; c
thence run N58°31'3o"W for 1,010.00 feet;thence run N88°17'o2'W for 645.91 feet; thence run CiCi
S81°45'30"W for 230.0o feet;thence run N47°o5'10"W for 686.83 feet;thence run N31°29'30"W
for 300.00 feet; thence run N5o°28'29"W for 630.00 feet; thence run.N39°58'30"W for 255.0o vii
feet; thence run Noo°24'23"W for 825.0o feet to an intersection with the South right of way line 0.
of Oil Well Road,(County Road 858),(200'wide right of way),as described in a deed recorded in
Official Records Book 4279,at Page 1221,Collier County Records,also being the South line of the °-
North 75 feet of said Section 24; thence run along said South right of way line the following two c
(2) courses: N89°35'37"E for 750.16 feet and N88°5o'o5"E for 609.19 feet to the POINT OF E
BEGINNING. c
Containing 89.98 acres,more or less. 0
.,
Bearings hereinabove mentioned are State Plane for the Florida East Zone(1983/NSRS 2007)and are based a
on the North line of Northeast Quarter(NE 1/4)of Section 24 to bear N88°50'05"E.
Scott A.Wheeler(For The Firm)
Professional Surveyor and Mapper
L:\2320-Orange Blossom Ronto\Surveying\Description\23215SKILdoc Florida Certificate No.5949
Post Office Drawer 2800•Fort Myers,FL 33902
Phone(239)461-317o•Fax(239)461-3169
1 OF 2
Packet Pg. 1885
17.B.b Al
0
0
0
w
as
O
N88'50'05 E 60M9' BEGIN NG War...dac 0
N89.35'37E 750.18' y" E
Ne7•arn571fa1C orprzs v. w ••�_4 0
B 18
N -0J! -1-- ) RAoO-Section --"°�'''° Road- , o
—�..-- Wall -- s 2Maa+�
��-A-------"��_ "` ? m
WE — n =� Sed1un31r,;;g - _ r
Jam' ° ' i 7� d
SOP 0855"E(49.76' /' :WedFineIM_._.I I I-rT-24-. 9r 3 ORANG1 w
12408.00%12162°281.0r� ''Lle22678' :c�/i ��-{ `-,- _NQS i5-._.1 L-714-----f_L .'` 'u BLOSSOM c
0 2!0 S00 c; CN4tt°00Y4 Ra7W72' ,i /:. •.i,.t---\ t - 1---I i--fi rr- 2; o R
w � R2145.00'404242'40"L=108.09' ( ,h'\ U)•arsge Blossom Ranch Phase l t3"-?� 7� GROVE L
r-- 14 0
.o cl,ms2o's3roo"wto66o' �;�" I�; .(�.la`;(5,��r.r;? t�.L.R.) L.D.D. ..
x 500•2820%.41178' a ' _ !!3-.-. _-1-._:: -J(--! —^i 4
S89°31'40 140.00' �ai� �_J i {:s - �(°—� j 1 I to
S00'2870"E�2o445' N89'31'40'E..t el.:I` ,=: ._.:. r _ ;:--_u I r r'. y &MM:
r..-,•r- 45.00' f
NB 1/4_y p '`1 Row 27 East r.e �•,�
AREA=891 Ac. ---- . �-__; . . •' j�'
NOTES: 265.00' N8911'40E 26.94' ..1 - ' I I :..iTrt-_... )l ` I2, ' s�..,s, T
ALLD/STANCES SNDWNARE INFEETAND DECIMALS N39°5630"W S00'2870"€140.00' ~_-�`' •.•/ „ �' ro".,ry ge Mouth
4-,L s96°287.o a X56.66'' /, L--4--e.4.11-141- �f= Ra
THEREOF. 135.03' .,7.,,• N89°3140E •,-,1" -'-•1-4''-%/ 1 1 7- :.J F.:4 ' i c.Riac a.Fml d
D.E•DENOTES DRAINAGE EASEMENT. S00'48103"W 8� �-. l1l`� '`'` 4 _
1 LE•DENOTES 1RARitTION EASELEM. NR'I/4 our 0°7.8 /-..' ,;:.1/&`, j ',--(-- I_, ( a)
, LIE•DENOTESIANOSCAPEBUffERE1SEMEM. �' 299.00' Jf,4 f�✓/ I.� 'L: -x' `r:.S= •N
S LME•DENOTES IAAEMNNTENAMCEEASEMEM. N89'31'40"E 1226250' r,...-F..Is- - =I.....,
a OR•DENOIESOFRGN.RECORD 8001(COIUER N00'2870"W 250A' L@16663' ! t .`+a `.\.�./ ..
COMM RECORDS. N31°2930"W 300.00' [I Q
T 111•DENOTES PUT. ■ ^+^^^•"''
a P.B.•DENOTESKAMM CB=S72°17'f2E $a�, +�'�b o � -
I PI.OENOTESPAGE CD=163.85' ''r hes OSA'% . _(_; ;I..;
70. P.UE.-DENOTES PO&1CU721TYEASEAIENI. �PyO'r>� y et 114ky 710 i'. 3" v.T-----.e v
11. DUEEASEEN.-DE TES ORANGE TREE MUTT COMPANY p
12 REARNSSAS SHOWN ARE STATE RANERORIDA `J�trS^ 6V� .n ....:J. lb
EASTZONE(NADNIMNSRS20WJ)ARE BASED ON �A W Y =
1HENORTHUNEOF THE NORTHE{STOWRTER(NE N86°17'02"W 4A4`c. 4.A A tl 02a 1'1-1- •5 'FI w-F.
O RiPF CTION24,TOREARN82•SOGS•E \ 645.91' 4. ,{!_n �AA ei.2 yi >' eN ....a. 0
13. DESCRIPTION IS ATTACHED. ,S81°4570"W 230.00' �'.Tj �+V ted' ~ 'I I 0
THIS IS NOTA SURVEY31
� '”' i �' -13
--- Y60, t
N
SW U* 1/4 Sedan Lbw
eye,
1 ( •••••�• Q
SS L4
569°30'45W 400.90' 'y I I: Mere O
SCOTIA.WHEELER(FOR THE FIRM•LB-6940) DATE SIGNED: Section 24 '` `'
PROFESSIONAL SURVEYOR AND MAPPER Q.
FLORIDA CERi1FICATEN0.5919 Township 48 South,Range 27East � 3 ACCOMPANY
y a.
ACCOMPANY ,Od
NOT VAUD AVRHOUT 7HE SIGNANREAND THE ORIGINAL
V$ C
RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER, _;,,,..,,�----
.,... 20F2 E
4)
v
V.
w
Q
Packet Pg. 1886
UM sanoa9 wossols of ueiCs : L961,) sanoio' O lel;iwgns Ilnd—uo!med 000 :}uawt1oe}W ti
L
m
r
N:
r th
a
15
V
ca
a1
PETITION BY
RP ORANGE BLOSSOM OWNER, LLC
FOR THE
ESTABLISHMENT OF THE
ORANGE BLOSSOM GROVES
COMMUNITY DEVELOPMENT DISTRICT
IN
COLLIER COUNTY, FLORIDA
JULY 12, 2016
41/
Qcii
'
(coo saAwo wossolg a6uea® : L961-) seAoac}•9.0lenRugng flni-uos1Red aao luauayou;ly co
co
m
ti th
d 9
1
o
oz
PETITION FOR ESTABLISHMENT OF THE ORANGE BLOSSOM a
i
GROVES COMMUNITY DEVELOPMENT DISTRICT 1
i
s
i
TABLE OF CON TENTS
I
1
oPetition for establishment of the Orange Blossom Groves Community
Development District i
j
Exhibit 1A Legal description of the Orange Blossom Groves Community Development
District
a
Exhibit 1B Location map of the Orange Blossom Groves Community Development
District
Exhibit 2 Consent of Landowners to the Establishment of the Orange Blossom Groves
Community Development District
Exhibit 3 Map of the Orange Blossom Groves Community Development District
showing current major trunk water mains and sewer interceptors and outfalls
`mow."'
Exhibit 4A Estimated infrastructure construction time table
Exhibit 4B Construction cost estimates ?
Exhibit 5 Future Land Use Map 1
Exhibit 6 Statement of Estimated Regulatory Costs
i
Exhibit 7 Proposed Ordinance 1
1
1
1
j
i
1
s
i
1
i
3
9999}}I
i
, ,1
1
1
w w.
(aao sem:LD wosso1s a6ueap : L960 sanoIO'EFO le;;luagns Ilnd—uol;I;ad aao a,
oo
OD
a
PETITION FOR ESTABLISHMENT OF THE ORANGE BLOSSOM GROVES c.
COMMUNITY DEVELOPMENT DISTRICT
CO)
at
II
11
(aoa sanoao wosso1g aBuea® : L960 senoao.S p iellivagns OOndTuoalilad a J3 :luauat{3e1W c
c
m
a
o
ra
BEFORE THE BOARD OF COUNTY COMMISSIONERS a
OF COLLIER COUNTY,FLORIDA
IN RE: AN ORDINANCE TO ESTABLISH )
THE ORANGE BLOSSOM GROVES )
COMMUNITY DEVELOPMENT DISTRICT )
PETITION
RP Orange Blossom Owner,LLC, a Delaware Limited Liability Company (the "Petitioner"),
hereby petitions the Board of County Commissioners of Collier County, Florida pursuant to the
"Uniform Community Development District Act of 1980",Chapter 190,Florida Statutes (the "Act")
to adopt an ordinance establishing a Community Development District (the "District") on the
property described herein. In support of the Petition,Petitioner states:
1. The proposed District is located entirely within the boundaries of unincorporated
Collier County, Florida and covers approximately 89.98 +/- acres of land. Exhibit 1A provides the
legal description of the external boundaries of the District. As illustrated in Exhibit 1B, the real
property within the boundaries of the proposed District is generally located south of Oil Well Road
and east of Valencia Golf& Country Club. There is no real property within the proposed external
boundaries of the District that is excluded from the District.
2. Attached to this Petition as Exhibit 2 and made a part hereof is the written consent
form to the establishment of the District by the owner of 100% of the real property to be included
in the District.
3. The five persons designated to serve as initial members of the Board of Supervisors
of the proposed District are as follows:
1. Mark Taylor 2. Jim Reinders
3066 Tamiami Trail North., 3066 Tamiami Trail North.,
Suite 201 Suite 201
Naples,FL 34103 Naples,FL 34103
3. Brian O'Donnell 4. Ken Bloom
3066 Tamiami Trail North., 3066 Tamiami Trail North.,
Suite 201 Suite 201
Naples,FL 34103 Naples,FL 34103
5. Karen Welks
3066 Tamiami Trail North.,
Suite 201
Naples,FL 34103
All of the initial supervisors are residents of the State of Florida and citizens of the United States of
CAmerica.
1
(aao sanoicj wossoee aCueao : L961,) sanwe.g.O [elI!u-eoinS Iind-uo!Mod oao :luauayaefl f
00 co
ti
°'
a
r
a>
V
f0
aI
4. The proposed name of the District to be established is Orange Blossom Groves
Community Development District(the "District").
5. Exhibit 3 is the map of the District showing existing major trunk water mains and
sewer interceptors and outfalls.
6. The proposed timetable for the construction of the proposed improvements is
shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is
shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and are
not binding on the Petitioner or the District and are subject to change.
7. The proposed future general distribution, location, and extent of the public and
private land uses within the District, as designated on the current Collier County Future Land Use
Map is also attached hereto and incorporated with this Petition as Exhibit 5. The land within the
proposed District is anticipated to be developed with a total of 235 residential dwelling units,
although development plans are preliminary and subject to change. The Petitioner intends that the
District will finance storm water management, water, sewer and landscape buffer/security
(collectively, the "Public Improvements"). Upon completion, the water and sewer improvements
may be owned by the District or dedicated to either Orange Tree Utilities or Collier County for
ownership,operation and maintenance.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541,Florida Statutes.
IF
9. Exhibit 7 is a proposed form of ordinance to establish the Orange Blossom Groves
Community Development District.
10. The landowner listed in Exhibit 2 owns 100% of the real property to be included in
the proposed District. Copies of all correspondence and official notices should be sent to: (1) Carl
A. Barraco, c/o Barraco and Associates, Inc., Post Office Drawer 2800, Fort Myers, FL 33902, Ph.
(239) 461-3170; and also, (3) Craig A. Wrathell, c/o Wrathell, Hunt and Associates, LLC, 2300
Glades Road,Suite 410W,Boca Raton,FL 33431,Ph. (561) 571-0010.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the effective Collier
County Comprehensive Plan, as amended or any applicable elements or portions of the state
comprehensive plan.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
111;
2
(aao sanoao wossola a6ueao : L961-) sanoa9 oale}4.!wgns IlnA�uo!l!lad 003 :luauya
aell�{
U a>
m
ti
a
ru
V
f6
(d) The proposed District will be the best alternative available for delivering community ri
development services to the area to be served because(i) the District provides a governmental entity 3
responsible for delivering those services and facilities in a manner that does not financially impact
persons residing outside the District, (ii) the Act authorizes a community development district to
acquire infrastructure improvements previously constructed by qualified developers within the
District or allows for a community development district to, in the first instance, construct such
infrastructure improvements, (iii) the timing for the establishment of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction and
acquisition of such infrastructure improvements which results in direct benefit to the landowners
within the District, (iv) establishment of a community development district in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use of resources as
well as providing the opportunity for new growth to pay for itself, and (v) establishment of the
District will provide a perpetual entity capable of making reasonable provisions for the operation
and maintenance of many of the District services and facilities.
12. Petitioner hereby requests that the County consents to the proposed District having
the rights to exercise the powers provided in Section 190.012 (2)(d),Florida Statutes.
13. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to real
property to be undertaken by the District as required by Section 190.009 and Section 190.048,
Florida Statutes,as amended.
r
[Remainder of page intentionally left blank]
pp
i
s
9
1
A
3
i
' C
3
(am sanoao wossoie a6ueiO L961.) sano.19.e.o Iewwgng Iing—uoip ad CUM 4uawyoe;qty v.,
m co
N T
th
a
U
co
WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of a
Collier County,Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Orange Blossom Groves Community Development District;
Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Orange Blossom Groves Community Development District;
Consent to the exercise of special powers and grant the Board of Supervisors of the Orange
Blossom Groves Community Development District the special powers as set forth in Sections
190.012 (2)(a) and 190.012(2)(d),Florida Statutes.
Respectfully submitted this_day of June,2016.
RP Orange Blossom Owner,LLC,
a Delaware Limited Liability Company,as Petitioner
By:
Ron Hoyl as its Vice President
Subscribed and sworn to before me this I -�day of mte,2016 by Ron Hoyl,a Vice President of RP
Orange Blossom Owner, LLC, a Delaware Limited Liability Company, who personally appeared
before me,produced driver's license or is person z-krrown to me.ift
Notary: I'
�. ,. ...r.,_:..,_ ._.. _............., Print Name: M,f. a'J t&
es,Plk M.K.BEAVANS Notary Public,State of•Plerit ' . '
* , - * NOTARY PUBLIC i My Commission Expires: '311:1 J r�'
fk STATE OF TEXAS
1'). 0r,c.-5 MY COMM.EXP.03/27/19
4
(ciao senoao wosso!g e6unJO : L960 seAcoo-s•c!el;!wgng IEn j—uo!Mod GOO :;uewyoefV rn
0 0)
m co
ha)
a.
To'
0
c0
AFFIDAVIT OF PETITIONER a
STATE OF 1- A-5 )
COUNTY OF D A.'L A-' )
On this day of jinrre,2016,personally appeared before me,an officer duly authorized
to administer oaths and take acknowledgments,Ron Hoyl,who,after being duly sworn,deposes and
says:
1. Affiant, Ron Hoyl, an individual, is a Vice President of RP Orange Blossom Owner,
LLC,a Delaware Limited Liability Company;
2. Affiant, hereby swears and affirms as individual and as a Vice President of RP Orange
Blossom Owner, LLC, that all information contained in the petition to establish the
Orange Blossom Groves Community Development District is true and correct to the
best knowledge and belief of the Affiant.
i
7
I
FURTHER,AFFIANT SAYETH NOT.
I
I RP Orange Blossom Owner,LLC,
a Delaware Limited Liability Company,as Petitioner
C
By:
Ron Hoyl as its Vice President
Subscribed and sworn to before me this I Z- y of ,2016 by Ron Iioyl,a Vice President of RP
Orange Blossom Owner, LLC, a Delaware L'..' . any, who personally appeared
before me,produced driver's license personally known to me
r
Notary: 6
' ''''`"'. _'RIP K� Print Name: /I•' ) -t eLo�--s
1 i is {•ueu„, ANS 1
( , NOTARY PUBLIC Notary Public,State of '1 C
*
1 f STATE OF TEXAS My Commission Expires: 3 Z-7 j
'>)Io� @ MY COMM.EXP.03127/19
1
t
i
1
i
i
5 C5
9„
ti
1
(aaa seA0.19 wossole aBue.so 2.96 ) sancoo'sell!wqnS tind—uo!Med 003 :luawilioellti
co
th
0
0-
EXHIBIT 1A IL I
LEGAL DESCRIPTION OF THE ORANGE BLOSSOM GROVES COMMUNITY
DEVELOPMENT DISTRICT
4111114,
AAR*
(on sanoij wossois a6ueio : L961.) sanoa0•S•p le;;iwgns Ha uo fi;eJ Gap :;uawyoefd rn
aa)
00
h: th
r
arr a c o www.barraco.net aa
and Associates, Inc. Civil Engineers,Land Surveyors and Planners 0
ca
EXHIBIT"A" a.
DESCRIPTION
Parcel in
Section 24,Township 48 South,Range 27 East and
Section 19,Township 48 South,Range 28 East,
Collier County,Florida
A tract or parcel of land lying in Section 24,Township 48 South,Range 27 East and Section 19,Township 48
South, Range 28 East, Collier County, Florida said tract or parcel of land being more particularly described
as follows:
Beginning at the Northwest Corner of Tract "C" of the record plat of "ORANGE BLOSSOM
RANCH PHASE iB"as recorded in Plat Book 45,Page 67,of the Public Records of Collier County
Florida, run along the Westerly and Southerly line of said record plat the following twenty-two
(22) courses: Sol°08'55"E for 49.76 feet to a point on a non-tangent curve; Southerly along an
arc of a curve to the right of radius 208.00 feet (delta 62°28'11") (chord bearing Sii°00'14"W)
(chord 215.72 feet) for 226.78 feet to a point of reverse curvature; Southerly along an arc of a
curve to the left of radius 145.00 feet (delta 42°42'40") (chord bearing Seo°53'oo"W) (chord
105.60 feet)for 108.09 feet to a point of tangency;Soo°28'2o"E for 411.78 feet; S89°31'40"W for
140.00 feet; Soo°28'20"E for 204.45 feet; N89°31'40"E for 26.94 feet; Soo°28'20"E for 140.0o
feet; Soo°48'03"W for 135.03 feet; N89°31'40"E for 299.00 feet; Noo°28'2o"W for 250.00 feet;
N89°31'40"E for 45.0o feet; Soo°28'20"E for 250.00 feet;N89°31'40"E for 446.11 feet to a point
of curvature; Easterly along an arc of a curve to the right of radius 262.50 feet(delta 36°22'17")
(chord bearing S72°17'12"E) (chord 163.85 feet) for 166.63 feet; S7o°19'00"E for 354.38 feet;
u
S68°57 5o E for 185.00 feet; N21°02'1011 for 30.99 feet;S68o 57r 5o"E for 368.98 feet to a point
of curvature; Easterly along an arc of a curve to the left of radius 145.0o feet (delta 53°52'50")
(chord bearing N84°05'45"E) (chord 131.39 feet)for 136.36 feet to a point of reverse curvature;
Easterly along an arc of a curve to the right of radius 208.00 feet (delta 100°04'18") (chord
bearing S72°48'31"E) (chord 318.84 feet) for 363.29 feet and N89°31'46"E for 26.07 feet to an
intersection with the West right of way line of the North Golden Gate Canal, (8o'wide right of
way),as shown on the record plats of North Golden Gate Units 4 thru 7;thence run Soo°30'08"E
along said West line right of way line for 1,007.41 feet; thence run S89°30'45"W for 400.90 feet;
thence run N58°31'30"W for 1,010.00 feet; thence run N88°17'02"W for 645.91 feet; thence run
S81°45'30"W for 230.00 feet;thence run N47°05'10"W for 686.83 feet;thence run N31°29'3o"W
for 300.00 feet; thence run N5o°28'29"W for 630.00 feet; thence run N39°58'30"W for 255.00
feet;thence run Noo°24'23"W for 825.00 feet to an intersection with the South right of way line
of Oil Well Road, (County Road 858), (200'wide right of way),as described in a deed recorded in
Official Records Book 4279,at Page 1221,Collier County Records,also being the South line of the
North 75 feet of said Section 24; thence run along said South right of way line the following two
(2) courses: N89°35'37"E for 750.16 feet and N88°50'05"E for 609.19 feet to the POINT OF
BEGINNING.
Containing 89.98 acres,more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone(1983/NSRS 2007) and are based
on the North line of Northeast Quarter(NE 1/4)of Section 24 to bear N88°50'05"E.
Scott A.Wheeler(For The Firm)
Professional Surveyor and Mapper
Florida Certificate No.5949
1 L:\23218-Orange Blossom Ronto\Surveying\Description\23218SKu.doc
Post Office Drawer 2800•Fort Myers,FL 33902
Phone(239)461-3170•Fax(239)461-3169
1 OF 2
(aa seAoJO wosso1e a6ueaO : L96G) se oaO.B•p le};iwgnS Ilnj uo!)!4ed aao :luawyae;ly r`
c)
m
N
0
au
Ym
V
03
aI
1
I
€
2.i
I
2.
Barraco
N88°50'OS E 609.19' BEGINNING �"",p Inc.
N89°3537"E 750.16'
Northwest -•bar.,�ae
oJTYacr'C'
/b9'SS37•E Maty Right afWayLtne 13 18
- I 1. sue u
N 011 R 1 1- WBII - .57A:-f°, -Secth,n 13-� „sL,6—Road �
--�— —" T Section 24--F '7,',1t1;74:71,17,77,::1'7;;fa:
eu) •
W %E Sol°06'55 E149.16' �RlgMof '4y Line I r � 24 .19 ORANGE t
S $ Rm208.00'1=62°28'1 "L=226.78' i' P_ .1 L ro BLOSSOM
° s04 tF., CN=S11°00"14'711115.72' O T y ' „ " £I E
a,, ,+IIt+s1t,=FrrYlll GROVE
SCA.IN Feer 4A R=145.00'dm42°4240"L=108.09' I I 12.1 115 p n 7 c r 17 ,. i'-
°mk CH=S10°53'00"W105.60' +I I-: C.D.D.
2 S00°2870"E 411.78 . I I Il _-� I 22- I s �,..„,,,.
569°3140"W 140.00' • 1 I 1 = r `
r 1 I _. I �i -. AParcAaflandin
1189°3140 E 1 t LL {h Section 24, 7
" I
500°2830 E 204.45' 4500' T ' ( i , I� Township 48 South,
AREA=89.95Ac.� /E v4 _ i o � �3 Range27Eanand
_ I m Section 19. k
NOTES: 255.00' 889°3140 E 126.94' J N I Township 41Soam,
839°5830"W 1 S00°2820 E 250.0.i- ,( fi++ ,,i'_ Aange 28 Earl,
i, ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS SOO°28'1D"E 140.00' I l/- - 1 I sol ' Collier Camay,Harkin
THEREOF. y" 135.03'-s-1 11189°3140"E I ,.'i i ! ! _
2, D.E-DENOTES DRAINAGE EASEMENT. Nw1/4 vQ�B4, S00°48'03"N/ 446.11' • �79� ^`. gr � „_,
3. I.E.•DENOTES IRRIGATION EASEMENT. .470r ,J _ � .-...
4 LBE•DEN07ESLANOSCAPfBUFFEREASERfEM, ��.JJJ 3' � ”- 2 ! ,+"`°�'°- +
5. LME,-DENOTES LAKE LWNTENANCE EASEMENT. N89°31'40"E R-262.50 ° -- 1 i
6 0./2•DENOTES OFF/GAL RECORD BOOK COLLIER N00°28 20"W 250.00' Lm166.63' its�T. ';,•::1'"" �"-•''•' i
COUNTY PUBLIC RECORDS A 1 i _
7. (P)•DENOTESPLAT 1131°29'30"W 300.00' d=36°12'17" R. ,�•
B. P.B.•DENOTES PLAT BOOK
0$72°17'12°E h$ .�. °�^� 1 f :: I
9. PG.•DENOTESPAGE. 4, C0163.85' 6 o4° °F wA ti6 ;- 1'1 4, -----
g.
ID. P.UE.•DENOTES PUBLICUTILITYEASEMENT. A ' JI. y ,y ySv/w9 n°•� t":5,.., - ,�„�
II. ODE-DENOTES ORANGE TREE UTILT7YCOMPANY er .4....N
F°meg 4714...
°4A� ,I I^1
EASEMENT.
E o
12. BEARINGS AS SHOWN ARE STATEPLANE FLORIDA yo . is I~
EAST ZONE(NAD/983(NSRS 2007))ARE BASED ON q�''vj'4 ,�ly^ rtb 0..,._ .1 ,?.„0 o-e •-a
THE SECTION OF THE NORTHEAST QUARTER(NE • �1168°17'02"W Z'/� �$'� S C ..,1, i a m ^••^_-•
1ND OF SECTION 24 TOBEAR/i88.50115•E. 645.91' y,�,, �Cp „, p,, ,.. _ f ry
11 DESCRIPTION ISATTACHED. $81°45'30'W 230.00' r7JAOV V VCO re 8 i ' I~ eB 1
THIS IS NOT A SURVEY �� 41 y ! U a
SW 1/4 \-1/4SectionLne 7--
S89°3045"W 400.90') I
SE L4 / •
EXHIBIT•A.
SCOTT A.WHEELER(FOR THE FIRM•LB-6940) DATE SIGNED: i'. .. • S
PROFESS/ONAL SURVEYOR AND MAPPERSSection 24 _
CH TO
FLORIDA CERTIFICATE NO.5949 p
fy ACCOMPANY
Township 48 South,Range 27 East 44 'Rk DESCRIPTION
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL ,,,
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ,,,,,. 1 OF 2
1
9
e
1
1
•E
°lid
i
E
1
P
1
I
1
(aao sanoacJ Wosso18 a6uea0 : L96I) sano.ey g•®1ef;!wcp1S 1111j—uoll!led at3a :Iuewg3e;Iy 03
CO
e-
a.a
EXHIBIT 1B
oma.
LOCATION MAP OF THE ORANGE BLOSSOM GROVES COMMUNITY
DEVELOPMENT DISTRICT
{
Fg�
gt
p4
99q
3j}I
ii
1
(QQO senaic wossolg a6ueJO : L96I) saAoi9'8'0iel�!wgns IInd—uo! lead aao :�uawyae;lb
c)
m co
co
ti
C
Cl.
OS
aI
(
t
i.Barraco
and NeoWta,/ac.
wa. . mow.
www.barraco.net
- Br"11-1.1'01711111110111,14,AME ',ORO.\Cr10/[4.7E3t/µ1,14..{...
1131,
„at,/
e 1141
a
lai.
n
•,,,, d
y
ORANGE ,
BLOSSOM
GROVES
<21 K,. C.D.D.
cw�[x[a�m r.c..a.
COUNTY 5858)OlLY,ELL RD y
(iii,
CI
)
mw�meavawurm[
?
Oa.�wwuwmrrmnt.e
_. a,rw.rwnrmwo
�,ue o -w,rcao
w CDD BOUNDARY
y1 ,
Ir /
�\iirea vim ,
`\�t rrA AWRY covin i ... ,. ..I.
..
NORTH \1111 1
II
\ �\/j rum, LOCATION MAP
V/ h.. EXHIBITS
NOT TO SCALE rw.,,-‘w xr-:..—
23218 2
,-
f
3
(aao sanoJO wossola a6ueira : L960 seno.JO'arp 1e1}!wgns Ifni uomled aaa :luawyaelly c
oi am
m
a
EXHIBIT 2
a
CONSENT OF LANDOWNERS AND CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 1 to this Petition comprises 100% of the real property proposed to be
included within the boundaries of the Orange Blossom Groves Community Development District.
Such land is depicted graphically in Exhibit 1 to this Petition and the specific parcels to be included
within the boundaries of the proposed Orange Blossom Groves Community Development District
are as follows:
Parcel ID OWNER MAILING ADDRESS
00210650004 RP Orange Blossom Owner, %Rockpoint Group,LLC
LLC 3953 Maple Ave # 300
Dallas,TX 75219
00210660201 RP Orange Blossom Owner, % Rockpoint Group,LLC
LLC 3953 Maple Ave# 300
Dallas, IX 75219
00210660308 RP Orange Blossom Owner, %Rockpoint Group,LLC
LLC 3953 Maple Ave# 300
Dallas,TX 75219
00210660007 RP Orange Blossom Owner, %Rockpoint Group,LLC
LLC 3953 Maple Ave # 300
Dallas,TX 75219
ii
g)gE
(ciao sanoary wosso1e e6uea® : L96i•) sano.10-9.®iel4!WgnS iind—uo!Med 003 :luewcloelly
0 o
Di w
ti
6
a.
AFFIDAVIT OF OWNERSHIP AND CONSENT Y
TO THE ESTABLISHMENT OF THE m
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT a.
STALE OF rlexk 5 )
COUNTY OF T_Rt q S (� )
On this 1 1- day of fittic';2016, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments,Ron Hoyl,who,after being duly sworn, deposes and
says:
1. Affiant, Ron Hoyl, an individual,is a Vice President of RP Orange Blossom Owner,
LLC;
2. RP Orange Blossom Owner,LLC is the owner of the following described property,
located in Collier County, Florida: Parcel ID#'s 00210650004, 00210660201,
00210660308 and 00210660007
3. Affiant, Ron Hoyl, hereby represents that he has full authority to execute all
documents and instruments on behalf of RP Orange Blossom Owner,LLC, relating
to the Petition before the Board of County Commissioners of Collier County,
Florida, to enact an ordinance to establish the Orange Blossom Groves Community
Development District(the "Proposed CDD").
4. The Property described above represents all of the real property to be included in the
Proposed CDD. •
5. Affiant,Ron Hoyl, on behalf of RP Orange Blossom Owner,LLC,as the sole owner
of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
FURTHER,AFFIANT SAYETH NOT.
RP Orange Blossom Owner,LLC,
a Delaware limited liability company,as Landowner
B}.: (C14
Ro{n Hoyl as its Vice President
Subscribed and sworn to before me this )2' day of J e,t2016 by Ron Hoyl,a Vice President of RP
Orange Blossom Owner LLC, who personally appeared before me, produced driver's license or is
- sonally known to rne.')
}
7
—, Notaiy: 411 / 9
l �r7+1?.LSE Print Name: (K F �c'c'x <�t tt.S
.BEAVANS
* , * NOTARY PUBLIC Notary Public,State of T fKA—S
wf �r 5 STATE OFTEXAS My Commission Expires: 3/2,"717'
'rE.OF.itP MY COMM.EXP.03127/19 II
0
WOO seAwo Luossole oBueio : L961.) seAoip'EFOeMuicins Brij uompd acio :lueunioenv cs,
0
w
_Ne
EXHIBIT 3
0. .
MAPS OF THE ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT
DISTRICT SHOWING CURRENT MAJOR TRUNK WATER MAINS AND SEWER
INTERCEPTORS AND OUTFALLS
1
... - . _ ..,
,
(aao seAoio wossoig aBueio : L96 ) sanoaD.g.oleTuwqns linA uolMed 000 :11-ieualoelZV
cD ;
u
cd cm
n: 6
0
48
-Ne 4111b
o
ca
0
%
'
%
1
1
%
N arB...1......_"aCC)
NNIAmselasA Ive. 4
ticr;n:tervItifj/
.111.2.1.4,-/ARIC.A.To.”.6
I' 19=c1alio mi .,IIM Ms .,
*Ant!. 1 is kistins(Aimil.
: ilefri--, ililmo inw_.
.1.1.11.11 En .
gra.' mcp-ion N'im 1
wk. toi Dm.
._—_, 111111%.1111111 — -•%H. in..
-- , IIII SA/
: Ill IliMkkili LIMIII4—IIIII' IE '
1
OM 111111% pi
. iOsITIN
.MI SL •
mi\NNNI':MI'
OW opts IR ,„,,,,--)iN WM Llill s ORANGE
BLOSSOM
,..,..i., ,.
GROWS
.ea" Wift-,- illit=ilini
1144-7 . mi 11111 111111 ' C.D.D.
• , w..... ,., -
11:11 ,....
* ° k ' '
II.ol.
NUMILOVIVIR.C41. Rik
I
•,...‘L'OkW\ill*Nii
II
;%ritinliiiiin I I
1 Ellitilifi.
-/ 4 '.4"—''.. # . V• 1
ORANGE BLOSSOM
GROVES COD BOUNDARY fillifoirlifirikili* Ass4/44/ -....
, : . ; 1_, ___. --11 4:4, epio....„, ,1
4 I ----.4------=--vm
,t*‘ ,.'N Ntibil-NAll /*/kfir,..44 Ar744,,Vi.,frel,ale/SA,„,, I
\
•.\ .\‘‘,\ ..-7—r`i /*/ ••//j4.47' iiiitiox7,Wkir4V/S '11
Nsi ..1
::=
**\ N 411.11111,111,11 *St, /442, it:///4alt44,45,10:11
i %*\/411111111.7111 itilikV1-11:71CM'Itler.A . \Iti. 4e111 1"--71*-111:
4t*_____:=.1,-.„7.1,. ,= Niv•---04:',..,k• it\sfrEll i,„ , ,..,-,.....
• -- - 4- ‘ ee/e*% d''o"), MEE 1
•;s:44,41•,• 7,:bit /1121 C3Ili
• ••,414%,,,.'•,'•4YPIL•11'" '.IIZII I I
•'' .441.ri; • ilAir.:.% Kali 1i' III
DENSITY SUMMARY 4*'• 4,40,14,,.•''qiia lE11.1 -_,,_
82.LOTS 80 .0 "...4fAN 11131-11
72 LOTS 155 / g 11.r. 11011
TOT. 235 LOTS * *41 II Mal: ORANGE 61.05501.1
GROVES
1
EXHIBITS
....-
1
I
1
1
I
(MO sano.JO uaossols e6ueJO : L964) sanoJO'W'O—Iell!wgns IlnA—uo!i!lad Goo :luauayaelltf �t
V O
m
ti 0
a I
a)
Y
C1
f6
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Start Date Completion Date
Storm Water Management 01/2019 12/2021
Water 01/2019 12/2021
Sewer 01/2019 12/2021
Landscape Buffers/Security 01/2019 12/2021
(poi senoap wosso18 a6ueJO 1966) sanoi g o lell!wgnS llnd—uo!l!lad aao :;uawgaelly
m
N:
to
EXHIBIT 4B o.
CONSTRUCTION COST ESTIMATES
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Cost Estimate
Storm Water Management $4,642,519.03
Water $444,581.36
Sewer $1,678,616.42
Landscape Buffers/Security $2,821,402.45
Total $9,587,119.27
'sl
1
(aao senoiO wossolg a6ueiO : 2.964) sanou;yg'®le};IWgnS IInA—uoIMed aao :wow welly
m �
ti
a
m
EXHIBIT 5 a
FUTURE LAND USE MAP
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
ti
1
d
l
F
(ciao Sanoa9 wosso1e a6uea0 : L96() senoJy•8'o le;;!wgns Iind—uo!Plad 000 :luawyae;4y
0
m C
)
N:
a 02) 1
I'D' i
U
al
CL.
1
I,
I
!
t
I 1N Barraco
E i
www.barna co.net
MLLE V1,E,
COUNTY RD S MS I OA\YELL RD •=crra0 ..rcuu,r ggg
7 171
3
U ORANGE
U BLOSSOM
GROVES
C.D.D. 4
Allk
--—-C---- ---) ) '
,,F.--„:„.-.,,,,,„„:„.,,,,,--------,\ .....,„.,,,,,,....,,,,„.,_
,, ,
.,„.....„...,„ ,
,, , ..„„..,...,_.„
..„„......._.......,...,_
- i
� I j : I
) ......,„ ,
�� , ,
,, iv
AGRICULTURAL/RURAL MIXED USE DISTRICT
(PER COWER COUIITY FUTURE LARD USE MAP 2012-2025) LAND USE
MAP
EXHIBITS I
1 i
•
6
t'
I
0.101
II
1
1
(aao sanoW9 wossoig a6ueiO L961.) senoi013-o Eel;ivagns Ilnj—uoR;t}ad aaa :Iuawgoenv c
v �
Di
tha
d�+ 3
c
EXHIBIT 6 a-
STATEMENT OF ESTIMATED REGULATORY COSTS
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
pe
kG
r'.
(aao sanoao wosso1e a6ueio L961) senoio*EIO lel4!wgnS Iind—uo!;!dad aao luauayoe;fib a,
V O
Cd as
ti
D)
a
m
V
al
ORAS;G NI BLOSSOM GROYKS
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
June 15,2016
WI '
AT ASSOCIATES
Provided by
Wrathell,Hunt and Associates,LLC
2300 Glades Road,Suite 410W
Boca Raton,FL 33431
Phone: 561-571-0010
Fax:561-571-0013
Website:www.whhassociates.coin
(000 settwo wosso;g afueiO : £960 sanoio.ErQ(enpicin9 land—uo!lilad 000 :luauat{oellV o
o3
rn
Di
a
5 1
Y 1
0 f4i
STATEMENT OF ESTIMATED REGULATORY COSTS a. 1
i
i
1.0 Introduction 4
P
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Orange Blossom Groves Community Development District ("District"). The proposed District will
comprise approximately 89.98 +/- acres of land located within unincorporated Collier County,
Florida (the "County") and is projected to contain approximately 235 residential dwelling units. The
limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d),Florida Statutes
("F.S.") (governing District establishment) as follows:
"That the process of establishing such a district pursuant to uniform general law
be fair and based only on factors material to managing and financing the service
delivery function of the district, so that any matter concerning permitting or
planning of the development is not material or relevant(emphasis added)."
1.2 Overview of the Orange Blossom Groves Community Development District
CThe District is designed to provide public infrastructure,services,and facilities along with operations
and' maintenance of same to a master planned residential development currently anticipated to
contain a total of approximately 235 residential dwelling units, all within the boundaries of the
District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure in order to service projected growth without overburdening other governments and
their taxpayers." Section 190.002(1)(a),F.S.
A CDD is not a substitute for the local,general purpose government unit,i.e.,the City or County in
which the CDD lies. A CDD does not have the permitting,zoning or policing powers possessed by
general purpose governments. A CDD is an alternative means of financing, construction, operating
and maintaining public infrastructure for developments,such as Orange Blossom Groves.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2013), defines the elements a statement of estimated regulatory costs must
contain:
(a) An economic analysis showing whether the rule directly or indirectly:
1
o (aa0 sanoa0 uaossola a6uea0 : 1966) sanoa0-8.0 iell!uielns iinr—uoni;ed 000 :;uewyae;;y
m `c;
T 6
a_
Y
V
f9
1. Is likely to have an adverse impact on economic growth, private sector job creation or a
employment,or private sector investment in excess of$1 million in the aggregate within 5 years after
the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability of persons
i
doing business in the state to compete with persons doing business in other states or domestic
markets, productivity, or innovation in excess of$1 million in the aggregate within 5 years after the
implementation of the rule;or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of$1 million in
the aggregate within 5 years after the implementation of the rule.
k
(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 I
the rule.
(c) A good faith estimate of the cost to the agency, and to any other state and local government : ,
,
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or i,
local revenues. 1
1
(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, i
including local government entities, required to comply with the requirements of the rule. As used
in this section, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other0
costs necessary to comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the
impact on small counties and small cities as defined in s. 120.52. The impact analysis for small i
businesses must include the basis for the agency's decision not to implement alternatives that would I
reduce adverse impacts on small businesses. (Collier County, according to Census 2010, has a
population of 321,520; therefore, it is not defined as a small County for the 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.
0
Note: the references to "rule" in the statutory requirements for the Statement of Estimated 1
Regulatory Costs also apply to an"ordinance"under section 190.005(2)(a),F.S.
2.0 An economic analysis showing whether the ordinance 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 (14.4' f
aggregate within 5 years after the implementation of the ordinance;
i
2 P
1
7s
1
(ciao sOAOJ9 tuossa18 a6ucio : L961,) seAoao.8.o letwWgns Ilnruom d 0a3 :wauayoe;3v NI
V r
m C)
r
a
Y
0
2. Is likely to have an adverse impact on business competitiveness, including the
a
ability of persons doing business in the state to compete with persons doing business
in other states or domestic markets,productivity, or innovation in excess of$1 million
in the aggregate within 5 years after the implementation of the ordinance;or
3. Is likely to increase regulatory costs, including any transactional costs, in excess
of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The ordinance establishing the District is anticipated to not have any direct or indirect adverse
impact on economic growth, private sector job creation or employment, private sector investment,
business competitiveness, ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or innovation. Any increases in
regulatory costs, principally the anticipated increases in transactional costs as a result of imposition
of special assessments by the District will be the direct result of facilities and services provided by
the District to the landowners within the District, however,as property ownership in the District is
voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases
should be considered voluntary,self-imposed and offset by benefits received from the infrastructure
and services provided by the District.
2.1 Impact on economic growth, private sector job creation or employment, or private
sector investment in excess of $1 million in the aggregate within 5 years after the
implementation of the ordinance.
(ilk'
The sole reason for the establishment of the District is to provide public facilities and services to
support the development of a new, master planned mixed-use development. The development of
the approximately 89.98 +/- acre parcel will promote local economic activity, create local value,lead
to local private sector investment and is likely, at least in the short term, to support local private
sector employment and/or lead to local new job creation.
Establishment of the District will allow it to plan, fund, implement, operate and maintain, for the
benefit of the landowners within the District, various public facilities and services. Such facilities
and services,as further described in Section 5,will allow for the development of the land within the
District for private use. The provision of District's infrastructure and the subsequent development
of the private land will generate private economic activity, private economic growth, private
investment and employment, and job creation. The District will use proceeds of indebtedness to
fund construction of public infrastructure, which will be constructed by private firms, and once
constructed, will use private firms to operate and maintain such infrastructure/provide services to
the landowners and residents of the District. The private developer of the land in the District will
use its private funds to conduct the private land development and construction of an anticipated
approximately 235 residential dwelling units, the construction, sale, and continued use/maintenance
of which will involve private firms. While similar economic growth, private sector job creation or
employment,or private sector investment could be achieved in absence of the District by the private
sector alone, the fact that the establishment of the District is initiated by the private developer
means that the private developer considers the establishment and continued operation of the
District as beneficial to the process of land development and the future economic activity taking
place within the District, which in turn will lead directly or indirectly to economic growth, likely
3
{
1
ECMO san0a0 wossolg a6uea0 : L961.) sanoJe.e.0 lett!wgns Ilnd—uo!Med 000 :;uaWyoe;l r-
m rn
tr
a.r
ctsm
N
private sector job growth and/or support private sector employment, and private sector a
investments.
2.2 Impact on business competitiveness, including the ability of persons doing business
in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation in excess of$1 million in the aggregate within 5 years after the
implementation of the ordinance.
When assessing the question of whether the establishment of the District is likely to directly or
indirectly 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, one has to compare these factors in the presence and in the
absence of the District in the development. When the question is phrased in this manner,it can be
surmised that the establishment of the District is likely to not have a direct or indirect adverse
impact on business competitiveness, productivity, or innovation versus that same development
without the District. Similar to a purely private solution,District contracts will be bid competitively
as to achieve the lowest cost/best value for the particular infrastructure or services desired by the
landowners under a "lowest responsive/responsible bid" method,which will insure that contractors
wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of
cost, productivity and innovation. Additionally, the establishment of the District for the
development is not likely to cause the award of the contracts to favor non-local providers any more
than if there was no District. The District,in its purchasing decisions,will not vary from the same
principles of cost,productivity and innovation that guide private enterprise.
2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The establishment of the District will not increase any regulatory costs of the State or the County by
virtue that the District will be one of many already existing similar districts within the State and also
one of a few already existing similar districts in the County. As described in more detail in Section 4,
the proposed District will pay a one-time filing fee to the County to offset any expenses that the
County may incur in the processing of this petition. Similarly, the proposed District will pay
annually the required Special District Filing Fee,which fee is meant to offset any State costs related
to its oversight of all special districts in the State.
The establishment of the District will, however, directly increase regulatory costs to the landowners
within the District. Such increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special assessments and use fees by the District,
will be the direct result of facilities and services provided by the District to the landowners within
the District. However, as property ownership in the District is completely voluntary, all current
property owners must consent to the establishment of the District and the likelihood of additional
transaction costs, and all initial prospective buyers must have such additional transaction costs
disclosed to them prior to sale, as required by State law and County ordinance establishing the
District, such increases should be considered voluntary, self-imposed, and as a tradeoff for the
4
C
(aao s0AOa9 tuosso0g e1ueio : L966) sanoa9.8'p del}lwgng Clnr uo!lilad aao :luauagoeliV Tr 1
U
6a
m
ti6
a
ru
..
V
co
services and facilities provided by the District. As to the anticipated amount of the transactional a
costs in the aggregate within 5 years,they are anticipated to not exceed$5,000,000.
3.0 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 ordinance.
The proposed District will serve land that comprises an approximately 89.98 +/- acre master
planned residential development currently anticipated to contain a total of approximately 235
residential dwelling units, although the development plan can change. Assuming an average density
of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed
District at build out would be approximately 823 +/- and all of these residents as well as the
landowners within the District will be affected by the ordinance. The County, the proposed District
and certain state agencies will also be affected by or required to comply with the ordinance as more
fully discussed hereafter.
is
4.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District on state or local revenues.
4
4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the result of adopting the ordinance is the establishment of an independent local special
1 purpose government, there will be no significant enforcing responsibilities of any other government
entity, but there will be various implementing responsibilities which are identified with their costs
herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the Collier County is the establishing entity under
190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed
ordinance relate strictly to the receipt and processing of various reports that the District is required
to file with the State and its various entities. Appendix A lists the reporting requirements. The costs
to those State agencies that will receive and process the District's reports are very small,because the
District is only one of many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.064, F.S., the District must pay an annual fee to the State of
Florida Department of Economic Opportunity which offsets such costs.
1 C
5
(000 sanoJO wossoJ8 a6uei® : £961.) sanoio-s•® Iemwgns und—uoexilad ®Qo :luaautlae rV L.r,
m rn
to
V
Collier County,Florida a
The proposed land for the District is located within unincorporated Collier County, Florida and
consists of less than 1,000 acres. The County and its staff may process, analyze, conduct a public
hearing, and vote upon the petition to establish the District. These activities will absorb some
resources, however, these costs incurred by the County will be modest for a number of reasons.
First, review of the petition to establish the District does not include analysis of the project itself.
Second, the petition itself provides much of the information needed for a staff review. Third, the
County already possesses the staff needed to conduct the review without the need for new staff.
Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a
filing fee included with the petition to offset any expenses the County may incur in the processing of
this petition. Finally, the County already processes similar petitions, though for entirely different
subjects, for land uses and zoning changes that are far more complex than the petition to establish a
community development district.
The annual costs to County, because of the establishment of the District, are also very small. The
District is an independent unit of local government. The only annual costs the County faces are the
minimal costs of receiving and reviewing the various reports that the District is required to provide
to the County, or any monitoring expenses the County may incur if it establishes a monitoring
program for this District.
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 infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
Ii
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other local
government. In accordance with 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, including local government entities, required to comply with the requirements
of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1.
Total costs of construction for those facilities, which may be provided, are estimated to be
approximately $9,587,119.27. District may levy non-ad valorem special assessment (by a variety of
names) and may issue special assessment bonds to fund the costs of these facilities. These bonds
would be repaid through non-ad valorem special assessments levied on all properties in the District
that may benefit from the District's infrastructure program as outlined in Table 2.
6
(aa3 sanoas} wassol8 96uwo : L961,) seAOJ9'Wp lattiwtln9 linj—uol;!lad 000 :luauayoet;� co
M rn
cci
th
T a
Y 9
a
Table 1
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED MAINTAINED OWNERSHIP
Storm Water Management CDD CDD CDD
Roadways Developer HOA HOA
Water CDD CDD or Orange CDD or Orange ".
Tree Utilities or Tree Utilities or
County County
Sewer CDD CDD or Orange CDD or Orange
Tree Utilities or Tree Utilities or
County County
Internal Landscaping Developer HOA HOA
Landscape Buffers/SecurityCDD CDD CDD
p
Prospective future landowners in the development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through
bond issuance. In addition to the levy of non-ad valorem special assessments which may be used
for debt service, the District may also levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However, purchasing a property within
the District or locating in the District by new residents is completely voluntary, so, ultimately, all
landowners and residents of the affected property choose to accept the non-ad valorem assessments
as a tradeoff for the services and facilities that the District will provide. In addition, state law
requires all assessments levied by the District to be disclosed by the initial seller to all prospective
purchasers of property within the District.
Table 2
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY COST
Storm Water Management $4,642,519.03
Water $444,581.36
Sanitary Sewer $1,678,616.42
Landscape Buffers/Security $2,821,402.45
Total Estimated Project Costs $9,587,119.27
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
I NW1
7
(cm sanoary wosso18 afiucJ® : L960 sanoao•g•p—fel}owgns Olnd—uolliled ®CIO :luawgaellAl ti
o
th rn
ti :
a s
C)
tU
6
represent the transactional costs incurred by landowners as a result of the establishment of the o-
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, County or its dependent districts, or County management but financing with municipal
service benefit units and municipal service taxing units, or private entities, all of which can be j
grouped into three major categories: public district,public other,and private.
I
With regard to the public services delivery, dependent and other independent special districts can be j
used to manage the provision of infrastructure and services,however,they are limited in the types of
services they can provide, and likely it would be necessary to employ more than one district to
provide all services needed by the development.
Other public entities, such as cities, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development and, '
transaction costs,would be borne by all taxpayers,unduly burdening existing taxpayers.Additionally,
,
other public entities providing services would also be inconsistent with the State's policy of"growth s
paying for growth". i
Lastly, services and improvements could be provided by private entities. However, their interests
are primarily to earn short-term profits and there is no public accountability. The marginal benefits
of tax-exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs
to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits. 110
fi
First, those residents in the District will receive a higher level of public services which in most
instances will be sustained over longer periods of time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the public services will be completed concurrently
with development of lands within the development. This satisfies the revised growth management
legislation, and it assures that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the provision of facilities,
services and improvements to these lands.
j
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of public infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for the District j
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable,what the landowners would have paid to install infrastructure via an alternative financing 1
mechanism. i
I
Consequently, a CDD provides property owners with the option of having higher levels of facilities
and services financed through self-imposed revenue. The District is an alternative means to manage
necessary development of infrastructure and services with related financing powers. District
el::: ,
8
t
1
(000 SeAQJ9 wossols a6ueJO : L966) seAwo.s.olell!wgns !!na uoR!led ciao :luewtloelld co
U Ta)
M
co
T a.
II
Y
u
as
management is no more expensive, and often less expensive, than the alternatives of various public a.
and private sources.
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.
1
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive because the District must competitively bid all of its contracts 1
and competitively negotiate all of its contracts with consultants. This affords small businesses the
opportunity to bid on District work. j
Collier County has a population of 321,520 according to the Census 2010 conducted by the United
States Census Bureau and is therefore not defined as a "small" county according to Section 120.52,
F.S.
i
7.0 Any additional useful information.
4
a
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated with the Petitioner.
(...-
In relation to the question of whether the proposed Orange Blossom Groves Community
/ Development District is the best possible alternative to provide public facilities and services to the j
project, there are several additional factors which bear importance. As an alternative to the
j independent CDD, the County could establish a dependent Special District for the area or establish 1
an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in t
Tables 1 and 2 in a fashion similar to the proposed District.
t
There are a number of reasons why a dependent Special District is not the best alternative for
I providing public facilities and services to the Orange Blossom Groves development. First, unlike a t
CDD, this alternative would require the County to administer the project and its facilities and
services. As a result, the costs for these services and facilities would not be directly and wholly j
attributed to the land directly benefiting from them, as the case would be with a CDD.
1 Administering a project of the size and complexity of the development program anticipated for the
Orange Blossom Groves development is a significant and expensive undertaking. x
1
Second, a CDD is preferable from a government accountability perspective. With a CDD,residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
County responsibilities. By contrast, if the County were to establish and administer a dependent
Special District, then the residents and landowners of the Orange Blossom Groves development
would take their grievances and desires to the County Commission meetings.
i
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
], 0 technically true that the debt of a County-established, dependent Special District is not strictly the
9
(aao sanoao wosso1g a6ueao : L961•) sanoao•e.0 lett!wgns IlnI uo!med aao :luewgoelld c
V
m 'a�
0
a)
V
County's responsibility, any financial problems that a dependant Special District may have may a J
reflect on the County. This will not be the case if a CDD is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of public facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County's real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability.
8.0 A description of any regulatory alternatives submitted under Section 120.541(1)(a),
F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs
supports the petition to establish the Orange Blossom Groves Community Development District.
1 I
1
10
9
(cm saAoJO wosso18 e6ueaO : L961,) sanoiO.e-o lelliwgns unA—uocliled GOO :luewgoelly N 1
C.) 3
Di a1
a
a
Y
V S
f6
APPENDIX A a
LIST OF REPORTING REQUIREMENTS
I
FL. STATUE I
REPORT CITATION DATE
Annual t
i
Financial a
Audit 190.008/218.39 9 months after end of Fiscal Year
Annual
Financial 45 days after the completion of the Annual Financial Audit but
Report 190.008/218.32 no more than 9 months after end of Fiscal Year
TRIM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution (if levying property taxes)
within 30 days of accepting the appointment, then every year
4
Form 1 - thereafter by 7/1 (by "local officers" appointed to special 4
Statement of district's board); during the qualifying period, then every year
Financial thereafter by 7/1 (by "local officers" elected to special district's 1
Interest 112.3145 board) 1
within one year of special district's creation; then annual notice
Public of any changes; and updated report every 5 years, 12 months g
Facilities prior to submission of local government's evaluation and
Le Report 189.08 appraisal report
Public
Meetings
Schedule 189.015 quarterly,semiannually,or annually +
Bond
Report 218.38 when issued;within 120 days after delivery of bonds
r
Registered
Agent 189.014 within 30 days after first meeting of governing board i,
Proposed
Budget 189.016 prior to end of current fiscal year
f
Public i
Depositor g
Report 280.17 annually by November 30 I
3
1
1
1
C
11
(aaa sanoa9 uaosso18 aBueao : L961,) sanoio's*O lenivagns IInfuo!Med aao :}uauayoe;;d
m
ti
a)
Y
EXHIBIT 7 a
PROPOSED ORDINANCE
ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
WOO sancuo wosso1s e6uwO : L96L.) sanoa9•g p len wgns Iin,uol;!;ad aao :tuewrtoe;3y
a
a
ORDINANCE NO. 16-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 89.98 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
BLOSSOM GROVES 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
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, RP Orange Blossom Owner, LLC, a Delaware limited liability company has
petitioned the Board of County Commissioners ("Board") of Collier County, Florida, a political
subdivision of the State of Florida, to establish the ORANGE BLOSSOM GROVES
COMMUNITY DEVELOPMENT DISTRICT ("District"); and
�a 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
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
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
L. development services and facilities.
1
(000 sanoJO wossoie afueao : L964) sanoa0'E'O 1e3�!wgnS Iln�uol;I;ad 000 :tuauagoe;;t/
Q.
rn
ti
C)
a
r
oer
c
6. The area that will be served by the District is amenable to separate special-district
aI
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
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the 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 govermnent.
WHEREAS, pursuant to Section 190.012 (2)(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 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 I
applicable provisions of law governing county ordinances.
2 f
U (aao sanoio wasso g aBueJO : £961,) sanoaO•g•p Een wgnS ifnr uoRged 003 :tuaWL}oelWW
00 �"
a
SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM GROVES o..
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Groves 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. Mark Taylor 2. Jim Reinders
3066 Tamiami Trail North., 3066 Tamiami Trail North.,
Suite 201 Suite 201
Naples, FL 34103 Naples,FL 34103
3. Brian O'Donnell 4. Ken Bloom
3066 Tamiami Trail North., 3066 Tamiami Trail North.,
Suite 201 Suite 201
Naples, FL 34103 Naples,FL 34103
5. Karen Welks
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Orange Blossom Groves Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Orange Blossom Groves Community Development District shall be governed by the
provisions of 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 Orange Blossom Groves 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.
3
(aao sano.ac wossols e6ue.JO : L960 sanoic•8.O le3llwgnS llnruolMed aao :;uewyoe;;y ,n
N
m C1
ti
a
d
Rf
The Board hereby consents to the exercise by the Board of Supervisors of the District of o-
the special powers set forth in Section 190.012(2)(d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for security, including, but not Iimited to, guardhouses, 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.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing recitals setting forth Petitioner's Commitments, re-sated as follows: (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 C
terms and conditions of any special assessments imposed to secure bonds issued by the District, 3
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
Commitments against Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
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.
4
(000 Sanoa9 wassolS atuea® : L961.) sano.i913•0—le}1ImgnS IIndi—uogned 000 :luau-143811V
m cn
ti
a
r
m
co
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
COLLIER COUNTY,FLORIDA 'S
By: By:
,Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form legality:
Jeffrey A. Klatzkow
County Attorney
I
a b
_ P
5
(www senoao Wosso1s afuea0 : L966) sanoao.8'O lei#!wgns lfnj—uo!Mod aao :}uawtpe};d ti
N
h.: arraco
www.barraco.net as
and Associates, Inc. Civil Engineers,Land Surveyors and Consultants o.
Y
v
c6
�
!{
TRANSMITTAL LETTER
TO: FROM: @
Marcia Kendall Amy Fontaine 1
COMPANY: DATE: PROJECT NUMBER
1
Collier County Growth Management August 5, 2016 23307
Division
ADDRESS: PROJECT NAME:
2800 N. Horseshoe Drive Orange Blossom Groves CDD
CITY,STATE,ZIP: DISTRIBUTION TO:
Naples,FL
RE:
Petition for the establishment of a Community Development District(CDD)
WE ARE SENDING THE FOLLOWING ITEMS VIA: 1
X STANDARD POSTAL MAIL COURIER SERVICE OTHER
OVERNIGHT DELIVERY CLIENT PICK-UP AT OUR OFFICE
E
ITEM COPIES DATE DESCRIPTION
l
1. 1 08/05/16 Original
2. 3 08/05/16 Copies
3• 1 08/05/16 Fee (Check number 3764)in the amount of$15,000.00
4.
5.
6.
7.
8.
9. r
10.
THESE ARE TRANSMITTED AS CHECKED BELOW:
AS REQUESTED FOR BIDS DUE: RESUBMIT___COPIES FOR APPROVAL
FOR YOUR USE APPROVED AS SUBMITTED SUBMIT___COPIES FOR DISTRIBUTION
X FOR APPROVAL APPROVED AS NOTED RETURN____CORRECTED PRINTS
FOR REVIEW AND COMMENT RETURNED FOR CORRECTIONS ITEMS RETURNED AFTER LOAN TO US
NOTES/COMMENTS:
6
!
IF ENCLOSURES ARE NOT AS NOTED,KINDLY NOTIFY US AT ONCE
Post Office Drawer 2800• Fort Myers,FL 33902 g
Phone(239)461-3170•Fax(239)461-3169
17.B.d
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA o
0
U
N
0
O
0
E
O
STATE OF FLORIDA 0
COUNTY OF COLLIER m
d
c)
c
to
L
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM GROVES COMMUNITY
DEVELOPMENT DISTRICT
J
I J
0 a
NI
d
AFFIDAVIT ADOPTION WRITTEN, PRE-FILED TESTIMONY 'o
E
w
u)
STATE OF FLORIDA ,CD
COUNTY OF COLLIER -cl
d
w
I, Anthony Solomon, in my representative capacity as Managing Member of Ronto Orange ai
Blossom, L.L.C., a Florida limited liability company, being duly sworn, do hereby state for my o
affidavit as follows: V
0
m
1. I have personal knowledge of the matters set forth in this affidavit. °
c
2. My name is Anthony Solomon and I am managing member of Ronto Orange Blossom,
L.L.C. 0
a
3. The prepared,written,pre-filed testimony,submitted under my name to Collier County
relating to the establishment of the Orange Blossom.Groves 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 Orange
Blossom Groves Community Development District establishment hearing on
I
Packet Pg. 1928
17.B.d
November 15t', 2016, 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 Orange Blossom Groves 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.
0
U)
Under penalties of perjury,I declare that I have read the foregoing and the facts alleged are o
true and correct to the best of my knowledge and belief. 0
E
Executed this /i day of lett, 2016.Ronto Orange Blossom,L.L.C.,a Florida limited
liability company, °
a)
B
y . 'e!-
Anthony o omon,Managing Member o
SWORN TO and SUBSCRIBED before me by the Affiant,on this/54:--/ , day oft n, 2016,
J
—J
'r,� PHYLLIS M.BRITTON
commission#FF 945736
'' Expires April 7 2020 —� I c
��'' BawMdTlmTmroma ►r`*tary Public ateof Florida
Troy
PA‘))))6 A\ ALI Tri)f)
Typed Name of Notary Public
Personally Known X a,
0
Type Identification produced
c.9
0
z
2
Packet Pg. 1929
17.B.d
TESTIMONY OF ANTHONY SOLOMON,MANAGING MEMBER,
RONTO ORANGE BLOSSOM,L.L.C.
1. Please state your name and business address.
Anthony Solomon
3066 Tamiami Trail North, Suite 201,Naples,FL 34103
2.By whom are you employed and in what capacity? o
I am a managing member of Ronto Orange Blossom, L.L.C., in addition to being the
Executive VP and Owner of the Ronto Group, Inc.
3.Please describe your duties in this position. a,
ca
I oversee the management and development the land owned by RP Orange Blossom
Owner, L.L.C.,and report to RP Orange Blossom Owner, L.L.C.
4. Please describe your experience and credentials, including your current
employment. ai
1 am the Executive VP and Owner of the Ronto Group, Inc., and have experience o
developing large scale master planned communities,high-rises,and mid-rises in Southwest
Florida.
a)
5. How long have you held this position? a
I have served as managing member of Ronto Orange Blossom, L.L.C. since June of 2014. a�
6. Are you generally familiar with the geographic areas, type, and scope of
development and the available services and facilities within the proposed Community O
Development District to be known as Orange Blossom Groves Community
Development District?
Yes, I am.
z
7.Please describe your involvement with the Petition for an Ordinance to Establish
the Orange Blossom Groves Community Development District("Petition")?
I have been involved with the Petition in my capacity as managing member of Ronto
Orange Blossom, L.L.C.,which is the manager of the applicable property.
8.Have you reviewed the contents of the Petition?
1
Packet Pg. 1930
17.B.d
Yes, I have.
9.Are there any changes or corrections to any of the Exhibits attached to the Petition
at this time?
No,none are required at this time.
0
10. Are the contents of the Petition and Exhibits true and correct to the best of your
knowledge? 2
E
Yes, they are.
O
11. In response to this Petition,what action has Collier County Taken? °°
a)
Collier County Staff reviewed the petition in accordance with factors set forth in Chapter
190.005(1)(e),Florida Statutes and recommended that the Board of County Commissioners
of Collier County, Florida considers adopting an ordinance establishing the proposed
Orange Blossom Groves CDD.
J
12. Approximately how large is the land area proposed to be in the Orange Blossom
Groves CDD? a
O
The land area proposed to be within the Orange Blossom Groves CDD is approximately
89.98+/-acres.
13.Who are the Owners of the proposed land to be included in the Orange Blossom °'
Groves CDD?
0
RP Orange Blossom Owner, LLC is the owner of the land within the proposed Orange
Blossom Groves CDD. ca
m
0
14. Have the Owners Provided and Affidavit of Ownership and Consent to the
Creation of the Orange Blossom Groves CDD?
U
Yes,they have. a
15.Does this conclude your testimony?
Yes,it does.
2
Packet Pg. 1931
17.B.d
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER o
0
y
IN RE: PETITION TO ESTABLISH THE )
ORANGE BLOSSOM GROVES COMMUNITY ) o
DEVELOPMENT DISTRICT ) N
0
FL
ai
AFFIDAVIT ADOPTION WRITTEN, PRE-FILED TESTIMONY
0
t-
STATE OF FLORIDA
COUNTY OF PALM BEACH
J
J
1, Michal Szymonowicz, Director of Financial Services of Wrathell, Hunt and Associates, LLC, a of
Florida corporation, being duly sworn, do hereby state for my affidavit as follows:
E
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Michal Szymonowicz and I am the Director of Financial Services of C/
Wrathell, Hunt and Associates, LLC, a Florida corporation. a
i
3. The prepared, written, pre-filed testimony, submitted under my name to Collier o
County relating to the establishment of the Orange Blossom Groves Community
Development District, and attached hereto, is true and correct. 0°
0
4. If I were asked the questions contained in the pre-filed testimony orally at the Orange
Blossom Groves Community Development District establishment hearing on
November 15th, 2016, 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 Orange Blossom Groves 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
Packet Pg. 1932
17.B.d
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 27th day of September, 2016 by Michal Szymonowicz, Director of
Financial Services of Wrathell, Hunt and Associates, LLC, a Florida corporation,
By I W`(j� L.,
Michal Szymon4wicz o
Director of Financial Services
E
SWORN TO and SUBSCRIBED before me by the Affiant, on this 27th, day of September, 2016.
ca
Daphne GiMyerd ,0L
.i' NOTARY PUBLIC
O
SIA �� A Notary Public State of lorida
Can FF899542 a,
Expires 8/20/2019 DA-PHA)& L UJ A-11-6
Typed
'-
Typed Name of Notary Public
ersonally Known E
Type Identification produced
a)
F-
I
a)
Cr.
C7
Ca
2
Packet Pg. 1933
17.B.d
TESTIMONY OF MICHAL SZYMONOWICZ
1. Please state your name and business address.
My name is Michal Szymonowicz. My business address is 2300 Glades Road, Suite
410W, Boca Raton, Florida 33431.
2. By whom are you employed and in what capacity? o
I am the Director of Financial Services of Wrathell,Hunt & Associates, LLC.
2
3. And what is the nature of your firm's business? t�
E
Our firm provides management and advisory services to community development
districts, special districts, and local governments throughout the State of Florida and other
states in the Southeastern United States. CD
c
ct
4. Please describe your experience and credentials, including your current
employment.
CS)
Over the course of my career spanning 17 years, I have served as Methodology
Consultant and Assessment Roll Coordinator for over 80 community development a
districts throughout the State of Florida and administered the issuance of in excess of
$500,000,000 in tax exempt bonds.
5. Please describe your educational background, with degrees earned, major areas
of study,year of degree, institutions attended.
a)
Master of Business in Economics from Florida Atlantic University and Bachelor of Arts
in Economics from Florida Atlantic University. ai
0
6. Do you hold any professional designations or certifications?
No, I do not. O
7. Are you a member of any professional association?
co
Yes, I am a member of the Florida Government Finance Officers Association.
8. Prior to your current employment, by whom were you employed and in what
position?
Severn Trent Service, Inc. as Senior Financial Analyst.
1
Packet Pg. 1934
17.B.d
9. Have you previously worked with other CDD petitions? Have you previously
prepared a Statement of Regulatory Costs ("SERC")?
Yes, I have prepared numerous petitions and Statements of Estimated Regulatory Costs.
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?
0
t7
I have prepared financial forecasting, bond forecasting, capital and operating budgets, E
special assessment methodologies,petitions for establishment, expansion, contraction and
dissolution of special districts, Statements of Estimated Regulatory Costs and o
administered assessment rolls. 00
as
12. Where in Florida are the districts with which you have worked?
Throughout my career, I have worked in virtually all parts of Florida, from the
Panhandle,to NE Florida, Central Florida, SW Florida and SE Florida
J
13. Please list the proceedings in which you have been qualified as an expert witness d
regarding the establishment (including contractions and/or additions to) of CDDs
and the operation and management of CDDs.
A recent partial list includes:
• Bella Venetia Community Development District -a�
• Toscana Isles Community Development District '
• Grand Haven Community Development District
• Creekside at Twin Creeks Community Development District o
• Twin Creeks North Community Development District
0
14. Do you consider yourself and expert in economic analysis and forecasting in
regard to CDDs?
E
Yes, I do. m
z
15. Are you familiar with the geographical areas, type, and scope of development
and the available services and facilities within the Orange Blossom Groves CDD?
Yes, I am.
16. Are you familiar with the Petition filed to establish the Orange Blossom Groves
CDD?
2
Packet Pg. 1935
17.B.d
Yes. I am.
17. What has been your role with respect to the Petition to Establish ("Petition") the
Orange Blossom Groves Community Development District (the "Orange Blossom
Groves CDD")?
I coordinated the preparation of the petition, drafted the main petition body text, drafted
the Statements of Estimated Regulatory Costs and drafted the proposed ordinance to
a
establish the District. a
cn
18. Please generally describe each of the exhibits attached to the Petition. o
(..9
• Exhibit 1 A provides the legal description of the external boundaries of the o
District. N
N
o
• Exhibit 1B provides the location map for the District, outlines the boundaries of in-
the District and illustrates that there is no real property within the proposed a)
external boundaries of the District that is excluded from the District. c
ct
• Exhibit 2 lists the land proposed to be part of the District by Parcel ID number, its o`
owner name and address information, as well as contains the written consent form r.-
to the establishment of the District by the owner of 100% of the real property to 0
be included in the District. `r
0 • Exhibit 3 is the map of the District showing existing major trunk water mains and Q
sewer interceptors and outfalls. (1)1
• Exhibit 4A contains the proposed timetable for the construction of the proposed _
District improvements. E
• Exhibit 4B contains the estimated cost of constructing proposed District 7a
improvements. 1-1
• Exhibit 5 contains the proposed future general distribution, location, and extent of a)
the public and private land uses within the District, as designated on the current L
Collier County Future Land Use Map. a1
• Exhibit 6 is the Statement of Estimated Regulatory Costs. a
• Exhibit 7 is a proposed form of ordinance to establish the Orange Blossom 0
Groves Community Development District. Ca
..
C
19. Are the contents of the Petition and the exhibits attached to it true and correct to (I)
the best of your knowledge as of the date your prepared testimony is filed? c
m
r
Yes, they are. a
20. Why is RP Orange Blossom Owner, LLC petitioning for an ordinance to
establish the Orange Blossom Groves CDD?
RP Orange Blossom Owner, LLC is petitioning for an ordinance to establish the Orange
Blossom Groves CDD because based on the review of available alternatives conducted
0 by its consultants, it believes that establishing a Community Development District for the
3
Packet Pg. 1936
I
17.B.d
residential development of Orange Blossom Groves is the most timely, efficient,
effective, responsive, and economic way to deliver public infrastructure and services,
providing a solution to the state and local planning, management, and financing needs for
delivery of capital infrastructure to serve land development without overburdening other
governments and their taxpayers.
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 Orange Blossom Groves CDD in particular.
21. Based on your experience in CDD management, do you have an opinion as to
whether the proposed Orange Blossom Groves CDD is of sufficient size, sufficient c
compactness, and sufficient contiguity to be developed as a functionally interrelated 0
community?
Yes, and my opinion is that the proposed Orange Blossom Groves CDD is of sufficient
size, sufficient compactness, and sufficient contiguity to be developed as a functionally Co
interrelated community.
22. What is the basis for your opinion?
o)
The proposed Orange Blossom Groves CDD at approximately 89.98 +/- acres
encompasses enough area and is compact and contiguous to allow for development as a
functionally interrelated community. The area lends itself to effective delivery of
infrastructure and services for the proposed 235 residential units and the number of units
and configuration lends itself to the efficient delivery of such infrastructure and services.
23. Based on your experience, do you have an opinion as to whether the Orange
Blossom Groves CDD is the best alternative available to provide community
development services and facilities to the area that will be served?
Yes, and my opinion is that the Orange Blossom Groves CDD is the best alternative ❑i
available to provide community development services and facilities to the area that will ❑
be served. m
0
24. What is your opinion and the basis for it?
E
A CDD provides the property owners with an alternative mechanism of providing public
services, however, special assessments and other impositions levied by the District and z
collected by law represent the transactional costs incurred by landowners as a result of
the establishment of the District. Such transactional costs should be considered in terms
of costs likely to be incurred under alternative public and private mechanisms of service
provision, such as other independent special districts, County or its dependent districts, or
County management but financing with municipal service benefit units and municipal
service taxing units, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
4
Packet Pg. 1937
17.B.d
With
regard to the public services delivery, dependent and other independent special
g
districts can be used to manage the provision of infrastructure and services, however,
they are limited in the types of services they can provide,and likely it would be necessary
to employ more than one district to provide all services needed by the development.
Other public entities, such as counties or cities, are also capable of providing services,
however, their costs in connection with the new services and infrastructure required by
the new development and, transaction costs, would be borne by all taxpayers, unduly
burdening existing taxpayers. Additionally, other public entities providing services would o
also be inconsistent with the State's policy of"growth paying for growth". w
CD
their o
Lastly, services and improvements could be provided by private entities. However, cs
interests are primarily to earn short-term profits and there is no public accountability. o
The marginal benefits of tax-exempt financing utilizing CDDs would cause the CDD to 0
utilize its lower transactional costs to enhance the quality of infrastructure and services. °
En
a)
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to c
be included within the District will receive three major classes of benefits. o
N.
First, those residents in the District will receive a higher level of public services which in a)
most instances will be sustained over longer periods of time than would otherwise be the
J
case. J
0ai
Second, a CDD is a mechanism for assuring that the public services will be completed v
concurrently with development of lands within the development. This satisfies the 0
revised growth management legislation, and it assures that growth pays for itself without t
undue burden on other consumers. Establishment of the District will ensure that these F
landowners pay for the provision of facilities, services and improvements to these lands. al
w
Third, a CDD is the sole form of local governance which is specifically established to a
provide District landowners with planning, construction, implementation and short and ®l
o
long-term maintenance of public infrastructure at sustained levels of service.
0
m
The cost impact on the ultimate landowners in the development is not the total cost for 0
the District to provide infrastructure services and facilities. Instead, it is the incremental E
costs above, if applicable, what the landowners would have paid to install infrastructure E
via an alternative financing mechanism. co
Zi
Consequently, a CDD provides property owners with the option of having higher levels
of facilities and services financed through self-imposed revenue. The District is an
alternative means to manage necessary development of infrastructure and services with
related financing powers. District management is no more expensive, and often less
expensive,than the alternatives of various public and private sources.
I
0
I
I
1
5
I Packet Pg. 1938
17.B.d
25. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by the Orange Blossom Groves CDD will be compatible
with the land uses and existing local and regional facilities and services?
Yes, and my opinion is that the Orange Blossom Groves CDD will be compatible with
the land uses and existing local and regional facilities and services.
26. What is your opinion and the basis for it?
The services that the Orange Blossom Groves CDD will provide with support the
development of the property within the District. A CDD, unlike a POA, will adhere to (.)
higher governmental standards and procedures because it operates as government to E
ensure public oversight and in being conscious of the economic impact on its assessment
payers, it will avoid the costly duplication and incompatibility of its services with those E
of other local and regional facility and service providers. The Petitioner expects that the
District will fund the provision of storm water management, water, sewer, and o
landscaping buffers/security for the development, with the storm water management and
landscaping buffers/security ultimately owned and maintained by the CDD and the water c'
and sewer utilities either owned and maintained by the CDD, Orange Tree Utilities or
appropriate Collier County utility agency. However, there will be no overlap or
incompatibility, as the facilities either do not yet exist, or exist in a manner consistent
with the regional facilities and services.
J
27. Based on your experience, do you have an opinion as to whether the area to be
included within the Orange Blossom Groves CDD is amendable to being served by a
separate special district government?
Yes, and my opinion is that the Orange Blossom Groves CDD is amendable to being
served by a separate special district government.
CD
tr
28. What is the basis for your opinion? a
i
0
(a) Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the
effective Collier County Comprehensive Plan, as amended or any applicable elements or 0
portions of the state comprehensive plan.
(b) The land within the boundaries of the proposed District is of sufficient size and is co
sufficiently compact and contiguous to be developed as one functional interrelated
community. a
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and
facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (i) the District
provides a governmental entity responsible for delivering those services and facilities in a
manner that does not financially impact persons residing outside the District, (ii) the Act
6
Packet Pg. 1939
3 17.B.d
authorizes a community development district to acquire infrastructure improvements
previously constructed by qualified developers within the District or allows for a
community development district to, in the first instance, construct such infrastructure
improvements, (iii) the timing for the establishment of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction
and acquisition of such infrastructure improvements which results in direct benefit to the
landowners within the District, (iv) establishment of a community development district in
conjunction with a comprehensively planned community, as proposed, allows for a more
efficient use of resources as well as providing the opportunity for new growth to pay for o
itself, and (v) establishment of the District will provide a perpetual entity capable of o
ca
making reasonable provisions for the operation and maintenance of many of the District
0
services and facilities. o
0
0
Turning to the economic exhibits and opinions, we will begin addressing portion of E
the Petition to Establish the Orange Blossom Groves CDD boundaries that relate to 0
certain economic analysis matters, including the exhibits and your expert opinions 0
E
on economic analysis issues. a)
c
29. Are you familiar with the SERC? o
N2
Yes, I am. c)
of
30.How familiar? JJ
N�
I am very familiar with the SERC as I am the person who has prepared the SERC. a2
c
0
E
31. Are there any corrections required? f
0
iF-
No, none are required at this time. 0�
W.--
l 32. In general terms, please summarize the economic analysis you have presented in a
i the SERC. of
U
The requirements of the SERC are outlined in Section 120.541(2), F.S., and generally m
2 consist of: 0
(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 E
, or employment, or private sector investment in excess of $1 million in the aggregate 0
"1 within 5 years after the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability
of persons doing business in the state to compete with persons doing business in other
states or domestic markets, productivity, or innovation in excess of $1 million in the
2 aggregate within 5 years after the implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of
$1 million in the aggregate within 5 years after the implementation of the rule.
C
7
Packet Pg. 1940
17.B.d
(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 or local revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local government entities, required to comply with the
requirements of the rule. As used in this section, "transactional costs" are direct costs
that are readily ascertainable based upon standard business practices, and include filing
fees, the cost of obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule, additional operating >
0
costs incurred, the cost of monitoring and reporting, and any other costs necessary to 0
comply with the rule. E
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an
analysis of the impact on small counties and small cities as defined in s. 120.52. The o
impact analysis for small businesses must include the basis for the agency's decision not
to implement alternatives that would reduce adverse impacts on small businesses.
(Collier County, according to Census 2010, has a population of 321,520; therefore, it is 0
not defined as a small County for the purposes of this requirement.)
(f) Any additional information that the agency determines may be useful. a
(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. ai
0
Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S.
33. Please describe briefly the data and methodology you used in preparing the
SERC and related analysis. a
i
0
The data used in the preparation of the SERC was compiled from the Petitioner, an
Engineer hired by the Petitioner and our expertise with other CDDs. The data was U
analyzed by using standard methodologies in the CDD industry and consistent with the 0
requirements outlined in Section 120.541(2), F.S.
E
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 the Q
Orange Blossom Groves CDD is inconsistent with any applicable element or portion
of the State Comprehensive Plan?
34. What is your opinion?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the questions pertaining to the matter of whether the establishment of the
8
Packet Pg. 1941
17.B.d
Orange Blossom Groves CDD is inconsistent with any applicable element or portion of
the State Comprehensive Plan.
35. What is the basis for that opinion?
n/a
36. What is Subject 15 and why is it relevant?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
0
37. What is Subject 20 and why is it relevant? 2
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the N
Petitioner on the question above. o
m
a)
38. What is Subject 25 and why is it relevant? a
O
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above. rn
39. Are there any other subjects within the State Comprehensive Plan which are
relevant? Qi
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
40. Do you have an opinion, as someone with expertise in planning, as to whether al
the establishment of the Orange Blossom Groves CDD is inconsistent with any
applicable element or portion for the Collier County Comprehensive Plan? a
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
0
41. What is that opinion? a
E
lila s
ca
42. What is the basis for this opinion?
n/a
43. Does this conclude your testimony?
Yes, it does.
9
Packet Pg. 1942
(aao senoao wosso18 a6uwo : L961.) -11Vsaiuowasal Peivid aoaoso :;uewyoe;}y M
m c
ti
a
w
m
c,)
as
BEFORE THE BOARD OF COMMISSIONERS a l
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM GROVES COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE-FILED
TESTIMONY
STATE OF FLORIDA w
COUNTY OF COLLIER
,
I, Carl Anthony Barraco, President of Barraco and Associates, Inc., a Florida
Corporation,being duly sworn, do hereby state for my affidavit as follows:
a
1. I have personal knowledge of the matters set forth in this affidavit. h
1
2. My name is Carl Anthony Barraco and I am President of Barraco and 1,
Associates, Inc., a Florida corporation.
i
3. The prepared, written, pre-filed testimony, submitted under my name to
Collier County relating to the establishment of the Orange Blossom Groves a
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
Orange Blossom Groves Community Development District establishment
hearing on November 15, 2016, my oral answers would be the same as the 1
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 Orange Blossom Groves 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.
4114ik,
1
i
(o®0 sano.10 wosso18 afue.r0 : £961.) 11v se!uow!;sal Pal!Jaid a00090 :#uewyoefl
V
co
ti
t— LI
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.
Executive this day of (11- , 20 ) by , a Florida
corporation, its general partner,
By
SWORN TO and SUBSCRIBED before me by the Affiant, on this 3- , day of al ,
20 I t ,
.•„ AMY FUNtA1NE --
Notary Public-State of Florida
. y Commission#FF 898923
'���"oma; My Comm.Expires Aug 16,2019 I tart'Public State of Florida
;+;d`�P Bonded through Assn.
,. National Notary
Amy Fontaine
Typed Name of Notary Public
Personally Known X
Type Identification produced
2
(am sanoao uaosso18 aBueJO : L961.) liv sa!uou Rsei pairjaid ao308o :3ueLug e;;y
ai
TESTIMONY OF Carl A. Barraco, P.E.
a.
1. Please state your name and business address.
0
CL
My name is Carl Anthony Barraco and my business address is 2271 McGregor Boulevard, Fort Myers,
Florida 33901.
2. By whom are you employed and in what capacity?
I am employed by Barraco and Associates,Inc. as President.
3. And what is the nature of your firm's business?
The Firm provides Professional Engineering, Planning and Land Surveying services.
4. Please describe your experience and credentials, including your current employment.
I am the principal in the firm and I am responsible for my own, and overseeing others, engineering
projects.
5. Please provide your professional background,with degrees earned, major areas of study,
year of degree, and institutions attended.
I received a Bachelor of Science in Civil Engineering and a Master's Degree in Civil Engineering both
from the University of South Florida.
6. Do you hold any professional designations or certifications?
I am a licensed Professional Engineer in the State of Florida.
7. Are you a member of any professional associations?
I am a member of the Florida Engineering Society, the American Society of Civil Engineers and the
National Society of Professional Engineers.
8. Prior to your current employment,by whom were you employed and in what position?
I have been involved in the design of civil infrastructure in southwest Florida for the past 3o years (16
years with Barraco and Associates, Inc. and 14 years with Johnson Engineering, Inc.). My experience
has been focused primarily on public and private infrastructure including roadways, stormwater
management,potable water distribution systems and sanitary collection systems.
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 been involved in and responsible for the design and construction of many land development
projects during the last 3o years. Almost every project has some type of public facility improvement
associated with it such as roadway improvements or extensions of sewer and water lines. In addition, I
have been involved in several large community development district projects and involved in the design
and construction of public facilities for numerous municipalities and special districts in Southwest
1
II
(MO seioao wossoIg 96110.10 : L961.) 11tf seiuowllsa.pafilald aaoogo :luewyoelltt m
00 Florida. This includes stormwater, roadways, sewer and water facilities, recreational facilities and other
public facilities. Our firm has been involved in the establishment of several Community Development a
Districts and has served as District Engineer for over i6 CDD's. Y
11. Do you consider yourself an expert in civil engineering, capable of rendering expert a
opinions on CDDs, and specifically on infrastructure for CDD services?
Yes
12. What has been you role with respect to the Petition to Establish ("Petition") Orange
Blossom Groves Community Development District("OBG CDD")?
Assistance with all aspects to date relative to Civil Engineering within the proposed District boundary.
13. Are you familiar with the Petition filed to establish Orange Blossom Groves CDD?
Yes
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at this time?
Not to my knowledge
16. Are there any changes or corrections to any of the exhibits attached to the Petition at this
time?
Not to my knowledge
17. Are you generally familiar with the geographical areas, type, and scope of development
and the available services and facilities within the OBG CDD?
Yes
18. Please provide us with a brief description of OBG CDD boundaries and location?
Located on the south side of Oil Well Road north and east of the Orange Tree PUD and west of
the Golden Gate Canal. More specifically, the CDD is bound to the west and south by the
Orange Tree PUD (Valencia development), to the east by Golden Gate Canal and to the north
by the lakes constructed as part of the existing Groves at Orange Blossom development and
Oil Well Road.
19. Please describe Exhibit"B" (i.e.,location map); Exhibit"A" sketch and metes and bounds
legal description of the boundaries of District:; and Exhibit 3 (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 B Location Map identifies the District Boundaries located in Collier County Florida. Exhibit A
is a legal description of the boundaries of the District as prepared by a Professional Surveyor and
Mapper registered in the State of Florida. This Exhibit sufficiently identifies the specific District
Boundaries. Exhibit 3 generally describes the proposed infrastructure to provide water, sanitary sewer
and storm water management within the proposed District.
2
(aaa sanoac wosso1g a6ue.a0 : L961.? 1iv seiuouailseJ pallJeid aao eo :luewJ.pelly
d'
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? a
Yes
aI
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
OBR CDD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed OBG CDD
is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a
functionally interrelated community?
Yes
22. What is your opinion?
The proposed District is of sufficient size, compactness and sufficient contiguity to be developed and
serve with the infrastructure systems,facilities and services as a full functional interrelated community.
23. What is the basis for your opinion?
The District is of sufficient size, compactness and contiguity to be developed with infrastructure
systems,facilities, and services as one functionally interrelated community.
24. Based on your experience, do you have an opinion as to whether OBR 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?
Based on my experience, the community development district approach is the best alternative for
providing necessary community development services and facilities to the area to be served by the
District,therefore creating self-sufficient development.
26. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by OBG 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 services and facilities to be provided by the District are not incompatible, and
in fact is fully compatible, with the capacities and uses of existing local and regional community
development facilities,and with those provided by the District. There will be no duplication of service.
28. Based on your experience, do you have an opinion as to whether the area to be included
within OBR CDD is amenable to being served by a separate special district government?
Yes
29. What is the basis for your opinion?
3
(003 sanOJ0 wosso18 a6ueJp : 2.961.) 11V sa!uownsal pa!!;aad-333Je0 :lueuay3elly co
-a rn
m
My opinion is that the area is amenable to being served by a separate special district government. a
15
..
U
3o. Turning now to the state and local comprehensive plan criteria of Section a
190.005(1)(e)2., do you have an opinion as to whether the establishment of OBG CDD is
inconsistent with any applicable element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
The establishment of OBG CDD 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, the applicable portions of the State
Comprehensive Plan that relate to the establishment and continued existence of a community
development district. In Chapter 187 of the Florida Statutes,the State Comprehensive Plan has adopted
25 goals to guide future growth of the State.The establishment of OBR CDD would directly aid the State
in meeting several specific goals set forth in Chapter 187. The subjects that are most relevant are
elaborated on below.
33. What is Subject 15 and why is it relevant?
Subject 15 is a land use goal adopted by the legislature as the State Comprehensive Plan. It aims to
direct development to areas "which have in place, or have agreements to provide, the land and water
Cresources, fiscal abilities, and service capacity to accommodate growth in an environmentally
acceptable manner." Community development districts are designed to meet this State goal by
providing the financial means to build and maintain the necessary infrastructure in areas that can
accommodate growth. The proposed development will be in accordance to land development
regulations enacted to ensure environmentally responsible development. Under subject 15, the State
has enacted policy(b)i to"Promote state programs, investments, and development and redevelopment
activities which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce." A community development district meets this criteria; citing
Section 190.002(1)(a) of the Florida Statutes, "... an independent district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
solution to the state's planning, management, and financing needs for delivery of capital infrastructure
in order to service projected growth without overburdening other governments and their taxpayers".
i
34. What is Subject 20 and why is it relevant?
Subject 20 is a governmental efficiency goal adopted by the legislature as the State Comprehensive Plan
aiming to maximize efficiency within government by promoting intergovernmental communication and
cooperation. It is not particularly relevant.
35• You also mentioned Subject 25. What is this and why is it relevant?
Subject 25 is a plan implementation goal calling for systematic planning capabilities to be integrated
into all levels of Florida government. The proposed community development district would be a
government framework created to systematically plan the construction, operation, and maintenance of
public improvements and community facilities authorized under Chapter 19o, F.S. The goal also aims
to maximize citizen involvement. The structure of the proposed community development district
encourages public input by hosting a public meeting each month in the neighborhood.
4
((am senoao wosso�g e6uea® L964) 11`d se!uowgsal peI!4aid aa399O :}uauayoe;ty
7
m rn
36. Are there any other subjects within the State Comprehensive Plan which are relevant?
a
Subject 17, which is in regard to public facilities, is also relevant. The State's goal to "plan for and d
finance new facilities to serve residents in a timely, orderly, and efficient manner" is in accordance to E
the purpose of a community development district. Under Subject 17,the State has enacted policy(b)4 to a
"Create a partnership among state government, local governments, and the private sector which would
identify and build needed public facilities and allocate the costs of such facilities." The proposed
community development district would be a partnership with the local government to allow the private
sector to build the needed public facilities and"allocate the costs of new public facilities on the basis of
the benefits received by existing and future residents", as advocated for in policy(b)3 of Subject 17.The
proposed new public facilities can be built without additional financial burden being placed on the
existing residents and landowners/taxpayers within Collier County.
37. Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of OBG CDD is inconsistent with any applicable element or portion of the
Collier County Comprehensive Plan?
Yes
38. What is your opinion?
The establishment of OBG CDD is not inconsistent with any applicable element or portion of the Collier
County Comprehensive Plan.
39. Does this conclude your testimony?
Yes
5
(aao sanOJo Luossol$ a6ueJo : L961.) liy saluoua jsel peI!Jaid aaoo90 :1uauayoefly
v rn
m
a
d
V
a
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM GROVES COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE-FILED
TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER '
I, Wesley Scott Kayne, Professional Engineer at Barraco and Associates, Inc., a Florida
Corporation,being duly sworn, do hereby state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
p
2. My name is Wesley Scott Kayne and I am a Professional Engineer at Barraco
and Associates, Inc., a Florida corporation.
3. The prepared, written, pre-filed testimony, submitted under my name to
Collier County relating to the establishment of the Orange Blossom Groves
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
Orange Blossom Groves Community Development District establishment
hearing on November 15, 2016, 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 Orange Blossom Groves 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
1g
(aao sanoa0 wosso18 eBuei0 : L961.) lib' saiuowi;sal peti4eJd a0908o luewgoe;;y
13
m'
r Lim
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.
Executive this 3 day of ( „1--, 20 1 4 . by , a Florida
corporation,its general partner,
I
By
SWORN TO and SUBSCRIBED before me by the Affiant, on this 3 , day of " ,
20Alt__,
l
.8.-?:
,p;, . AMYFUNTAINE
r 8.-?:..`,,, Notary Public-Sfate of Florida je-44-tti../",4-`.
`•` = otary Public State of Florida
• Commission� FF 898923
,, iii T.':oc My Comm.Expires Aug 16,2019
i? ' Bonded through National Notary Assn.
Amy Fontaine
Typed Name of Notary Public
Personally Known X
Type Identification produced
2
(cm SeA0.10 mosso18 e6ue.1O L9641� f—seuouws;sa — e e as —Qa�080uaua oe;;y N
4
� rn
TESTIMONY OF Wesley S. Kayne,P.E.
a
i. Please state your name and business address.
a
My name is Wesley Scott Kayne and my business address is 2271 McGregor Boulevard, Fort Myers,
Florida 33901.
2. By whom are you employed and in what capacity?
I am employed by Barraco and Associates,Inc. as a Professional Engineer.
3. And what is the nature of your firm's business?
The Firm provides Professional Engineering,Planning and Land Surveying services.
4. Please describe your experience and credentials, including your current employment.
I am a Professional Engineer at the firm and I am responsible for my own, and overseeing others,
engineering projects.
5. Please provide your professional background,with degrees earned, major areas of study,
year of degree, and institutions attended.
I received a Bachelor of Science in Civil Engineering from Florida Gulf Coast University in 2012.
6. Do you hold any professional designations or certifications?
I am a licensed Professional Engineer in the State of Florida.
7. Are you a member of any professional associations?
I am a member of the Florida Engineering Society and the National Society of Professional Engineers.
8. Prior to your current employment,by whom were you employed and in what position?
I have been involved in the design of civil infrastructure in southwest Florida for the past 10 years (all
with Barraco and Associates, Inc.). Previous positions at Barraco and Associates, Inc. included: design
technician and design engineer. My experience has been focused primarily on public and private
infrastructure including roadways, stormwater management, potable water distribution systems and
sanitary collection systems.
9. Do you consider yourself an expert in civil engineering?
Yes
to. Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts?
I have been involved in and responsible for the design and construction of many land development
projects during the last 10 years. Almost every project has some type of public facility improvement
associated with it such as roadway improvements or extensions of sewer and water lines. In addition, I
have been involved in several large community development district projects and involved in the design
and construction of public facilities for numerous municipalities and special districts in Southwest
Florida. This includes stormwater, roadways, sewer and water facilities, recreational facilities and other
1
(aao sem:up uaosso18 a6ueJO L960 liv sa!uoua!;sal pa!!Iaad ao0Je0 :tuewgoe;�y
m rn
public facilities. Our firm has been involved in the establishment of several Community Development
Districts and has served as District Engineer for over i6 CDD's. a
.1140
11. Do you consider yourself an expert in civil engineering, capable of rendering expert "
opinions on CDDs, and specifically on infrastructure for CDD services? a
Yes
12. What has been you role with respect to the Petition to Establish ("Petition") Orange
Blossom Groves Community Development District("OBG CDD")?
Assistance with all aspects to date relative to Civil Engineering within the proposed District boundary.
13. Are you familiar with the Petition filed to establish Orange Blossom Groves CDD?
Yes
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at this time?
Not to my knowledge
16. Are there any changes or corrections to any of the exhibits attached to the Petition at this
time?
Not to my knowledge
17. Are you generally familiar with the geographical areas, type, and scope of development
and the available services and facilities within the OBG CDD?
Yes
18. Please provide us with a brief description of OBG CDD boundaries and location?
Located on the south side of Oil Well Road north and east of the Orange Tree PUD and west of
the Golden Gate Canal. More specifically, the CDD is bound to the west and south by the
Orange Tree PUD (Valencia development), to the east by Golden Gate Canal and to the north
by the lakes constructed as part of the existing Groves at Orange Blossom development and
Oil Well Road.
19. Please describe Exhibit"B" (i.e.,location map); Exhibit"A" sketch and metes and bounds
legal description of the boundaries of District:; and Exhibit 3 (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 B Location Map identifies the District Boundaries located in Collier County Florida. Exhibit A
is a legal description of the boundaries of the District as prepared by a Professional Surveyor and
Mapper registered in the State of Florida. This Exhibit sufficiently identifies the specific District
Boundaries. Exhibit 3 generally describes the proposed infrastructure to provide water, sanitary sewer
and storm water management within the proposed District.
2
(aa3 sano.i0 wosso18 a6ue.iO : L964) livsaluowilsei PalVid 000980 :luawyaelltl
rn
2o. Are the contents of the Petition and exhibits attached to it true and correct to the best of
En
your knowledge as of the date your prepared testimony is filed? a
Yes cau
a
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
OBR CDD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed OBG CDD
is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a
functionally interrelated community?
Yes
22. What is your opinion?
The proposed District is of sufficient size, compactness and sufficient contiguity to be developed and
serve with the infrastructure systems,facilities and services as a full functional interrelated community.
23. What is the basis for your opinion?
The District is of sufficient size, compactness and contiguity to be developed with infrastructure
systems,facilities, and services as one functionally interrelated community.
24. Based on your experience, do you have an opinion as to whether OBR 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?
Based on my experience, the community development district approach is the best alternative for
providing necessary community development services and facilities to the area to be served by the
District,therefore creating self-sufficient development.
26. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by OBG CDD will be compatible with the uses and existing local
and regional facilities and services? j
Yes
27. What is your opinion and the basis for it?
It is my opinion that the services and facilities to be provided by the District are not incompatible, and
in fact is fully compatible, with the capacities and uses of existing local and regional community
development facilities, and with those provided by the District. There will be no duplication of service.
28. Based on your experience, do you have an opinion as to whether the area to be included
within OBR CDD is amenable to being served by a separate special district government?
Yes
29. What is the basis for your opinion?
3
(ciao sanoao wasso18 a6uea0 : L961.) Tiv se!uowgsal paigaJd QQQJBo :luaunyoe;iv
oi
ti
My opinion is that the area is amenable to being served by a separate special district government. a
30. Turning now to the state and local comprehensive plan criteria of Section ems.
19o.005(1)(e)2., do you have an opinion as to whether the establishment of OBG CDD is
inconsistent with any applicable element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
The establishment of OBG CDD 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, the applicable portions of the State
Comprehensive Plan that relate to the establishment and continued existence of a community
development district. In Chapter 187 of the Florida Statutes, the State Comprehensive Plan has adopted
25 goals to guide future growth of the State. The establishment of OBR CDD would directly aid the State
in meeting several specific goals set forth in Chapter 187. The subjects that are most relevant are
elaborated on below.
33. What is Subject 15 and why is it relevant?
Subject 15 is a land use goal adopted by the legislature as the State Comprehensive Plan. It aims to
direct development to areas "which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an environmentally
acceptable manner." Community development districts are designed to meet this State goal by
providing the financial means to build and maintain the necessary infrastructure in areas that can
accommodate growth. The proposed development will be in accordance to land development
regulations enacted to ensure environmentally responsible development. Under subject 15, the State
has enacted policy(b)i to "Promote state programs, investments, and development and redevelopment
activities which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce." A community development district meets this criteria; citing
Section 19o.002(1)(a) of the Florida Statutes, "... an independent district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
solution to the state's planning, management, and financing needs for delivery of capital infrastructure
in order to service projected growth without overburdening other governments and their taxpayers".
34. What is Subject 20 and why is it relevant?
Subject 20 is a governmental efficiency goal adopted by the legislature as the State Comprehensive Plan
aiming to maximize efficiency within government by promoting intergovernmental communication and
cooperation. It is not particularly relevant.
35. You also mentioned Subject 25. What is this and why is it relevant?
Subject 25 is a plan implementation goal calling for systematic planning capabilities to be integrated
into all levels of Florida government. The proposed community development district would be a
government framework created to systematically plan the construction, operation, and maintenance of
public improvements and community facilities authorized under Chapter 190, F.S. The goal also aims
to maximize citizen involvement. The structure of the proposed community development district
encourages public input by hosting a public meeting each month in the neighborhood.
4
(aao senoic wosso18 o6ueJ® : L964) 11tf se!uow!lsol pal!}aid aaoo80 :luewyoelld co
to rn
°„°4 36. Are there any other subjects within the State Comprehensive Plan which are relevant?
r d
Subject 17, which is in regard to public facilities, is also relevant. The State's goal to "plan for and Y
finance new facilities to serve residents in a timely, orderly, and efficient manner" is in accordance to
the purpose of a community development district. Under Subject 17,the State has enacted policy(b)4 to 0-
"Create a partnership among state government, local governments, and the private sector which would
identify and build needed public facilities and allocate the costs of such facilities." The proposed
community development district would be a partnership with the local government to allow the private
sector to build the needed public facilities and"allocate the costs of new public facilities on the basis of
the benefits received by existing and future residents", as advocated for in policy(b)3 of Subject 17. The
proposed new public facilities can be built without additional financial burden being placed on the
existing residents and landowners/taxpayers within Collier County.
37. Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of OBG CDD is inconsistent with any applicable element or portion of the
Collier County Comprehensive Plan?
Yes
38. What is your opinion?
The establishment of OBG CDD is not inconsistent with any applicable element or portion of the Collier
County Comprehensive Plan.
39. Does this conclude your testimony?
Yes
5
...s yanaseneelemaamemeeemeameemeseam
10/18/2016 A:Main
17.B.e
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
, Notice is hereby given that the Collier County Board of Conroy Commissioners(the"Bogue)will hold
a public hearing on November 15,2016,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 Deveopment District to be known as the
Orange Blosserri Groves Community Development District by Collier County Ordinance pursuant to Section
1 - 190.005(2),Florida Statutes
The proposed District is comprised of approximately 89.98 acres and treated entirely within Collier County.
Florida,and generally located south of 1-75,south of Oil Well Road and east ofValencia Golf&Country Club,
as depicted on the map below, CI
CI
The proposed District, a special purpose government,is a wig' to provide infrastructure subject to the t..)
regulatory requirements of both the State of Florida and Collier County governing any misting or future lawful to
use and development of the land described below,and specifically governing the planning,implementation, a)
>
maintenance,and financing of basic community facilities,systems,and services which may be required of'
2
any such development consistent with principles of concurrent.",comprehensive planning,and development
permuting. 0
E
On August 5,2016,RP Orange Blossom Owner,LW(the"Petitioner"),filed its petition to establish the 0
proposed District(the"Petition")to Collier County,along with the applicatem-processing fee of S15,000 0
for review by the County..The Boards consideration of the Petition will comply with Sections 190.005(2)(h) ol
0
and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(2Xa)and(d)in conducting this hearing.
Ea
The purpose of this bearing is to consider the relationship of the petition to the six factors listed in Section
190.005(1)(e).Florida Stannes,and to determine whether Collier County will establish the Orange Blossom as
Groves Community Development District by adoption of an ordinance. CD
.
re
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 6-
of the County Clerk,Collier County,3299 Tamiami Trail East,Suite 401,Naples.Florida.and at the County
•Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Florida. t--
0
cn
All interested persons and affected units of general-purpose governmem shall he given an opportunity to e-
appestat the hearing arid present oral or written comments on the Petition.
s—
If a person decides to appeal any decision made by the Board of County Commissioners with respect to any "0
matter considered at such meeting or heating,he/she will need a reefed of that proceeding,and for such c:I
purpose to ensure that a verbatim record of the proceedings is made.,wit ch record includes the testimony and 6
evidence upon which the appeal is to be based. CI
) (.3
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, u)
you are entitled,at no cost to you,to the provision of certain assistance Please contact the Collier County
Facilities Management Division,located at 3335 Tamiami Trail East,State 101,Naples:Florida 34112-5356,
o
(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 COTUDASSiCRICTS Office. C.D
, E
o
1
to
., , .....„„.... „. . .. . ,...
v)
..ajo
a)
r3)
E c
, Co
, .
, en
...
' „ 0
.1
l *"`"ssa.ctici.. settoririARY
. cer
cc>
crer
. est
—J
October 18,October25,November 01 and November 011,2016
Orange Blossom.Groves Community Development District :SJ
c
BOARD OF COUNTY COMMISSIONERS cli
COLLIER COUNTY,FLORIDA E
DONNA FIALA,CHAIR
DWIGHT E BROCK.CLERK ea
e-r
October 18&zs,November 1&8,21116 No.1296593 'Z.(
-oaf 4.01011.111.111.,
,....
...,...._,,,... ...--,... ... ........,............, .......... ........,.
Tuesday, 10/18/2016 Pag.A08 (c)Naples Daily News
0
Packet Pg. 1957
10/26/2016 A:Main
17.B.f
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
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 November 15,2016,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
Orange Blossom Groves Community Development District by Collier County Ordinance pursuant to Section
190.005(2),Florida Statutes.
The proposed District is comprised of apprmtimately 89.98 acres and located entirely within Collier County,
Florida,and generally located south of 1-75,south of Oil Well Road and east of Valencia Golf&Country Club,
as depicted on the map below.
The proposed District,a special purpose government, is a way to provide infrastructure subject to the U
regulatory requirements of both the State of Florida and Collier County governing any aiming or future lawful in
use and developmem 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 O
any such tlevelopmem consistent with principles of concurrency,comprehensive planning.and development
permitting.
On August 5,2016,RP Orange Blossom Owner. LLC(the"Petitioner"),filed its petition ro establish the p
proposed District(the"Petition")to Collier Courcy, along with the application-processing fee of 515,000 U)
for review by the County. The Board's consideration of the Petition will comply with Sections 190.005(2)(b) O
and(c),Florida Statutes,as well as Sections 190.012(I)and 190.012(2)(a)and(d)in conducting this hearing. m
The purpose of this hearing is to consider the relationship of the petition to the six factors listed in Section
190.005(1 Xe),Florida Statutes,and to determine whether Collier County will establish the Orange Blossom
Groves Community Development District by adoption of an ordinance.
as
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 O
of the County Clerk,Collier County,3299 Tamiami Trail East,Suite 401,Naples,Ronda and at the County
Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples.Florida. r'
All interested persons and affected units of general-purpose government shall be given an opportunity to
appear at the hearing and present oral or written comments on the Petition.
N
If a person decides to appeal any decision made by the Board of County Commissioners with respect to any
matter considered at such meeting or heating,he/she will need a record of that proceeding,and for such
purpose to ensure that a verbatim record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal is to be based.
U you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled,at no cost to you,to the provision of certain assistance_ Please contact the Collier County
Facilities Management Division,located at 3335 Tamiami Trail East,Sure 101.Naples,Florida 34112-5356. O
(239)252-8380.at least tow(2)days prior to the meeting.Assisted listening devices for the hearing impaired s-
arc available in the Board of County Commissioners Office. C)
E
O
U)
N
O
EB"
N
tt
L
0
to
C)
O5-
COO BOUNDARY O
tp
r
O
N
J
October 18,October 25,November 01 and November 08,2016 C.
Orange Blossom Groves Community Development District ;,;
C
BOARD OF COUNTY COMMISSIONERS tU
COLLIER COUNTY,FLORIDA �C
DONNA FIALA.CHAIR
DWIGHT E.BROCK,CLERK v
October 18&25,November 1&8,2016 No.1296593
Tuesday, 10/25/2016 Pag.A14 (c)Naples Daily News
Packet Pg. 1958
11/1/2016 A:Main
17.B.g
PURI.RO'NOTICE PUBLIC NO'rICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that the Collier C'nunty Board of County Commissioners(the`Board")will hold
a public hearing on November 15,2016,commencing at 9:00 a.m.in the Board of County Commissioners
Chambers,Third Floor,Collier County Government Cetaer,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
Orange Blossom Groves Community Development District by Collier County Ordinance pursuant to Section
190.005(2),Florida Statutes.
The proposed District is comprised of approximately 89.98 acres and located entirely within Collier County,
Florida,and generally located eolith of 1-75,aooitr of Oil Well Road and east of Valencia Golf&Caumry Ctuh,
as depicted on the map below.
The proposed District_ a special purpose government, is a way to provide infrastructure subject to the 0
regulatory requirements of both the State of Florida and Collier County governing any misting or future lawful
use and development of the land described below,and specifically governing the planning,implementation,
maintenance,andfinancing of basic community facilities,systems,and services which may he required of p
any such development consistent with principles of concurrency,comprehensive planning,and development L
Psi . C9
On August 5,2016,RP Orange Blossom Owner,LLC(the"Petitioner"),filed its petition to establish the O
1 proposed District(the"Petition")to Collier County,along with the application-processing fee of$15,000
for review by the County. The Boardk consideration of the Petition will comply with Sections 190.005(2)(b) a
and(c),Florida Statutes,as well as Sections 190.012(1)and 190.012(20)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(I Xe),Florida Statutes,and to determine whether Collier County will establish the Orange Blossom a7
Groves Community Development District by adoption of an ord,sance.
tC
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 County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County
Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Florida_
tC>
O)
All interested persons and affected units of general-purpose government shall be given an opportunity to r'
appear at the hearing and present oral or written comments an the Petition.
If a person decides to appeal arty decision made by the Board of County Commissioners with respect to any 'r'3
natter considered at such meeting or hearing,he/she will need a record of that proceeding,and for such
purpose to ensure that a verbatim record of the proceedings is made,which record includes the testimony and �l
evidence upon which the appeal is to be based. Q
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
youare entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County d
Facilities Management Division,located at 3335 Tamianri 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 2
are available in the Board of County Commissioners Office. (�
N
O
f m
0)
0 BOUNDARY
r9
Y i r
CNI
October 18,October 25,November 01 and November 08,2016
Orange Blossom Groves Community Development District
BOARD OF COUNTY COMMISSIONERS
tv
COLLIER COUNTY,FLORIDA E
DONNA FIALA,CHAIR
DWIGHT E.BROCK,CLERK O
r6
October 18&25,November 1&8,2016 No.12%593
Tuesday, 11/01/2016 Pag.A08 (c)Naples Daily News
Packet Pg. '1959
17.B.h
PUBLIC NOTICE - PUBLIC NOTICE PUBLIC NOTICE
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 November 15,2016,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 0
Orange Blossom Groves Community Development District by Collier County Ordinance pursuant to Section t❑.1
190.005(2),Florida Statutes.
co
The proposed District is comprised of approximately 89.98 acres and located entirely within Collier County, >
Florida,and generally located south of 1-75,south of Oil Well Road and east of Valencia Golf&Country Club, o
as depicted on the map below. C9
The proposed District, a special purpose government, is a way to provide infrastructure subject to the E
regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful N
use and development of the land described below,and specifically governing the planning,implementation, W
A maintenance,and financing of basic community facilities,systems,and services which may be required of'i 2
> any such development consistent with principles of concurrency,comprehensive planning,and development ! m
permitting t)
a _
a On August 5..2016. RP Orange Blossom Owner. LLC(the"Petitioner"),filed its petition to establish the co
,5 proposed District(the"Petition")to Collier County,along with the application-processing fee of 515,000 0
z for review by the County. The Board's consideration of the Petition will comply with Sections 190 005(2)(b) ,
o and(c),Florida Statutes,aswell as Sections 190,012(1)and 190.012(2)(a)and(d)in conducting this hearing. r„
`o Thea ose of this hearing is to consider the relationship of the petition to the six factors listed in Section to
3 190.005(1 Xe) ,Florida Statutes,and to determine whether Collier County will establish the Orange Blossom F2
m Groves Community Development District by adoption of an ordinance.
d
ao
r., A copy of the Petition and any of its documentation,including the statement of estimated regulatory costs in -p
o accordance with the requirements of Section 210.541,Florida Statutes,is available for review at the Office <
m of the County Clerk,Collier County,3299 Tamiami Trail East,Suite 401,Naples,Florida and at the County '
Z Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Florida. c--
a+ a)
4
Fa- All interested persons and affected units of general-purpose government shall be given an opportunity to Q
Oappear at the hearing and present oral or written comments on the Petition. _
a
4• If a person decides to appeal any decision made by the Board of County Commissioners with respect to any ❑
Z matter considered at such meeting or hearing, he/she will need a record of that proceeding,and for such ❑
es purpose to ensure that a verbatim record of the proceedings is made,which record includes the testimony and U
* evidence upon which the appeal is to be based. N
d
N
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, O
you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County 0
Facilities Management 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 Ec
are available in the Board of County Commissioners Office. 0
...,,�..,. 0
CO
C
ea
y.
0
ft w4S0 —
Inca«.-. .....
Q
Ta
t)
a)
J
CDD BOUNDARY C
a)
E
U
II
October 18,October 25,November 01 and November 08,2016 Q
Orange Blossom Groves Community Development District
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIR
DWIGHT E.BROCK,CLERK
October 18&25,November 1&8,2016 No.1296593
°s"
L
Packet Pg. 1960