Agenda 12/01/2009 Item # 8D
Agenda Item No. 8D
December 1, 2009
Page 1 of 69
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EXECUTIVE SUMMARY
Recommendation to consider adoption of an ordinanee establishing the City Gate
Community Development DistTict (eDD) pursuant to Section 190.005, Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board of County Commissioners (Board) to review
and consider a petition for the establishment of the City Gate CDD by adoption of an ordinance.
BACKGROUND:
On February 8, 2005, the Board of County Commissioners required that the public hearing for
adoption of the City Gate CDD Ordinance be continued until March 8, 2005. It was further
continued indefinitely, until such time that the Developer of the City Gate DRI met with County
Transportation ot1icials to discuss right-of-way reservation for a potential east-west arterial
roadway between Everglades Boulevard and Collier Boulevard (CR 95 I).
_.
The meeting held on February 24, 2005 concluded with a commitment by the Developer's
Tepresentatives that they would bring several matters from the meeting to the Developer's
attention and that future meetings would occur with the Transportation Division Administrator.
It was the opinion of County Transportation and Comprehensive Planning staff at that time, that
the Community Development District be considered for approval based on this good faith
commitment for continued cooperation on transportation issues which are unaffected by the
creation of the CDD.
Additional meetings were held in the Fall of 2009 between Transportation Planning staff, the
Developer of the City Gate DRI, and their Agent, to negotiate commitments to be made through
a Developer's Agreement between the Developer, Collier County and the Florida Department of
Community Affairs. Please note that the Developer's Agreement will be provided as a separate
item to be considered at the same BCC meeting as this ordinance.
CONSIDERATIONS:
On April 7, 2009, Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC and CG II,
LLC (petitioners) jointly filed a petition with the Comprehensive Planning Department,
Community Development and Environmental Services Division, for the establishment of the
City Gate Community Development District. A mandatory $15,000 application fee was
submitted with the petition.
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The proposed District is located entiTely within Coilier County, Florida. The proposed district
covers 253.05+ acres ofland. The site is located in a portion of Section 35, Township 49 South,
Range 26 East. A map showing the location of the land area to be serviced by the District, as
well as a metes and bounds description of the proposed CDD, appears as Exhibit" I" to the
petition. The landowner's consent to the establishment of the proposed CDD appears as Exhibit
"2" of the petition.
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Agenda Item No. 8D
December 1, 2009
Page 2 of 69
Pursuant to section "1.2 Scope of the Analysis", within Exhibit 5 of this petitions "Statement of
Estimated Regulatory Costs", states that "to support the development program the District would
fund approximately $38,276,000 of public infrastructure by issuing approximately $53,600,000
in total debt funding", pursuant to Chapter I 90.002(?)(d) F.S.. While $38,276,000 represents the
estimated construction costs of the capital improvement program, the $53,600,000 represents the
total principal amount of a bond issue that would produce $38,276,000 to the bond construction
account, made up of standard items that go into the final sizing of a bond issue as follows:
Debt Service Reserve fund (covers one year of debt payments)
Capitalized Interest Fund (covers two years of interest costs)
Underwriter's Discount (typically 1.5%)
Cost ofIssuance (Bond Counsel and other counsel,
financial advisor, etc
TOTAL TRANSACTIONAL COSTS
$ 5,068,000
9,256,000
800,000
200,000
$15,324,000
Public Infrastructure Costs
Transactional Costs
TOTAL Regulatory Costs
$38,276,000
$15,324,000
$53,600,000
The CDD is comprised of a previously approved Planned Unit Development (PUD) and
Development of Regional Impact (DRI) known as "City Gate." The proposed CDD only
includes Phase Two and Phase Three of the development, and are approved for 836,000 square
feet of office space, 1,920,000 square feet of industrial space and 250 hotel rooms. Phase 2 and
Phase 3 are undeveloped. fPhase One, approved for 90,000 square feel of commercial space
has been excludedfrom this CDD pelitioll.J
County staff is currently reviewing plat and construction plans for Phase 2 of the City Gate
Development.
Golden Gate Canal
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L;'-_! City Gate Phase
1 Commercial
(Nol F'art of COD)
c::a City Gate Industrial
2
Agenda Item No. 8D
December 1 , 2009
Page 3 of 69
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FLU; I
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By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, to manage and finance certain basic
infrastructure for the benefit of the future landowners and residents of the City Gate
Development. This infrastructuTe, under section 190,0 12( 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 not constitute consent by the County to the exercise of
unauthorized special powers authorized by Section 190.012(2), Florida Statutes. These special
powers may include but are not limited to the operation of parks and facilities for indoor and
outdoor recreational, cultural, and educational uses, as well as security, including, but not limited
to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, with
certain exceptions. In ordeT to gain these additional powers, the newly created District Board
would need to further petition the Board of County Commissioners at a later date.
The District Board of Supervisors is initially elected for the first six years of the duration of this
district 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 oflaw, in time, the Supervisors are elected on a one-person, one-vote
basis.
In order to provide the basic systems, facilities and services, the District has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government, disclosure, coni1ict 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.
In order to provide these systems, facilities and services, the District also is given
eminent domain powers within tight constraints as well as the authority to require
certain
.
servIce
3
Agenda Item No. 8D
December 1, 2009
Page 4 of 69
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, by resolution, the
aforementioned eminent domain power is limited to the boundaries of the District.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for
establishment of a COD of less than 1,000 acres shall be by county ordinance. Section 190.005,
Florida Statutes outlines the specific content required in the petition and further outlines six (6)
factors for the Board of County Commissioners to consider in detennining whether to grant or
deny a petition for the establishment of a COD as follows:
I. Whether all statements contained within the petition have been found to be
true and correct.
2. Whether the creation of the District is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size,
is sufficiently compact, and is sufficiently contiguous to be developable as
one functional interrelated community.
4. Whether the district is the best alternative available for delivering
community development services and facilities to the area that will be
served by the District.
5. Whether the community development services and facilities of the District
will be incompatible with the capacity and uses of existing local and
regional community development services and facilities.
6. Whether the area that will be scrved by the District is amenable to separate
special-district government.
Comprehensive Planning staffs response to the above Six Factors are attached as "Exhibit B" to
this Executive Summary.
Environmental Services, Transportation Planning and Public Utilities staff have reviewed the
petition and exhibits submitted by the petitioners (attached) pertaining to the petitions Six
Factors, noting their comments (in part) below:
Environmental/Engineering Services Review:
We have no objection to the COD petition based on the information provided.
Stan Chrzanowski, P.E.
County Engineer
****
Transportation Planning Rel'iew:
The roads inside are planned to be dedicated to the County for maintenance. I would request that
the maintenance cost of the roads should be shared proportionately on the main public
thoroughfare but the other roads should be solely maintained by the COD. No other comments.
,'"
Nick Casalanguida
Director, Transportation Planning / Development Review
****
4
Agenda Item No. 8D
December 1, 2009
Page 5 of 69
Public Utilities Review:
No objection. According to the current 200S Water and Wastewater Master Plan Updates, this
project is located within the Collier County Water and Sewer district boundaries. Water and
Sewer service will be owned and maintaincd by Collier County. This project is currently under
the Site Development Plan (SDP) and/or Plans and Plat (PPL) approval processes for
construction and final approval of the utilities. Per County GIS, there is an existing 16-inch
diameter water main and S-inch diamcter Force Main along White Lake Boulevard.
Zamara DelToro
Project Manager
Collier County Public Utilities
FISCAL IMPACT:
Exhibit "3B" of the petition, "City Gate Community Development District Proposed Timetable
and Estimated Costs of Construction" 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 including the transactional costs is $53,600,000, consisting of
roadway and utilities construction, water management, landscaping, lighting, signage, the hiring
of consultants, environmental mitigation and contingency costs. Utilities will eventually be
turned over to Collier County.
DISTRICT RESPONSIBILITIES:
According to the petition, the City Gate Community Development District, if the ordinance is
adopted, will assume responsibility for the following:
. General development of the approved uses within the District;
. Roadways;
. Street Lights, landscaping and signage;
. Stonnwater Management;
. Water & Sewer Utilities;
. Environmental Mitigation; and
. Other matters rclated to thc above tasks.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the following: that the Petitioners, or
their successors and assigns, shall (I) elect one property owner with no affiliation or direct
relation to the existing owners or any subsequent developer of the District to the five member
Board of Supervisors at such time as property owners begin occupying businesses in the District,
and (2) record a Notice of Assessments containing the specific tenns 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
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Agenda Item No. 8D
December 1, 2009
Page 6 of 69
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
GROWTH MANAGEMENT IMPACT:
The 253.05+ acres of the City Gate COD are dcsignated Urban, Industrial District, 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 pernlits 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 thc GMP in effect at that time.
LEGAL CONSIDERATIONS:
"If adopted by the Board of County Commissioners, the subject Ordinance would establish a
Community Development District (COD) and a District Board of Supervisors. The purpose of
establishing a COD, as per Chapter 190, Florida Statutes, is to establish an independent special
district as an altcrnative method to manage and fjnance basic services for community
dcvelopment." The primary purpose of a COD is to provide a longcterm financing mechanism
for the subject development through: Assessments, Ad Valorem Taxation or Issuance of Bonds.
Creation of a COD provides assurance that the capital infrastructure improvements necessary in
the District are funded by bond investors and subsequent purchasers of the parcels in the District.
The proposed COD will be receiving sanitary sewer, potable water, and solid waste removal
services from the Collier County Utilities Division and will have to enter into onc or more inter-
local agreements with Collier County, for such purposes. [HFAC]
RECOMMENDATION:
To consider the adoption and enactment of the proposed ordinance establishing the City Gate
Community Development District, should the Board determine that the proposed COD is
consistent with the criteria set forth in Chapter 190, F.S.
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department
....,.
6
Agenda Item No. 8D
December 1, 2009
Page 7 of 69
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
80
This item has been continued from the October 27,2009 and the November 10, 2009 BCC
meeting, Recommendation to consider adoption of an ordinance establishing the City Gate
Community Development District (COD) pursuant to Section 190.005, Florida Statutes. (This
is a companion item to 1 DE.)
12/1120099:00:00 AM
Meeting Date:
Prepared By
Marcia Kendall Planner, Senior Date
Community Development & Comprehensive Planning
Environmental Services 1011/20098:37:18 AM
Approved By
Nick Casalanguida Director. Transportation Planning Date
Transportation Division Transportation Planning 10111200911:51 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
~.. Environmental Services Environmental Services 10151200912:13 PM
Approved By
Zamira Deltoro Project Manager Date
Public Utilities Division Public Utilities Engineering 1019/20097:35 AM
Approved By
Randall J. Cohen Director ~ Comprehensive Planning Date
Community Development & Comprehensive Planning
Environmental Services 10/13/20098:50 AM
Approved By
Heidi F. Ashton Section Chief/Land UsewTransportation Date
County Attorney County Attorney 10/301200910:33 AM
Approved By
Joseph K. Schmitt Administrator - Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11116/20098:45 AM
Approved By
OMS Coordinator Date
,-'.
County Attorney County Attorney 11/17/20098:36 AM
Approved By
"
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Agenda Item No. 8D
December 1, 2009
Page 8 of 69
Jeff Kfatzkow
County Attorney
Date
11117120092:46 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
11117120092:53 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
11/19/20097:33 PM
Agenda Item No. 8D
December 1 , 2009
Page 9 of 69
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ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR CITY GATE CDD
Background:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CD D) 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.
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.
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 inten-elated community.
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.
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.
Whether the area that will be served by the district is amenable to separate
special-district government.
2.
3.
4.
.....
5.
6.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following [mdings with regard to the proposed City Gate Community Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning Department staff, along with staff of the County Attorney's Office, the
Public Utilities Engineering Department, the Transportation Planning Department, and
Environmental/Engineering Department 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.
-
I
_R.. ._......-
_._-
. ".---
Agenda Item No. 8D
December 1, 2009
Page 10 of 69
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 City Gate P.U.D. is also an approved Development of Regional Impact (DRI) originally
approved by the Board of County Commissioners in 1987. As part of the approval process, the
development was found to be consistent with the Growth Management Plan in effect at that time.
The entire P.U.D. designated Urban, Industrial District on the Collier County Future Land Use
Map. The proposed COD would be a unit of local government established specifically for the
purpose of carrying out the approved Master Development Plan and commitments of the City
Gate Development. The COD does not authorize any fonn or amount of development not
previously approved by the Board of County Commissioners. Therefore, staff finds that the
establishment of the COD is consistent with the Collier County Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the COD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have unifonn
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed COD is consistent with the State
Comprehensive Plan and the legislative public interest findings set forth in Chapter 190.002(2)
and (3).
3.
Whether the area of land within the proposed district is of sufficient
sufficiently compact, and is sufficiently contiguous to be developable
functional iuterrelated community.
. .
SIze, ]S
as one
The proposed City Gate Community Development District, if approved, would be within the size
range of several other COOs within Collier County. For instance, the Heritage Greens or Dove
Point COD comprises approximately 751 acrcs, the Key Marco/Horr's Island COD is
approximately 174 acres in size, and the Islesworth COD is approximately 262 acres. Based
upon previous experience and the subsequent success of other Collier County COOs,
Comprehensive Planning Department staff believes that the City Gate Community Development
District meets the above criteria.
2
Agenda Item No. 8D
December 1, 2009
Page 11 of 69
~
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.
As noted within Exhibit 5 of the CDD petition, there are numerous alternatives available for the
provision of infrastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
homeowners association; establishment of a 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 County management. All of these
alternative options have various legal, financial or other limitations on thcir 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 can be construed as the best alternative
available for delivering community development services and facilities to the area that will be
served by the proposed district.
5. Whether the community development services and facilities of the district will he
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
^-'-
The proposed CDD cannot develop any facilities and services that are incompatible with the
surrounding area. This is because the CDD's sole purpose is to implement conditions and
developer commitments that were part of the original P.U.D. and DRI approvals. The District
Board of Supervisors will not have the legal authority to implement any facilities, services or
development that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate speciaI-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department 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 I, establishing the City Gate Community Development
District, if the Board determines that the proposed COD is consistent with the criteria set forth in
Chapter 190, F.S.
-
3
'-,,-'
,,~._._-
--- -_.,.,-
-......_-
Agenda Item No. 8D
December 1, 2009
Page 12 of 69
ORDINANCE NO. 09-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING
THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND
COMMITMENTS 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, Joseph R. Weber, Vice President on behalf of 850 NWN, LLC and CG II,
LLC ("Petitioners''), has petitioned the Board of County Commissioners of Collier County,
Florida, a political subdivision of the State of Florida, to establish the CITY GATE
COMMUNITY DEVELOPMENT DISTRICT (District); and
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 in that it meets thc requirements of Sections 190.005,
Florida Statutes; and all statements contained within the petition are true and
correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
lof4
Agenda Item No. 8D
December 1, 2009
Page 13 of 69
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 government.
--..
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA, 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.
SECTION TWO: ESTABLISHMENT OF THE CITY GATE COMMUNITY
DEVELOPMENT DISTRICT
The City Gate 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: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"City Gate Community Development District."
-
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Agenda Item No. 8D
December 1, 2009
Page 14 of 69
SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
I.
Roger B. Rice
159 Kirtland Drive
Naples, FL 34110
4.
Paul P. Pacchiana
2139 Morning Sun Lane
Naples, FL 34119
2.
Ronald G. Rice
601 Trophy Drive, Unit 503
Naples, FL 341] 0
5.
Jeremy C. Sterk
2875 Garland Road
Naples, FL 34117
3. Elena Lindner
3420 nnd Avenue NE
Naples, FL 34120
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The City Gate 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 City Gate Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the following: that the Petitioners, or
their successors and assigns, shall (I) elect one property owner with no affiliation or direct
relation to the existing owners or any subsequent developer of the District, to the five member
Board of Supervisors at such time as property owners begin occupying businesses 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
30f4
.
_-, '.,..N........,. '.;" ,." , _ ~
Agenda Item No. 8D
December 1, 2009
Page 15 of 69
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.
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 ,2009.
ATTEST: DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal ufficiency:
I
~effKlatzkow,
County Attorney
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Exhibit A
Agenda Item No. 8D
December 1, 2009
Page 16 of 69
LEGAL DESCRIPTION OF
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
NORTH 89'13'01" EAST, ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE
OF SAFE HARBOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES
22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ANO THE NORTH LINE
OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE
OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1, FOR A POINT OF BEGINNING;
THENCE CONTINUE. NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35,
AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES,
UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19
AND 20, OF SAID PUBLIC RECORDS. FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW
SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND
THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'55'48" WEST FOR 2.673.79
FEET, TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE
CORPORATE PARK, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST, ALONG
THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28,
INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE
CENTER, PHASE ONE; THENCE NORTH 00' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15
AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF-WAY LINE OF A 170 FOOT
WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681,
PAGE 1210. OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 5B'30'03" WEST,
ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93
FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED
IN RECORD BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS. FOR 203.97 FEET, TO THE
EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES;
1) NORTH 00'47'14" EAST FOR 124.70 FEET; THENCE
2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE
3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE
4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING.
CONTAINING 253.05 ACRES, MORE OR LESS.
SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD.
BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST.
Prepared
, .S.&M.
Certificate No. 2982
July 17, 2008
Exhibit I
Legal Description
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Agenda Item No. 80
December 1, 2009
Page 17 of 69
Golden Got Estotes Unit No. 28
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Agenda Item No. 8D
December 1, 2009
Page 18 of69
DONALD A. PICKWORTH, P.A.
ATTORNEY AT LAW
SUITE 502 NEWGATE TOWER
51~O NORTH TAlorIAMI TRAIL
NAPLES, FLORIDA 34103
e-mail: picklaw@earthlink.net
(239) 263-8060
FAX (239) 598 ~ 1161
April 6, 2009
Via Hand Delivery
Marcia Kendall, Plamler
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: Petition for Establishment of City Gate CDD
Dear Marcia:
Attached are the original and 5 copies of a Petition to establish the City Gate Community
Development District, along with a check in the amount of $15,000 as the filing fee. When you
have done your initial review, please give me a call and I will transmit the entire Petition
electronically.
If after reviewing this you have questions or comments, please give me a call.
Very truly yours,
,
Donald A. Pickworth
Enclosures
Agenda Item No. 8D
December 1, 2009
Page 19 of 69
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT
TO SECTION 190.005(2), FLORIDA
STATUTES TO ESTABLISH THE
CITY GATE COMMUNITY DEVELOPMENT
DISTRICT
I
PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE
OF THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT
-
Petitioners 850 NWN, LLC, and CG II, LLC, ("Petitioners") by and
through their undersigned counsel, hereby petition Collier County, Florida
(the "County") through its Board of County Commissioners (the '
"Commission"), pursuant to The Uniform Community Development District
Act of 1980, Chapter 190, Florida Statutes (the "Act"), to establish a
community development district (the "District") on the lands described herein
by the adoption of a County ordinance creating a community development
district to be known as City Gate Community Development District. In
support of this Petition, Petitioners state:
1. Each Petitioner is a Florida limited liability company, and their
principal place of business is at 159 South Main Street, Suite 500, Akron,
Ohio 44308. Joseph R. Weber is the Vice President of each Petitioner. The
authorized agent for Petitioners is Donald A. Pickworth, Esq., 5150 Tamiami
Trail North, Suite 502, Naples, Florida 34103.
2. The proposed District is located wholly within the County, and
encompasses 253.05 acres of land (the "District Land"). A location map,
sketch, and metes and bounds legal description of the boundaries ofthe
District is attached as Composite Exhibit "1."
-
3. The Petitioners, collectively, own 100% the lands proposed to be
within the District. As required by Section 190.005(I)(a)(2) of the Act,
City Gate eoo Petition 2009
1
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-",.,-
Agenda Item No. 8D
December 1, 2009
Page 20 of 69
written consent of the owners of all the lands proposed to be within the
District is attached as Exhibit "2." There is no real property within the
boundaries of the District which is to be excluded from the jurisdiction of the
District.
4. The five (5) persons designated to serve as the initial members
of the Board of Supervisors of the District, who are residents of the State of
Florida and citizens of the United States, and who shall serve in that office
until replaced by elected members, as provided in Section 190.006 of the Act
are as follows:
Roger B. Rice
159 Kirtland Drive
Naples, Florida 34110
Ronald G. Rice
601 Trophy Drive, Unit 503
Naples, Florida 34110
Elena Lindner
3240 22nd Avenue NE
Naples, Florida 34120
Paul P. Pacchiana
2139 Morning Sun Lane
Naples, Florida 34119
Jeremy C. Sterk
2875 Garland Road
Naples, Florida 34117
5. The proposed name of the District is City Gate Community
Development District.
6. A map of the District, showing proposed storm water
interceptors and outfalls, and proposed major trunk water main and sewer
City Gate CDD Petition 2009
2
-.,.'.,
Agenda Item No. 8D
December 1, 2009
Page 21 of 69
force main connections is attached as Exhibit 3A.
7. A good faith estimate ofthe proposed timetable and the
estimated costs of construction and provision of District systems, facilities,
and services, based on available data and which is subject to change is set
forth in Exhibit 3B attached hereto.
8. Petitioner requests that the District be granted the right to
exercise all the powers provided for in Sections 190.011 and 190.012 (1) of the
Act.
9. The County has adopted its Local Government Comprehensive
Plan (the "Plan") in accordance with the requirements of Chapter 163,
Florida Statutes. The Plan designates the land area proposed to be included
in the District as "Industrial". The proposed distribution and location ofland
uses within the District is shown on the Master Plan for City Gate PUD (the
"Master Plan") attached hereto as Exhibit "4". The uses are consistent with
the uses authorized in areas designated as "Industrial" on the Plan.
10. A statement of estimated regulatory costs, prepared in
accordance with the requirements of Sections 120.541(2), Florida Statutes
and 190.005(1) ofthe Act is attached as Exhibit "5."
11. The District Land is amenable to operation as a community
development district and the Petition should be granted for the following
reasons:
A. The District Lands are part of a planned community. The
District Lands are of sufficient size and are sufficiently contiguous and
compact to be developed as one functional and interrelated community, and
the District is planned to be developed as such. The area to be served by the
District is amenable to separate special district government.
-
B. If established, the District would constitute a timely, efficient,
effective, responsive measure to ensure the provision and on'going
maintenance of facilities and infrastructure for the proposed development.
eity Gate eDD Petition 2009
3
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"
Agenda Item No. 8D
December 1, 2009
Page 22 of 69
C. Establishment of the District and all land uses and services
planned within the District are not inconsistent with the applicable elements
or portions of the effective Collier County Growth Management Plan or the
State Comprehensive Plan.
D. The District will be the best alternative available for delivering
community development facilities and services to the area to be served
because the District provides a governmental entity for delivering those
services and facilities in a manner that does not financially impact persons
residing outside the District and provides a responsible perpetual entity
capable of making reasonable provisions for the operation and maintenance
of District services and facilities in the future. The establishment of the
District will prevent the general body of taxpayers in the County from
bearing the burden for installation of the infrastructure and the maintenance
of the above-described facilities within the development encompassed by the
District.
E. The community development facilities and services of the
District will not be incompatible with the capacity and uses of existing local
and regional services and facilities.
12. As required by the Act, Petitioner will provide full disclosure of
information relating to the public financing of District facilities and the
maintenance of District improvements.
13. In support of the factual assertions and conclusions set forth in this
Petition, Petitioner has attached the written, pre-filed testimony ofthose
professionals involved in the preparation ofthis Petition and attached hereto
as Composite Exhibit 6.
WHEREFORE, Petitioner respectfully requests the Commission to:
A. Determine that the Petition is complete; and
B. Hold a public hearing pursuant to the procedures set forth in
City Gate eDD Petition 2009
4
-",.""." _"__';0'.".._,
Agenda Item No. 8D
December 1, 2009
Page 23 of 69
.-
Section 190.005(1)(d) of the Act to consider the establishment of the District;
and
C. Enact an ordinance pursuant to the Act, granting this Petition,
and establishing "City Gate Community Development District".
Respectfully submitted this ~ of April, 2009.
Donald A. Pickworth
Donald A. Pickworth, P.A.
5150 Tamiami Trail North
Suite 502
Naples, F10rida 34103
Phone: (239) 263-8060
Fax: (239) 659-1100
E.mail: picklaw@earthlink.net
.-
--
City Gate CDD Petition 2009
5
-_..,~----
"- - -..""
--,--.-
Agenda Item No. 8D
December 1 , 2009
Page 24 of 69
LEGAL DESCRIPTION OF
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
NORTH 89'13'01" EAST. ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE
OF SAFE HARBOR. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES
22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH LINE
OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE
OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1. FOR A POINT OF BEGINNING;
THENCE CONTINUE, NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35,
AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES,
UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19
AND 20, OF SAID PUBLIC RECORDS, FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW
SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND
THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'55'48" WEST FOR 2,673.79
FEET. TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE
CORPORATE PARK. PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST. ALONG
THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28,
INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE
CENTER, PHASE ONE; THENCE NORTH DO' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15
AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF -WAY LINE OF A 170 FOOT
WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681,
PAGE 1210, OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 58'30'03" WEST,
ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93
FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED
IN RECORO BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS. FOR 203.97 FEET, TO THE
EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES;
1) NORTH 00'47"4" EAST FOR 124.70 FEET; THENCE
2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE
3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE
4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING.
CONTAINING 253.05 ACRES. MORE OR LESS.
SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD.
BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35.
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST.
Prepared
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Certificate No. 2982
July 17, 2008
Exhibit 1
Legal Description
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Golden Gate Estates Unit No. 28
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City Gate Community Development District
253. 05 AcresI
City Gote Commerce Center
Phase Two and Future Phase Three
Part of the North 1/2 of
Sect. 35. r 49 S., R.26 E.
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White Lake Corporate Park
P.8. 31, Pages 26 - 28
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Agenda Item No_ 80
December 1, 2009
Page 25 of 69
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Agenda Item No. 8D
December 1, 2009
Page 27 of 69
EXHIBIT 2
LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT
The undersigned, Joseph R. Weber, as Vice President of 850 NWN, LLC, and CG
II, LLC, each a Florida limited liability company (hereinafter collectively referred to as
"Petitioners"), hereby certifies as follows:
I. Petitioners are the owners of and have control over that certain real
property located in Collier County, Florida, mOTe particularly described in Exhibit I of
this Petition under and by virtue of the documentation attached hereto. Said real property
constitutes 100 % of the property proposed to be included in the District.
2. The undersigned is the duly appointed Vice President of the Petitioners
and represents and warrants that he is duly authorized and has the authority to execute
this Consent.
-
3. The undersigned, on behalf of the Petitioners, (i) hereby consents to the
establishment of a community development district in accordance with Section 190.005,
Florida Statutes, to be known as City Gate Community Development District, (ii)
consents to the inclusion in the district of the real property described in Exhibit I of this
Petition, and (iii) appoints and authorizes Donald A. Pickworth, Esq. to file this Petition.
Executed this3rdday of At,:/ ,2009.
850 NWN, LLC
CG II, LLC
By:
Notary Signature on Next Page
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Exhibit 2
Landowner's Consent
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Agenda Item No. 8D
December 1, 2009
Page 28 of 69
STATE OF OHIO
COUNTY OF \ L"ta'-
. The foregoing instrument was acknowledged before me this 51/ day of
0.P/I/ , 2009, by Joseph R. Weber as Vice President of 850 NWN, LLC and CG II,
LLC, who is~ersonalIy known to me)OR has produced as
identification.
IN WITNESS WHEREOF, I have hereunto affixed my name and official seal at Akron,
Ohio, this ):1::leay of /;'fUf. , 2009. .
I,'(JU 4', ,\' ,f] 2*
tary Public
tate of Ohio
ANNE E. PETERSEN
Resident of Summa County
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Agenda Item No. SD
December 1, 2009
Page 29 of 69
FUTURE CONNECTION TO
WILSON BLVD /BENEFIELD ROAD EXTENSTlON
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STORM WATER OUTFALL \
G 0 LeE N' GAr E CAN A --;- \
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EXHIBIT 3A
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
STORMWATER OUTFALL, WATER AND SEWER CONNECTIONS
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EXHIBIT 3B
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
PROPOSED TIMETABLE AND ESTIMATED COSTS OF CONSTRUCTION
Agenda lIem No 8D
December 1,2009
Page 30 of 69
INFRASTRUCTURE CATEGORY
2009 2010 2011 2012 2013 Totals
PUBLIC ROAOS' $3,026,50000 $1,376.500.00 $1,200,000.00 $11,958,500.00 $9,638,500.00 $27,200,000.00
........n..
WATER ANO SEWER $436,50000 $436.500.00 $0.00 $460,00000 $460,00000 $1,793,000.00
_....nu__.
WATER MANAGEMENT $336.50000 $336.500.00 $000 $1,945,00000 $1,945,000.00 $4,563,00000
u____......
LANDSCAPINGILIGHTINGISIGNAGE $160,00000 $160.00000 $0.00 $240,000.00 $240,00000 $800.00000
un..._....
CONSULTANTS $150.000.00 $150,00000 $0.00 $150,000.00 $150,000.00 $600,00000
..---.......
ENVIRONMENTAL MITIGATION $2,000,00000 $1,000,000.00 $0.00 $0,00 $0.00 $3,000,00000
------------
CONTINGENCY $80000 DO $80.00000 $0.00 $80,000.00 $80,000.00 $320.000.00
----.......,
Total per Year $6,189,500.00 $3,539,500.00 $1,200,00000 $14,833,50000 $12,513,50000
Cumulative T alai $6,189,500.00 $9,729,00000 $10,929,00000 $25,762,500.00 $38,276,000.00
NOTES:
THIS TIMETABLE AND LISTING IS AN ESTIMATE, BASED ON EXISTING INFORMATION, AND IS SUBJECT TO
eHANGE AS DETERMINED BY THE DISTRICT BOARD.
* Includes Payments, Contributions, Dedications, Fair Share or Concurrency Obligations for Offsite Roads
Exhibit 38
Proposed Timetahlc and Estimated Costs of
Construction
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Agenda Item No. 80
December 1, 2009
Page 31 of 69
Golden Gate Canal
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Agenda Item No. 8D
December 1, 2009
Page 32 of 69
STATEMENT OF ESTIMATED REGULATORY COSTS
City Gate Community Development District
1.0 Introduction
1.1 Purpose
This statement of estimated regulatory costs ("SERC") supports the
petition to form the City Gate Community Development District ("District"
or "CDD"). The proposed District comprises approximately 253 acres of
land on which 850 NWN, LLC, and CG II, L.L.C. ("Developer") plans to
develop commerciallindustriallots in phases.
The new District will provide community Infrastructure that will serve all, or
a substantial portion of, the land in the proposed District. The District
plans to provide localized infrastructure improvements and services
("District Infrastructure") to serve the land in the District and any offsite
mitigation required by the Project's Development Order. The District may
finance community Infrastructure by issuing bonds from time to time
("Bonds") secured by, among other things, proceeds of non-ad valorem
special assessments (the "Assessments") levied on land within the
District.
To support the development program the District would fund approximately
$38,276,000 of public infrastructure by issuing approximately $53,600,000
in total debt funding. The District proposes to provide infrastructure and
community services to the District as described more fully below.
1.2 Scope of the Analysis
The limitations on the scope of this SERC are explicitly set out in Section
190.002(2) (d), F.S. (governing District formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform
general law shall be fair and based only on factors material to managlng
and financinq the service delivery function of the district, so that any
matter concernino...,permitting or planning of the development is not
material or relevant (emphasis added)."
As noted above, the proposed District provides infrastructure, services,
and facilities along with their operations and maintenance, to the 253
acres planned for the development. The land contained in the District is
currently planned for the land uses shown in Table 1 on the next page.
These are preliminary plans and are subject to change.
I
Exhibit 5
Statement of Estimated Regulatory Costs
Agenda Item No. 8D
December 1, 2009
Page 33 of 69
Table 1. City Gate Community Development District
Planned Land Uses
IYpe of Use
Commercial/Light Industrial
Right-of-Way
Lakes
Miscellaneous
Florida Power & Light Easement
Total
AcrealJi
197.51
19.66
24.80
0.18
10.91
253.06
% of Total
78.05%
0.8%
7.5%
6.6%
3.9%
100.0%
Source: Developer
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2002), defines the elements a statement of
estimated regulatory costs must contain:
"(a) A good faith estimate of the number of individuals and entities likely to
be required to comply with the rule, together with a general description of
the types of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state
and local government entities, of implementing and enforcing the
proposed rule, and any anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to
comply with the requirements of the rule. As used in this paragraph,
"transactional costs" are direct costs that are readily ascertainable based
upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule,
additional operating costs incurred, and the cost of monitoring and
reporting.
_.
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Agenda Item No. 8D
December 1, 2009
Page 34 of 69
(d) An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and small
cities as defined by Section 120.52, F.S. Collier County is not defined as
a small County for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description
of any good faith written proposal submitted under paragraph (1) (a) and
either a statement adopting the alternative or a statement of the reasons
for rejecting the alternative in favor of the proposed rule."
2.0 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
. description of the types of individuals likely to be affected by the
ordinance
As noted above, the proposed District will provide infrastructure and
community services to the +1-253 acres of land planned for the project
consisting of various sized commercial/industrial lots. All of the ultimate
property owners in the District will be required to comply with District rules
and their properties will be encumbered with District obligations to pay for
infrastructure and operations and maintenance expenses incurred by the
District. Of course prior to the sell out of the real estate, all of the
undeveloped land owned by the Developer and any other landowner
within the District boundaries will also be under the jurisdiction of the
District.
3.0 Good faith estimate of the cost to state and local government
entities, of implementing and enforcing the proposed ordinance, and
any anticipated effect on state and local revenues
3.1 Costs to Governmental Agencies of Implementing and Enforcing
Ordinance
State Governmental Entities
The cost to State entities to review or enforce the proposed ordinance will
be very modest. The District comprises less than 1,000 acres. Therefore,
the County will review and act upon the petition to establish the District.
3
Agenda Item No. 8D
December 1, 2009
Page 35 of 69
There are minimal additional ongoing costs to various State entities to
implement and enforce the proposed ordinance. The District is a special
purpose unit of local government, and it is required to file various reports
to the State of Florida, the Department of Community Affairs and other
agencies of the State. The filing requirements are outlined in Appendix A.
However, the additional costs to the State and its various departments to
process the additional filings from the District are very low, since the State
routinely processes filings from over 100 similar districts. Finally, the filing
fees paid by the District are designed to offset any additional costs to the
State.
Collier County
This petition to establish the District will require the County to review the
petition and its supporting exhibits. In addition, the County will hold public
hearings to discuss the petition and to take public input. These activities
will absorb staff time and time of the County Commission.
However, these costs are very modest at most for the following reasons.
First, the review of this petition to form the District does not include an
analysis of the Development itself. In fact, such a review of the Project is
prohibited by statute. Second, the petition contains all of the information
necessary for its review. Third, the County already has all of the staff
necessary to review the petition. Fourth, no capital costs are involved in
the review. Fifth, the County routinely processes similar petitions for land
use and zoning changes that are far more complicated than this petition to
form the District. Finally, the $15,000 filing fee is designed to offset these
costs.
The County will incur only a small additional annual cost if this petition is
approved. The proposed District is an independent unit of local
govemment, so the District is responsible for its own budget, reporting,
and the full conduct of its powers within its boundaries. The District will
provide the County with its budget each year, but no County action is
required.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State
or local revenues. The District is an independent unit of local government.
It is designed to provide community facilities and services to serve the
development. It has its own sources of revenue. No State or local
subsidies are required or expected.
.-
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Agenda Item No. 8D
December 1, 2009
Page 36 of 69
In this regard it is important to note that any debt obligations incurred by
the District to construct its infrastructure, or for any other reason, are not
debts of the State of Florida or any other unit of local government except
the District. By State law, debts of the District are strictly its own
responsibility .
4.0 A good faith estimate of the transactional costs likely to be incurred
by individuals and entities required to comply with the requirements
of the ordinance
The District plans to provide various community facilities and services to
the property in the District, as outlined in Table 2 below. The District plans
to fund, own, operate and maintain the stormwater management system
and the landscaping/lighting/signage. The District will fund and construct
the public roadways and utilities, and the District will dedicate them to the
County. The District will fund the acquisition of mitigation lands and
anticipates to donate them, with a management endowment, to the State
of Florida or other entity approved by the U.S. Fish & Wildlife Service for
operations and maintenance. Finally, the District will fund, operate and
maintain the environmental mitigation works and dedicate them to the
County.
Table 2. Proposed Facilities and Services
Facilitx
Public Roads
Mitigation lands'
Environmental Mitigation Works
Storm Water Management
Utilities
landscapingl Lighting/Signage
Source: Developer
. - Mitigation Lands are expected to be donated to the State of Florida or other entity
approved by the US Fish & Wildlife Service With a financial endowment for the perpetual
management as conservation lands.
Funded Bv:
CDD
COD
COD
COD
COD
COD
O&MB'(
County
State
COD
CDD
County
COD
Ownershil!
County
State
County
COD
County
COD
The petitioner has estimated the costs for providing the capital facilities as
outlined in Table 2, and these are shown in Table 3 on the next page.
Total costs for these facilities are estimated to be approximately
$38,276,000. To fund this construction program the District may issue
special assessment or other revenue bonds estimated to total
$53,600,000. These would be repaid through non-ad valorem
assessments levied on all properties in the District that may benefit from
the District's capital improvement program as outlined in Table 2.
5
Agenda Item No. 8D
December 1, 2009
Page 37 of 69
Table 3. Summary of Estimated Capital Costs for Proposed
City Gate Community Development District
Categol"l
Public Roadways'
Utilities
Storm Water Management
La ndscaping/Lig hting/Sig nage
Consultants
Environmental Mitigation
Contingency
Amount
$27,200,000
$1,793,000
$4,563,000
$800,000
$600,000
$3,000,000
$320,000
----------
----------
Total
$38,276,000
Source: Butler Engineering, Inc.
. Public Roadways include payments, contributions, dedications, proportionate fair
share or concurrency obligations for offsite roads.
Prospective future landowners in the District may be required to pay non-
ad valorem assessments levied by the District to secure the debt incurred
through bond issuance. In addition to the levy of non-ad valorem
assessments for debt service, the District may also impose a non-ad
valorem assessment to fund the operations and maintenance of the
District and its facilities and services.
--
It is important to note that the various costs outlined in Table 3 are typical
for developments of the type contemplated here. In other words, there is
nothing peculiar about the District's financing that requires additional
infrastructure over and above what would normally be needed. Therefore,
these costs are not in addition to normal development costs. Instead, the
facilities and services provided by the District are substituting in part for
developer-provided infrastructure and facilities. Along these same lines,
District-imposed assessments for operations and maintenance costs are
similar to what would be charged in any event by a property owners'
association common to most master planned developments.
Real estate markets are quite efficient, because buyers and renters
evaluate all of the costs and benefits associated with various alternative
locations. Therefore, market forces preclude developers from marking up
the prices of their products beyond what the competition allows. To
remain competitive the operations and maintenance charges must also be
in line with the competition.
Furthermore, locating in the District by new landowners is completely
voluntary. So, ultimately, all owners and users of the affected property
choose to accept the District's costs in tradeoff for the benefits that the
District provides_
-
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Agenda Item No. 8D
December 1, 2009
Page 38 of 69
The District is an alternative means to finance necessary community
services. District financing is no more expensive, and often less
expensive, than the alternatives of a municipal service taxing unit (MSTU),
a neighborhood association, County provision (directly or via a dependent
special district), or through developer-bank loans.
5.0 An analysis of the impact on small businesses as defined by
Section 288.703, F .5., and an analysis of the impact
on small counties and small cities as defined by Section 120.52, F.S.
There will be no impact on small businesses because of the formation of
the proposed District. If anything, the impact may be positive. This is
because the District must competitively bid certain of its contracts. This
affords small businesses the opportunity to bid on District work.
The development is located in the County of Collier. As of the latest
Census date, the 2000 Census, the County has a population of 251,377.
Therefore, the proposed District is not located in a County defined as a
"small" (75,000) according to Section 120.52, FS.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of
regulatory costs and benefits. Inputs were received from the Developer's
Engineer and other professionals associated with the Developer.
Finally, it is useful to reflect upon the question of whether the proposed
formation of the District is the best alternative to provide community
facilities and services to the Development. As an alternative to the
District, the County could approve a dependent special district for the
area, such as an MSBU or a special taxing district under Chapter 170,
F.S. Either of these alternatives could finance the improvements
contemplated in Table 2 in a fashion similar to the proposed District.
However, each of these alternatives is inferior to the District. Unlike the
District, the alternatives would require the County to continue to administer
the project and its facilities and services. As a result, the costs for these
services and facilities would not be sequestered to the land directly
benefiting from them, as the case would be with the District.
7
Agenda Item No. 8D
December 1, 2009
Page 39 of 69
A District also is preferable from a government accountability perspective.
With a District as proposed, landowners and renters in the District would
have a focused unit of government under their direct control. The District
can then be more responsive to landowner needs without disrupting other
County responsibilities.
Another alternative to the District would be for the developer to provide the
infrastructure and to use a property owners association (POA) for
operations and maintenance of community facilities and services. A
District is superior to a POA for a variety of reasons. First, unlike a POA,
a District can impose and collect its assessments along with other
property taxes. Therefore, the District is far more assured of obtaining its
needed funds than is a POA. Second, the proposed District is a unit of
local government. Therefore, unlike the POA the District must abide by all
governmental rules and regulations_
(Rest of Page Left Intentionally Blank)
--
8
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Agenda Item No. 8D
December 1 , 2009
Page 40 of 69
Fishkind & Associates certifies that this SERC meets the requirements for
a SERC as set out in Chapter 120.541, F.S.
We have developed over 40 SERCs. Below is a listing of some of these
SERCs.
. Urban Orlando Community Development District
. Marshall Creek Community Development District
. Cedar Hammock Community Development District
. Mediterra Community Development District
· Brooks Community Development District
. Pelican Marsh Community Development District
. Pelican Landing Community Development District
. Fiddler's Creek Community Development District 1
. Monterra Community Development District
. Quarry Community Development District
. Capital Region Community Development District
. Deerfield Preserve Community Development District
. Cypress Shadows Community Development District
9
Agenda Item No. 8D
December 1, 2009
Page 41 of 69
APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT
FLORIDA
STATUTE
CITE
DATE
Annual Financial Audit 11.45 12 months after end of
fiscal year
Annual Financial Report (AFR) 218.32 by March 31
TRIM Compliance Report 200.068 130 days after
Form 1 - Limited Financial Disclosure 112.3144 by July 1
Public Depositor 215 by November 15
-'''~ Proposed Budget 218.34 by September 1
Public Facilities Report 189.415 March 1
Public Meetings Schedule 189.417 beginning of fiscal year
Bond Report 218.38 When issued
Registered Agent 189.417 30 Days after
-.
10
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Agenda Item No. 8D
December 1, 2009
Page 42 of 69
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH THE
CITY GATE COMMUNITY DEVELOPMENT
DISTRICT
/
AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY
STATE OF OHIO
COUNTY OF SUMMIT
I, Joseph Weber, Vice President of 850 NWN, LLC and CG II, LLC, being first duly
sworn, do hereby state for my affidavit as follows:
I. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Joseph Weber, and I am employed by 850 NWN, LLC and CG II,
LLC as Vice President.
3. The prepared, 'WTitten, pre-filed testimony, submitted under my name to CoIlier
County relating to the establishment of City Gate 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 a public
hearing to consider establishment of the City Gate Community Development District, 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 truth and accuracy of the Petition
Exhibit 6A
Pre-filed Testimony of Joseph R. Weber
Agenda Item No. 8D
December 1, 2009
Page 43 of 69
to establish the proposed City Gate Community Development District, the filing of the Petition
and the processing of the Petition, and the size and ownership of the lands comprising the
proposed District.
6. My testimony has been revised to correct minor typographical and grammatical
errors.
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 thisJ~ day of April, 2009.
~.
2009.
SWORN TO and SUBSCRIBED before me by the Affiant, on this .Jt.f day of April,
(J"f{i
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Agenda Item No. 8D
December 1, 2009
Page 44 of 69
1
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TESTIMONY OF JOSEPH WEBER, OWNER'S REPRESENTATIVE
1. Please state your uame and business address.
My name is Joseph Weber. My business address is 159 South Main Street, Suite
500, Akron, Ohio
2. By whom are you employed and in what capacity?
I am currently employed as Vice President by Brennan Management Group, LLC.
I am also currently employed as Vice President by 850 NWN, LLC and CG II,
LLC.
3. Please describe your duties in these positions.
As Vice President of 850 NWN, LLC and CG II, LLC, I am Tesponsible for the
oversight of all operations related to accounting, sales, land development,
construction, and property management services.
4. How long have you held these positions?
I have been employed by Brennan Management Group, LLC or its pTedecessors
since 1995. I have been employed by 850 NWN' LLC since it was formed in 2008
and by CG II, LLC since it was established in 2003.
5. Are you generally familiar with the geographical areas, type, and scope of
development and the available services and facilities within the proposed
community development district to be known as City Gate Community
Development District ("City Gate CDD")?
Yes. I am familiar with the City Gate COD area. I am also familiar with the type
and scope of development and the available services and facilities within the City
Gate COD.
6. Please describe your involvemeut with the Petition For An Ordinance to
Establish City Gate Community Development District ("Petition"),
I have been involved with the formation of the City Gate COD since its inception.
I was involved in the planning stages of the City Gate COD, and in the
preparation of the COD Petition and exhibits.
7. Have you reviewed the contents of the petition?
Yes, I have reviewed and approved the contents of the Petition and exhibits.
,,_..
1
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16.
8.
9,
10.
11,
12.
13.
14.
15,
Agenda Item No. 8D
December 1, 2009
Page 45 of 69
Are there any changes or corrections to the Petition at this time?
No.
Are there any changes or corrections to any of the exhibits attached to the
petition at this time?
No.
Are the contents of the Petition and the exhibits attached to it true and
correct to the best of your knowledge as of the date of your prepared
testimony is filed?
Yes.
When did the City Gate CDD file its Petition.
The Petition was filed with Collier County, Florida, in April, 2009.
In response to this Petition, what action has Collier County taken?
Collier County published a notice of the public hearing once a week for four
consecutive weeks in the Naples Daily News. A copy of the proof of publication
was submitted at the commencement ofthe hearing.
Is the Naples Daily News a newspaper of general circulation in the City Gate
CDD and Collier County?
Yes, it is.
Was this an ad published in the legal ads section of the paper or iu some
other location?
It was published in the local section of the newspaper.
Has the City Gate CDD received any other comments from the public or any
other governmental agency?
No.
Approximately how large is the land area proposed to be the City Gate
CDD?
The land area proposed to be the City Gate CDD consists of approximately 253:1:
/
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Agenda Item No. 8D
December 1, 2009
Page 46 of 69
1
2
3
4
5
6
7
8
9
10
1 1
12
13
14
acres.
17.
Who are the owners of the proposed land to be included in the City Gate
CDD who have given their consent as set forth in Exhibit "2" to the Petition?
All of the land within and comprising the proposed City Gate CDD is owned in
fee simple by 850 NWN, LLC and CG 11, LLC, each of which is a Florida limited
liability company. Both owners have given written consent to the establishment
of the City Gate CDD, and a copy of the consent is attached to the Petition.
18.
Does this conclude your testimony?
Yes.
Agenda Item No. 8D
December 1, 2009
Page 47 of 69
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH CITY
GATE COMMUNITY DEVELOPMENT
DISTRICT
I
AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
_.
I, Gary Butler, of Butler Engineering, Inc., being first duly sworn, do hereby state for my
affidavit as follows:
I. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Gary Butler, and I am a Registered Professional Engineer employed
by Butler Engineering, Inc.
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of the City Gate Community Development District, and
attached hereto, is true and correct.
4. If! were asked the questions contained in the pre-filed testimony orally at a
hearing before the Board of County Commissioners of Collier County regarding the
establishment of the City Gate Community Development District, my oral answers would be the
same as the written answers presented in my pre-filed testimony.
-
Exhibit 6B
Pre-filed Testimony of Gary Butler
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Agenda Item No. 8D
December 1, 2009
Page 48 of 69
5. My credentials, experience and qualifications concerning my work with land
development projects as a professional engineer are accurately set forth in my pre-filed
testimony.
6. My pre, filed testimony generally addresses the nature of the services and facilities
to be provided by the proposed City Gate 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.
7. My testimony has been revised to correct minor typographical and grammatical
errors.
Under penalties of petjury, I declare that I have read the foregoing and the facts alleged
are true and correct to the best of my knowledge and be . f.
Executed this '7 day of April, 2009.
SWORN TO and SUBSCRIBED before me by the Affiant, on this i~y of April,
2009.
NOTARY PUBUC.STATE OF FLORlDA
W Laura A. Zambelli
Commission # DD531645
Expires: MAR. 22, 2010
Bonded Thru Atlantic Bonding Co., Inc.
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Type of identification produced
Agenda Item No. 8D
December 1, 2009
Page 49 of 69
,."-
TESTIMONY OF GARY BUTLER, P.E,
1. Please state your name and business address.
My name is J. Gary Butler, PE. My business address is 2223 Trade Center Way,
Naples, Florida 34109.
2. By whom are you employed and in what capacity?
I am currently employed as a professional engineer with Butler Engineering, Inc., and I
am the President of Butler Engineering, Inc.
3. And what is the nature of your finn's business?
Butler Engineering, Inc. provides engineering, surveying/mapping, land planning and
landscape design services to private and government clients directly and through the
use of sub-consultants.
4. Please describe your experience and credentials, including your current
employment
I am a Registered Professional Engineer in the State of Florida with 25 years of
engineering experience.
5. Please describe your educational background, with degrees earned, major areas of
study, year of degree, and institutions attended.
I graduated from University of South Florida with a Bachelor of Science Degree in Civil
Engineering.
6. Do you hold any professional designations or certifications?
I am a Professional Engineer in the State of Florida, P.E. #35479.
7. Are you a member of any professional associations?
No.
8. Prior to your current employment, by whom were you employed and in what
position?
I was employed as a Professional Engineer for Wilson, Miller, Barton, Soli and Peek,
Inc. for five years as an engineer.
9, . Do you consider yourself an expert in civil engineering?
Yes.
10.
Please describe your experience with civil engineering relating to community
development districts ("COOs") and special districts.
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Agenda Item No. 8D
December 1, 2009
Page 50 of 69
I have provided engineering services for several COOs throughout my career, including
Pelican Marsh COD and Lely COD.
11. Do you consider yourself an expert in civil engineering, capable of rendering
expert opinions on COOs, and specifically on infrastructure for COD services?
Yes.
12. What has been your role with respect to the Petition to Establish ("Petition") City
Gate community Development District ("City Gate COD)?
My firm has provided civil engineering and consultation services to the proposed COD.
13. Are you familiar with the Petition filed to establish City Gate COD?
I have reviewed the Petition and its attachments, and I am familiar with the materials.
14. Have you reviewed the contents of the Petition?
Yes.
15. Are there any changes or corrections to the Petition at this time?
No.
16. Are there any changes or corrections to any of the exhibits attached to the
Petition at this time?
No.
17. Are you generally familiar with the geographical areas, type, and scope of
development and the available services and facilities within City Gate COD?
Yes, I am familiar with the area within City Gate COD ("COD Area"). I am also familiar
with the services and facilities available within City Gate COD.
18. Please provide us with a brief description of City Gate COD boundaries and
location.
The proposed City Gate COD is 252:t acres, as described by the sketch contained in the
Petition. It is located on the east side of Collier Boulevard, immediately north of the
White Lake Industrial Park and about 14 mile north of Interstate 75.
19. Please describe Exhibit "1" (Le., location map, sketch and metes and bounds
legal description of the boundaries of District); "3A", (Le., map of the proposed
stormwater sewer interceptors and outfalls, map of proposed water mains and
force mains) and -"38" (Le. timetable and estimated costs of construction of
~istrict capital improvement program).
Agenda Item No. 8D
December 1, 2009
Page 51 of 69
Exhibit 1 shows the location of the CDD Area within Collier County, a sketch of the area,
and a legal description of the lands to be included in the District.
Exhibit 3A is a map prepared by Butler Engineering, Inc. showing the master water
management plan, and the potable water and wastewater connections points where the
potable water and wastewater facilities will connect to public water and wastewater
utilities.
Exhibit 3B is a good faith estimate of the elements of the District capital improvement
program, their estimated costs and a timetable of the construction dates.
20. Are the contents of the Petition and the exhibits attached to it true and correct to
the best of your knowledge as of the date your prepared testimony is filed?
Yes.
let me ask you a few questions about certain opinions you may have based on your
experience with COOs, civil engineering, real estate development, and the development
of lands within City Gate COD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed
City Gate COD is of sufficient size, sufficient compactness, and sufficient
contiguity to be developed as a functionally interrelated community?
,..-.
Yes.
22. What is your opinion?
Based on my previous experience and review of the Petition and exhibits thereto, the
proposed City Gate CDD is of sufficient size, compactness and contiguity to be
developed as a functional interrelated community.
23. What is the basis for your opinion?
The project is compact with land use typical of a planned community. The development
of the land has been planned to be a functional interrelated community.
24. Based on your experience, do you have an opinion as to whether City Gate COO
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?
City Gate CDD is the best alternative to provide community development facilities to the
area to be served.
26.
Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by City Gate COD will be compatible with the uses and
existing local and regional facilities and services?
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Agenda Item No. 8D
December 1, 2009
Page 52 of 69
Yes.
27. What is your opinion and the basis for it?
eity Gate eoo's facilities and services within its boundaries will not duplicate any
available regional services or facilities within City Gate COO.
28. Based on your experience, do you have an opinion as to whether the area to be
included within City Gate COO is amenable to being served by a separate special
district government?
Yes, I do. It is my opinion that the area designated to be included in City Gate COO is
amenable to continued existence as a separate special district government.
29. What is the basis for your opinions?
It is clear that the lands in City Gate COD will continue to have the need for basic
infrastructure.
The land area for City Gate COD has been evaluated for sufficiency of size,
compactness, and contiguity and meets those tests. Therefore, from a professional
management perspective, the area to be served by City Gate COD is clearly amenable
to separate special-district governance.
The existing City Gate COD has the ability to provide facilities and services to the
benefit of its owners and residents, and the size and compactness of the area will not be
inconsistent with City Gate COD's ability to provide those services.
30. Turning now to the state and local comprehensive plan criteria of Section
190.005(1 He12., do you have an opinion as to whether the establishment of City
Gate COO is consistent with any applicable element or portion of the State
Comprehensive Plan?
Yes.
31. What is your opinion?
It is my opinion that the establishment of City Gate COD is not inconsistent with any
applicable element or portion of the state comprehensive plan.
32. What is the basis for that opinion?
I have reviewed, from a planning perspective, the State Comprehensive Plan,
particularly those portions which relate to CDDs. The State of Florida Comprehensive
Plan (Chapter 187, Florida Statutes) "provides long-range policy gUidance for the
orderly social, economic, and physical growth of the state." From a planning
perspective, four subjects, subject 15, 20, 25 and 17 of the State Comprehensive Plan
are relevant to the establishment of a COD.
33. What is Subject 15 and why is it relevant?
Agenda Item No. 8D
December 1, 2009
Page 53 of 69
Subject 15, entitled Land Use, recognizes the importance of locating development in
areas that have the fiscal abilities and service capacity to accommodate growth. It is
relevant because CDDs are designed to provide infrastructure services and facilities in a
fiscally responsible manner to the areas which can accommodate development. The
establishment of City Gate CDD will not be inconsistent with this goal because City Gate
CDD will have the fiscal capability to provide the specified services and facilities within
its boundaries. The CDD area is currently raw land without any development. At this
time, the landowners intend to form one CDD to provide the CDD area with
infrastructure and community services.
34. What is Subject 20 and why is it relevant?
Subject 20, entitled Governrnental Efficiency of the State Comprehensive Plan provides
that governments shall economically and efficiently provide the amount and quality of
services required by the public. The proposed City Gate CDD will be consistent with this
element because the proposed City Gate CDD will continue to:
(i) cooperate with other levels of Florida government
(ii) be established under uniform general law standards as specified in
Chapter 190, Florida Statutes;
(iii) be professionally managed, financed, and governed by those whose
property directly receives the benefits;
(iv) not burden the general taxpayer with costs for services or facilities inside
City Gate CDD; and
(v) plan and implement cost efficient solutions for the required public
infrastructure and assure delivery of selected services to residents.
35. You also mention Subject 25. What is this and why is it relevant?
This subject calls for systematic planning capabilities to be integrated into all levels of
government throughout the state, with particular emphasis on improving
intergovernmental coordination and maximizing citizen involvement. The proposed City
Gate CDD will be consistent with this element of the State Comprehensive Plan
because:
(i) the proposed City Gate CDD will systematically plan for the construction,
operation and maintenance of the public improvements and the
community facilities authorized under Chapter 190, Florida Statutes,
subject to and not inconsistent with the local government comprehensive
plan and development regulations;
(ii) City Gate CDD meetings are publicly advertised and are open to the
public so that all City Gate CDD property owners and residents can be
involved in planning for improvements;
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Agenda Item No. 8D
December 1, 2009
Page 54 of 69
(iii) Section 189.415, Florida Statutes, requires City Gate CDD to file and
update public facilities reports with the County, which it may rely upon in
any revisions to the local comprehensive plan.
36. Are there any other subjects within the State Comprehensive Plan which are
relevant?
Yes. Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17
relate to (i) protecting investments in existing public facilities; (ii) providing financing for
new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits
received by future residents; (iv) implementing innovative but fiscally sound techniques
for financing public facilities and (v) identifying and using stable revenue sources for
financing public facilities.
37. Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of City Gate COO is inconsistent with any applicable element or
portion of the Collier County Comprehensive Plan?
Yes.
38. What is that opinion?
The establishment of City Gate CDD is not inconsistent with any applicable element or
portion of the collier County Comprehensive Plan.
What is the basis for this opinion?
Chapter 190, Florida Statutes, prohibits any community development district from acting
in a way inconsistent with the local government's comprehensive plan, and the
exercising of any power must be done with the comprehensive plan in mind. Thus, any
activities of the CDD must be in compliance with County procedures and the use of
those powers granted to the CDD does not make it inconsistent with the local Collier
County Comprehensive Plan. I have examined the Future land Use Element (FLUE) of
the Collier County Plan and the proposed land uses within the proposed CDD are
consistent with the authorized uses contained in the FLUE.
39. Does this conclude your testimony?
Yes.
.
Agenda Item No. 8D
December 1, 2009
Page 55 of 69
.
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH THE
CITY GATE COMMUNITY DEVELOPMENT
DISTRICT
I
AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, G. Russell Weyer, being fIrst duly sworn, do hereby state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is G. Russell Weyer and I am employed as a Senior Associate with
Fishkind and Associates, Inc.
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of City Gate 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 a
hearing conducted by the Board of County Commissioners of Collier County concerning the
establishment of the City Gate Community Development District, my oral answers would be the
same as the written answers presented in my pre-filed testimony.
.-
Exhibit 6C
Pre-filed Testimony of Russ Weyer
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.
Agenda Item No. 8D
December 1, 2009
Page 56 of 69
.
5. My pre-filed testimony generally addresses the economic factors considered in the
establishment of the proposed City Gate Community Development District, the truth and
accuracy of the Petition to establish the proposed District, and the compliance of the Petition
with the factors to be considered in the establishment of a community development district
6. My testimony has been revised to correct minor typographical and grammatical
errors.
Under penalties of peJjury, 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 3 0 day of April, 2009.
G. Russell
.
'-.....
2009.
SWORN TO and SUBSCRIBED before me by the Affiant, on this:? day of April,
:.............................................
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Agenda Item No. 8D
December 1, 2009
Page 57 of 69
TESTIMONY OF RUSS WEYER
1. Please state your name and business address.
My name is Russ Weyer. My business address is 1415 Panther Lane, Suite 248,
Naples, Florida 34109.
2. By whom are you employed and in what capacity?
I am Senior Associate with Fishkind & Associates, Inc.
3, And what is the nature of your firm's business?
Fishkind & Associates, Inc. is an
headquartered in Orlando, Florida.
services to its clients:
economic and financial consulting firm
The firm provides four general types of
· Economic studies including market feasibility research
. Quarterly economic forecasts for the U.S., Florida and its major metro areas
. Litigation support services including expert testimony
. Financial Advisory services primarily for community development districts
("COD")
4. Please describe your experience and credentials, including your current
employment?
I hold a M.B.A. in Finance and Real Estate and a B.A. in Communications. My
real estate experience includes 13 years in various marketing and P&L positions
Westinghouse Communities, Inc., in Naples, Florida. In 1997, I became President
of the largest real estate development company in Northwest Ohio. I then became
Vice President of Resort Operations at Lake Las Vegas in 1999. Lake Las Vegas
is a 3,500-acre master planned community in Henderson, Nevada. In 2000, I
moved back to Naples as President of Romanza Interior Design, a subsidiary of
London Bay Homes. I started a real estate development consulting company in
2001, consulting for a number of major developers in the Southwest Florida area.
In 2003, I became Vice President of Development for JED of Southwest Florida,
a major commercial real estate developer. Then in September, 2004, I joined
Fishkind & Associates as Senior Associate. At Fishkind & Associates, I am
working on the formation and management of a number of community
development districts around Florida in addition to working on a number of
projects both public and private sector that require economic and fiscal analysis.
-
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Agenda Item No. 8D
December 1, 2009
Page 58 of 69
S. Please describe your educational background, with degrees earned, major
areas of study, year of degree, and institutions attached.
In 1997, I obtained a Bachelor of Arts degree in Communications from Michigan
State University in East Lansing, Michigan. Major areas of study included human
behavior research, leadership, persuasion and non-verbal communication.
In 1993, I acquired a Masters in Business Administration from the University of
Miami, Coral Gables, Florida. My major areas of study were finance, real estate,
economics and business law.
6. Do you hold any professional designations or certifications?
Yes. [earned an Accredited Public Relations Professional with the Florida Public
Relations Association in 1989.
7. Are you a member of any professional associations?
Yes. I'm a full member of the Urban Land Institute (ULl), a Washington, D.C.-
based not for profit organization dedicated to providing responsible leadership in
the use of land in order to enhance the total environment. I am also the past
Chainman of ULl' s Southwest Florida District Council, which oversees all ULl
activities in the five-county rcgion of Charlotte, Collier Hendry, Glades and Lee.
8. Prior to your current employment, by whom were you employed and in what
position?
I was employed by JED of Southwest Florida, Inc., as Vice President of
Development. JED is a major Southwest Florida commercial and residential
developer.
9. Have you previously worked with other COO petitions? Have you previously
prepared a Statement of Estimated Regulatory Costs ("SERC")?
Yes, I have been involved with approximately 7 COOs, and have prepared
Statements of Estimated Regulatory Costs.
10. Have you ever been qualified as an expert in the preparation of sucb
economic statements?
Yes. Most recently, I was so qualified in the fonmation of the Downtown Doral
Community Development District in Miami, Florida.
2
Agenda Item No. 8D
December 1, 2009
Page 59 of 69
ll. Please summarize your previous work experience relating to CDDs and
special districts in general.
I serve as financial advisor to 5 CDDs and my firm is Financial Advisor to over
50 CD Os. As Financial Advisors to COOs, our firm has assisted clients in
successfully financing more than 100 transactions, raising almost $3-Billion.
Also, we maintain the lien books and file the tax rolls for 7 CDDs and special
districts.
While with Westinghouse, I served as a Board Member on the Bayside
Community Development District in Bonita Springs, Florida and was the
developer's representative in the formation of the Pelican Marsh Community
Development District in Naples, Florida.
Finally, I have qualified and given testimony as an expert witness involving
special assessments.
12. Where in Florida are the districts with which you have worked?
Miami-Dade, Broward, Charlotte, Collier, and Lee Counties.
13.
Please list the proceedings in which you have been qualified as an expert
witness regarding the establishment (including contractions or additions to)
of COOs, and the operation and management of COOs.
-
I have qualified on more than 5 such occasions. The latest of these is related to
the current formation of the Downtown Doral Community Development District
in Miami, Florida.
14. Do you consider yourself an expert in the operation and management of
COOs?
Yes.
15. Do you consider yourself an expert in economic analysis and forecasting in
general and regarding CDDs?
Yes.
16. Are you familiar with the geographical areas, type, and scope of development.
and the available services and facilities within the City Gate COD?
Yes. I am familiar with the City Gate COD area. I am also familiar with the type
and scope of development, and services and facilities available within the City
Gate COD.
.-
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Agenda Item No. 8D
December 1 , 2009
Page 60 of 69
17. Please describe your involvement with the Petition to establish the
boundaries ofthe City Gate CDD?
I drafted the Statement of Estimated Regulatory Cost (SERC), and I have
provided the COO team with expert COD consulting services involving the
formation of the City Gate COD.
18. Are you familiar with the Petition filed to establish the City Gate CDD?
Yes.
19. Have you reviewed the contents of the Petition and the exhibits?
Yes.
20. Please generally describe each of the exhibits attached to the Petition.
Petition Exhibit" I" is a location map, sketch and legal description of the City
Gate COD.
Petition Exhibit "2" is a Consent of Property Owners.
Petition Exhibit "3" includes (A) a map of the proposed water management plan,
conceptual potable water plan and conceptual waste water plan, and (B) the
proposed timetable and estimated costs of construction.
Petition Exhibit "4" is the Master Site Plan for City Gate COD.
Petition Exhibit "5" is the Statement of Estimated Regulatory Costs.
21. Are the contents of the Petition and the exhibits attached to it true and
correct to the best of your knowledge as of the date of your prepared
testimony is filed?
Yes.
4
Agenda Item No. 8D
December 1, 2009
Page 61 of 69
22. Why is City Gate COO petitioning for an ordinance to establish the City
Gate COD?
The COO Property is the best alternative available to deliver community
development services to the area to be served. The COO will provide a
governmental entity to provide community services and facilities in a manner that
does not financially impact persons residing outside the COO, and will provide a
responsible perpetual entity capable of making reasonable provisions for
operation and maintenance of the COD's services and facilities in the futuTe. The
establishment of the COD will prevent the general body of tax payers in Collier
County from bearing the burden for installation of the infrastructure and the
maintenance of the above-described facilities within the development
encompassed by the COD, and will be compatible with the capacity and uses of
existing local and regional services and facilities.
Let me ask you a few questions about certain opinions you may have based on your
experience in COD management, real estate development and the development of lands
within the City Gate COD in particular.
23. Based on your experience in COD management, do you have an opinion as to
whether the proposed City Gate COD is of sufficient size, sufficient
compactness, and sufficient contiguity to be developed as a functionally
interrelated community?
Yes.
24. What is your opinion?
Based on my previous experience and my review of the exhibits to the Petition,
the proposed City Gate CDO is of sufficient size, compactness and contiguity to
be developed as a functional interrelated community.
25. What is the basis for your opinion?
The project is compact with land use typical of a planned commercial/light
industrial project. The development of the land has been planned to be a
functional interrelated project.
26. Based on your experience, do you have an opinion as to whether the City
Gate COD is the best alternative available to provide community
development services and facilities to the remaining area that will be served?
Yes.
-
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Agenda Item No. 8D
December 1, 2009
Page 62 of 69
27. What is your opinion and the basis for it?
The City Gate COO is the best alternative to provide community development
facilities to the area to be served. This is true for the landowners and the
governmental entities for the following reasons:
From the perspective of current and future property owners in City Gate COD, the
COD is the best alternative for providing community facilities, infrastructure, and
services. The land development envisioned for the area in the COO will require
substantial provision of infrastructure, facilities and services. The COO is an
alternative method to provide these necessary services. The COD can access the
tax-exempt public capital markets and thereby fund these facilities and services at
a lower cost than the alternative of developer funding. Furthermore, unlike a
homeowners association (HOA), the COD has the power to assess property and
collect those assessments along with other property taxes. Therefore, a COD can
fund large capital improvement programs that a HOA cannot.
With regard to the operations and maintenance of community facilities and
services, the COO is also the best alternative. The COD is preferable to an HOA
or property owners association to future landowners for several reasons. First,
unlike a HOA, the COD collects funds for operations and maintenance directly
from assessments collected along with all other property taxes, a more assured
income stream. Unlike a HOA, a COD is a unit of local government and it must
hold its meetings in the sunshine and bid out its contracts. A COD provides
control to the landowners much sooncr in time than a HOA. A COD is focused
on providing the community with services, facilities, and their maintenance in a
way the general purpose government, with its competing interests and broad
responsibilities, is not. This level of local control serves the best interests of
property owners in the COD.
From the perspective of the State of Florida, Collier County, and the water
management district, a COD is the best alternative for providing community
facilities and their operations and maintenance for a variety of reasons. . First, as
noted above, compared to an HOA. the COD is a more powerful and more
responsive organization for providing and for maintaining infrastructure and
services. Second, with a COD, the County would have to assume some
responsibility for construction, operations, and maintenance of community
facilities and services. Even if the County formed a dependent district to provide
community facilities and services to the area to be served by the COO, and
charged appropriately for these services, the County would be enmeshed in the
responsibilities and in the management. Furthermore, without a COD, the County
cannot be assured that only residents of the area to be served by the COD would
bear the full costs of the needed facilities and services.
6
Agenda Item No. 8D
December 1, 2009
Page 63 of 69
28. Based on your experience, do you have an opinion as to whether the services
and facilities to be provided by the City Gate CDD will be compatible with
the uses and existing local and regional facilities and services?
Yes.
29. What is your opinion and the basis for it?
The City Gate COD's facilities and services within the boundaries will not
duplicate any available regional services or facilities within the City Gate COD.
The COD will provide infrastructure services and facilities that do not overlap
with those provided by others and are required under the development agreements
governing the property.
30. Based on your experience, do you have an opinion as to whether the area to
be included within the City Gate CDD is amenable to being served by a
separate special district government?
Yes, I do. It is my opinion that the area designated to be included in the City Gate
COD is amenable to existence as a separate special district government.
31. What is the basis for your opinions?
.'-',
It is clear that the lands in the City Gate COD will continue to have the need for
basic infrastructure.
The land area for the City Gate COD has previously been evaluated for
sufficiency of size, compactness, and contiguity and meets those tests. Therefore,
from a professional management perspective, the area to be served by the
proposed boundaries of the City Gate COD is clearly amenable to separate
special-distinct governance.
The City Gate COD has been shown the ability to provide facilities and services
to the benefit of its owners and residents, and the size and compactness of the area
will not be inconsistent with the City Gate COD's capability to provide those
.
services.
Turning to the economic exhibits and opinions, we will begin addressing portions of the
Petition to Establish the City Gate CDD boundaries that relate to certain economic analysis
matters, including the exbibits, and your expert opinions on economic analysis issues.
32, Are you familiar with Petition Exhibit "5"?
Yes, I am. It is the SERC (Statement of Regulatory Costs) required by Chapters
190 and 120, Florida Statutes.
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Agenda Item No. 8D
December 1, 2009
Page 64 of 69
33. How are you familiar with it?
I prepared the SERC in accordance with the statutory requirements.
34. Are there any corrections that need to be made?
No. This exhibit is true and correct.
35. In general terms, please summarize the economic analysis you have
presented in the SERe.
First, the boundaries of City Gate CDD will have no cost impact on State, County,
or City government beyond the processing of the Petition. The processing costs
are modest and will largely be offset by the filing fees charged for the fonnation
of COOs. Second, the .boundaries will have no negative economic impact on
future landowners within the CDD boundaries. Third, the CDD will not have any
impact on small businesses.
36. Please describe briefly the data and methodology you used in preparing the
SERC and related analysis.
The data for the analysis came from the landowner, other experts working on the
Petition, and from the Petition itself. The methodology is a standard economic
impact assessment.
37. Turning now to the state and local comprehensive plan criteria of Section
I90.005(1)(e)2, do you have an opinion as to whether the establishment of the
City Gate CDD is inconsistent with any applicable element or portion of the
State Comprehensive Plan?
Yes.
38. What is your opinion?
It is my opinion that the establishment of the City Gate CDO is not inconsistent
with any applicable element or portion of the state comprehensive plan.
39, What is the basis for that opinion?
I have reviewed, from a planning perspective. the State Comprehensive Plan,
particularly those portions which relate to COOs. The State of Florida
Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy
guidance for the orderly social, economic, and physical growth of the state."
From a planning perspective, four subjects, subject 15,20,25, and 17 of the State
Comprehensive Plan are relevant to the establishment of a COD.
8
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Agenda Item No. 8D
December 1, 2009
Page 65 of 69
40. What is Subject 15 and why is it relevant?
Subject 15, entitled Land Use, recognizes the importance of locating development
in areas that have the fiscal abilities and service capacity to accommodate growth.
It is relevant because COOs are designed to provide infrastructure services and
facilities in a fiscally Tesponsible manner to the areas which can accommodate
development. The City Gate CDD will not be inconsistent with this goal because
the City Gate COD will have the fiscal capability to provide the specified services
and facilities within its boundaries. The proposed COD is currently raw land
without any development, and the undeveloped land owned and/or to be acquiTed
by the developer will be under the jurisdiction of the City Gate COD.
41. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan,
provides that governments shall economically and efficiently provide the amount
and quality of services required by the public. The proposed City Gate COD will
be consistent with this element because the COD will continue to:
(i) cooperate with other levels of Florida government;
(ii) be established under uniform general law standards as specified in
Chapter] 90, Florida Statutes;
(iii) be professionally managed, financed, and governed by those whose
property directly receives the benefits;
(iv) not burden the general taxpayer with costs for services or facilities
inside the City Gate COD; and
(v) plan and implement cost efficient solutions for the required public
infrastructure and assure delivery of selected services to residents.
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Agenda Item No. 8D
December 1, 2009
Page 66 of 69
42. You also mentioned Subject 25. What is this and why is it relevant?
This subject calls for systematic planning capabilities to be integrated into all
levels of government throughout the State, with particular emphasis on improving
intergovernmental coordination and maximizing citizen involvement. The
proposed City Gate CDD will be consistent with this element of the State
Comprehensive Plan because:
(i) the proposed City Gate CDD will systematically plan for the
construction, operation and maintenance of the public
improvements and the community facilities authorized under
Chapter 190, Florida Statutes, subject to and not inconsistent with
the local government comprehensive plan and development
regulations;
(ii) the City Gate CDD's meetings will be publicly advertised and are
open to the public so that all City Gate CDD land owners can be
involved in planning for improvements;
(iii) Section 189.41 S, Florida Statutes, requires the City Gate CDD to
file and update public facilities reports with the County, which it
may rely upon in any revisions to the local comprehensive plan.
(iv) The City Gate CDD will be able to coordinate the provision of
facilities and services within the City Gate CDD.
43, Are there any other subjects within the State Comprehensive Plan which are
relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of
Subject 17 relate to (i) protecting investments in existing public facilities; (ii)
providing financing for new facilities, (iii) allocating the costs of new public
facilities on the basis of the benefits received by future residents; (iv)
implementing innovative but fiscally sound techniques for financing public
facilities; and (v) identirying and using stable revenue sources for financing
public facilities.
44. Do you have an opinion, as someone with expertise in planning, as to whether
the establishment of the City Gate CDD is inconsistent with any applicable
element or portion of the Collier County Comprehensive Plan?
Yes.
10
Agenda Item No. 8D
December 1, 2009
Page 67 of 69
45. What is that opinion?
The establishment of the City Gate CDD is not inconsistent with any applicable
element or portion of the Collier County Comprehensive Plan.
46. Does this conclude your testimony?
Yes.
-
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Agenda Item No. 8D
December 1, 2009
o e 68 of 69
PUBLIC NOTICE
PUBUC NOTICE
PUBUC NOTICE
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County, Florida (the "Board; hereby gives notice to the citizens of
Collier County tflat a public hearing shall be conducted in accordance with the requirements and procedures of
Section 190.005, Florida Statutes. at 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Build-
ing (BJdg -Fj Collier County Government Center, 3301 Tamlaml Trail, East, Naples, Florida, on Tuesday, November
10,' 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber,
Vice President, through authorized agent Donald A. Pickworth Esq., PA, for 1he establishment of a Community
Development District (COD) form of special -purpose local govemment to be known as the City Gate COO and the
creation of the district by the adoption of a Collier County Ofdinance titled as set forth above pursuant to Sec- ,
tion 190.005(2), Florida Statutes. The district government would serve an area of land in Col/ierCounty generally
, described as follows:
The proposed District is located entirely within the unincorporated area of Collier County, Florida The proposed
district covers approximately 253.~ acres of larnt The site is In the area of the northeastern quadrant of the
intersection of 1~75 and, County Road 951, Collier Boulevard, wTthin Section 35, Township 49 South, Range 26' '.
East. as depicted below. ..
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A community deveiopment district is a fonn of special purpose government used to provide Infrastructure subject
to the regulatory requirements of both the State of Fiorida and Collier County governing any existing or ~ure
laWful use and development of the land described above, and specifically governing the planning, implementa-
tion, maintenance, and, financing of basic community facilities, systems, and services which may be required
of any such development consistent with principles of concurrency, comprehensiyg planning, and development -
permitting.
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On April 7, 2009, Joseph A. Weber Vice President of B50 NWN, LlC and CG II, LLC (Petitioner's), officially s,ubmit-
ted and filed tis Petition for an Ordinance to Establish the City Gate Community Development District, along with
the application-processing fee of $15,000.00, for review by. the County.
The Board's consideration of the COD Petition will co'mply with Section 190.005, Florida Statutes, ,In conducting,
this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the
six factors listed in Section 190.005(1 )(e), Rorida Statutes, and determine whether Collier County will establish the
City Gate Community Development District by adoption of the ordinance. '
.
.
According to the Petition, at least four categories of persons may be affected by the economic consequences of
the proposed distrfct establishment: State of Florida and Its citizens {modest or very smalQ; Collier County and its
citizens (modest or very small); the present property owners; BRd the Mure property owners.
A copy of the full text 01 the Petitioner's statement of estimated regulatory costs in accordance with 1I:1e require-
ments of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is
available for review, along with a copy of the full text of the petition and any of its documentation and the omi.
nance, at the Office of the County Clerk, Collier County, 3301 Tamlami Trail, East, Naples, Florida
Copies of 1he petition, which contains the legal description of the real property to be serviced by the proposed
district and the ordinance, are also on file at the Collfer County Comprehensive Planning Department, at 2800
North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend.
If a person decides to appeal any decision made by the Board of County Commissionef'5 with respect to any
matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he
may need 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.
October 15, 2009, October 22, 2009
and November 4, 2009
City Gate Community Development District
Joseph R. Weber, Vice President
850 NWN, LlC, and CG II, lLC (Petitioner's)
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
DONNA AAlA CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia L Morgan, Deputy Clerk (Seal)
No. 231136694
.octQber 15. 22. No~ember 4,2009
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.Elli!LIC It!ll'lCE PUllLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
AND NOTICE OF INTENT
TO CONSIDER ORDINANCE
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSlONERS OF CDL-
UER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE
COMMUNfT'( DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAl
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE
DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVI-
SIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING
FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE GODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECnVE DATE.
The Board of County Commissioners of Collier County, Florida (the "Board~) hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted In ac.
cordance with the requirements and procedures of Section 190.005, Florida St~tu~es, at
9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F'1
Collier County 'Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday,
November 10, 2009. The subject of the Public Hearing is consideration by the Board of a
petition flied by Joseph R. Weber, Vice President, through authorized agent Donald A. Pick-
worth Esq., P.A., for the establishment of a Community Development District (COD) form of
spacial purpose local government to be known as the City Gate CDD and the creation of the
district by the adoption of a Collier County Ordinance titled as set forth above pursuant to
Section 190.005(2), Florida_Statutes. The district government would serve an area of land
In Collier County generally described as follows:
The proposed District is located entireiy within the unincorporated area of Collier County,
Florida. The proposed district covers approximately 253.05:l: acres of land. The s!le is in
the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Col-
lier Boulevard, within Section 35, Township 49 South, Range 26 East. as depicted below.
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A community development district is a form of special purpose government used to provide
infrastructure subject to the regulatory requirements of bolli the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, Implementation, maintenance, and financ-
ing of basic community facilities, systems, and services which may be required 01 any
such development consistent with principles of concurrency, comprehensive.planning, and
developmerrtpellTlitting.
. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Peti-
tioner's), officially submitted and filed its Petl1ion for an Ordinance to Establish the City Gate
Community Development District, along with the application-processing fee of $15,000.00,
for review by the County.
The Board's consideration of the CDD Petition will comply with Section 190.005, Florida
Sta1utes, In conducting this Public Hearing. The purpose of this hearing is to consider the
relatibnship of the petition as submitted, to the six factors listed in Section 190.005(1)(e),
Florida S~atutes, and determine whether Collier County will establish the City Gate Com-
munity Development District by adoption of the ordinance.
According to the Petition, alleast four categories of persons may be affected by the eco-
nomic conse.quences of the proposed district establishment: State of Florida and Its citizens
(modest or very small); Collier County and Its citizens (modest or very small); the present
property owners: and thefulure property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accor-
dance witll the requirements of Section 120.541. Florida Statutes, including an explanation
of its computations and determinations, is available lor review, along with a copy of th~
lull text of the petition and any of Its documentation and the ordinance, at the Office of the
County Clerk, Collier County, 3301 Tamiaml Traii, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be ser-
viced by the proposed district and the ordinance, are also on file at the Collier County
Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida All
interested persons are invited to attend,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting Of hearing, he will need a record of
that proceeding, and for such purpose he may need 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.
-.
October28,20D9-
City Gate Community Development District
Joseph R. Weber, Vice Presldent
850 NWN, LLC, and CG II, LLC (Petitioner's)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIAlA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia L Morgan, Deputy Clerk {Sea~
Na.2:l1138~7
Ocwber28 :2009
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Agenda Item No. 8D
December 1, 2 09
Page 69 0 69