Backup Documents 09/27/2016 Item #17A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 ATO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners ?/ Q`2-4\
5. Minutes and Records Clerk of Court's Office gt.j rr�
1`L I 4: m
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Marcia R.Kendall,Senior Planner Phone Number 252-2387
Contact/ Department
Agenda Date Item was c:\\2:-\\\.47 Agenda Item Number 17A
Approved by the BCC
Type of Document Ordinance w/Exhibit"A"backup Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applic.ble)
1. Does the document require the chairman's original signature? C- dV-- 'plc-
2. Does the document need to be sent to another agency for additional signatures? If yes, X
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. mrk
4. All handwritten strike-through and revisions have been initialed by the County Attorney's tea .
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the mrk
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip mrk
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to lahassee within a certain
time frame or the BCC's actions are nullified. Be aware of ur deadlines!
8. The document was approved by the BCC on 9/27/201 and all changes made during mrk
the meeting have been incorporated in the attached document. The County loifotalt
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by` . v craw e
BCC,all changes directed by the BCC have been made,and the document is ready or the -1i)ga9���
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
17A .
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, September 29, 2016 11:31 AM
To: KendallMarcia (MarciaKendall@colliergov.net)
Subject: Validated Ordinance 2016-28
Attachments: Ordinance 2016-28.pdf
Attached for your records.
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(&,collierclerk.com
. 1 7 A
ORDINANCE NO.2016 - 2 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE FRONTERRA
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 33.21 ACRES; PROVIDING FOR THE AUTHORITY
OF THE ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF
THE BOUNDARIES FOR THE FRONTERRA COMMUNITY
DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION
OF THE INITIAL BOARD MEMBERS; PROVIDING FOR THE
DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR PETITIONER'S
COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, CCC Fronterra, LLC, a Florida limited liability company has petitioned the
Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of
the State of Florida, to establish the FRONTERRA 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 and meets the requirements of Section 190.005, Florida
Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
[16-CPS-01549/1259588/1 1
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6. The area that will be served by the District is amenable to separate special-district
government.
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
WHEREAS, pursuant to Section 190.012(2)(a) and (d), Florida Statutes, upon the
establishment of the proposed community development district, the District Board of Supervisors
have sought consent from Collier County for the grant of authority to exercise special powers
without question as to the continued right, authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
[16-CPS-01549/1259588/1 2 344a
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SECTION TWO: ESTABLISHMENT OF THE FRONTERRA COMMUNITY
DEVELOPMENT DISTRICT
The Fronterra Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. David Genson 2. Brian Goguen
2600 Golden Gate Parkway 2600 Golden Gate Parkway
Naples, FL 34105 Naples, FL 34105
3. Hal Eisenacher 4. Diana Ibarria
135 San Lorenzo Avenue, Suite 740 135 San Lorenzo Avenue, Suite 740
Coral Gables, FL 33146 Coral Gables, FL 34146
5. Mike Levak
135 San Lorenzo Avenue, Suite 740
Coral Gables, FL 33146
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Fronterra Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Fronterra 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 Fronterra Community Development
District will be duly and legally authorized to exist and exercise all of its powers as set forth in
Section 190.012(1), Florida Statutes, and as otherwise provided by law. The Board hereby
consents to the exercise by the Board of Supervisors of the District of the special powers set
[16-CPS-01549/1259588/1 3
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forth in Section 190.012(2)(a) and (d), Florida Statutes, to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
(1)Parks and facilities for indoor and outdoor recreational, cultural, and educational uses and (2)
Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-
detection systems, and patrol cars, when authorized by proper governmental agencies; except
that the district may not exercise any police power, but may contract with the appropriate local
general-purpose government agencies for an increased level of such services within the district
boundaries.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (1) elect one
resident of the District to the five member Board of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a Notice of Assessments containing the specific
terms and conditions of any special assessments imposed to secure bonds issued by the District,
which notice shall be recorded immediately after any such bond issuance. The Board shall retain
any and all rights and remedies available at law and in equity to enforce Petitioner's
Commitments against Petitioner, its successors and assigns.
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.
[16-CPS-01549/1259588/1 4 043
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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.Z1kV day of 5 \o W ' ,2016.
ATTEST: DWIGHT E. I3ROCK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
x
Ey: �\ By:1149
Attest as to Chainnat' 1 rk 13ONNA FIALA, CHAIRMAN
Ap+ a{
S re to storm and- : ity:
I
i1' 1
Jeffre 1 A. atzkow
Coun A 1.rney
[16-CPS-01549/1259588/1 5
EXHIBIT A
( . Stantec 17A
3200 Bailey Lane, Suite 200, Naples FL
LEGAL DESCRIPTION
Of part of Section 34,
Township 49 South, Range 26 East,
Collier County, Florida
(Fronterra CDD Boundary)
Revised 06/24/16
All of that part of part of Section 34, Township 49 South, Range 26 East, Collier County,
Florida, being more particularly described as follows;
Commencing at the Southwest corner of Lot 1, according to the plat of Alligator Alley
Commerce Center Phase Two, Plat Book 49, pages 60-64, of the public records of Collier
County, Florida;
Thence along the east line of the west 1/2 of the southeast 1/4 of said Section 34, North 00°26'06"
West 318.94 feet to the POINT OF BEGINNING; .
Thence leaving said west line South 89°33'54"West 566.00 feet;
Thence South 00°26'06" East 54.00 feet;
Thence 39.27 feet along the arc of a non-tangential circular curve concave southeast having
a radius of 25.00 feet through a central angle of 90°00'01"and being subtended by a chord
which bears South 44°33'54"West 35.36 feet;
Thence South 00°26'06" East 21.27 feet;
Thence 52.90 feet along the arc of a circular curve concave east having a radius of 135.00
feet through a central angle of 22°27'01"and being subtended by a chord which bears
South 11°39'37" East 52.56 feet to a point of reverse curvature;
Thence 106.97 feet along the arc of a circular curve concave west having a radius of 273.00
feet through a central angle of 22°27'01" and being subtended by a chord which bears
South 11°39'37" East 106.29 feet;
Thence South 00°26'06" East 31.38 feet;
Thence 38.97 feet along the arc of a circular curve concave northeast having a radius of
25.00 feet through a central angle of 89°18'21"and being subtended by a chord which bears
South 45°05'17" East 35.14 feet to a point on the north right-of-way line of Davis Boulevard
(State Road 84);
Thence along said north line North 89°44'27"West 190.63 feet;
Thence leaving said north line North 00°26'06"West 2,388.76 feet to the south right-of-way
line of 1-75(State Road 93);
Thence along said south line South 69°00'50" East 406.89 feet;
Thence continue along said south line South 63°2729" East 389.61 feet to the east line of
the west 1/2 of the southeast 1/of said Section 34;
Thence along said west line South 00°26'06" East 1,753.27 feet to the POINT OF
BEGINNING.
Containing 33.21 acres more or less.
Subject-to easements and restrictions of record.
Bearings are based on the north line of said Davis Boulevard being North 89°44'27"West.
Certificate of authorization#LB-7866.
Stantec Consulting Services, Inc.
Registered E i eersfand Land Surveyors
By: ( / '1(e�%. Date:June 24, 2016
J n Maloney, Prof ssional Surveyor and Mapper#LS4493
R f:2C- 155
No id unless emb. sed with the Professional's seal. ®V)
1
OWNER/CLIENT/CONSULTANT: PROJECT: TITLE: SEC:34 TWP:49S RGE:26E
, Designed F by
JINSULA ,. Drawn by:
ENGINEERING'"' CCC FRONTERRA, FRONTERRA METES AND Date: JUNE2016
2600 Golden Gate Parkway BOUNDS Drawing Scale:
Naples,Florida 34105 LLP CDD Project Number. P-BCNI-002
Phone:239.403.6700 Fax:239.261.1797 DESCRIPTION File Number. P-BCNI-002-002-X06-2A
Email:info@pen-eng.com X06-2A
Website:www.pen-eng.com
Florida Certificate of Authorization#28275 . Sheet Number 1 of 1
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FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 29, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-28, which was filed in this office on September 29,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us