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Agenda 09/09/2014 Item # 9A Proposed Agenda Changes Board of County Commissioners Meeting September 9, 2014 Add On Item #10D: Recommendation to name the pavilion at the Rover Run Dog Park, located within Veteran's Community Park, in memory of Stephen A. Duzick. (Commissioner Hiller's request) Continue Item #11A to the September 23,2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mills of Ad Valorem Taxes per year to reimburse the County$10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Continue Item#16D4 to the September 23,2014 BCC Meeting: Recommendation to award Invitation to Bid (ITB)#14-6278RR, "Aquatic Maintenance Support Services" to Vista Pools,Inc.,to provide preventive as well as on-call maintenance and repair support for County-owned and operated aquatic facilities. Estimated annual fiscal impact is approximately$80,000. (Staffs request) Continue Item#16D17 to the September 23,2014 BCC Meeting: Recommendation to approve two Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or mitigation with Florida Department of Economic Opportunity,and approve two associated subrecipient agreement amendments. The proposed modifications do not change the amount of the grant award. (Staffs request) Withdraw Item#16H1: Recommendation to appoint one member to the Pelican Bay Services Division Board. (County Attorney's Office and Pelican Bay Services Division separate requests) Note: Item #9A title should include: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (County Attorney's request) Time Certain Items: Items#10C and#13B to be heard immediately following Items#5D and#5E. 9/9/2014 0:40 AM 9/9/2014 9.A. EXECUTIVE SUMMARY Recommendation to Consider Adoption of an Ordinance Establishing the Falls of Portofino Community Development District(CDD)Pursuant to Section 190.005,Florida Statutes. OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the establishment of the Falls of Portofino CDD by adoption of an Ordinance. BACKGROUND: The Falls of Portofino comprises a portion of the Wolf Creek Residential Planned Unit Development (RPUD), as originally approved by the Board of County Commissioners on September 23, 2003, by Ordinance No. 2003-45. The original Wolf Creek RPUD Ordinance has since been repealed and supplanted by updates twice—wholly, on May 22, 2007 by Ordinance 07-46,and most recently, in part,on June 9,2009 by Ordinance No. 2009-34. Additionally,the Board previously heard the petition in substantial part on May 22-23, 2007 and the petition was denied by a 3-2 vote, citing that the CDD was of insufficient size and was not the best alternative to deliver the services to the District. "Attached are copies of the May 22-24, 2007 Executive Summary and Board Meeting Minutes for your reference." CONSIDERATIONS: On October 26, 2012, Prime Homes at Portofmo Falls, LTD, a Florida Limited Partnership, by and through their undersigned attorney, filed a petition with the Comprehensive Planning Section of the Planning and Zoning Department, Growth Management Division for the establishment of the Falls of Portofino Community Development District (FPCDD). A mandatory$15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida and covers 68.39 acres, more or less, of land. The site is located in Section 34,Township 48 South,Range 26 East. The proposed District is, for the most part, bounded on the south by Vanderbilt Beach Road, on the west by the neighboring Island Walk community, on the north and east by adjacent Wolf Creek RPUD property. Collier Boulevard(CR 951) lies approximately one-half mile 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, appear as "Exhibit 1" and "Exhibit 2" to the petition. The landowners'consents to the establishment of the proposed CDD appear as"Exhibit 3" of the petition. The CDD is comprised of approximately 68.39 acres, more or less, of the previously approved Planned Unit Development (PUD) known as the "Wolf Creek RPUD." The present proposal for these parcels is to put stormwater drainage, potable water and wastewater facilities, and to make rights-of-way and open space improvements throughout the Falls of Portofino portion of Wolf Creek. The proposed CDD comprises a portion of the Wolf Creek RPUD, approved for up to 671 residential dwelling units. By approving the petition and adopting the Ordinance, the Board of County Commissioners would grant the District,through its Board of Supervisors,the authority to finance and manage Packet Page-23- 9/9/2014 9.A. certain basic infrastructure for the benefit of the landowners and residents of the Falls of Portofino. This infrastructure, under Section 190.012(1), Florida Statutes, includes basic urban systems, community facilities, services, public improvements and projects, including water supply, sewers and wastewater management, surface water control and management (drainage), road rights-of-way and open space improvements. If adopted, this Ordinance will not further constitute consent by the County to the exercise of certain additional special powers authorized by Sections 190.012(1) and (2), Florida Statutes. The proposed CDD petition could otherwise include the authority to finance and manage transit facilities and services;parks and facilities for indoor and outdoor recreational, cultural, and educational uses; fire prevention and control; environmental mitigation, public school facilities; security, including, but not limited to, guard- houses, fences and gates, electronic intrusion-detection systems, and patrol cars; pest control; and,solid waste collection and disposal, if such consent is sought by the Petitioner at a later time. 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 of law, 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,conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and. reporting requirements to various local and state agencies, consultants' competitive negotiation procedures,competitive bidding procedures and others. The adoption of the CDD Ordinance does not constitute a form of development approval. Adoption of the CDD and compliance with these many procedural requirements does not, in any way, allow the District to manage and finance any of these services and facilities without showing that all legitimate policies,constraints,authorities, controls,permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. In essence, adoption of the CDD Ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense,the Community Development District is merely a mechanism to assure the County and the landowners of the district that the provision of infrastructure and services for the PUD is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the District, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers within tight constraints as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital Packet Page-24- 9/9/2014 9.A. 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. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without showing that the bond will not exceed thirty-five percent (35%) of the assessed valuation of the property within the District. Even with these safeguards and constraints, during the first six (6) years of the District's existence, the Board of Supervisors shall not issue general obligation bonds unless the Board first holds elections on a one-person, one-vote basis for a new Board of Supervisors. Accordingly, if Collier County adopts the Ordinance, then it establishes the Falls of Portofino Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function, it will automatically be disbanded by State law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County, may then take that service away from the District and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by County Ordinance. Section 190.005, Florida Statutes also specifies the content required in the petition for the establishment of a CDD, and the six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny the establishment of a CDD as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Packet Page-25- 9/9/2014 9.A. 6. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners relative to these six factors (attached) and have found the proposed Falls of Portofino CDD petition to be compliant with each of the six review factors. FISCAL IMPACT: It is noteworthy that the estimated internal infrastructure and services to be financed by the Falls of Portofino CDD is $7,750,000 ❑ consisting of road rights-of-way and open space improvements, water and wastewater utilities construction, and, stormwater management. CDDs provide the critical funding for infrastructure financing at a time when local governments are increasingly strapped for such funds. The Falls of Portofino petition's "Exhibit 8", Estimated Costs of District Improvements and "Exhibit 9", Proposed Time Table for Construction of Improvements delineate the fiscal impacts and timing of impacts to be managed by the District. "Exhibit 10", Statement of Estimated Regulatory Costs indicates water distribution and wastewater collection facilities will eventually be turned over to Collier County for their operation and management. DISTRICT RESPONSIBILITIES: According to the petition, the Falls of Portofino Community Development District, if the Ordinance is adopted, will assume responsibility for the following: (1) Rights-of-way improvements; (2) Stormwater management; (3) Water supply/distribution; (4) Sewer and wastewater collection/management (5) Open space improvements; In keeping with past instructions by the Board, staff has included the following special commitments to the Ordinance: "SECTION SEVEN: PETITIONER'S COMMITMENTS: The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. (3) file with the Board of Supervisors any and all agreements it has with the County. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. GROWTH MANAGEMENT IMPACT: The 68.39 acres, more or less, comprising the Falls of Portofino CDD are located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map (FLUM). Although the establishment of this District does not constitute any development approval, the Packet Page-26- 9/9/2014 9.A. plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDERATIONS: If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Development District (CDD) and a District Board of Supervisors. The purpose of establishing a CDD, as per Chapter 190, Florida Statutes, is to establish an independent special district as an alternative method to manage and finance basic services for community development. The primary purpose of a CDD is to provide a long-term financing mechanism for the subject development through assessments, ad valorem taxation and the issuance of bonds. Pursuant to Section 8 of the proposed Ordinance the CDD shall assume all developer obligations as set forth in Ordinance No. 03-45, as amended which will provide consistency in the party responsible for all commitments. This item is authorized under Section 190.05(2), Florida Statutes, is approved as to form and legality and requires a majority vote for Board approval. ERP RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and '� enact the proposed Ordinance establishing the Falls of Portofino Community Development District. Prepared by: Corby Schmidt,AICP, Principal Planner, and Marcia R. Kendall, Senior Planner Comprehensive Planning Section,Planning and Zoning Department Collier County Growth Management Division Attachments: Six Factors Exhibit to Ex. Summary Ordinance w/Exhibits A&B Falls of Portofino Petition 1st Half Falls of Portofino Petition 2°a Half Packet Page-27- 9/9/2014 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to Consider Adoption of an Ordinance Establishing the Falls of Portofino Community Development District (CDD) Pursuant to Section 190.005, Florida Statutes. Meeting Date: 9/9/2014 Prepared By Name: KendallMarcia Title:Planner, Senior,Comprehensive Planning 8/12/2014 3:23:48 PM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Enviro Date: 8/15/2014 10:32:02 AM Name: BosiMichael Title:Director-Planning and Zoning,Comprehensive Planning Date: 8/21/2014 8:28:10 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 8/22/2014 8:26:16 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 8/22/2014 2:34:26 PM Name: FinnEd Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/25/2014 9:42:15 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/26/2014 2:13:53 PM Packet Page-28- 9/9/2014 9.A. Name: OchsLeo Title: County Manager, County Managers Office Date: 8/29/2014 12:32:07 PM Packet Page-29- 9/9/2014 9.A. ATTACHMENT 1 STAFF ANALYSIS RELATIVE TO THE SIX FACTORS APPLICABLE TO ESTABLISHMENT OF FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT Background: Section 190.005(2), Florida Statutes, identifies the specific content required in a Community Development District (CDD)petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed CDD: 1. Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning and Transportation Planning Sections of Land Development Services Department staff, along with the staff of the County Attorney's Office, and the Public Utilities Engineering Department, has reviewed the referenced CDD 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. 2. Whether the establishment 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 Falls of Portofino comprises a portion of the Wolf Creek PUD originally approved by the Board of County Commissioners in 2003. The original Wolf Creek PUD Ordinance has since been repealed and supplanted by updates twice—wholly, in 9007, and most recently, in part, in 2009. As part of these approval processes, the development was found to be 1 Packet Page-30- 9/9/2014 9.A. consistent with the Growth Management Plan in effect at the time. The entire PUD is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map (FLUM). The proposed CDD would be a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Wolf Creek Development. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD 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 uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed CDD is consistent with the State Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Falls of Portofino CDD containing 68.39 acres more or less, if approved, would be at the low end of the size range of other CDDs sampled within Collier County. For instance, the Key Marco CDD comprises approximately 174 acres,the Pine Air Lakes CDD comprises approximately 149 acres and the Heritage Greens (Dove Pointe) CDD comprises approximately 252 acres. Staff believes that size is not however, a key indicator in this determination factor for the proposed Falls of Portofino CDD,but that density is. It is currently contemplated that 490 residential units will be constructed in the Falls of Portofino District, comprised of approximately 68.40 acres — providing a density of more than seven (7) residential units per acre. This density—a measure of compactness—would be at the high end of the density range of other CDDs or planned developments sampled within Collier County. For instance, the parent Wolf Creek PUD provides approximately 4.0 gross residential units per acre (671/168) overall, and approximately 1.8 net residential units per acre (181/100) outside the Falls of Portofino CDD component; the recently-approved Hacienda Lakes DRI CDD provides approximately 0.4 gross residential units per acre (652/1,760) overall, and approximately 1.1 net residential units per acre (652/612) inside the residential components. These comparative figures indicate the Falls of Portofino District is a development more compact than these existing CDDs, with density sufficient to function as one interrelated community. 2 Packet Page-31- 9/9/2014 9.A. Given the higher density of the Falls of Portofino District, each resident is levied a relatively �•, smaller share of the assessment for the construction, operation and maintenance of CDD improvements. Based upon previous experience and the subsequent success of other Collier County CDDs, Comprehensive Planning staff believes that the Falls of Portofino Community Development District meets the above criteria. 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. The CDD petition provides 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 their operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that are part of the approved Wolf Creek PUD. 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 special- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning 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 Exhibit `A', establishing the Falls of Portofino Community Development District(CDD). Reviewers from the Transportation Planning Section and the Public Utilities Division have found the proposed Falls of Portofino CDD petition to be compliant with each of the six review factors and have no objection to the creation of this CDD. In addition to the findings provided above, reviewers from the Office of the Collier County Attorney submit their opinion, as follows: 3 Packet Page-32- 9/9/2014 9.A. The Board [of County Commissioners], in considering the 6 factors in Section 190.005(1)(e), Florida Statutes, denied this application for insufficient size and not necessary at the May 22, r� 2007 Board meeting (8B) subsequent to the rezoning of 20 acres. Therefore we do not see a substantial change in the proposed CDD from the denied state. The same concerns will be raised if a change is not proven. The Office of the Collier County Attorney also opined that the Board denied [the 2007 CDD] application [May 22, 2007 Board meeting] (8C) because it [the CDD is] is not the best alternative for delivering community development services and facilities to the area that will be served by the district]. G:\CDES Planning Services\Comprehensive\CDDs\CDD Petition Folders1Pending Process CDDs\CDD-2012-1 Falls of Portofino Pending Submittal\Exec Summ &6 Factors\Portofino DRAFT ATTACHMENT Six CDD Factors,June 25.docx 4 Packet Page-33- 9/9/2014 9.A. ORDINANCE NO.2014- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT LOCATED ON VANDERBILT ROAD IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 68.39 ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF BOUNDARIES OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR THE CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER'S COMMITMENTS; PROVIDING FOR ASSUMPTION OF DEVELOPER COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Prime Homes at Portofino Falls, LTD., a Florida Limited Partnership ("Petitioner"), has petitioned the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida, to establish the FALLS OF PORTOFINO 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 the 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. 1 Packet Page-34- 9/9/2014 9.A. 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 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, 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. SECTION TWO: ESTABLISHMENT OF BOUNDARIES OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT 2 Packet Page-35- 9/9/2014 9.A. The Falls of Portofino 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 "Falls of Portofino Community Development District." SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Jorge Cepero 4. Nancy Villaman 4651 Sheridan Street,#480 7043 Ambrosia Lane, #203 Hollywood, FL 33021 Naples, FL 34119 2. John Nelson 5. James Dupre 4651 Sheridan Street#480 7043 Ambrosia Lane, #203 Hollywood, FL 33021 Naples, FL 34119 3. Geovanna Fortier 4651 Sheridan Street#480 Hollywood, FL 33021 SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Falls of Portofino 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 Falls of Portofino 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. Packet Page-36- 9/9/2014 9.A. SECTION SEVEN: PETITIONER'S COMMITMENTS ^ The adoption of this Ordinance is predicated upon the following: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, (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 and (3) file with the Board of Supervisors any and all agreements it has with the County. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: ASSUMPTION OF DEVELOPER COMMITMENTS The Community Development District shall assume any and all present and future developer obligations to the County with respect to the Wolf Creek PUD, including those set forth in Ordinance 03-45, as amended. 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. 4 Packet Page-37- 9/9/2014 9.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2014. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Emily R. PMn Assistant County Attorney 5 Packet Page-38- 9/9/2014 9.A. EXHIBIT ‘Al. A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING N SECTIONS 34,TOWNSHIP 48 SOUTH, RANGE 26 EAST,BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(S.W. 1/4) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02°15'16"W., ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE(C.R.-862)VANDERBILT BEACH ROAD(200 FEET WIDE)AND THE POINT OF BEGINNING; THENCE N.89°52'55"W., ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF ISLANDWALK PHASE 7,A SUBDIVISION AS RECORDED IN PLAT BOOK 38,PAGES 5 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE N.02°14'00"W.,ALONG THE EAST LINE OF SAID SUBDNISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.%) OF THE NORTHEAST QUARTER(N.E. 1/4) OF THE SOUTHWEST QUARTER (S.W. V4) OF SECTION 34; THENCE S.89°52'18"E., ALONG SAID FRACTION FOR A DISTANCE OF 76.17 FEET; THENCE N.02°15'16"W., FOR A DISTANCE OF 420.21 FEET; ■ •■ THENCE S. 89°52'18"E.,FOR A DISTANCE OF 1245.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (S.W. 'A); THENCE S.02°15'16"E., ALONG SAID FRACTION FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68.39 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.02°I 5'16"W. DESCRIPTION PREPARED MARCH 29,2005 BY THOMAS S. SHAW,P.S.M., PROFESSIONAL SURVEYOR&MAPPER.FLORIDA CERTIFICATION NO.4672. 100002843 DOC v 1; 7 n Packet Page-39- ! 9/9/2014 9.A. SUBJECT PARCEL SITE LOCATION MAP iOIL *ELL RD. P - NE DRIVE I I� <' • - ORAKGETRE B46 ',� •,, a :• I f k 0 L i eE R DERBILT BEACH ROAD i N.T.B. ‘ fA �z & GOLDEN GATE BLVD LL ( I ,. . i►. 11Y 4 TE B-VD r f II_ sm..eg N O 1 O DQ7 GATE PR • O t... • U RAI R) RD. < `� INTERSTATE' 75 X Z , ALUGAT•-• ALLEY Lil , f DAVIS BLVD. M ' i IIMR: '' 1..1- � , h SABAL PALM RD,li . s ..t ` w Ls x STEWART :1V0- Q;L. vi„fN,, :rte , SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FALLS OF PORTOFINO C .D .D .. PROJECT LOCATION MAP EXHIBIT 'B' Packet Page -40- 9/9/2014 9.A. Agenda Item No. 8C May 22, 2007 Page 1 of 84 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (Board) to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. This item is a companion to item RZ-2005- AR-7422 Wolf Creek PUD OBJECTIVE: The objective of this public hearing is for the Board to review and consider a petition for the establishment of the Falls of Portofino Community Development District (CDD) by adoption of an ordinance. BACKGROUND: This is a companion item to Item 8B, RZ-2005-AR-7422 Wolf Creek PUD rezone petition. This matter first came before the Board on October 24, 2006, when it was continued due to a pending rezone of 20± acres which were to be included in the proposed CDD. At that time, the Board directed that this item come back before it as a companion item to the rezone petition. CONSIDERATIONS: On December 13, 2005, Prime Homes at Portofino Falls, LTD, a Florida Limited Partnership (Petitioner), hereby filed a petition for the establishment of the Falls of Portofino Community Development District. A mandatory$15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The site is located on the north side of Vanderbilt Beach Road, between Collier Blvd. and Logan Blvd., in Section 34, Township 48 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 Exhibits 1 & 2 to the petition. The landowners' consent to the establishment of the proposed CDD appears as Exhibit 3 of the petition. The CDD is comprised of approximately 68.39± acres (including the 20± acre pending rezone). A total of 490 residential units are proposed to be constructed within the District. If approved, this would be the smallest CDD in Collier County. To date, the smallest approved Community Development District in Collier County is Pine Air Lakes CDD, consisting of 149.90±acres. 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 landowners and residents of the Falls of Portofmo Development. This infrastructure, under Section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management(drainage), roads, bridges and street lights. If the ordinance is adopted,the CDD may later petition the Board for additional powers pursuant to Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, 1 Packet Page-41- 9/9/2014 9.A. Agenda Item No. 8C May 22, 2007 Page 2 of 84 including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars,with certain exceptions. 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 of law, 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, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. The adoption of the CDD ordinance does not constitute a form of development approval. Adoption of the CDD and compliance with these many procedural requirements does not, in any way, allow the District to manage and finance any of these services and facilities without showing that all legitimate policies, constraints, authorities,controls,permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense,the Community Development District is merely a mechanism to assure the County and the landowners of the district that the provision of infrastructure and services for the PUD is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the District, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers within tight constraints as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, by resolution, the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without showing that the bond will not exceed 35 percent of the assessed valuation of the property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the Board of Supervisors shall not issue general obligation bonds unless the Board first holds elections on a one-person,one-vote basis for a new Board of Supervisors. Accordingly, if Collier County adopts the ordinance, then it establishes the Falls of Portofino Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier 2 Packet Page-42- 9/9/2014 9.A. Agenda Item No.8C May 22,2007 Page 3 of 84 County. In addition, the District is also a financing tool off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function, it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by County ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous y guous to be developable as one functional interrelated community. 4. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special- district government. County planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six factors and have found the proposed Falls of Portofino CDD petition to be compliant with each of the six review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: There is no Fiscal Impact to the County. However, it is should be noted that the estimated internal infrastructure and services to be financed by the CDD is $7,750,000, consisting of roadway and utilities construction, water management, landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will eventually be turned over to Collier County. 3 Packet Page-43- 9/9/2014 9.A. Agenda Item No. 8C May 22,2007 Page 4 of 84 n DISTRICT RESPONSIBILITIES: According to the petition, if the ordinance is adopted, the Falls of Portofino Community Development District will assume responsibility for the following: (1) General development of the approved uses within the District (2) Roadways (3) Street Lights, landscaping and signage (4) Stormwater Management (5) Water& Sewer Utilities (6) Environmental Mitigation and (7) Other matters related to the above tasks GROWTH MANAGEMENT IMPACT: The 68.39+ acres of the Falls of Portofino CDD are designated Urban — Mixed Use District, Urban Residential Subdistrict, on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan(GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code(LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDERATIONS: If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Development District (CDD) and a District Board of Supervisors. The purpose of establishing a CDD, as per Chapter 190, Florida Statutes, is to establish an independent special district as an alternative method to manage and finance basic services for community development. The primary purpose of a CDD is to provide a long-term financing mechanism for the subject development through assessments, ad valorem taxation,and issuance of bonds. The Executive Summary and proposed Ordinance authorized by Section 190.005(2), Florida Statutes,has been reviewed by the County Attorney's Office—JAK. RECOMMENDATION: Irrespective on the Board's determination of the companion Wolf Creek PUD rezone petition, Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Falls of Portofino Community Development District. PREPARED BY: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department 4 Packet Page-44- 9/9/2014 9.A. May 22-23, 2007 (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #8C AN ORDINANCE ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. (THIS ITEM IS A COMPANION TO ITEM RZ-2005-AR-7422 WOLF CREEK PUD) — DENIED Next item on our agenda is 8C. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is a recommendation to consider adoption of an ordinance establishing the Falls of Portofino community code district, CDD, pursuant to section 190.005, of the Florida Statutes. This item is a companion to item RZ-2005-AR-7422, Wolf Creek PUD. CHAIRMAN COLETTA: Fine. Take a minute and swear in those people that wish to participant in this agenda item. Please stand at this time. MR. PRITT: I might. (The speakers were duly sworn.) MS. FILSON: I have three speakers. CHAIRMAN COLETTA: I didn't mean to call you on it, but it seemed kind of unusual that you wouldn't be participating. Let's start with Commissioner Coyle. COMMISSIONER COYLE: Okay. I have had meetings with the petitioner and his agent, including Richard Yovanovich, Larry Abbo, Will Dempsey, Rick Mercer, and Linda Socolow. I've had ^ i Page 104 Packet Page -45- 9/9/2014 9.A. May 22-23, 2007 email from Will Dempsey and Rick Mercer. CHAIRMAN COLETTA: That concludes it? COMMISSIONER COYLE: That's it. CHAIRMAN COLETTA: Okay. No other emails, phone calls? COMMISSIONER COYLE: (Shake head.) CHAIRMAN COLETTA: Okay, fine. Commissioner Halas? COMMISSIONER HALAS: Yes, I've had -- in the past I've had meetings with the petitioner, also had meetings with the staff, had correspondence, emails, and phone calls in regards to this subject. Thank you. CHAIRMAN COLETTA: I also met with the petitioner, his representatives, had meetings, correspondence, emails, and phone calls. Commissioner Fiala? COMMISSIONER FIALA: Yes. Although I met with the petitioner and his agents and had correspondence, I don't think any of them are related to the CDD actually, but I'll put them all on the record anyway. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: This was on our agenda previously. That's the only correspondence that I had. CHAIRMAN COLETTA: Okay. Please continue. MS. KENDALL: Okay. For the record, Marcia Kendall, Comprehensive Planning. This CDD was initially submitted back on December 13, 2005, by Prime Home at Portofino Falls, LDC, a Florida limited partnership by and through their undersigned representative, vice-president Larry Abbo, of Prime Home Builders. A mandatory 15,000 application fee was submitted with the original petition. This petition was previously presented to you on October 24, 2006, without the 20-acre rezone and is, therefore, back Page 105 _._ Packet Page-46- 9/9/2014 9.A. May 22-23, 2007 before you today for your consideration. And just to add to that, the petition was readvertised four successive Sundays prior to this hearing, and a letter was requested by staff and received from the petitioner that states the submitted petition remains true and that the consent of the property owners within the boundaries of the proposed CDD also remain true. Should you have any questions, I'll be happy to answer them, or the county attorney. Otherwise, we'll turn the floor over to the petitioner's representative, Sue Delegal and Larry Abbo. CHAIRMAN COLETTA: Please, have the presentation from the petitioner. Continue. MS. DELEGAL: Good afternoon, Mr. Chair, members of the commission. My name is Susan Delegal, and I do represent the petitioner here before you on the public hearing in connection with the petition for creation of the community development district, and I have been sworn. As has been indicated, we have worked with staff for a considerable amount of time to create a petition that meets the statutory requirements of chapter 190 Florida Statutes, and it's going to provide for certain infrastructure within the CDD, particularly drainage, which is stormwater management and a lake system, which will be owned by the CDD and also managed by the CDD. Additionally, a water distribution system and a wastewater collections system, which will be -- which will be constructed, funded and constructed, by the CDD and then turned over to the county as part of the county's facilities at no cost. Additionally, there will be a right-of-way and open space in connection with the maintenance of the district. We anticipate a project of approximately seven and three-quarter million dollars to fund these infrastructure components for the residential area that you have just approved, and we believe that it meets all of the statutory criteria. Page 106 - Packet Page-47- 9/9/2014 9.A. May 22-23, 2007 And we have included in our petition our various members of the initial board of supervisors, one being a resident of the district that already is there. We're certainly here to answer any questions but request that you authorize the preparation of the ordinance to create the special -- the community development district and to affirmatively respond to our request. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I have a couple of questions. I believe that there's going to be about 490 residents in this location, is that correct, on this 69 acres? MS. DELEGAL: There will be 490 dwelling units, townhouse units, within the CDD currently -- currently planned. COMMISSIONER HALAS: These are townhouse units? MS. DELEGAL: They are. COMMISSIONER HALAS: Can you tell me what the average price of these townhouse units would go for? MS. DELEGAL: I'm going to have to defer to Mr. Abbo. MR. ABBO: Yes, if I may. A pleasure to be before you once again. This community began selling in the 300s. COMMISSIONER HALAS: Three hundreds. MR. ABBO: And it sells from the 300s -- low 300s to the low 400s. COMMISSIONER HALAS: Okay. So you're looking at a cash outlay here of about $7.7 million, 7 and a half million? MR. ABBO: Those are only the improvements that are considered public improvements, yes, sir. COMMISSIONER HALAS: Okay. Don't you think these would be an added burden to those residents in these price range? I mean, we're talk 300,000, and we're looking at that gap housing. MR. ABBO: That's correct, sir. Page 107 Packet Page-48- ■ 9/9/2014 9.A. May 22-23, 2007 COMMISSIONER HALAS: Okay. So we're looking at, on top of county taxes, they're going to have to also pay this CDD tax. MR. ABBO: We have done extensive analysis of this because we use CDD's throughout the State of Florida and multiple communities of this similar price range and less. And what we have found is that it actually gives them a great benefit. And in large part, the CDD, as the community matures, allows them the opportunity to access capital markets to make improvements that otherwise would be unaffordable through special assessments. So what we have also found is that where we can have a savings of improvements that we would otherwise fund directly, we can make an equal adjustment to purchase price with unmarked up dollars, so no developer profit or anything of that nature. And that is a direct deduction on price. COMMISSIONER HALAS: But I think what you're doing is you're burdening the individual homeowners. If I figured it out correctly, it's about 15,000, $16,000 per household; is that about right? MR. ABBO: The number sounds close, whether it's exact or not, I'm not certain. But I will say that it does not burden them that amount. It only -- it only goes with the land. And for however long they live in that home, they pay a portion, which is a great advantage over paying an extra $15,000 at the time of buying the home. COMMISSIONER HALAS: So can you tell me what the assessment of each of the homeowners is going to be? And I'm sure that these CDD's go up over a period of time. So I got two questions there. MR. ABBO: No. Actually the debt service portion of the assessment is a fixed amount, and I can tell you what that is. The maintenance portion, however, is a budget that's reconsidered year over year through the same process you're following now under the sunshine laws, and that is estimated right now on a total annual assessment of 1,750 for both items, for both maintenance and debt Page 108 Packet Page-49- 9/9/2014 9.A. May 22-23, 2007 service. COMMISSIONER HALAS: That's starting out 1,050, you said? MR. ABBO: One thousand 750. COMMISSIONER HALAS: One thousand 750? MR. ABBO: Yes, sir, per year. COMMISSIONER HALAS: And the property taxes are probably going to be around 2,000, I would say, 2,500. MR. ABBO: I think that's a good guess, yes. COMMISSIONER HALAS: Okay. MR. ABBO: Yes. COMMISSIONER HALAS: So that's quite an added burden when we're trying to get gap housing. MR. ABBO: That's deducted from their mortgage, sir. As a matter of fact, what we're doing is we're accessing -- we're selling bonds right now from somewhere around 5 and a quarter, 5 and a half percent long-term debt in the markets, and they can't access a mortgage with that amount. What I'm saying why, and just to clarify why it's deducted from the mortgage, because should we have this approval today, it is normal for us to make an adjustment on price of a similar amount of what we otherwise would have incurred in cost. And that is the intent of this vehicle. And so if they live seven years for -- in this home, they pay seven thirtieths of the total debt, and they don't pay the full $15,000. Now, that would otherwise be financed by a mortgage. COMMISSIONER HALAS: So tell me what the -- what the average price of 300,000 -- MR. ABBO: Yes. COMMISSIONER HALAS: -- what would be the mortgage payment then, including their CDD, per months? COMMISSIONER FIALA: And maintenance. MR. ABBO: And I'm going to just have to guess. Page 109 Packet Page-50- 9/9/2014 9.A. May 22-23, 2007 COMMISSIONER HALAS: And the maintenance. MR. ABBO: I'm sorry? COMMISSIONER HALAS: And the maintenance. MR. ABBO: I'm going to guess that it's in the mid 3,000s, $3,000, 3,500, something like that. COMMISSIONER HALAS: And this is gap housing? MR. ABBO: Well, I'm not representing that this is gap housing. I'm simply saying that this is a much more affordable project that (sic) most anything that's being built around us. But I'm not making a presentation for gap housing. COMMISSIONER HALAS: Well, when you tell me that we have -- that your pricing -- the first question I asked you was the pricing of your units. MR. ABBO: Yes. COMMISSIONER HALAS: Because this is multifamily. MR. ABBO: Yes. COMMISSIONER HALAS: It's basically two- and three-bedroom condos. MR. ABBO: Right. COMMISSIONER HALAS: Okay, that you're going to sell. And so you -- you're here today -- MR. ABBO: Some are four. COMMISSIONER HALAS: Pardon? MR. ABBO: Some are even four bedrooms, yes. COMMISSIONER HALAS: Well, but you're here today asking for aCDD -- MR. ABBO: Yes, sir. COMMISSIONER HALAS: -- in regards to addressing this housing issue or this project that you want to build. MR. ABBO: Correct. COMMISSIONER HALAS: And you have basically a $7.7 million price tag on this that you want the residents to pay for Page 110 -— Packet Page-51- 9/9/2014 9.A. May 22-23, 2007 basically to offset this. And my concern is, we're looking at $300,000. That's what we consider, in our area here, gap housing. MR. ABBO: Okay. COMMISSIONER HALAS: So that when we're looking at trying to mortgage units for people to live in, we're hoping that there's not a lot of added cost. But you already are going to add cost to this gap housing through a CDD and through maintenance fees, and the maintenance fees, they're going to -- they can rise over a seven-year period. MR. ABBO: We -- the way we see it, we're not adding cost. As a matter of fact, I assure you that an equal amount of cost that gets deducted from our line items gets credited of a sale price when we sell a home. So I respectfully disagree with that. As a matter of fact, we're giving them the ability -- and again, it seems as though I didn't say it clearly. If we have a benefit of$12,000 from a CDD, it is our experience and it is our intent to deduct an equal amount from the sale price. So our base price of our homes will be lower tomorrow if a CDD is approved. I think this is a huge benefit. And from a planning perspective, if I can share with you our experiences in other communities who have been -- which have been maturing over the years. The board understands that they have the ability to create improvements whether it is drainage that needs work 20 or 30 years from now or re -- well, repaving in this case is not something that's within what we're asking for -- but like improvements, embankments that need improvements, water systems or sewer systems that need improvements. They have a source without adding anything to their monthly payments to access hundreds of thousands of dollars. And that is a huge planning tool for them. COMMISSIONER HALAS: So you're telling me that the $1,750 will be deducted off of the sale price of the home? MR. ABBO: Oh, no, sir, more than that. Actually the present value of that. So if the benefit for us is $1 0,000 for the issuance of Page 111 Packet Page-52- 9/9/2014 9.A. May 22-23, 2007 those bonds to pay instead of us, we will deduct an equal amount on the sale price, absolutely. And that allows them to finance at what is now a market rate of 5.25 or 5.5 percent and not have to pay it in full. Only pay during the period that they live within the home. And that -- that is what we have been doing in many other communities that I can give you examples of. COMMISSIONER HALAS: Okay. Thank you very much, Chairman. CHAIRMAN COLETTA: You're welcome. MR. ABBO: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Sir, you're not building gap housing. You're building market rate. MR. ABBO: I'm sorry? COMMISSIONER HENNING: You're building market, right? MR. ABBO: Yes. COMMISSIONER HENNING: So whatever the market -- MR. ABBO: There's no -- there's no restriction on pricing on the community that we're building, no. COMMISSIONER HENNING: Yeah, but whatever the market will stand, that's what you're going to sell it for? MR. ABBO: That is what we have been selling for, yes. COMMISSIONER HENNING: Yeah. So you already have existing contracts -- MR. ABBO: That is right. COMMISSIONER HENNING: -- on the units? Are they aware of-- MR. ABBO: Absolutely. We have full disclosure within our contracts. I have copies for you. We provided them to staff. We also have them sign an acknowledgement at closing, and it is within their deed recorded. So not only they are on notice, but anyone who comes Page 112 Packet Pale-53 9/9/2014 9.A. May 22-23, 2007 after them has constructive notice. COMMISSIONER HENNING: So we all know that 190 gives you an opportunity to bond for public infrastructure. MR. ABBO: Yes, sir. COMMISSIONER HENNING: How do I get to enjoy that when you build it? MR. ABBO: Well, it's the extension of things like what we were discussing in our previous hearing, Pristine Drive and all of those improvements that we are building for public benefit. COMMISSIONER HENNING: Okay. So that's part of building Pristine Drive? MR. ABBO: It can be, yes. It is a -- it is a permissible financing COMMISSIONER HENNING: So it may build Pristine Drive? MR. ABBO: We definitely build Pristine Drive. How much of it financed -- let me clarify. There are not enough monies generated r` through our intended bond issuance to cover all of the development costs. So it is rather subjective whether it builds all of it or part of it. We have to fund -- deficit fund the entire difference. COMMISSIONER HENNING: But it's going to build the stormwater? MR. ABBO: Yes, that's correct, water and sewer. COMMISSIONER HENNING: Water and sewer. MR. ABBO: Yes, and roadways outside of any gated areas. No walls, no gates, no clubhouse, no -- anything like that. COMMISSIONER HENNING: Walls outside of the community then. MR. ABBO: Nothing of that nature, sir. COMMISSIONER HENNING: So it's not going to fund any roads inside of the community? MR. ABBO: No, it's not. COMMISSIONER HENNING: Okay. But the stormwater, it's Page 113 Packet Page -54- 9/9/2014 9.A. May 22-23, 2007 f going to? MR. ABBO: Yes, sir. COMMISSIONER HENNING: Okay. How do I get to access that? MR. ABBO: Well, we are making that representation through the engineer's cost estimates, and we have to operate under the sunshine laws, advertised meetings, board of supervisor, and the whole. It really is much more monitored and much more restrictive than something like an HOA or a condominium association that wouldn't have that oversight. COMMISSIONER HENNING: Right. MR. ABBO: So we make that commitment here and now. COMMISSIONER HENNING: So how do I get to enjoy this public infrastructure, the water retention area? MR. ABBO: Well, for example -- COMMISSIONER HENNING: Can I go fishing out there? MR. ABBO: Well, for example -- no, this is -- these lakes, the insurance companies usually don't allow us to fish, but -- COMMISSIONER HENNING: Okay. MR. ABBO: But this -- these lakes service other communities in the area through interconnection, sir. And as a matter of fact, we are interconnected with Island Walk next door to us. There is drainage issues, and we have the engineer here who can tell you a little bit about that. COMMISSIONER HENNING: Great. MR. ABBO: But all of that serves a public purpose. COMMISSIONER HENNING: Yep. Commissioner Halas is starting to get CDDs and what they're all about. CHAIRMAN COLETTA: Well, let's go to Commissioner Fiala. COMMISSIONER FIALA: No, I'll skip for now. They've asked a lot of the questions. I'll wait. CHAIRMAN COLETTA: Okay. I'd Iike to call Nick Page 114 — --- Packet Page 55 9/9/2014 9.A. May 22-23, 2007 Casalanguida up, ask him some questions. MR. WEIGEL: Mr. Chairman, while he comes up, county attorney here. Mr. Abbo swore in on a prior item. I believe he did not swear in on this one, so he can either be sworn in again or just acknowledge that he's still under oath. COMMISSIONER HENNING: Well, I'd rather acknowledge he's still under oath. MR. WEIGEL: That would be fine. MR. ABBO: I acknowledge that I'm still under oath. MR. WEIGEL: Okay. Thank you. CHAIRMAN COLETTA: Nick? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COLETTA: What's transportation's concerns with this CDD? MR. CASALANGUIDA: I think if interconnection is outlined in the PUD prior, is not restricted by the CDD, we would not have any �‘ concerns. Pristine will remain a public road, Wolfe Road would remain a public road, and that interconnection would not be gated and, therefore, transportation would not have any concerns with the CDD. CHAIRMAN COLETTA: As long as it isn't a gated community? MR. CASALANGUIDA: That interconnection isn't gated. The internal project that Mr. Abbo is working on can be gated to Pristine. CHAIRMAN COLETTA: Okay. I understand. Thank you very much. MR. CASALANGUIDA: You're welcome. CHAIRMAN COLETTA: Let's go to Commissioner Halas then come back to Commissioner Fiala. COMMISSIONER HALAS: I think Commissioner Fiala was first. CHAIRMAN COLETTA: Okay, that's fine. COMMISSIONER FIALA: Here's the problem I have. MR. ABBO: Of course. Page 115 _Packet Page-56- 9/9/2014 9.A. May 22-23, 2007 COMMISSIONER FIALA: You're talking about the price range, $300,000. Right now I'm just watching one go up. We never approved it here on this commission, but it's Sierra Meadows. It's right on Rattlesnake Hammock Road. Their prices start at $300,000. Maybe just a little bit lower, as a matter of fact, and they never asked for a CDD. They're just putting in their infrastructure as is without ever coming to us and asking us for a CDD. The CDDs we have dealt with, in some cases, have really lent the new residents quite a problem and additional expense, and I'm very concerned about that. MR. ABBO: I understand that. As I outlined before, I don't think that everyone who uses these vehicles uses them the same way that we do, and we think that we use them very properly. I almost find that that community you just named has a disadvantage over this one if this one were to have a community development district approved in that, again, rolling forward 30 years or even 20 or 10 -- we have some communities that six years later, the board of supervisors is in total control of the -- or the residents within the community are in total control of the board, and they decide that there is an improvement that they desire that was not originally contemplated within the development plans. Again, whether it's preserve improvements or anything of that nature, lakes, or anything that can be considered public improvements and -- or they may come to you, as an earlier petitioner did, and ask for special powers to build something. At that time you can consider that we are not asking for those special powers because we do not intend to include that within our community development process. But over the years, they will amortize this bond, and all they have to do is refinance it and be able to extract whatever they have paid down from their own funds without modifying their annual payment of the debt service, which, in turn, allows them access to, Page 116 Packet Page-57- 9/9/2014 9.A. May 22-23, 2007 again, as I said before, a couple hundred thousand dollars or even millions of dollars, depending on how much time is -- happens from the point of issuance to their time of refinancing -- to make these improvements, which I'm encouraged to say, have to be under the supervision of an engineer or an attorney -- and an attorney and a number of other very responsible parties for oversight. COMMISSIONER FIALA: Well, I understand that, but a lot can be built before there's a resident ever on the CDD board, and I've dealt with a couple communities that have been dealing with extra things put on the backs of the CDD that actually didn't benefit them at all, actually wasn't even in the perimeters of their particular CDD. MR. ABBO: Right. COMMISSIONER FIALA: And that does happen. MR. ABBO: Yes. COMMISSIONER FIALA: I've never seen a house lowered in price yet that had a CDD, so -- ''° MR. ABBO: If you approve of this today, I will assure you that tomorrow the pricing would be different, so -- and I would be happy to show that to you. It is our intent, it is the way that we do business. We see great benefit in community development districts. Frankly, from a city or county perspective, I think it's going to prove to be a higher level of maintenance for these communities and also a higher level of responsibility for the boards that are running these kinds of things. So I think you will see over time -- as a matter of fact, there was an FIU report that was prepared last year for -- at the request of a county in the State of Florida that compared communities with and without community development districts and recommended that it was for the benefit of the community. That was at the -- that was commissioned by Dade County, to give you an example. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I'm surprised that in our executive Page 117 Packet Page-58- 9/9/2014 9.A. May 22-23, 2007 summary there wasn't a breakdown of what the -- if we decided to approve this, what the cost benefit factor would be for the residents moving in there. There's nothing in our executive summary in regards to that. -- MR. ABBO: Well, all of the items that we have to present have are outlined in chapter 190, and we're fairly consistent with those applications. COMMISSIONER HALAS: Well, I don't have chapter 190, okay? MR. ABBO: No, no, no. I understand. And your question -- COMMISSIONER HALAS: You're telling me that you're going to lower the price -- if we approve this CDD, that you're going to lower the price of the homes. MR. ABBO: That's correct. COMMISSIONER HALAS: Well, it would have been nice if you put that in our executive summary saying, okay, if you don't approve this CDD, here's what it's going to cost the residents, if you approve this CDD, here's what the cost -- MR. ABBO: I understand. COMMISSIONER HALAS: -- is going to be of the residents, and here's how much we're going to knock off the price of the homes and here's a breakdown of the relationship that they've got to pay for the CDD versus pay for the mortgage rate, okay? MR. ABBO: The reason it's not in there, if I may -- and it's because it's the way that we operate but not the way that the state requires it to be presented. We would be happy to do that. But as far as the amount, the present value, you are correct in that it is in the 15,000 range; however, it is dependent on how much it has sold for as an interest rate variable when it's sold -- when the bonds are sold to the market. So the present value will be determined at that time. COMMISSIONER HALAS: Maybe, maybe I didn't -- maybe I Page 118 III Packet Page-59- 1 9/9/2014 9.A. May 22-23, 2007 didn't -- wasn't clear enough. What I'm saying is, you told -- you basically said that those homes were somewheres between 300- and $400,000. MR. ABBO: That's right. COMMISSIONER HALAS: You talked about how many bedrooms there were going to be, and so on. MR. ABBO: Yes. COMMISSIONER HALAS: But in our executive summary -- MR. ABBO: Yes. COMMISSIONER HALAS: -- there wasn't a breakdown because you brought out the fact that if we approve this CDD, you're going to drop the price of the home. MR. ABBO: That's correct. COMMISSIONER HALAS: What I wanted to see is the difference in the price of those homes. MR. ABBO: Okay. It is about $15,000. The exact amount to be ("` determined upon issuing of the bonds, based on the interest rate. Of course, it's a time value of money calculation, and to get the present value, we've got to get the exact factors. But it will equal the exact amount issued, so it is directly proportionate to the assessment. CHAIRMAN COLETTA: No offense, but I don't know where we're going with this. This is a free market issue. I don't want to dictate what the price of these homes are going to be. The consumer out there is going to come across. With the market the way it is today, if they're not price competitive, they're not in the market. MR. ABBO: That's right. CHAIRMAN COLETTA: It's not like they're the only show in town, and if they go ahead and they pad this thing on the high end so that their CDD's included in it and they can make full profit off the house, then they're going to have advantage over the consumer. The consumer out there has a tremendous amount of choices to make, and just about every maker of homes today has dropped their prices Page 119 Packet Page-60- 9/9/2014 9.A. May 22-23, 2007 because of the fact as such. I really don't see where this is such an issue. And that wasn't in the form of a question. It was a statement. COMMISSIONER HENNING: It was a motion, wasn't it? CHAIRMAN COLETTA: Okay. Motion -- I'm sorry, no. We've got to open the public portion of this agenda, and we have one speaker. MS. FILSON: Yes, sir. Henry Nardone. MR. NARDONE: I waive it. CHAIRMAN COLETTA: Come on. You're supposed to get u and speak. No, just kidding. p Okay. So let's close the public portion of the meeting and go back to -- MR. ABBO: May I say one more thing? CHAIRMAN COLETTA: Yes. MR. ABBO: It's short. This is very much in line with keeping the prices as affordable as possible from our perspective. We are doing whatever we can to lower our prices today because sales are very difficult to come by. The market is a difficult place. This does give us an advantage up front to be able to have them, instead of paying $15,000 additional to the purchase -- whatever the purchase price is, you're correct. But it behooves us, since we give them full disclosure at the time of contract, they're making an informed decision that it includes the CDD and what the assessments are. We did submit a copy of our contract as part of the submission so that you could see the type of disclosure that we do above and beyond what's required of chapter 190. So there's no question from a competitive standpoint. CHAIRMAN COLETTA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Coletta and a second by Commissioner Coyle. Page 120 Packet Page-61- 9/9/2014 9.A. May 22-23, 2007 Discussion? Commissioner Henning? COMMISSIONER HENNING: Okay, thank you. I'm not goin g to support the motion based upon the findings. Number three, it says where the land within the district is significant in size. You know, this is -- has to be -- it's definitely the smallest CDD, if approved, in Collier County, if not the State of Florida. Number four, the district is the best -- whether the district is best to -- alternative available to deliver community development services and facilities. Well, you know, it's such a small project, and the surrounding communities don't have CDDs, and they have all their infrastructure. So those are the reasons I can't support it. CHAIRMAN COLETTA: Okay. And if I may, the only argument -- whether it passes or not's almost immaterial. They're still going to build the project. It's just that the cost of it will be on the front end and it will be part of the mortgage that they'll pay for it. This gives them the ability to be able to stretch the cost over 30 years and stays with the land. COMMISSIONER HENNING: And there's no guarantee that those residents will see a reduction in those units. CHAIRMAN COLETTA: No, that's true. There's no reduc -- there's no guarantee that you'll see a reduction in price. You might see an increase if the market goes forward. It's called a free market. Be it with the CD (sic) or without the CD, the market's going to be what it is. Unless this is low-cost housing that you're going to agree to the price ahead of time and they've got special incentives to be able to keep those prices where it is, it's going to float. It's going to float with whatever the market is. So I mean, it's almost immaterial. It's just, it puts a little bit more of the load on the front end that they have to carry in the mortgage and pay the interest on. So whatever we decide here today, I'm sure everything's going to Page 121 - --- Packet Page-62- 9/9/2014 9.A. May 22-23, 2007 go forward. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Oh, I'm not. I am not in favor of the motion. CHAIRMAN COLETTA: Okay. Let's try again. Start over fresh. All those in favor of the motion, in a very loud and -- voice, say aye. Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Okay. I think you spoke up for Halas. Those opposed say aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. The motion fails 3-2. So you've got some direction to go with. MR. ABBO: Thank you. Item #1 OC THE COUNTY MANAGER'S ZONING DEPARTMENT STAFF WOULD LIKE DISCUSS WITH THE BOARD OF COUNTY COMMISSIONERS, THE IMPACTS OF THE CURRENT Page 122 • _ Packet Pale-63- 9/9/2014 9.A. May 22-23, 2007 REQUIREMENTS OF THE LAND DEVELOPMENT COD E AS ) THEY RELATE TO THE MIXED USE PROJECT (MUP)PROCESS PERMISSIBLE IN THE BAYSHORE AND BAYSHORE TRIANGLE OVERLAY ZONING DISTRICTS,AS THEY RELATE TO THE ARBORE TTUCTS, VILLAGE PROJECT WHICH WAS APPROVED BY THE M BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 12, 2006. THEY ALSO REQUEST AFFIRMATION THAT A 3 OR MORE YEAR TIME FRAME FOR PHYSICAL CONSTRUCTION OF THIS PROJECT, AS NOW PROPOSED BY THE DEVELOPER AND AS EVIDENCED BY THE INITIAL SDP SUBMITTAL FOR ADMINISTRATIVE REVIEW, DOES NOT CONFLICT WITH THE INTENT OF THE BOARD WHEN THEY APPROVED THIS PROJECT IN TERMS OF THE AWARDING OF DENSITY BONUS UNITS, AND FURTHERMORE THAT IT DOES NOT CONFLICT WITH THE BOARDS POTENTIAL PLANS TO BUILD A PARKING GARAGE IN THE BAYSHORE REDEVELOPMENT AREA AS DISCUSSED AT THE PUBLIC HEARING APPROVING THIS PROJECT — MOTION TO TAKE NO ACTION — APPROVED MR. OCHS: Commissioners, the next item is 10C. County manager's zoning department staff wishes to discuss with the Board of County Commissioners the impacts of the current requirements of the Land Development Code as they relate to the mixed-use project approval process permissible in the Bayshore and Bayshore Triangle overlay zoning districts specifically as they relate to the Arboretum Village project, which was approved by the Board of County Commissioners on September 12, 2006. Staff also requests affirmation that a three or more year time prior because of construction of this project is now proposed by the developer and as evidenced by the initial SDP submittal for Page 123 ----- Packet Page-64- 9/9/2014 9.A. LAW OFFICES ice: _ ` ARAMSEY,BILLING, COCHRN, LYLES, MAURO & RAMSEY, RA. SUNTRUST CENTER ` SIXTH FLOOR 1 CLARK J.COCHRAN.JR. 516 EAST LAS OLAS BOULEVARD CHRISTINE A.BROWN DENNIS E.LYLES FORT LAUDERDALE,FLORIDA 33301 SCOTT C.COCHRAN JOHN W.MAURO (954)764-7150 RACHEL TURNER DAVANT W.TUCKER CRAIG FAX:(954)7647279 SHIRLEY A.DcLUNA KENNETH W.MORGAN,JR. VIVIAN H. FAZIO BRUCE M.RAMSEY CENTURION TOWER DONNA M.KRUSBE. SUSAN F.DELEGAL 1601 FORUM PLACE,SUITE 400 JEFFERY R.LAWLEY GERALD L.KNIGHT WEST PALM BEACH,FLORIDA 33401 CAROL J. HEALY GLASGOW (561)659-5970 DANIEL L LOSEY FAX:(561)659-6173 DAWN MARSHALL MICHAEL V.BAXTER SHAWN B. McKAMET MICHAEL J.PAWELCZYK WWW.BILLINGCOCHRAN.COM ANDREW A.RIEF ' - STEVEN F.BILLING(1947-1998) MICHAEL L SCHWEBEL,JR PAUL E.WILSON HAYWARD O.GAY(1943-2007) PLEASE REPLY TO: FORT LAUDERDALE • August 30,2012 Board of County Commissioners Collier County 3301 E. Tamiarni Trail Naples,FL 34112 • RE: Petition to Establish District Falls of Portofino Community Development District(Letter of Purpose) R Members of the Board of County Commissioners: In connection with the pending Petition to Establish the Falls of Portofino Community Development District, we have been asked to identify the benefits to Collier County and its residents that will accompany the establishment of a community development district ("CDD") for the Falls of Portofino community. These benefits include the following: 1. The CDD will provide and maintain certain public infrastructure for the Falls of Portofino community. For example, the CDD will own the stormwater management system serving the community, and, therefore, neither Collier County nor other public agency will be responsible for the maintenance of such infrastructure. • 2. Only the residents of the Falls of Portofino community, who will be benefiting from the CDD financed infrastructure serving the Falls of Portofmo community, will pay for such infrastructure. Thus, the public generally will bear no financial burden relating to the costs of installing such infrastructure. 3. Throughout the State of Florida, the establishment of CDDs has typically resulted in high quality, well-managed communities having a well-maintained • Packet Page-65- 9/9/2014 9.A. Members of Board of County Commissioners August 30,2012 Page 2 infrastructure. The existence of such high quality, well-managed communities benefits the residents of those communities, as well as the residents of surrounding communities and the public generally. 4. The CDD will fund and maintain landscape buffers along Vanderbilt Beach Road and Pristine Drive (public roads). The CDD will also contribute to construction of turn lane(s) and traffic signalization improvements at the intersection of Vanderbilt Beach Road and Pristine Drive,if determined appropriate as a result of the pending traffic analysis concerning these roadways. These landscaping and road improvements will benefit the residents of the Falls of Portofino community, as well as the residents of surrounding communities and the traveling public generally. Accordingly, Collier County and its residents will benefit from this the establishment of the Falls of Portofino Community Development District. Should you require further information,please do not hesitate to contact our office. You : -ryto • erald L.Kni t or the Firm cc: Leo E. Ochs,Jr., County Manager Marcia Kendall, Senior Planner Comprehensive Planning Department • (00004496.DOC v.2 8/3012012 10:15 AM) Packet Page-66- _ . 9/9/2014 9.A. Governmental Management Services - South Florida, LLC Serving Florida's New Communities October 9,2013 Prime Group Attn: Mr. Jorge Cepero 4651 Sheridan Street, Suite 480 Hollywood,Fl. 33021 Re: Establishment of Portofino Falls Community Development District Dear Jorge: Please accept this letter as our response to brae County's concern about the size of the prospective Portofino Falls Community Development District("CDD"). We believe the size of the district(490 units in 68.39 acres) is of sufficient size for a district to operate successfully. The design is compact efficient, and the projected assessment per unit is reasonable. There are many districts in fact that are much'smaller that Portofino Falls CDD. Below please find a list of CDDs that are smaller,with the number of units included. District Name County Number of Units Bonita Village Lee 192 Residential Units Copper Oaks Lee 292 Residential Units Hemingway Point Miami-Dade 321 Residential Units Homestead 50 Miami-Dade 300 Residential Units Interlaken Miami-Dade 180 Residential Units Islands at Doral Townhomes Miami-Dade 145 Townhomes North Dade Miami-Dade 176 Residential Units Old Palm Palm Beach 302 Residential Units 5385 N.Nob Hill Road-Sunrise,FL 33351 Phone:954-""' "'"' r —' "21-9202 Packet Page-67- 9/9/2014 9.A. Page Two October 9,2013 Prime Group District Name County Number of Units Portofino Springs Lee 200 Residential Units Villa Portofino East Miami-Dade 189 Townhome Units Villa Portofino West Miami-Dade 422 Residential Units We trust this information is helpful and should you require additional information,please do not hesitate to contact our office. Sincerely, Rich Hans Vice President RPH/jh Packet Page-68- 9/9/2014 9.A. ORIGINAL BEFORE THE COUNTY COMMISION OF COLLIER COUNTY,FLORIDA IN RE: AN ORDINANCE TO ESTABLISH THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT PETITION Prime Homes at Portofino Falls, LID., a Florida Limited Partnership ("Petitioner"), hereby submits this Petition to the Board of County Commissioners of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located on Vanderbilt Road (C.R. 862) in unincorporated Collier County, Florida, and contains approximately 68.39 acres. Exhibit 1 depicts the general location of the project. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. 2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof in this written consent of the owner of 100% of the real property to be included within the District. 3. Name. The proposed name of the District to be established is Falls of Portofino Community Development District(the"District"). 4. Tnitial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: 1.Name: Jorge Cepero Address: 4651 Sheridan Street, Suite#480 Hollywood, Fl. 33021 2.Name: John Nelson Address: 4651 Sheridan Street, Suite#480 Packet Page-69- 9/9/2014 9.A. Hollywood, Fl. 33021 3.Name: Geovanna Fortier Address: 4651 Sheridan Street, Suite#480 Hollywood, Fl. 33021 4.Name: Nancy Villaman Address: 7043 Ambrosia Lane,Unit 203 Naples,Fl. 34119 5.Name: James Dupre Address: 7043 Ambrosia Lane,Unit 204 Naples,Fl. 34119 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 5. Existing Land Uses. The existing land uses within and abutting the proposed District are depicted in Exhibit 4. The adjacent property to the west is zoned PUD and consists of Residential. The adjacent property to the east is zoned PUD and consists of Residential/Commercial. The adjacent property to the north is zoned PUD and consists of Residential. The lands within the proposed District are zoned PUD on the Future Land Use Plan Map. 6. Future Land Uses. The future general distribution, location and extent of the public and private land uses proposed within the District are shown on Exhibit 5. These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan. The proposed development of the lands within the District, as approved by Collier County Ordinance No. 13-37 (the "Wolf Creek PUD Ordinance") contemplates the construction of approximately 754 residential units on 189 acres. It is currently contemplated that a total number of 490 residential units will be constructed within the District. Exhibit 6 shows the proposed development plan for the lands within the District. Packet Page-70- 9/9/2014 9.A. 7. Major Water and Wastewater Facilities. Exhibit 7 shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit 7 also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. The Petitioner presently intends for the District to participate in the funding and construction of the following described improvements: a. Stormwater management, b. Water distribution; c. Wastewater collection; and d. Rights-of-way and open space improvements Exhibit 8 describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are also set forth in Exhibit 8. The proposed timetable for construction is shown in Exhibit 9. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory Costs. Exhibit 10 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is Prime Homes at Portofino Falls, LTD, a Florida Limited Partnership, whose address is 4651 Sheridan Street, Suite #480, Hollywood, FL 33021. Copies of all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Packet Page-71- 9/9/2014 9.A. Dennis E. Lyles,Esq. Billing, Cochran,Lyles,Mauro &Ramsey,P.A. SunTrust Center, 6 Floor 515 East Las Olas Boulevard Fort Lauderdale,Fl. 33301 Phone: (954) 764-7150/Fax: (954) 764-7279 Email: dlvles @,bclmr.com 11. This petition to establish the Falls of Portofino Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by Collier County. It is of a sufficient size and is sufficiently compact and contiguous to be development as one functional and interrelated community. c. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without financially impacting persons residing outside the District. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities in the future. e. The area to be served by the proposed District is amenable to separate special-district government. Packet Page-72- 9/9/2014 9.A. a. Hold a public hearing to consider the establishment of the Falls of Portofino Community Development District in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; and b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Falls of Portofino Community Development District. SUBMITTED this)-; day of, i\ -2012.rot PRIME HOMES AT PORTOFINO FALLS, LTD, A Florida Limited Partnership By: It's General Partner, THE FALLS OF PORTOFINO BUILDERS, LLC., a Florida Limited Liability Company By: ! 1 IIh L. --AREMV74∎,4, Packet Page-73- 9/9/2014 9.A. 1 SUBJECT PARCEL SITE LOCATION MAP • • VOIL WELL RD. • 1',, . 1) I il 1 LI )-- TINE DRIVE ORANGETREE 846 I- I MOKALEE RD. ../ Ar_N i 1 ig. WOLF.RD c._, -4111F - m . I'i 1 c VA4DERBILT BEACH ROAD wx cc N.T.S. co ‘ 7- s•—•- ( Li GOLDEN GATE BLVD L. = Li '.'I 1) PINE 6 RID RD. WHITE BLVD VI ri7-3 c.D V) F, IGREEN c) ■ 5' -' ' ci-, • m BLVD. 1..: cCl) ;"-j 8 E . GOLDEN GATE PKWY.co..."„-- v) w \ cc o . 1..-i o .1 a. RADIO RD. 7 .--------- . INTERSTATE 75 0 \ ii _i_ i -: ,....1( _ ALLIGATOR ALLEY i 1 \ /I < DAVIS BLVD. (i L.L./ • i f )-- In —J 0 co c..i m Li— RATTLESNAKLE): HAMMOCK Ln — SABAL PALM RD. c..) 6 w > co 0 , v ., ,. z BLVD. o cr.1 STEWART BLVDCr) u.,3 LaJ 2 . . . .. SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FALLS OF PORTOFL. 144_x_. 0 . O C . D . D . PROJECT LOCA:110\ MAP EXHIBIT ' . 6 . Packet Page-74- EXHIBIT 2 9/9/2014 9.A. R AY •5": 6a. i "0 ! .' ,T Al '+"\ ENGINEERING Professional Engineers,Planners&Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 48 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTIONS 34,TOWNSHIP 48 SOUTH,RANGE 26 EAST,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(S.W.1/4)OF SECTION 34,TOWNSHIP 48 SOUTH,RANGE 26 EAST;THENCE N.02°15'16"W.,ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF (C.R-862)VANDERBILT BEACH ROAD(200 FEET WIDE);THENCE N 89°52'55"W ALONG SAID RIGHT- OF-WAY LINE FOR 42.04 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED;THENCE CONTINUE N 89°52'55"W ALONG SAID RIGHT-OF-WAY LINE FOR 1,279.80 FEET TO THE SOUTHEAST CORNER OF ISLANDWALK PHASE SEVEN,A SUBDIVISION AS RECORDED IN PLAT BOOK 38,PAGES 5 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE N 02°14'00"W ALONG THE EAST LINE OF SAID SUBDIVISION FOR 1,860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF(S 1/2)OF 1"HE NORTHEAST QUARIhR(NE 1/4)OF THE SOUTHWEST QUARTER(SW 1/4)OF SECTION 34;THENCE S 89°52'18"E ALONG SAID FRACTION FOR 76.17 FEET;THENCE N 0295'16"W FOR 420.21 FEET;THENCE S 89°52'18"E FOR 1,214.97 FEET TO AN INTERSECTION WITH A LINE PARALT VT WITH AND 30.00 F1' WEST OF(AS MEASURED ON A PERPENDICULAR)THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4);THENCE S 02°15'16"E ALONG SAID PARALLEL LINE FOR 1,088.72 FEET TO A INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER(SE 1/4)OF SAID SOUTHWEST QUARTER(SW 1/4);THENCE N 89°52'30"W ALONG SAID NORTH LINE FOR 12.01 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 42.00 FEET WEST OF(AS MEASURED ON A PERPENDICULAR)THE EAST LINE OF SAID SOUTHWEST QUARTER(SW 1/4);THENCE S 02°15'16"E �� ALONG SAID PARALLEL LINE FOR 1,191.89 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 66.49 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS REFER TO THE NORTH RIGHT-OF-WAY LINE OF(C.R.-862)VANDERBILT BEACH ROAD, COLLIER COUNTY,FLORIDA,AS BEARING N.89°52'55"W. DECEMBER 20,2013. RICHARD M.RITZ / REGISTERED LAND SURVEYO'l FLORIDA CERTIFICATION NO 1 009 SHEET 1 OF 2 �� • SERVING THLSTATE OF FLORIDA • 10511 Six Mile Cypress Parkway•Suite 101•Fort Myers,Florida 33966 Phone 239-939-5490•www.bankseng.com•Fax 239-939-2523 Engineering License No.EB 6469•Surveying License No.LB 6690 5:Uobs\19wc\1971\SURVEYING\Descriptions\1971-:AD-BNDY-REV-12-10.13-DESC.doc Packet Page-75- 1 EXHIBIT 2 9/9/2014 9.A. Y - ..z ZnA Re, fl N Z> mww > n J 1z /....„ _ - - ......-...._ - - _ _ - - W �..-0 2= O�I Hs. '11N N y 0 A mZ col O N ' I \ „,- o mI S 8952'18'E 1214.97' 0 n Al , I m 1 I a .±:q1 q w I C \---- I r m #. �z o i g m y NORTH UNE OF THE S 1/2 OF THE NE 1/4 O1� OF THE SOUTHWEST(1/4) 34-48-26,_ _ _ h >y N I >m0 V znz mg1 �m m I O NI O fl mw m _ I 3. > 0 I' z ro y I I- mo, I-I rn ROj in co... i s n 0 nN m 1 I °c m IC 20/I b N I ?� O r z N N 895250”W I% i �—f - - NORTH LINE OF THE SE (1/4)7-.'' I-4 a OF THE SOUTHWEST(1/4) 34-48-26 I o ti \"; I 8 I. IN m l� N I m o I p I ^ N m lli. I , >m0 l/^/��/� O -,1, o 0 V 0 - 1q m KZ I y m t gm > °'�v1 KH Z ,C Iq m" \ >1 714,7,8 > v I �oz ZO ....,z T I � m I m=§ —z N= Z >Z m Z--I 1 Or H Vfq A z I N TI Z O �z C Z o (BEARING BASIS) \ H m N 895155'W 1279.80' ::::(41 NORTH RIGHT-OF-WAY UNE N 895253"W (1/4) 42.04' ` CA I _ _ - SOUTH UNE SOUTHWEST 34-48-26 _ _ _ ' U� VANDERBILT BEACH ROAD (C.R.-862) c4 w m y (200' RIGHT-OF-WAY) C-" g°i a a i� '' i.gCC�:41gii ai �'l'xgg H'NS20 � �y z gi 2A 'i'2"' bt"c ` a ,oizi iz'w m �x[-0y� (.1 4i @N P �pJ m;;M"F4,-m *amyl 2;p2o'a VA m %' $ P 1/--] * P" IN 2 .Fn �-,- N.:A 3Z, Fes. ' ..29 ., `./ 4i o L� a 7 * � , _<'^'„°p,oi2a 2i2 C� `ate 'a 3 -, p r ;9 W m �v F~I-��3iI a p<� H ,ate .-... a .,,, �„M, ,ag-m t,,;,,,R m >. A 0 = L ZV) r,,7.,,, H Jaa �r w P,ry1Cj�y 2N 4.., p n L: > J4J p .'1 adz to ltip �� 7:1 c Ez to o y>x 0mK 1--, R P4 2 ° 2,nnm,��g,+�,am nmai .22 t cad cc.P z '1 m Z- 2°. I.n R.. 7C +R H N "1yo°_ w� + 'n 00 t.;i oy _ '� sn apa x'+�op� a°:\ 2�CmT(Try Rirw� o' H Z �O �-�-y pppp Y'? m 02 .v,?. �zl t Qg8c °:1 a-.”`-"'P.E° /-'IZAy LSD ::'<u)-m>0 `--z r°14� y a n� �i biz c r rSNER b C 8 gsZ 0 1 n r' i -icAxtgmm'°t°" 3'^v �F" 8 �6l +o w mom 'o • 9 az � a � y"p^ �� 0aa >Z /� �� vvv ° , cn N' $>NO o n2{vlg°Q4d "Rt<�� a� UJ2 °Sc » ° C1-.a.1 ' 4,1,Atm �24,-'u', R'i.; yT1 k�1 «�yy z .0 - >y C ..A '°f°ao .Y,r Ie8"1%A^ gs >gg ' 4i.2 2,'.. m p =z 4...t �� — 2 `" "'��'� g z,°^g�°: � mQ �i 4!.?:, a-O H„ ul 8 o .3 ° * ' `e ms$ 6s0 0 $ 7 Packet Page-76-� s 9/9/2014 9.A. EXHIBIT 3 OWNER'S WRITTEN CONSENT TO THE ESTABLISHMENT OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT For all purposes related to this consent form, 100% of the real property to be included in the Falls of Portofino Community Development District (the "Property") has been described in either Schedule A or Schedule B,both of which are attached hereto. The land described in Schedule A consists of a metes and bounds description comprising all the land to be included in the Falls of Portofino Community Development District less certain developed lots which have been conveyed. The land described in Schedule B consists of the all those certain developed lots excluded from the aforesaid legal description of Schedule A. Schedule B contains the recorded deeds as well as the owner consents to the establishment of the Falls of Portofino Community Development District. Consent of the Owners of the SCHEDULE A Property WE, THE UNDERSIGNED ENTITIES (hereinafter collectively "Owners"), being all of the record title holders of that certain real property located in unincorporated Collier County, Florida, and more particularly described on Schedule A hereto (hereinafter "Property"), do hereby consent to the following: 1. The following entities comprise all of the Owners of the land described in schedule A: PRIME HOMES AT PORTOFINO FALLS, LTD., a Florida Limited Partnership, THE FALLS OF PORTOFINO MASTER HOMEOWNERS ASSOCIATION, INC., a Florida Limited Partnership, THE FALLS OF PORTOFINO CONDOMINIUM NO. 1 ASSOCIATION, INC., a Florida corporation, THE FALLS OF PORTOFINO CONDOMINIUM NO. 2 ASSOCIATION, INC., a Florida corporation, THE FALLS OF PORTOFINO CONDOMINIUM NO. 3 ASSOCIATION, INC., a Florida corporation, THE FALLS OF PORTOFINO CONDOMINIUM NO. 4 ASSOCIATION, INC., a Florida corporation, THE FALLS OF PORTOFINO CONDOMINIUM NO. 5 ASSOCIATION, INC., a Florida corporation, THE FALLS OF PORTOFINO CONDOMINIUM NO. 6 ASSOCIATION, INC., a Florida corporation, CLUB FALLS OF PORTOFINO, LLC., a Florida Limited Liability Company, and PORTOFINO FALLS BUILDERS, LLC., a Florida Limited Liability Company; and 2. The Owners consent to the establishment of the FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT (hereinafter "District") in accordance with Section 190.005,Florida Statutes; and 3. The Owners consent to the inclusion of the Property within the boundaries of the proposed District. By the execution of this written consent, the undersigned Owners hereby give their full consent to all of the foregoing. [Signature Pages Follow] Packet Page-77- 9/9/2014 9.A. nC IN WITNESS WHEREOF, the undersigned has hereunto set his hand this.1 day of L1h{' 2012. PRIME HOMES AT PORTOFINO FALLS, LTD. By: It's General Partner,THE FALLS OF PORTOFINO BUILDERS, LLC, a Florida Limited Liability Company ,f By: ; ��. L. •o, 'anager STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this ?? day of— 2012, by Larry M.Abbo,Manager of The Falls of Portofino Builders, LLC, a General Partner of Prime Homes at Portofino Falls, LTD., who is personally known to me or produced as identification. .SAY NOTARY PUB Notary Public Signature: 41-9/1/-a- 4alii NOTARY PUBLIC �' �` STATE OF FLORIDA Printed Name: A( t-i! • a Commit DD970869 le Empires 4/712014 Notary Stamp: 2 Packet Page-78- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this t day of H 9 Fe 2012. n THE FALLS OF PORTOFINO MASTER HOMEOWNERS ASSOCIATION, INC., a Florida Limited Partnership Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this day of Sr,2012, by Geovanna Fortier, Secretary of The Falls of Portofino Master Homeowners Association, Inc. a Florida Limited Partnership,who is personally known to me [,/]'or produced as identification. Notary Public Signature: Printed Name: A2(yt..) n Notary Stamp: ARLYN KATZ -• NOTARY PUBLIC _.STATE OF FLORIDA Comrr#Y DD970869 'rlfrce -19' Expires 4/7/2014 3 Packet Page-79- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this (r day of p7l.. ' 2012. ��J""'' THE FALLS OF PORTOFINO CONDOMINIUM NO. 1 ASSOCIATION, INC. // / , By: %tT Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this 0 day oft-172012, by Geovanna Fortier, Secretary of The Falls of Portofino Condominium No. 1 Associ ation, Inc., who is personally known to me [/] or produced as identification. Notary Public Signatur : 2 -0 � Printed Name: Ai i n r�,q-1- � Notary Stamp: ece�t ARLYN KATZ ., TUC PUBUC 'a'- ,.i;. ) STATE OF FLORIDA '.;.Comm#DD970869 „'4I, ' Expires 4/712014 4 Packet Page-80- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 49 day ofd' 2012. THE FALLS OF PORTOFINO CONDOMINIUM NO. 2 ASSOCIATION, INC. BY: 21 4,/,,t t) Zt. Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this day of o j , 2012, by Geovanna Fortier, Secretary of The Falls of Portofino Condominium No. 2 Association, Inc.,who is personally known to me [ • or produced as identification. a Notary Public Signature: Printed Name: Al ` y-, Notary Stamp: _a[PItY,kt AF LYfq KATE .r7,7‘t, NOTARY PUBLIC 411X": '!STATE OF FLORIDA 191° Expires 4/7/2014 5 Packet Page-81- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this o day of IV: 2012. THE FALLS OF PORTOFINO CONDOMINIUM NO. 3 ASSOCIATION, INC. / Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this 4. day of_ ',ij , 2012, by Geovanna Fortier, Secretary of The Falls of Portofino Condominium No. 3 Assoc .tion, Inc., who is personally known to me [ Vfor produced as identification. Notary Public Signature. Printed Name: PI N�f Notary Stamp: ARLYN KATZ :11'; s, NOTARY PUBLIC STATE OF FLORIDA �w ,ry 2 Comm#DD970863 1e Expires 4/7/2014 6 Packet Page-82- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 40 day of Sefe. r-.. 2012. THE FALLS OF PORTOFINO CONDOMINIUM NO. 4 ASSOCIATION, INC. f, / By: I'' 0.4/41 JJ Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this c day of.y 012, by Geovanna Fortier, Secretary o .The Falls of Portofino Condominium No. 4 Association, Inc., who is personally known to me[ or produced as identification. 1 Notary Public Signature: ' 1 / Printed Name: A(i` 'r Ic_,q--�.�.f I Notary Stamp: .I`. ARLYN KATZ e :ax "3�NOTARY PUBLIC - xl STATE OF FLORIDA. , ,.,.:' Comm ti 00970869 4111VEr►9. Expires 4/7/2014 ,^\ 7 Packet Page-83- 9/9/2014 9.A. • IN WITNESS WHEREOF, the undersigned has hereunto set his hand this day ofs¢e: 2012. �/ THE FALLS OF PORTOFINO CONDOMINIUM NO. 5 ASSOCIATION, INC. / ' By '1 / ,. i/.. Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this ( day of Se.F 2012, by Geovanna Fortier, Secretary of The Falls of Portofino Condominium No. 5 Association, Inc.,who is personally known to me [ V� or produced as identification. Notary Public Signa e: Printed Name: t A r y v, Notary Stamp: ARLYN KAZ NOTARY PUBLIC ilno STATE OF FLORIDA DD970869 46.E t Expires 4/7/2014 8 Packet Page-84- 9/9/2014 9.A. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this day of Y 2012. THE FALLS OF PORTOFINO CONDOMINIUM NO. 6 ASSOCIATION, INC. By: Lutiti Geovanna Fortier, Secretary STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this l day of , 2012, by Geovanna Fortier, Secretary of The Falls of Portofino Condominium No. 6 Associ.•'on, Inc., who is personally known to me Vor produced as identification. / Notary Public Signatur:• l Printed Name: Al(.Li Ii- Notary Stamp: 9 Packet Page-85- 9/9/2014 9.A. rid WITNESS WHEREOF, the undersigned has hereunto set his hand this day of,Vdned 2012. CLUB FALLS OF PORTOFINO,LLC. a Florida Limited Liability Company 1/ I By: te:_,�i/i.%!/��I /i'` .Lam,: ."A/;/ ,, anger 1 STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this ,/g., day of Z7,,j2012, by Larry M. Abbo, Manager of Club F is of Portofino, LLC., a Florida Limited Liability Company,who is _ personally known to me[ ] or produced as identification. Notary Public Signature. ' 1,Lat:3 ....k"%... Printed Name: 64[x,,,Y,,41j- - Notary Stamp: �g1RV4 ARLYN KATZ N't;,. f4,-, ROTARY PUBLIC (:P �� STATE OF FLORIDA v-, , . '; >-'Comn4 DD970869 *GE ec1° `Mires 4/7/2014 ,---1, 10 Packet Page-86- 9/9/2014 9.A. pd IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 2-(2 day of J i n '� 2012. PORTOFINO FALLS BUILDERS, LLC, a Florida Limited Liability Company, as successor to Portofino Falls Builders, Inc., BY: � �.4./, 4%I -- L. , M. •/4, Manager STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge before me this _day of SiI X 20 2, by Larry produced Abbo, Manager of Portofino Falls Builders, LLC., who is personally known to me [✓] or roduced as identification. Notary Public Signature: _AS-rat- Printed Name: , j tk.fin KA 12 Notary Stamp: �� 4�n ;RLYN KATZ 3 'a NOTARY PUBLIC . STATE OF FLORIDA �"1 .{ Gumrrt#GQ97o8o9 41 F 19 6 E:prres 41172014 11 Packet Page-87- 9/9/2014 9.A. ! _I. 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EXHIBIT ' 3A" 1 ••-•--.-- , _ Packet Page -88- 9/9/2014 9.A. I L_ • � r Y I T 1 I � 1 I I CM ILIUM 1112111U11 IUiAS 11110111 `- 1 it iV azi 1206 C im e+` I II ,fi � a iM i ir w I- r7 v • airy w rji �r�i�� 1 I I • w SANITARY SEWER a rill �"151,11 1 I I • PIPE (TYPICAL) ! LEGEND r I I II I l \I. SANITARY SEWER PIPE '.i 1l lll'll lll'I N Iii,: I B"SS 1111r4 . i I -� \ !I; III rl \ SEWER MANHOLE �I'il 1 I---. . w1 (TYPICAL) , %� \v �� r `.._ l -\______ , , L,,,_• • ,3 L___,,,,,,,, EWeviti-s . 0 711 1 . I Ilmr_TI___7•__,_ i,*_ 0 • • 1 , , ►r# �t; _ . , , 1 . in i ,,,, : „.2,:. I -W% ... . 11 Arl m. ./ 1.. /. , I r/' 1 i -t ! ,, • - . f 1iiiil . E 16"F E 16"F } ! . 1 UI v<vpEFEcrbt<rx xwc rrF_as71 ' FALLS OF PORTOFINO C.D.D. PROPOSED WASTEWATER PLAN I EXHIBIT " 3B' Packet Page -89- 9/9/2014 9.A. 1 E11l��1I1 N 1111111111111 1!!!1!�11 li•Ve • .I I N�lI li�i i�l ul u a ilu ll� oii lb� r� �Uk w.. 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WOLF CREEK PUD ISLAND WALK WOLF CREEK PUD 1' (RESIDENTIAL SINGLE-FAMILY) • nAlJPDa ; (WEDDED AND VACANT) FIESIOFIRr A.=MOM tt E. f b•3Yf!'t DUX' tirru>,MOOD N.T.S. 1 C •A'ADRTWLTDfE k (WOODED AND VACMT) S WOLF CREEK PUD (RESIDENTIAL SIMILE-FAMILY) rax•t bu.b : 14 WOLF CREEK PUD c a WOLF CREEK PUD t = (RESIDEI:IAL SINGLE-FAMILY) • y (RESIDENTIAL WLTI-FAHSLY) (VACANT WOODED) ISLAND WALK DRI(PUD RESIDENTIAL=ENMITY) I ` —11 • WOLF CREEK PUD (RESIDDITIAL 1002-FWRLY) • (VACANT INACTIVE FARM FIELD) • •btsrv-r M. _ I ter- 1-'———-'— VANDEIILT BEACH ROAD __ • FALLS OF PORTOFINO C.D.D. EXISTING LAND USES MAP EXHIBIT s 4a f Packet Page-91- 9/9/2014 9.A. • • I I N R IIICCS ill \y' N.T.S. 1 g z • LAND USE URBAN RESIDENTIAL 6 a•S7 SE'E lief.11 8 • CISYU'E 1a1.65 1 • A n X,•X� I I I • AGRICULTURE ZONING PAST RE WITH BARNS IU1 PUTT OF THE WOLF CREEK PRO REZONING) PROPOSED FUTURE OFFICE/CODUEROLtL % C-X--K -X •_ z X-X-- a q'EYif'A'rabaa• VANDERBILT BEACH ROAD • • FALLS OF PORTOFINO C.D.D. LAND USES MAP EXHIBIT n 5' 18 Packet Page -92- 9/9/2014 9.A.a.•C I B 1 �� fi l tl I I I I ON 1 1 a Ira Itl!Idl I Ild in I I d!II I 1114 Id � f E.: ititii,� PI i �r p ram `�...., e w , r w P. (Bit *t_ ' a« all � � � I / 444t Mik gain ra-mi 4 rr;- _ _�" � I I PUBLIC LAND v. USE AREAS ` i ��7We 9r ALL NON-HATCHED jr`+� AREAS ARE PRIVATE G. wi ri 'I A Iiiti�iiil i LAND USE AREAS ©iii/ j` �( li 0 ://:„/, a II , �/0:-.D. QZ1Z-li ris I, I .: • r_____,_„1 i .......„ ,,,,,ae. I tiq' / / 1 I =I) H 1 1 it I,t 1�__. ,I I-J i„,,,,,,,,„,,,,„,„,,,,,,,,,,„„„„,2,,,, MAR I IL ■■ • FALLS OF PORTOF]NO C.D.D. PROPOSED DEVELOPMENT PLAN • EXHIBIT A 6' 19 Packet Page -93- 9/9/2014 9.A. PROPOSE)VA7ER IANN(SIZE AS NO1E)) �•6`F PROPOSED FORCE MAIN(SIZE AS NOTED) E46'F- EXISTING FORCE MAIN(SIZE AS NOTED) - --E3O'W--- EXISTING WATER MAIN • I . • II • • + • I NTS FALLS OF PORTOFINO C.D.D. • • • • B"FORCEMAIN • f, WOLF CREEK PUD (RESIDENTIAL SIRSLE-FAMILY) 8"FORCEMAIN I 12"WATERMAIN a w 8"FORCEMAIN vT 12"WATERMAIN a, 0 D U OUTFALL VBR- ROAD SIDE DITCH ` • ".._ z — -- -– — — — — `EXISTTNG 7.6"RORCEMAZN- FISTING 30"WM z ' w _ FALLS OF PORTOFINO EXISTING UTILITY PLAN EXHIBIT ` 7' 3 CO Packet Page-94- 9/9/2014 9.A. EXHIBIT 8 ESTIMATED COSTS OF DISTRICT IMPROVEYEENTS • Stormwater Management $5,740,741 Water Distribution $746,296 Wastewater Collection $803,704 Rights of Way and Open Space Improvements $459.259 Total Estimated Costs $7,750,000 • {OD002&43.DDC v1} 21 Packet Page-95- 9/9/2014 9.A. Portofino Falls Community Development District Revised Application Budget 2/27/2014 Existing Original Category Expanded Phase I Future ROW Total by In Application Categories (Actual+ Phase II Category Repairs _ Stormwater Stormwater 360,408 750,000 Lake Excavation 428,721 424,775 4,158,349 Fill 619,951 1,363,892 Valley Gutter 70,602 140,000 Water 1Water Main 351,5991 750,0001 1 1,101,599 Sewer Sewer(Gravity/F.M.) 529,923 750,000 Liftstation Upgrades 112,000 1,391,923 ROW/Open Space Landscaping 180,000 165,000 50,000 Wetland Improvement 50,000 Perimeter Wall 87,000 1,098,129 Pristine Drive 216,129 Street Light 350,000 Total by Phase I I 2,628,2041 4,505,6671 616,1291 7,750,000 Note: Phase I includes 246 townhomes style homes. Phase II has not been designed, but could be up to 244 townhomes. Packet Page-96- 9/9/2014 9.A. On both issues, keep in mind that the provided costs are only a portion of the total infrastructure cost that could be built with CDD funding, however, we have only requested a limited amount, and tried to include a portion of several line items, rather than funding completely fewer items. This way, there is more flexibility, and fewer issues later by having left over amounts in any one item that will require transferring elsewhere. Please let me know if this helped, if not,then what is the best way to set up a call/meeting. Thank you for your understanding and patience. PRIME GROUP kD$I Is-. Jorge Cepero 4651 Sheridan Street, Suite 480 Hollywood, Fl. 33021 jorgecaPrimeGroupUS.com Tel. (954) 392-8788 Ext. 319 Fax. (954) 392-8748 www.PrimeG roupU S.corn « 3 » F:\CURRENT FALLS CDD ACTT VITIES\Running 'Falls'Notes.docx Packet Page-97- 9/9/2014 9.A. March 10, 2014 I will attempt here to provide some additional explanations, but I think the best way to proceed is to set up a conference call with the people providing the comments. Maybe even have an in- person meeting. We do not know how much detail to provide. We initially provided the level of detail that we have provided in other applications. As an estimate, it is understood that it is arrived at through a combination of available data and a little bit of estimating experience. The latter is not quantifiable and has no back up. The former consists of numbers acquired from a variety of sources, which would require lengthy explanations. When we are getting ready to build, we use the permit drawings to count every single item, and come up with very accurate estimates. These, of course, do not exist at the moment, nor can they be done until designs are done and permits are in hand. I assume you are not looking for this level of detail. Where exactly in between would satisfy you guys is where I want to zero in on, in order to avoid either a lot of back and forth with incremental increases in detail, or over sharing on our side. Keep in mind that the science of estimating is work-product that no organization wants to reveal to its competitors, and whatever we provide will be open to the public. So keeping in mind that I will probably need more direction through a call/meeting, I will nevertheless try to provide more info here: First remark: Provide back up-We have broken up the four general categories in order to provide more detail as to how the numbers were arrived. What we understand with the request for "back up", is perhaps provide quantity take offs with cost per linear feet,for example. These will not be available until design is complete. Or if by"back up", you mean a proposal from a contractor, or estimate from engineer,these would not be available until design is complete. However, we do use input from contractors and engineers in order to come up with estimates. Second remark: Signal and turn lane costs:A line item was created in the budget for the signal. However, it was labeled "street light", which could have been mistaken for street lighting. The label should have read "traffic signal"to be more clear. Our apologies if that caused confusion. This cost was based on our experience with traffic signals, and related costs. The turn lanes will be done if traffic volumes trigger a requirement by the county. Since we don't know whether they will be needed (keep in mind the initial application was done at a time when projections for traffic volumes were much higher), nor do we know which intersections will require it. It is mentioned in the narrative because it is a possibility. « 2» F:\CVRRENTFALLS CDDACT]VITIES\Running 'Falls'Notes.docx Packet Page-98- 9/9/2014 9.A. EXHIBIT 9 PROPOSED TIME TABLE FOR CONSTRUCTION OF IMPROVEMENTS Phase One: 1. Surface Water Management and control systems, including but not limited to earthwork and landscaping. COMPLETE 2. Water distribution and wastewater collection and transmission facilities. COMPLETE 3. On-site and off-site roadway improvements. COMPLETE Phase Two: 4. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a. Start Date—October 2013 b. End Date—July 2014 5. Water distribution and wastewater collection and transmission facilities. a. Start Date—October 2013 • b. End Date—July 2014 6. On-site and off-site roadway improvements. a. Start Date—October 2013 b. End Date—July 2014 • {00002843 DOC v 1) 22 Packet Page-99- 9/9/2014 9.A. EXHIBIT 10 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Portofino Falls Community Development District ("District"). The proposed District comprises approximately 68.39 acres of land located within unincorporated Collier County (the "County"), Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Portofino Falls Community Development District The proposed District comprises approximately 68.39 acres within the County. The District is designed to provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Portofino Falls Community Development District. The development plan for the proposed lands within the District . includes the construction of approximately 490 townhome units. Packet Page-100- 9/9/2014 9.A. A Community Development District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. CDD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in which the CDD lies. A CDD does not have permitting, zoning or police powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the proposed Development herein. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Portofino Falls Community Development District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) .A good faith estimate of the cost to the agency', and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with 1 For the purposes of this SERC,the term"agency"means Collier County and the term"rule"means the ordinance(s) which Collier County will enact in connection with the creation of the District. 2 Packet Page-101- 9/9/2014 9.A. 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. (e) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (Collier County is not defined as a small county for purposes of this requirement.) (f) Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any 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 Adverse impact on economic growth, business competitiveness or increased regulatory costs, in excess of$1 million. It is unlikely the creation of the District will meet any of the triggers in Section 120.541(2)(a). The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Development described herein is an anticipated Planned Development Project designed for up to 490 total residential units. Formation of the District would put all of these households and commercial uses under the jurisdiction of the District. It is not anticipated that anyone outside the District would be affected by the rule creating the District, although the State of Florida and Collier County would be required to comply with the rule. 4.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. 3 Packet Page-102- 9/9/2014 9.A. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Rule State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed is within Collier County, therefore Collier County is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district must pay an annual fee.to the State of Florida Department of Community Affairs, which offsets such costs. Collier County The proposed land for the District is in Collier County and consists of less than 1,000 acres. Collier County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. The costs to review the record of the local hearing, the transcript of the hearing, and the resolutions adopted by the local general-purpose government will be offset by the filing fee required under 190.005 (1)(b), F.S. These costs to the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning charges that are far more complex than is the petition to establish a community development district. The annual costs to Collier County because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County or the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the local governing authorities. 4 Packet Page -103- 9/9/2014 9.A. 4.2 Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the planed Development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, Collier County, or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs are likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The proposed district intends to the stormwater management system, the water distribution and wastewater collection system and rights of way and open space improvements. Table 1. Portofino Falls Community Development District Proposed Facilities and Services FACILITY FUNDED BY O&M OWNERSHIP Stormwater Management CDD CDD CDD Water Distribution CDD County County Wastewater Collection CDD County County Rights of Ways and Open Space Improvements CDD CDD CDD CDD=COMMUNITY DEVELOPMENT DISTRICT; CITY=CITY OF HOMESTEAD; COUNTY=COLLIER COUNTY The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $7,7750,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds 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 outlined in Table 2. 5 Packet Page-104- 9/9/2014 9.A. 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. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept'the non-ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. 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, City/County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. r1 6 Packet Page -105- 9/9/2014 9.A. Table 2. Cost Estimate for District Facilities CATEGORY COST Stormwater Management $5,740,741 Water Distribution $746,296 Wastewater Collection $803,704 Rights of Ways and Open Space Improvements $459,259 Total Estimated Costs $7,750,000 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population in 2010 that is greater than 75,000. Therefore the County is not defined as a "small" County according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Prepared by: Richard Hans Governmental Management Services-South Florida, LLC June 19, 2012 7 Packet Page-106- 9/9/2014 9.A. APPENDIX A REPORTING REQUIREMENTS FOR SPECIAL DISTRICTS • f-. 8 Packet Page-107- 9/9/2014 9.A. AUDITOR GENERAL,LOCAL GOVERNMENT SECTION Room 401, Claude Pepper Building, 111 West Madison Street,Tallahassee, Florida 32399-1450 Annual Financial Audit Section 218.39,F.S. All special districts with Annually within 45 days Report Chapter 10.550,Rules either revenues or after delivery of the audit of the Auditor General. expenditures of more than report to the governmental Handbook Section 2-4 $100,000. entity,but no later than 12 months after fiscal year All special districts with end. Two copies of the revenues or annual financial audit expenditures/expenses report must be submitted between$50,000 and to the Auditor General. $100,000 that have not been subjected to a financial audit for the two preceding years. A dependent special district that is a component unit of a county or municipality may provide for an annual financial audit by being included in the audit of that county or municipality. In such instances,that audit report must clearly state that the special district is a component unit of the county or municipality. • • Packet Page-108- 9/9/2014 9.A. Submission Statutory/Rule Applicable Due Date Requirement Reference Special Districts DEPARTMENT OF ECONOMIC OPPORTUNITY, SPECIAL DISTRICT INFORMATION PROGRAM 107 E.Madison St,MSC-400,Tallahassee,Florida 32399-6508 Creation Documents and Section 189.418,F.S. All special districts. Within 30 days after Amendments,including Handbook Section 1-4 adoption/approval. Codified Act,if applicable Dissolution Documents Section 189.4042,F.S. All special districts. Within 30 days of the Handbook Section 1-4 dissolution effective date. Merger Documents Section 189.418,F.S. All special districts. Within 30 days of the Section 189.4042,F.S. merger's effective date. Handbook Section 1-4 • Special District Map and Section 189.418,F.S. All special districts. Within 30 days after Amendments Handbook Section 1-4 adoption/approval. Special District Fee Section 189.427,F.S. All special districts. Annually,by the due date Invoice($175.00)and Rule 9B-50.003,F.A.C. on the Form(sent to all Update Form Handbook Section 1-3 special districts around October 1). Registered Agent and Section 189.416,F.S. All special districts. Within 30 days after the Office Initial Designation Section 189.418,F.S. first governing board Handbook Section 1-4 meeting. Registered Agent and Section 189.416,F.S. All special districts. Upon making the change. Office Changes Section 189.418,F.S. Handbook Section 1-4 Disclosure of Public Section 190.009,F.S. All Community At all times public Financing Development Districts financing is imposed. ■••—•■ Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes 10 Handbook=Florida Special District Handbook Packet Page -109- 9/9/2014 9.A. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF ACCOUNTING 200 East Gaines Street,Tallahassee,Florida 32399-0354 Annual Financial Report Section 189.418,F.S. All independent special Annually within 12 months with a copy of the Section 21 8.31,F.S. districts,All dependent of fiscal year end(9/30) Annual Financial Audit Section 218.32,F.S. special districts that are and 45 days of audit Report attached,if Handbook Section 2-3 not component units of a completion. If no audit is required local governmental entity. required,file by April 30. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF COLLATERAL MANAGEMENT 200 East Gaines Street,Tallahassee,Florida 32399-0345 Public Depositor Annual Section 280.17,F.S. All special districts. Annually by November 30. Report to the Chief Section 4C-2.032,F.A.C. Financial Officer(Form Handbook Section 3-5 DI4-1009) Proof of Authority to Section 4C-2.032,F.A.C. All special districts. Annually by November 30, Execute Form DI4-1009 Handbook Section 3-5 attached to above report. Public Deposit Section 4C-2.032,F.A.C. All special districts. Execute at the time of Identification and Handbook Section 3-5 opening the account and Acknowledgement Form keep on file. Submit only (Form DI4-1295) in case of default of the qualified public depository. Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 11 Handbook=Florida Special District Handbook Packet Page-110- 9/9/2014 9.A. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT Bureau of Local Retirement Systems,Cedars Executive Center,Building C,2639-C North Monroe Street,Tallahassee,Florida 32399-1560 Actuarial Impact Section 112.63,F.S. Any special district When considering plan Statement for Proposed Rule Chapter proposing benefit changes changes. Plan Amendments 60T-1.001,F.A.C. to its defined benefit Handbook Section 2-6 retirement plan. Defined Contribution Section 112.63,F.S. Special districts with Within 60 days of the Report Rule Chapter defined contribution plans. reporting period's ending 60T-1.004,F.A.C. date. Handbook Section 2-6 Actuarial Valuation Section 112.63,F.S. Special districts with At least every three years, Report Rule Chapter defmed benefit retirement within 60 days of 60T-1,F.A.C. plans. completion. Handbook Section 2-6 DEPARTMENT OF REVENUE, PROPERTY TAX ADMINISTRATION PROGRAM, TRIM COMPLIANCE SECTION P.O.Box 3000,Tallahassee,Florida 32315-3000 Truth-in-Millage Section 200.068,F.S. Special districts that can Annually by November 1. Form DR421 Handbook Section 3-3 levy taxes but will not do so during the year. Truth-in-Millage Section 200.068,F.S. Special districts levying No later than 30 days Compliance Package Handbook Section 3-3 property taxes. following the adoption of Report the property tax levy ■ •■ ordinance/resolution. DEPARTMENT OF STATE Division of Elections,Room L66,Collins Building, 107 West Gaines Street Tallahassee,Florida 32399-0250 Quarterly Gift 112.3148,F.A. Everyone required to file By the last date of the Disclosure(Form 9) Handbook Section 3-1 Form 1, receiving a gift calendar quarter following worth over $100, unless any calendar quarter in the person did not receive which a reportable gift was any gifts during the received. calendar quarter. ■•■ Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 12 Handbook=Florida Special District Handbook Packet Page-111- 9/9/2014 9.A. LEGISLATIVE PRESIDENT OF THE SENATE (Florida Capitol, Suite 409, Tallahassee, Florida 32399-1100) SPEAKER OF THE HOUSE OF REPRESENTATIVES(Florida Capitol,Suite 420,Tallahassee, Florida 32399-1300)and Each Appropriate Standing Committee of the Legislature Agency Rule Report Section 120.74,F.S. Certain Special Districts Initial by October 1, 1997, Handbook Section 1-4 with adopted rules(see then by October 1 of every Handbook Section 1-4). year thereafter. SPECIAL DISTRICT'S FINANCIAL RECORDS If requested,provide a copy to the Department of Financial Services,the Auditor General,and/or the Legislative Auditing Committee. Annual Financial Section 218.321,F.S. All special districts that Complete before Statements Handbook Section 2-2 are not component units of completing the audit. If no a municipality or county. audit is required,complete within 12 months after the end of the fiscal year. SPECIAL DISTRICT'S GOVERNING BOARD MEETING MINUTE RECORDER Memorandum of Section 112.3134,F.S. Special District Local Within 15 days after the Voting Conflict for Handbook Section 3-1 Officers with Voting vote occurs. County, Municipal, Conflicts. and Other Local Public Officers (Form 8B) SPECIAL DISTRICT'S GOVERNING BOARD MEMBERS(EACH MEMBER) Actuarial Valuation See Department of Management Services,Division of Retirement. Annual Financial Audit Report See Auditor General,Local Government Section. Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 13 Handbook=Florida Special District Handbook Packet Page-112- 9/9/2014 9.A. SPECIAL DISTRICT'S LOCAL GENERAL-PURPOSE GOVERNMENTS(PLANNING DEPARTMENT) Each one in which the Special District is Located Public Facilities Initial Section 163.3191,F.S. Independent special Within one year of the Report Section 189.415(2),F.S. districts(See Handbook special district's creation. Rule Chapter Section 1-6). 9J-33, F.A.C. Handbook Section 1-6 Public Facilities Annual Section 163.3191,F.S. Independent special Annually. Contact each Notice of Any Changes Section 189.415(2),F.S. districts(See Handbook local general-purpose Rule Chapter Section 1-6) government for the due 9J-33,F.A.C. date. Handbook Section 1-6 Public Facilities Updated Section 189.415(2)(a), Independent special Every five years,at least Report F.S. districts(See Handbook 12 months before the due Rule Chapter Section 1-6). date that each local 9J-33,F.A.C. general-purpose Handbook 1-6 government must submit Appendix B its Report to the PP Department of Community Affairs. See Appendix B. SPECIAL DISTRICT'S LOCAL GOVERNING AUTHORITY(IES) (If municipality,file at the place they designate;if county(ies),file with the(each)clerk of the board of county commissioners) ■••—■ Budget or Tax Levy Section 189.418,F.S. All special districts. If requested,provide to Handbook Section 2-2 the local governing authority within the district's boundaries. Proposed Annual Section 190.008,F.S. All Community At least 60 days prior to Budget Development Districts adoption. Registered Agent and Section 189.416,F.S. All special districts. Within 30 days after the Office Initial Designation Section 189.418,F.S. first governing board Handbook Section 1-4 meeting. Registered Agent and Section 189.416,F.S. All special districts. Upon making the change. Office Changes Section 189.418,F.S. Handbook.Section 1-4 Regular Public Meeting Section 189.417,F.S. All special districts. Quarterly,semiannually, Schedule Section 189.418,F.S. or annually. Handbook Section 3-2 n Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 14 Handbook=Florida Special District Handbook Packet Page -113- 9/9/2014 9.A. • SPECIAL DISTRICT'S LOCAL LEGISLATIVE DELEGATION Draft Codified Charter Section 189.429,F.S. All special districts with December 1,2004 as a Local Bill Handbook Section1-4 more than one Special Act. SPECIAL DISTRICT'S RESIDENTS AND PROSPECTIVE RESIDENTS AND RESIDENTIAL DEVELOPERS (GIVE SUFFICIENT NUMBER OF COPIES TO THE DEVELOPERS FOR DISTRIBUTION TO EACH PROSPECTIVE INITIAL PURCHASER OF PROPERTY) Disclosure of Public Section 190.009,F.S. All Community At all times public Financing Development Districts financing is imposed. STATE BOARD OF ADMINISTRATION,FINANCIAL OPERATIONS 1801 Hermitage Boulevard,Suite 100,Tallahassee,Florida 32308 Investment Pool Systems Handbook Section 3-6 All special districts At the time of making any Input Documentation investing funds with the changes or updates to the State Board of account. Administration or Local Government Trust Fund. Resolution for Section 218.407,F.S. All special districts At the time of investing Investment of Surplus Handbook Section 3-6 investing funds with the surplus funds. Funds State Board of Administration or Local Government Surplus Funds Trust Fund. Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 15 Handbook=Florida Special District Handbook Packet Page-114- 9/9/2014 9.A. STATE BOARD OF ADMINISTRATION,DIVISION OF BOND FINANCE 1801 Hermitage Boulevard,Suite 100,Tallahassee,Florida 32308 Advance Notice of Bond Section 218.38,F.S. All special districts as Before selling certain Sale Handbook Section 2-5 applicable. general obligation bonds& revenue bonds or closing on any similar long-term debt instruments. Bond Information Section 189.418,F.S. All special districts as Within 120 days after Form/Bond Section 218.38,F.S. applicable. New bond delivery of general Disclosure Form Handbook Section 2-5 issues only. obligation bonds and (BF2003/2004A&B) revenue bonds. Bond Verification Handbook Section 2-5 All special districts as Within 45 days of the Form(BF2005) applicable. Division of Bond Finance's request. Complaint for Section 75.05(3),F.S. All independent special At time court issues Validation of Bonds Handbook Section 2-5 districts. validation order. Final Official Statement Section 218.38,F.S. All special districts as Within 120 days after (Bonds) Handbook Section 2-5 applicable, delivery of the bonds, if prepared. IRS Form 8038 Section 159.345(1),F.S. Special districts issuing Submit with the Bond (Bonds) Section 159.475(1),F.S. Industrial Development or Information Form & Section 159.7055,F.S. Research and Official Statement, if any Handbook Section 2-5 Development Bonds. is published. Abbreviations: F.A.C.=Florida Administrative Code;F.S.=Florida Statutes; 16 Handbook=Florida Special District Handbook Packet Page-115- 9/9/2014 9.A. SUPERVISOR OF ELECTIONS (LOCAL) In the County of the Reporting Person's Permanent Residence Statement of Financial Section 112.3145,F.S. All"special district Within 30 days of Interests(Form 1) Handbook Section 3-1 local officers" accepting the appointed to a special appointment,then every district or special year thereafter by July 1. district's board. Statement of Financial Section 112.3145,F.S. All"special district During the qualifying Interests(Form 1) Handbook Section 3-1 local officers"elected period,then every year to a special district's thereafter by July 1. board. Final Statement of Section 112.3145,F.S. All"special district Within 60 days of Financial Interests Handbook Section 3-1 local officers"who are leaving public position. (Form 1F) required to file Form 1 and are leaving a position. Quarterly Client Section 112.3145(4), Certain special No later than the last Disclosure(Form 2) F.S. district local officers, day of the calendar Handbook Section 3-1 depending upon their quarter following the position,business or calendar quarter during interests(See which the representation Handbook Section 3- was made. 1) Annual Disclosure of Section 112.3148,F.S. All special districts Annually by July 1. Gifts from Section 112.3149,F.S. local officers who file Governmental Entities Handbook Section 3-1 Form 1 and who receive and Direct Support a reportable gift or Organization and expense. Honorarium Event Related Expenses (Form 10) Interest in Competitive Section Certain special districts Before or at the time of Bid for Public Business 1 12.313(12)(3),F.S. local officers(See the submission of the (Form 3A) Handbook Section 3-1 Handbook Section 3-1). bid. 17 Packet Page-116- 9/9/2014 9.A. • BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO ESTABLISH THE PORTOFINO COMMUNITY DEVELOPMENT DISTRICT • AFFIDAVIT ADOPTION WRITTEN, PRE-FILED 'I'ESTIMONY STATE OF FLORIDA COUNTY OF BROWARD I,Larry Abbo, Manager of Prime Homes at Portofino Falls, LTD., by The Falls of Portofino •-■ Builders, LLC, a Florida Limited Liability Company, its general partner,being duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. • 2. My name is Larry Abbo and I am Manager of Prime Homes at Portofino Falls, LTD., by The Falls of Portofino Builders,LLC, a Florida Limited Liability Company,its general partner. 3. The prepared,written,pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District, and attached hereto,is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing on ,200_,my oral answers would be the same as the written answers presented in my pre-filed testimony. 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District,the truth and accuracy of the Petition to establish the proposed District, and compliance 1 Packet Page-117- 9/9/2014 9.A. with the factors to be considered in the establishment of a community development district. Under penalties of perjury,I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this L0 day of 1,4 vex ( " ,2419. Prime Homes at Portofino Falls,LTD.,by The Falls of Portofino Builders,LLC, a Florida Limited Liability Company,its general partner, B y / //1 .4� L, •b o,.) ,ger SWORN TO and SUBSCRIBED before me by the • ..•t,on this aQ , day of t�DVet>~�j'W , 2000. ARLYN KATZ 'S rq NOTARY PUBLIC 1 v.::'•STATE OF FLORIDA ' ,mm#DD9T0669 ,vlrsA f e14 Notary `u i he State of ; lorida A►��l`'( t-'1 k A+2 Typed Name of Notary Public Personally P y Known Type Identification produced 2 Packet Page -118- 9/9/2014 9.A. TESTIMONY OF LARRY ABBO, MANAGER 1.Please state your name and business address. My name is Larry Abbo. My business address is 4651 Sheridan Street, Suite 480, Hollywood, FL 33021 2.By whom are you employed and in what capacity? I am Mananger of Prime Homes at Portofino Falls,LTD.,by The Falls of Portofino Builders, LLC, a Florida Limited Liability Company, its general partner. 3. Please describe your duties in this position. As Manager, I am responsible for oversight of all operations related to land development, construction,accounting and sales. 4. Please describe your experience and credentials,including your current employment. Resume is attached as Exhibit A. 5.How long have you held this position? 1989 - Present 6.Are you generally familiar with the geographic areas,type, and scope of development and the available services and facilities within the proposed Community Development District to be known as Falls of Portofmo Community Development District? Yes, I am familiar with the Falls of Portofino CDD geographic area. I am familiar with the scope of development and available services and facilities within the proposed CDD. 7.Please describe your involvement with the Petition for an Ordinance to Establish the Falls of Portofino Community Development District("Petition")? I have been involved with the formation of the Falls of Portofino CDD since its inception. I was involved in the planning stages of the Falls of Portofino CDD and in the preparation of the CDD Petition and Exhibits. 8.Have you reviewed the contents of the Petition? 1 Packet Page-119- 9/9/2014 9.A. Yes, I have reviewed and approved the contents of the Petition and Exhibits. 9.Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. 10.Are the contents of the Petition and Exhibits true and correct to the best of your knowledge? Yes. 11.In response to this Petition,what action has Collier County Taken? We had a Pre-Application Conference on January 23, 2012. 12.Approximately how large is the land area proposed to be in the Falls of Portofmo CDD? The land area proposed by the Falls of Portofino CDD consists of approximately 68.39 Acres. 13.Who are the Owners of the proposed land to be included in the Falls of Portofino CDD? a. Prime Homes at Portofino Falls,LTD.,by The Falls of Portofino Builders,LLC., a Florida Limited Liability Company, its general partner. b. List of owners attached hereto as Exhibit B. 14.Have the Owners Provided and Affidavit of Ownership and Consent to the Creation of the Falls of Portofino CDD? Yes. 15.Does this conclude your testimony? Yes. 2 Packet Page-120- 9/9/2014 9.A. Larry Mayer Abb© 4651 Sheridan Street, Suite 480 Hollywood, Florida 33021 Telephone (954) 392-8788 #307 PROFESSIONAL EXPERIENCE 1997 to Present Prime Group,with divisions as Prime Homebuilders.Prime Commercial Developers, Prime Management Group.and Prime Hotel Group,(www.PrimeGroupUS.com) Chief Executive Officer/Senior Executive Vice President,General Contractor/Qualifier. All stages of project development and administration. In progress:Portofino Village,a 901 single and multi-family home community in Indian River County Florida;Portofino Village Commercial,a commercial project containing outparcels,hotel,and office/retail in Vero Beach,Florida;Portofino Landings,a 400 multi-family apartment home community in Fort Pierce,Florida; Portofino Court,a 300 multi-family home community in Port Saint Lucie Florida; Villa Portofino East,a 143 multi-family home community in Homestead,Florida; Portofino Plaza,a 90,000 SF retail&office building in Homestead,Florida; Portofino Professional Center,a 60,000 SF professional office building in Homestead,Florida;Hampton inn B.Suites,a 126 room hotel,Homestead,Florida; Portofino Parc,a commercial project of 13 acres;Portofino Falls,a 465 multi-family �� home community in Naples,Florida;Portofino Cove,a 270 multi-family apartment home community in Fort Myers,Florida;Portofino Springs,a 200 multi-family home community in Fort Myers,Florida.Portofino Vineyards,an 844 unit multi- family community containing a 312 multi-family apartment home community. Estates of Portofino,a 213 single-family community,Lakeland,Florida;Portofino Meadows,a 153 multi-family home community,Orlando,Florida;Portofino Vista,a 262 multi-family home community,Saint Cloud,Florida. Completed communities:Portofino Lakes,a 120 single family home community in Homestead,Florida;Portofino Oaks,a 92 single family community in Homestead, Florida;Portofino Pointe,a 105 single-family home community in Homestead, Florida;Portofino Palms,a 172 single-family home community in Homestead, Florida;Villa Portofino West,a 211 multi-family home community in Homestead, Florida;Villa Portofino Isles,a 764 single and multi family home community,Port Saint Lucie,Florida;Portofino Shores,a 519 single-family home community in Fort Pierce,Florida;Portofino Estates,a 130 single-family home community in Homestead,Florida;Portofino Bay,a 163 single-family home community in Homestead,Florida;Portofino North at Monarch Lakes,a 118 single-family home community in Miramar,Florida. ;Portofino South at Monarch Lakes,a 169 single- family home community in Miramar,Florida.Boynton Estates,a 40 home community in Boynton Beach,Florida;Conlen Residence,a 6,000 SF custom residence on the Intracoastal waterway,Highland Beach,Florida 1990 to 2000 Century Investors and Developers,Inc.,Executive Vice President,General • Contractor/Qualifier,project administrator in addition to construction financing and end-loan administrator. Completed projects include:Paradise Homes,a 35 single • family home community in Miami,Florida;Abbro Development,a 10 custom home community in Miami,Florida;The New Le Mirage,a 32 single family home community in Miami,Florida; lnterian Homes,4 luxury residences in Miami, Florida;Tamarind Grove,a 54 townhome/villa community within Miami,Florida; Packet Page-121- 9/9/2014 9.A. Larry Mayer Abbo Professional Resume Page 2 of 3 Mizner Village at Heron Bay,a 56 luxury home community in Coral Springs, Florida;Addison Court at Wyndham Lakes,a 166 townhome/villa community within Coral Springs,Florida.Various custom homes. 1993 to 1995 Sistemas Avazados de Construccion C.A.(Advanced Construction Systems,C.A.), Vice President with responsibilities including steel structure design and fabrication. estimating,bidding,and general administration. Completed jobs include:Costa Norte Offices,Punto Fijo,Venezuela;Provincial Bank of Costa Oriental,Venezuela; Custom Chalet,Bocono,Venezuela;Industrial eating facility within Pequiven Petrochemical Plant,El Tablazo,Costa Oriental,Venezuela;Bechtel Offices. Maracaibo,Venezuela. 1989 to 1993 AGL Construction&Development Coro.,Comptroller and Vice President.of Construction. General Contractor/Qualifier for construction activities. Responsibilities included:planning,permitting,budgeting,bidding procedures/execution,management of funds,cost accounting,construction supervision,customer care and relations,and coordinating of closings. Completed projects included:Boca Bella,a 60 townhome community within Boca Raton, Florida;Kids'R'Us shopping center,Coral Springs,Florida;Kidstop Early Learning Center,Boynton Beach,Florida. EDUCATION/QUALIFICATIONS 1998 State Certified Building Inspector. License#BN 0003358. 1996 Florida Energy Efficiency Code for Building Construction. • Class three rater. 1993 Goid Coast School of Real Estate,Boca Raton,Florida. Real Estate Broker. License#BK 0565477 1990 to 1995 Florida Atlantic University Major:Engineering 1993 to 1993 Universidad del Zuiia Major:Engineering 1992 Gold Coast School of Real Estate,Boca Raton,Florida. State Registered Appraiser. Registration#RI 0003148 1992 Contractors School,Pompano Beach,Florida_ State Certified Roofing Contractor. License#CCC 056654 1991 Contractors School,Pompano Beach,Florida. State Certified General Contractor. License P CGC 053496 1991 Southern Building Code Congress International,Inc.(SBCCI) Registered Building Inspector. Registration#4344 1990 Gold Coast School of Real Estate, Boca Raton,Florida. Mortgage Broker. License#HB 595409892 SP 1490 Gold Coast School of Real Estate,Boca Raton,Florida. Real Estate Salesperson. License#SL 0565477 Packet Page -122- 9/9/2014 9.A. Larry Mayer A bbo Professional Resume Page 3 of 3 PROFESSIONAL AFFILIATIONS • Southern Building Code Congress International,Inc.(SBCCI) • Florida National Association of Realtors • Builders Association of South Florida(BASF) • Latin Builders Association(LBA) • National Association of Home Builders • Realtor Association of Greater Fort Lauderdale • Realtor Association of Greater Fort Myers and The Beach Packet Page-123- 9/9/2014 9.A. BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO ESTABLISH FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT AFFIDAVIT ADOPTING WRITTEN, PRE-FILES TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, David R. Underhill, Jr., P.E., of Banks Engineering, 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 David R. Underhill, Jr., P.E., and I am a Registered Professional Engineer employed by Banks Engineering. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing, my oral answers would be the same as the written answers presented in my pre-filed testimony. 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 Falls of Portofino Community Development District, the truth Packet Page-124- 9/9/2014 9.A. 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. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 26th day of June, 2012. e /AfdV David R. Underhill, Jr., P.E. SWORN TO AND SUBSCRIBED before me by the Affiant, on this 26th day of June, 2012. r '1� / `t ;`�`es COMMISSION#DA Nt t Public•"ate of Flori•a ' EXPIRE.&Novembe '�:'7- r� ®ondod T ru Notary Publi— -- \Jell n i;-`6,/ m , She,9pcjd Name Personally Known Type of identification produced J r-. Packet Page-125- 9/9/2014 9.A. 1 TESTIMONY OF DAVID R. UNDERHILL, JR., P.E. ,"'N 2 3 4 1. Please state your name and business address. 5 6 My name is David R. Underhill, Jr., P.E.. My business address is 10511 Six Mile 7 Cypress Parkway, Suite 101,Fort Myers,Florida 33966. 8 9 2. By whom are you employed and in what capacity? 10 11 I am currently employed as a professional engineer with Banks Engineering and I am a 12 Vice President of Banks Engineering. 13 14 3. And what is the nature of your firm's business? 15 16 Banks Engineering provides engineering, survey/mapping, land planning and design 17 services to private developments and government clients. 18 19 4. Please describe your experience and credentials, including your current 20 employment. 21 22 I am a Registered Professional Engineer in the State of Florida with over 20 years of 23 engineering experience. 24 25 5. Please describe your professional background, with degrees earned, major areas of "0.6 study,year of degree, and institutions attended. 27 28 I graduated from the University of Florida with a Bachelor of (Civil Engineering) 29 Science Degree in 1988. 30 31 6. Do you hold any professional designations or certifications? 32 33 I am a Professional Engineer in the State of Florida, P.E. #47029. 34 35 7. Are you a member of any professional associations? 36 37 I am no longer an active member of any professional associations. 38 39 8. Prior to your current employment, by whom were you employed and in what 40 position? 41 I was employed as a Professional Engineer for Agnoli, Barber&Brundage. 42 9. Do you consider yourself an expert in civil engineering? 43 44 Yes. 45 46 10. Please describe your experience with civil engineering relating to community 47 development districts ("CDDs") and special districts. 1 Packet Page-126- 9/9/2014 9.A. 1 I have provided engineering services to several CDDs throughout my career. I currently 2 serve or have served as CDD Engineer for the Cedar Hammock CDD,Parklands West CDD ,^ 3 and the Lee Parklands CDD. 4 5 11. Do you consider yourself an expert in civil engineering, capable of rendering expert 6 opinions on CDDs,and specifically on infrastructure for CDD services? 7 8 Yes. 9 10 12. What has been your role with respect to the Petition to Establish ("Petition") Falls of 11 Portofino Community Development District("Falls of Portofino CDD)? 12 13 My firm has provided civil engineering and consultation services to the proposed CDD. 14 15 13. Are you familiar with the Petition filed to establish Falls of Portofino CDD? 16 17 I have reviewed the Petition and its attachments,and I am familiar with the materials. 18 19 14. Have you reviewed the contents of the Petition? 20 21 Yes. 22 23 15. Are there any changes or corrections to the Petition at this time? 24 25 No. 26 27 16. Are there any changes or corrections to any of the exhibits attached to the Petition at 28 this time? 29 30 No. 31 32 17. Are you generally familiar with the geographical areas,type, and scope of development 33 and the available services and facilities within Falls of Portofino CDD? 34 35 Yes. I am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am also 36 familiar with the services and facilities available within Falls of Portofino CDD. 37 38 18. Please provide us with a brief description of Falls of Portofino CDD boundaries and 39 location? 40 41 The proposed Falls of Portofino CDD is 68± acres, as described by the sketch contained in 42 the Petition. It is located approximately one(1)mile west of Collier Boulevard, immediately 43 north of Vanderbilt Beach Road and immediately west of the Island Walk DRI. 44 45 19. Please describe Exhibits "1" (i.e.,' location map), Exhibit "2" (sketch and metes and 46 bounds legal description of the boundaries of District); and "3A-3C" (i.e., map of the 47 proposed stormwater sewer interceptors and outfalls, map of proposed water mains 48 and force mains,and the map of the existing infrastructure) of the Petition. 49 50 51 52 2 Packet Page-127- 9/9/2014 9.A. 1 I have provided engineering services to several CDDs throughout my career. I currently n 2 serve or have served as CDD Engineer for the Cedar Hammock CDD, Parklands West 3 CDD and the Lee Parklands CDD. 4 11. Do you consider yourself an expert in civil engineering, capable of rendering expert 5 opinions on CDDs, and specifically on infrastructure for CDD services? 6 7 Yes. 8 9 12. What has been your role with respect to the Petition to Establish ("Petition") City 10 Gate Community Development District("Falls of Portofmo CDD")? 11 12 My firm has provided civil engineering and consultation services to the proposed CDD. 13 14 13. Are you familiar with the Petition filed to establish Falls of Portofino CDD? 15 16 I have reviewed the Petition and its attachments, and I am familiar with the materials. 17 18 14. Have you reviewed the contents of the Petition? 19 20 Yes. 21 22 15. Are there any changes or corrections to the Petition at this time? 23 24 No. ?6 16. Are there any changes or corrections to any of the exhibits attached to the Petition 27 at this time? 28 29 No. 30 31 17. Are you generally familiar with the geographical areas, type, and scope of 32 development and the available services and facilities within Falls of Portofino CDD? 33 34 Yes. I am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am 35 also familiar with the services and facilities available within Falls of Portofmo CDD. 36 37 38 18. Please provide us with a brief description of Falls of Portofino CDD boundaries and 39 location? 40 41 The proposed Falls of Portofino CDD is 68± acres, as described by the sketch contained 42 in the Petition. It is located approximately one (1) mile west of Collier Boulevard, 43 immediately north of Vanderbilt Beach Road and immediately west of the Island Walk 44 DRI. 45 46 19. Please describe Exhibit "1" (i.e., location map); Exhibit "2" (sketch and metes and 47 bounds legal description of the boundaries of District); and Exhibit "3A-3C" (i.e., 48 map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains, and the map of the existing infrastructure) of the 50 Petition. 2 • Packet Page-128- 9/9/2014 9.A. 1 Exhibit 1 shows the location of the CDD Area within Collier County. 2 3 Exhibit 2 - is a sketch of the 68± acres dated March 29, 2005, and describes lands to be 4 included in Falls of Portofino CDD. 5 6 Exhibit 3A-3C- are maps prepared by Banks Engineering, Inc. showing the master water 7 management plan, the conceptual master potable water distribution plan, and the 8 conceptual wastewater collection plan. 9 10 20. Are the contents of the Petition and the exhibits attached to it true and correct to 11 the best of your knowledge as of the date your prepared testimony is filed? 12 13 Yes. 14 15 Let me ask you a few questions about certain opinions you may have based on your experience 16 with CDDs, civil engineering, real estate development, and the development of lands within Falls 17 of Portofino CDD in particular. 18 19 21. Based on your experience, do you have an opinion as to whether the proposed Falls 20 of Portofino CDD is of sufficient size, sufficient compactness, and sufficient 21 contiguity to be developed as a functionally interrelated community? 22 23 Yes. 24 25 22. What is your opinion? 26 n 27 Based on my previous experience and review of the Petition and exhibits thereto, the 28 proposed Falls of Portofino CDD is of sufficient size, compactness and contiguity to be 29 developed as a functional interrelated community. 30 31 23. What is the basis for your opinion? 32 33 A "community" should be defined as a group of individuals who are linked by common 34 social, political or economic interest. Community governments provide people with 35 those facilities and services they desire to have in the community. These involve the 36 need for acceptable shelter and security for the welfare of the community as well as the 37 physical elements including the land uses, roads, park/open spaces and other public 38 facilities and services which lend comfort and convenience to the members of the 39 community. These elements relate to each other to make the community function. 40 41 From the planning perspective, the term "functional interrelated community", means that 42 each community function has mutual relationship to the other. Each function must be 43 designed to contribute to the development or maintenance of the larger whole, or as used 44 here, the community. Using the understanding outlined above of a "functional 45 interrelated community", I can determine whether the actual physical area of the District 46 would function to provide infrastructure to the proposed community development raises 47 any problems as to size,compactness or contiguity. 48 49 The size of the land area for the community development is approximately 68 acres. In 50 my opinion, the size is sufficient to accommodate the permitted land use and the 51 required, interrelated infrastructural facilities and services, and is therefore adequate to 3 Packet Page-129- 9/9/2014 9.A. 1 meet the intended purpose of the development. In addition, the size is sufficient to 2 operate as a community because it has been master planned to be efficient in land 3 utilization, to provide for all land uses necessary to be physically, and socially self 4 sustaining. 5 6 The term "compactness" is related to the closeness in distance between the lands within 7 the development. Having reviewed the District, I find that the development area within 8 The Falls of Portofino CDD is very compact and has no major obstacles separating the 9 land uses. In my opinion, therefore, the land area within the proposed community 10 development which the District would service is sufficiently compact to be a functional 11 interrelated community. 12 13 Contiguity is another spatial term which describes lands which are adjacent, where all 14 areas in actual contact or are separated by no more that a road or street. The land area 15 which will be serviced by The Falls of Portofino Community Development District is, I 16 believe, sufficiently contiguous to be a functional interrelated community and allows for 17 the efficient provision of infrastructural systems, facilities and services. 18 19 24. Based on your experience, do you have an opinion as to whether Falls of Portofino 20 CDD is the best alternative available to provide community development services 21 and facilities to the area that will be served? 22 23 Yes. 24 25 25. What is your opinion and the basis for it? 26 17 From a planning perspective there are three alternative ways to provide basic systems, 28 facilities and services to the community development on this property in Collier County. 29 The first is private, through developer managed improvements, separate private 30 infrastructural contractors, a private utility company, a homeowner association, or any 31 combination of these private means of providing community development services and 32 facilities along with related financing powers. The second alternative is public either 33 through County management and financing through dependent districts, or through 34 County management with financing by the use of County Municipal Service Taxing 35 Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third 36 alternative is also public but through the specialized but limited Community 37 Development District provided for by Chapter 190, Florida Statutes, which coincides 38 with both public and private interests and capabilities. 39 40 Planning considerations needed to determine the best alternative to deliver basic 41 infrastructure to community developments are the following: whether the alternative is 42 able to provide the highest quality systems, services and facilities; whether the 43 alternative is capable of delivering the facilities, system and services in a timely manner 44 when the community development service and facility demand occurs; whether the 45 alternative has a means of management to be responsive to the community development 46 over the long term; and whether the alternative could obtain and maintain long-term 47 financing to facilitate the management benefits. 48 49 The supply of infrastructure in advance of the impacts of the actual development, ^50 concurrency, is an importation consideration. In this regard, it is vital to have an 51 understanding of the community development infrastructure commitments during the 4 Packet Page-130- 9/9/2014 9.A. 1 master planning process to properly and efficiently phase the construction of the 2 community development facilities. This allows a full utilization of facilities before new 3 branches of these facilities are constructed. The statutory District reporting mandates 4 can be utilized by Collier County as a concurrency management mechanism to 5 implement applicable provisions (i.e., Future Land Use Element, Capital Improvement 6 Element, etc.), of its Growth Management Plan. The Community Development District 7 alternative means of providing community development systems, facilities and services 8 allows for a superior cooperative concurrency management program between the county 9 general purpose government and the District special purpose local government and the 10 private landowner and developer. 11 12 26. Based on your experience, do you have an opinion as to whether the services and 13 facilities to be provided by Falls of Portofmo CDD will be compatible with the uses 14 and existing local and regional facilities and services? 15 16 Yes. 17 18 27. What is your opinion and the basis for it? 19 20 I have reviewed the land area on which the District will be established to determine if 21 there are an regional systems, services or facilities which through their existence may be 22 problematic related to District functions, and found no such facilities. Therefore, no 23 problems would be created. 24 25 Further, by legislative mandate all actions and implementation of any or all of the 26 District powers are governed by and must not inconsistent with Collier County's 27 Comprehensive Plan. This insures compliance with Collier County land development 28 regulations and concurrency requirements. 29 30 28. Based on your experience, do you have an opinion as to whether the area to be 31 included within Falls of Portofino CDD is amenable to being served by a separate 32 special district government? 33 34 Yes, I do. It is my opinion that the area designated to be included in Falls of Portofino 35 CDD is amenable to continued existence as a separate special district government. 36 37 29. What is the basis for your opinions? 38 39 I have reviewed information about the District from this perspective and have 40 determined that the terminology "separate special district-governance" means 41 governance, established by law through petition and votes by the Board of County 42 Commissioners, with limited infrastructure management special functions and related 43 powers to levy taxes to special assessments and issue bonds within a legally defined 44 geographical area. The District, if established, would be a special district government. 45 The term "amenable" can be defined to be an appropriateness for accountability, or 46 responsive. 47 48 Having determined that the land area is of sufficient size, and is sufficiently compact and 49 sufficiently contiguous to be functional as an interrelated community, I then considered 50 whether that land area is also amenable to being governed by the Community 51 Development District as set forth in its uniform charter to Section 190.006 through 5 Packet Page-131- 9/9/2014 9.A. 1 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the n 2 District of any and all of its special powers in that charter. 3 4 In my opinion, the land area for the District is amenable to special district governance 5 because the land area proposed to be established as a District has the need for the 6 services and would benefit from the facilities that the special district would provide and 7 though my previous findings, the land area is sufficient size, sufficiently compact and 8 contiguous to be a functional interrelated community. 9 10 30. Turning now to the state and local comprehensive plan criteria of Section 11 190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of 12 Portofino CDD is inconsistent with any applicable element or portion of the State 13 Comprehensive PIan? 14 15 Yes. 16 17 31. What is your opinion? 18 19 It is my opinion that the establishment of Falls of Portofino CDD is not inconsistent with 20 any applicable element or portion of the state comprehensive plan. 21 22 32. What is the basis for that opinion? 23 24 I have reviewed, from a planning perspective,the State Comprehensive Plan,particularly 25 those portions which relate to CDDs. The State of Florida Comprehensive Plan(Chapter ^26 187, Florida Statutes) "provides long-range policy guidance for the orderly social, 27 economic, and physical growth of the state." From a planning perspective, four subjects, 28 subject 15, 20, 25, and 17 of the State Comprehensive Plan are relevant to the 29 establishment of a CDD. 30 31 33. What is Subject 15 and why is it relevant? 32 33 Subject 15, entitled Land Use, recognizes the importance of locating development in 34 areas that have the fiscal abilities and service capacity to accommodate growth in an 35 environmental acceptable manner. It is relevant because CDDs are designed to provide 36 infrastructure services and facilities in a fiscally responsible manner to the areas which 37 can accommodate development. The establishment of Falls of Portofino CDD will not 38 be inconsistent with this goal because Falls of Portofino CDD will have the fiscal 39 capability to provide the specified services and facilities within its boundaries. 40 41 Some environmentally sensitive areas are located within the CDD area. These wetland 42 areas are mostly being preserved and enhanced and incorporated into the development 43 plan to help protect natural resources,water supply and wildlife habitat. 44 45 34. What is Subject 20 and why is it relevant? 46 47 Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides 48 that governments shall economically and efficiently provide the amount and quality of 49 services required by the public. The proposed Falls of Portofino CDD will be consistent ^50 with this element because the proposed Falls of Portofino CDD will continue to: .51 6 Packet Page-132- 9/9/2014 9.A. 1 (i) cooperate with other levels of Florida government; 2 3 (u) be established under uniform general law standards as specified in 4 Chapter 190, Florida Statutes; 5 6 (iii) be professionally managed, financed, and governed by those whose 7 property directly receives the benefits; 8 9 (iv) not burden the general taxpayer with costs for services or facilities inside 10 Falls of Portofino CDD; and 11 12 (v) plan and implement cost efficient solutions for the needed public 13 infrastructure and assure delivery of selected services to residents. 14 15 35. You also mentioned Subject 25. What is this and why is it relevant? 16 17 This subject calls for systematic planning capabilities to be integrated into all levels of 18 government throughout the state, with particular emphasis on improving 19 intergovernmental coordination and maximizing citizen involvement. The proposed 20 Falls of Portofino CDD will be consistent with this element of the State Comprehensive 21 Plan because: 22 23 (i) the proposed Falls of Portofino CDD will systematically plan for the 24 construction, operation and maintenance of the public improvements and 25 the community facilities authorized under Chapter 190, Florida Statutes, 26 subject to and not inconsistent with the local government comprehensive n 27 plan and development regulations; 28 29 (ii) Falls of Portofino CDD meetings are publicly advertised and are open to 30 the public so that all Falls of Portofino CDD property owners and 31 residents can be involved in planning for improvements. The CDD 32 maximizes citizen involvement and planning of services needed and 33 provided within the District. 34 35 (iii) Florida Statutes, requires Falls of Portofino CDD to file and update 36 public facilities reports with the County, which it may rely upon in any 37 revisions to the local comprehensive plan. These reporting requirements 38 comply with the monitoring and enforcement requirements of the State 39 Comprehensive Plan. 40 41 36. Are there any other subjects within the State Comprehensive Plan which are 42 relevant? 43 44 Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 45 relate to (i) protecting investments in existing public facilities; (ii) providing financing 46 for new facilities, (iii) allocating the costs of new public facilities on the basis of the 47 benefits received by future residents; (iv) implementing innovative but fiscally sound 48 techniques for financing public facilities; and (v) identifying and using stable revenue 49 sources for financing public facilities. In my opinion the Falls of Portofino complies 50 with the goals and policies of Subject 17. 51 7 Packet Page -133- 9/9/2014 9.A. 1 37. Do you have an opinion, as someone with expertise in planning, as to whether the 2 establishment of Falls of Portofino CDD is inconsistent with any applicable element 3 or portion of the Collier County Comprehensive Plan? 4 5 Yes. 6 7 38. What is that opinion? 8 9 The establishment of Falls of Portofino CDD is not inconsistent with any applicable 10 element or portion of the Collier County Comprehensive Plan. 11 12 Chapter 190, Florida Statutes,prohibits any community development district from acting 13 in a way inconsistent with the local government's comprehensive plan, and the 14 exercising of any power must be done with the comprehensive plan in mind. Thus, any 15 activities of the CDD must be in compliance with County procedures and the use of 16 those powers granted to the CDD does not make it inconsistent with the local Collier 17 County Comprehensive Plan. I have examined the Future Land Use Element(FLUE) of 18 the Collier County Plan and the proposed land uses within the proposed CDD are 19 consistent with the authorized uses contained in the FLUE. Furthermore, the 20 development within the Falls of Portofino is subject to local zoning ordinances and 21 development approvals which further assure compliance with local Comprehensive Plan 22 requirements. 23 24 39. Does this conclude your testimony? 25 26 Yes. 8 Packet Page-134- 9/9/2014 9.A. BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO ESTABLISH THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT AFFIDAVIT.ADOPTION WRIT l'EN,PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF BROWARD I,Richard Hans,Vice President of Governmental Management Services,a Florida corporation, its general partner,being duly sworn,do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit 2. My name is Richard Hans and I am Vice President of Governmental Management Services,a Florida corporation,its general partner. 3. The prepared,written,pre-filed testimony,submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District,and attached hereto, is true and correct 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing on ,2012,my oral answers would be the same as the written answers presented in my pre-filed testimony. 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District,the truth and accuracy of the Petition to establish the proposed District,and compliance with the factors to be considered in the establishment of a community development district. 1 Packet Page-135- 9/9/2014 9.A. Under penalties of perjury,I declare 111;4.1 have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executive this 12 day of .,J(;,r /%t/ ,2012 by Richard Hans,its general partner, By / r Fdchard Hans, SWORN TO and SUBSCRIBED before me by the Affiant,on this /7 ,day of t4 iy ,2012 rill.� it{ MY COMMISSION#D 794302 /,f 3! EXPIRES;Octobers 2012 i'" know ThruNomryPuWboUneenwkar, ---_ Noiary` ui gtate"of5 Typed Name of Notary Public Personally Known Type Identification produced 2 Packet Page -136- 9/9/2014 9.A. TESTIMONY OF RICHARD HANS 1. Please state your name and business address. ' • Richard Hans, 5385 N Nob Hill Road, Sunrise FL 33351 2. By whom are you employed and in what capacity? Governmental Management Services-South Florida,LLC Managing Member 3. And what is the nature of your firm's business? Providing management and consultant services to Community Development Districts. 4. Please describe your experience and credentials, including your current employment. I am currently employed by Governmental Management Services-South Florida, LLC. I have been involved in all aspects of managing Community Development Districts over the past twelve years; I have provided accounting services, field management and administrate management services, acted as special assessment administrator, and methodology consultant. I have been Secretary/Assistant Secretary for over 100 community development districts. 5. Please describe your educational background,with degrees earned, major areas of study,year of degree, and institutions attended. I received my Bachelor of Science degree in Natural resource Management from Rutgers University in 1984. I earned my Master of Science degree in Forest Biometrics from Virginia Tech University in 1986. 6. Do you hold any professional designations or certifications? No 7. Are you a member of any professional associations? Florida Association of Special Districts 8. Prior to your current employment, by whom were you employed and in what position? Severn Trent Environmental Services,Inc.—District Manager 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Regulatory Costs ("SERC")? Yes. I have prepared the Statement of Regulatory Costs for numerous Community Development Districts. 10. Have you ever been qualified as an expert in the preparation of such testimony regarding Community Development Districts? Yes, most resently for the Tesoro Community Development District established by 1 Packet Page-137- 9/9/2014 9.A. the Florida Land and Water Adjudicatory Commission. 11. Please summarize your previous work experience relating to CDDs and special districts in general. See question 4 12. Where in Florida are the districts with which you have worked? I currently manage Districts in Collier,Lee,Miami Dade,Broward,Palm Beach and St.Lucie County. I have certified the non ad valorem assessment roll and served as Secretary/Assistant secretary for Districts in Brevard,Charlotte,Clay, Flagler, Hillsborough,Lake,Leon,Manatee, Orange,Osceola,Pasco,Polk Sarasota,and St. Johns Counties 13. Please list the proceedings in which you have been qualified as an expert.witness regarding the establishment (including contractions and/or additions to) of CDDs and the operation and management of CDDs I have acted as an expert witness in the bond validation process for Copper Oaks CDD, Orchid Grove CDD,Monterra CDD,East Homestead CDD,Vizcaya in Kendall CDD, Stonegate CDD, South Kendall, and Portofino Isles CDD 14. Do you consider yourself an expert in economic analysis and forecasting in regard to CDDs? Yes,I consider myself an expert in the economic analysis of CDDs. 15. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Falls of Portofino CDD? Yes. 16. Are you familiar with the Petition filed to establish the Falls of Portofino CDD? Yes. 17. What has been your role with respect to the Petition to Establish ("Petition") Falls of Portofino Community Development District("Falls of Portofino CDD)? I have prepared the SERC 18. Please generally describe each of the exhibits attached to the Petition. Exhibit 1 —Location Map Exhibit 2—Legal Description Exhibit 3—Landowner consent Exhibit 4—Existing land uses map for lands within and abutting the proposed District. Exhibit 5—Proposed land uses within the District Exhibit 6—Proposed development plan for the property within the District Exhibit 7—Existing major water mains and sewer connections, along with major outfall canals and drainage systems for lands within the proposed District Exhibit 8-Services and facilities to be provided by the District Exhibit 9—Time table to construct the District facilities Exhibit 10—Statement of Estimated Regulatory Costs.' 2 Packet Page-138- 9/9/2014 9.A. 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. 20. Why is Falls of Portofino petitioning for an ordinance to establish the Falls of Portofmo CDD? Forming a community development district to deliver community development services and facilities is the best alternative available: Only the residents of the District and no one outside the boundaries of the district will be financially impacted. The District will also provide a perpetual entity to provide for the ongoing operations and maintenance of the facilities providing for a higher level of service to the residents than may otherwise be available. Let me ask you a few questions about certain opinions you may have based on your experience in CDD management, real estate development and the development of lands within the Falls of Portofino CDD in particular 21. Based on your experience in CDD management, do you have an opinion as to whether the proposed Falls of Portofino CDD is of sufficient size,sufficient compactness,and sufficient contiguity to be developed as a functionally interrelated community? Yes 22. What is the basis for your opinion? Previous experience. 23. Based on your experience, do you have an opinion as to whether Falls of Portofmo CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 24. What is your opinion and the basis for it? The development of the land within the CDD will require the construction of substantial public infrastructure improvements and the ongoing maintenance of these improvements. The CDD is authorized by Chapter 190, Florida Statutes to plan, finance, construct, operate and maintain community-wide infrastructure. The CDD can access the tax-exempt public capital markets and finance the improvements at a lower cost than through developer funding. The District also has the ability to assess the property within the District providing for the ability to fund large capital improvement projects that other entities could not. The District's ability to collect its funds through special assessments collected on the Collier County Property Tax Bill assures a reliable revenue source for the ongoing maintenance of the District. This provides for the CDD to be more effective than an HOA in maintaining the improvements. The CDD Board is controlled by the 3 Packet Page-139- 9/9/2014 9.A. landowners and eventually the residents, so the residents can determine the level of service to be performed. A CDD is a local unit of government which operates under the Sunshine Laws and must follow specific guidelines. This local control and oversight would make the CDD a more appropriate entity to provide the community • development services,than even the general purpose government which needs to deal with a variety of other issues. The reason stated above; lower financing cost due to access to the tax exempt market, a consistent revenue source by the CDD's ability to utilize the services of the Collier County Tax Collector, District residents having control, removing the burden from general purpose government are all important reasons as to why a CDD is the best alternative to provide community development services and facilities. • 25. Based on your experience,do you have an opinion as to whether the services and facilities to be provided by Falls of Portofino CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 26. What is your opinion and the basis for it? The services are compatible and do not duplicate any available regional service or facilities. The infrastructure services and facilities are required by development agreements governing the property. 27. Based on your experience, do you have an opinion as to whether the area to be included within Falls of Portofino CDD is amenable to being served by a separate special district government? Yes 28. What is the basis for your opinions? The size and compactness of the land to be included in the CDD lend itself well to being serviced by a separate special district government. The District's scope is - limited in the services and facilities it can provide and it does not compete with the local government. Turning to the economic exhibits and opinions,we will begin addressing portion of the Petition to Establish the Falls of Portofino CDD boundaries that relate to certain economic analysis matters, including the exhibits and your expert opinions on economic analysis issues. 29. Are you familiar with the S.E.R.C.? Yes. 30. How familiar? I prepared the SERC in accordance with statutory requirements 31. Are there any corrections required? No. 4 Packet Page-140- 9/9/2014 9.A. 32. In general terms,please summarize the economic analysis you have presented in the SERC. Following the requirement of F.S. 120120.541 (2), all required analysis has been performed. A good faith estimate of the number of individual or entities required to conform to the rule, and a good faith estimate of the cost to local and state government to enforce the rule.and the affect on local and state revenues has been presented. It was found the processing costs are minimal and will be offset by the filing fee and there will no negative impact on state and local revenues. The facilities being provided are outlined and a good faith estimate of the cost to provide these facilities along with the entities which will be incurring the cost is also presented. Finally, an analysis on the impact on small businesses is provided There will be no adverse affect on small businesses. Collier County is not considered a small county, therefore a analysis for the impact on the county is not required. 33. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. 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. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? 34. What is your opinion? • It is my opinion that the establishment of Falls of Portofino is not inconsistent with any applicable element or portion of the state comprehensive plan. 35. What is the basis for that opinion? I have reviewed the 25 specific goals and policies of the State Comprehensive Plan, (Chapter 187, Florida Statutes) and did not find any inconsistency the establishment of the CDD would have the goals and policies of the plan. 5 Packet Page -141- 9/9/2014 9.A. 36. 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 CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The Falls of Portofino CDD will have fiscal capability to provide the specified services and facilities within its boundaries. 37. 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 Falls of Portofino CDD will be consistent with this element because the proposed Falls of Portofino 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 Falls of Portofino CDD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 38. What is Subject 25 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 Falls of Portofino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino 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) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and 6 Packet Page-142- 9/9/2014 9.A. residents can be involved in planning for improvements; (iii) Section 189.415, Florida Statutes, requires Falls of Portofino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. 39. 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 for planning and 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. . 40. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 41. What is that opinion? • The establishment of Falls of Portofino CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. 42. What is the bassi 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 43. Does this conclude your testimony? Yes. 7 Packet Page-143- 9/9/2014 9.A. NAPLES DAILY NEWS (( Wednesday,August 6,2014 SA • PUBLIC NOTICE PUBLIC-NOTICE PUBLIC NOTICE: NOTICE OF U�LIC HEART G Jr The Board of County Commissioners of Collier' ounty,Florida(the"Board")hereby gives notice to the citizens of Collier County that a public hearing' all 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 Building (Bldg "F") Collier County Government Center, 3299 Tamiami Trail, East, Naples, Florida,on Tuesday,September 09,2014. The subject of the Public Hearing is consideration by the Board of a petition filed by Prime Home at.Portofino Falls,LTD,a Florida Limited Partnership,for the establishment of a Community Development District(CDD)form of special purpose local government to be known as The Falls of Portofino Community Development District(COD) by Collier County Ordinance 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 entirely within Collier County, Florida, located on the north side Vanderbilt Beach Road(C.R.862).The proposed district covers approximately 68.39 t acres of land. • The site is located in Sections 34,Township 48 South,Range 26 East,as depicted below. • 1 1e ..ate. ms 5 lanai� PROJECT > LO CAT ION •,'e GOL"E"...1E swL,Oiel Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency, comprehensive planning,and development permitting. On October 26,2012,Gerald L.Knight,Vice President,its General Partner,officially submitted and filed its CDD petition to Collier County,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(2)(b)(C), Florida Statutes,in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Gerald L. Knight, Vice President,to the six factors listed in Section 190.005(1)(e),Florida Statutes,and determine whether Collier County will establish the Falls of Portofino Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences 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 the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations,is available for review.Copies of the proposed ORDINANCE,and including the petition, which contains the legal description of the real property to be serviced by the proposed district will be • made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section, 2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401,Naples,one week prior to the scheduled hearing.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 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. August 6,August 13,and August 20,2014 • Falls of Portofino,Community Development District Gerald L.Knight,Vice President Prime Homes at Portofino Falls,LTD,a Florida Limited Partnership BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA-TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK-By: Ann Jennejohn-Clerk(SEAL) . No.231130920 August 6.13,20,2014 Packet Page-144- 9/9/2014 9.A. . 14A » Wednesday,August 13,2014 » NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING ' '` -' 4 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 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 Building (Bldg "F") Collier County Government Center, 3299 Tamiami Trail, East, Naples, Florida, on Tuesday,September 09,2014. The subject of the Public Hearing is consideration by the Board of a petition filed by Prime Home at Portofino Falls,LTD,a Florida Limited Partnership,for the establishment of a Community Development District(CDD)form of special purpose local government to be known as The Falls of Portofino Community Development District(CDD) by Collier County Ordinance 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 entirely within Collier County, Florida, located on the north side Vanderbilt Beach Road(C.R.862).The proposed district covers approximately 68.39±acres of land. The site is located in Sections 34,Township 48 South,Range 26 East,as depicted below, \. I :I - Q1--,, 0-, „p PROJECT -, ''� pp—1`-" LOCATION ERnt.13..RCMP I�� . a.R '° • mxR a i aum I ! ro 3 ,..... ,.., . u... '° ,.... Such community development district special purpose government Is a way to provide infrastructure �..,,, subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and. services which may be required of any such development consistent with principles of concurrency, comprehensive planning,and development permitting. On October 26,2012,Gerald L.Knight,Vice President,its General Partner,officially submitted and filed its CDD petition to Collier County,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(2)(b)(c), Florida Statutes,in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Gerald L Knight,Vice President,to the six factors listed in'Section 190.005(1)(e),Florida Statutes,and determine whether Collier County will establish the Falls of Portofo - Community Development District by adoption of an ordinance. n According to the Petition, at least four categories of persons may be affected by.the-ecdndmiC consequences 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;the. future property owners. - ,;r A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations,is available for review.Copies of the proposed ORDINANCE,and including the petition, which contains the legal description of the real property to be serviced by the proposed district will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section, 2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401,Naples,one week prior to the scheduled hearing.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 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. August 6,August 13,and August 20,2014 Falls of Portofino,Community Development District 1 i Gerald L.Knight,Vice President Prime Homes at Portofino Falls,LTD,a Florida Limited Partnership BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY FLORIDA-TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK-By: Ann Jennejohn-Clerk(SEAL) .. No.231130920 Packet Pa.e-145- August 6.13,20.2014 ' i 9/9/2014 9.A. NAPLES DAILY NEWS'(Wednesday,August 20,2014«13A PUBLIC NOTICE PUBLIC NOTICE :' P LIC NOTICE NOTICE Or P' B Y " t u i t, : The Board of County Commissioners of Collier County,Florfds(the"Board7heperrj gNee not1c to title.:: citizens of Collier County that a public hearing shall be conducted'h accordance With the requirements'' and procedures of Section-190.005,Florida Statutes`at 900 am.,in the;Commission Board jioorrl, , 3rd Floor W Harmon Turner Building (Bldg:"F")Collier Count Government Oeritterr 3209.:Targiar,';. Trail,East,Naples,Florida,on Tuesday,September,09,•2014-.The-subjecf of the Public Hearing ' i consideration by the Board of a petition filed by Prime Home at Portofino Falls LTD,.a Florida UmRed.4 Partnership,for the establishment of a Community Development District.(CPD)fomrof special?purpose ,-. • local government W.be known as The Falls of Portofino Community Development District,(CDD)by' Collier.County Ordinance pursuant to Section 190.005(2),Florida:Statutes The dtsltdo enment,`"i would serve an area of land in Collier County generally described as,follows, ' r ' The proposed District is iodated entirely within.Collier County, Florida,'located•on'the.!north side. Vanderbilt Beach Road(C.R.862).The`proposed•district covers•,app'oximately 68.39±actes The site is located in Sections 34,•Townahip 48 South,Range 26.East,as depicted below. • "nnr "rurtla Ip .� PROJECT • j©�� LOCATION •�' i wa vAnm."w*crr ww t • �.:. 1s .,, Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing • • the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency, comprehensive planning,and development permitting. On October 26,2012,Gerald L.Knight,Vice President,its General Partner,officially subrriltted and filed its CDD petition to Collier County,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(2)(b)(c), Florida Statutes,in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Gerald L Knight,Vice President,to the six factors listed in Section.: 190.005(1)(e),Florida Statutes,and determine whether Collier County will establish the Falls of Portofino Community Development District by adoption of an ordinance. • '.. According to the Petition, at least four categories of persons may be affected.by the economib consequences of the proposed district establishment:State of Florida and its citizens(modest or very,.: C small); Collier County and its citizens(modest or very small);the present propertyaowners;and the: future property owners: • A copy of the full text of the Petitioner's statement of estimated regulatory costs inaccordanc9 with the requirements of Section 120.541,Floridastatutes,including an explanation of Its computations and determinations,is available for review.Copies of the proposed ORDINANCE,and including the petitions which contains the legal description of the real property to be serviced bythe proposed district will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section, 2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. • Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,. Fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401,Naples,one week prior to the scheduled heating.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 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 testimonyand evidence upon which the appeal is to be based. ' • August 6„August 13,and August 20,2014 Falls of,Portofino,Community Development District' • Gerald L Knight,Vice President Prime Homes at Portofino Falls,LTD;a Florida Limited Partnership BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA-TOM HENNING;CHAIRMAN • DWIGHT E.BROCK,CLERK-By: Ann Jennejohn-Clerk(SEAL) , , No,231130920 • Aui :T3 20.2014 Packet Page -146- 9/9/2014 9.A. NAPLES DAILY NEWS a Wednesday,August 27,2014 19A , . • • • . . . . . . . . . • PUBLIC NOTICE PUBLIC NOTICE •• •`• PUBLIC NOTICE,1,1"- :• . . NOTICE. OF PUBLIC.HEARING • NOTICE OF INTENT TO CONSIDER AN ORDINANCE ; . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT LOCATED ON VANDERBILT ROAD IN UNINCORPORATED COWER COUNTY AND CONTAINING APPROXIMATELY 68.39 ACRES;PROVIDING FOR THE AUTHORITY FOR ORDINANCE; • ' • . PROVIDING FOR THE ESTABLISHMENT OF BOUNDARIES OF THE FALLS OF PORTOFINO COMMUNITY . DEVELOPMENT DISTRICT;PROVIDING FOR THE DISTRICT NAME;PROVIDING FOR THE DESIGNATION OF INITIAL . •BOARD MEMBERS;PROVIDING FOR THE STATUTORY PROVISIONS GOVERNING THE'DISTRICT;PROVIDING FOR THE CONSENT TO SPECIAL POWERS;PROVIDING FOR PETITIONER'S COMMITMENTS;PROVIDING FOR ASSUMPTION OF DEVELOPER COMMITMENTS;PROVIDING FOR CONFLICT AND SEVERABIUTY;PROVIDING . , • FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE 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 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 Building(Bldg"F")Collier County . Government Center,3299 Tamiami Trail,East,Naples,Florida,on Tuesday,September 09,2014.The subject of the Public Hearing is consideration by the Board of a petition filed by Prime Home at Portofino Falls,LTD,a Florida Limited•Partnership, • for the establishment of a Community Development District(COD)form of special purpose local government to be known as • The Falls of Portofino Community Development District(CDD)by Collier County Ordinance 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 entirely within Collier County,Florida,located on the north side Vanderbilt Beach Road (C.R.862).The proposed district covers approximately 68.39 t acres of land.The sitels located in Sections 34,Township • , 48 South,Range 26 East,as depicted below.' " . . • , _.3 I — :r.r.&' • • , gam. van mos una .. • • • •W.HnItIri • . , • •. , 34 P/12111 coogriON. •• . ' . • . VAICOMILT Mal NOM ' • • . • . •. '4" • •• • • • • ...• - • " ..• Such community,development distr;ct special purpose government Is a way to provide infrastructure subject to the ' regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing,the planning;'Implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any'aUch-development consistent • • with principles of concurrency,comprehensive planning,and development permitting: • . , ,• • . ' . . . . . , On October 26,2012,Gerald LKnight,Vice President,its General Partner,officially submitted and filed ita CDtipetition to Collier County,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(2XbXc),Florida Statutes,in conducting this • Public Hearing.The purpose of this hearing is to consider the relationship of the petition as submitted by Gerald L Knight, •.• Vice President,to the six factors listed in Section 190.005(1Xe),Florida Statutes,and determine Whether,CoNier County will . , •', . establish the Falls of Portofino Community Development District by adoption of an ordinance:. . • Acdording to the Petition,at least four categories of persons may be affected by the'economic consequences of the • proposed district establishment:State of Floridaind its citizens(modest or very small);Collier County and its citizens • (modest or very small) the present property owners*,and the future property owners, A copy of the full text of the Petitioner's statement of estimated regiiata4icotite in accordance with the tiqUirements of Section 120.541,Florida Statutes,including an explanation of its computations'and deterrriinations,is available for • review.Copies Of the proposed ORDINANCE,and including the petition,which contains,the legal descriptiOn of the real property to be serviced by the proposed district will be made available for inspection at the Planning&Zoning Department, . • • - Comprehensive Planning Section,2800 N.Horseshoe Dr.,.Naples,between the hours of 8:00 A.M.and 5:00 RM.,Monday • ,.through Friday.Furthermore the materials will be made available for Inspection at the Collier County Clerk's Office,Fourth .. ' Floor,Collier County Government Center,3299 Tamiarni Trail East,State 401,Naples,one week prior to the scheduled, ' hearing.All interested persons are invited to attend. `"' • • . ' . If a person decides to appeal,any decision mad by the Board of County Commissioners 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. -• • August 27,2014 - • • ' • • Falls of Portofino,Community Development District• •, Gerald L Knight,Vice President , . • Prime Homes at Portofino Falls,LTD,a Florida Limited Partnership . • • BOARD OF COUNTY COMMISSIONERS-COWER COUNTY,FLORIDA - • • " • . TOM HENNING,CHAIRMAN ••By:-Ann Jennejohn,Deputy Clerk (SEAL) • . • • n'• • - .•No.231130923 ' • August 27.2014 .. ••• • Packet Page-147- . •