Agenda 03/10/2020 Item #17D (Ordinance - Establishing Enbrook CDD)03/10/2020
EXECUTIVE SUMMARY
Recommendation to consider adoption of an Ordinance establishing the Enbrook Community
Development District (CDD) pursuant to Section 190.005(2), Florida Statutes.
OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the
establishment of the Enbrook CDD by adoption of an ordinance.
BACKGROUND: The Enbrook Residential Planned Unit Development (RPUD) Ordinance, approved by
Collier County on January 14, 2020, per Ordinance No. 2020-06, consists of 65.88±acres and
encompasses the entire land area of the proposed Enbrook CDD.
CONSIDERATIONS: The proposed District is located on the south side of Manatee Road and
approximately ¼ mile east of Collier Boulevard (SR 951), in Section 10, Township 51 South, Range 26
East, Collier County, Florida, consisting of 65.8+ acres of land. A map showing the location of the land
area to be serviced by the District including the metes and bounds legal description of the proposed CDD,
appears as Exhibit “1A” to the petition, is provided as “Attachment A” to this Executive Summary, and is
also attached as Exhibit “A” to the proposed CDD Ordinance.
On November 12, 2019, Jere Earlywine of Hopping Green and Sam’s, PA, on behalf of DR Horton, Inc.,
a Delaware Corporation (the “Petitioner”), submitted a petition to the Growth Management Department,
Zoning Division, Comprehensive Planning Section, requesting the establishment of the Enbrook
Community Development District in order to manage and finance certain basic i nfrastructure for the
benefit of the landowners and residents of the Enbrook PUD. The statutorily required $15,000
application fee was submitted with the petition.
The proposed CDD includes an area planned for approximately 526 Multi-family, two family attached
and townhouse residential dwelling units or 265 single-family residential dwelling units and amenities on
65.8+ acres. As of the date of the first of four advertisements required for the establishment of this CDD,
no PUD amendment petition for this project has been filed with Collier County.
By adopting the ordinance and granting the petition the Board would authorize the District, through its
Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners
and residents of the Enbrook Development. This infrastructure, under section 190.012(1), Florida
Statutes, includes basic urban systems, facilities and services, including water supply, sewers and
wastewater management, surface water control and management (drainage), and roads, bridges and street
lights. If adopted this ordinance would consent to the further exercise of certain additional special powers
authorized by Section 190.012(2), Florida Statutes, to plan, establish, acquire, construct, reconstruct,
enlarge or extend, equip, operate and maintain systems and facilities for security, including, but not
limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars,
provided however that the District may not exercise any police power, but may contract with the
appropriate local general purpose government agencies for an increased level of such services within the
District boundaries.
The petitioner shall commit to providing disclosure to purchasers, acknowledging the CDD may levy and
impose special assessment. The final assessment amounts will be market driven, and will be based on
market acceptance, the amount of bonds ultimately issued, and the amount of the bonds paid down by the
developer at closings. No exact amounts are determinable at this time, and will not be until the bonds are
issued, as much as a year or more after the District is established.
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The District Board of Supervisors is initially elected in a property -based election (one-acre, one-vote),
which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community
Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, after six (6) years of duration and
at least 250 registered electors residing within the District, the Supervisors are elected on a one-person,
one-vote basis by such registered electors.
In order to provide the basic systems, facilities and services, the District has certain management and
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.
To provide these systems, facilities and services, the District also is given certain eminent domain powers,
within tight constraints, as well as the authority to require service charges, fees or taxes for the various
services rendered, ranging from installation of capital facilities to long-term maintenance and repair.
Without the County's consent, the aforementioned eminent domain power is limited to the boundaries of
the District.
Accordingly, if Collier County adopts the ordinance, then it establishes the Enbrook 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 at any time during its
existence Collier County determines by a non-emergency ordinance that it can provide any one of the
District services in a more economical manner, over the long term, at lower cost but with higher quality,
Collier County may then take that service away from the District and provide the service itself.
Additionally, within five (5) years after the effective date of the Ordinance establishing the District, if a
landowner has not received a development permit as defined in Chapter 380, Florida Statutes, on some
part or all of the area encompassed by the District, it will automatically be disbanded by state law. Also,
if the District becomes inactive pursuant to section 189.062, Florida Statutes, Collier County shall be
informed of such occurrence and shall take appropriate action which may include the dissolution of the
District. Finally, if the District has no outstanding financial obligations and no operating or maintenance
responsibilities, upon petition of the District, Collier County may determine by a non-emergency
ordinance to dissolve the District.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a
CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the
specific content required in the petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the establishment of a
CDD, as follows:
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the creation of the District is inconsistent with any applicable element or portion of
the state comprehensive plan or of the effective local government comprehensive plan.
3. Whether the area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
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community.
4. Whether the District is the best alternative available for delivering community
development services and facilities to the area that will be served by the District.
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the District is amenable to separate special-
District government.
County legal and planning staff have reviewed the petition and exhibits submitted by the petitioner
(attached) relative to these six (6) factors and have found the proposed Enbrook CDD petition to be
compliant with each of the review factors. Staff analysis relative to the six factors can be found in
Attachment 2.
FISCAL IMPACT: Exhibit "6" of the petition, "Statement of Estimated Regulatory Costs for Enbrook
Community Development District" delineates the fiscal impacts and timing of impacts to be managed by
the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the
CDD is $3,631,170.87 consisting of roadway and utilities construction, earthwork and construction of the
water management system, and design and permitting work.
DISTRICT RESPONSIBILITIES: According to the petition, if the ordinance is adopted the Enbrook
Community Development District will assume responsibility for the construction of the following:
Earthwork, Wastewater System, Water Supply System, Surface Water Management, Roads and Paving,
Landscape & Irrigation, Entrance Features, Fences & Gates, and Other (sidewalks).
“SECTION SEVEN” PETITIONER’S COMMITMENTS: The adoption of this Ordinance is
predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner’s
Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one
resident of the District to the five member Board of Supervisors at such time as residents begin occupying
homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions
of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded
immediately after any such bond issuance. 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 65.8+ acres of the Enbrook CDD are designated Urban
Mixed-Use District, Urban Coastal Fringe Subdistrict, and are within the Coastal High Hazard Area
Overlay, all as depicted on the Collier County Future Land Use Map. Although the establishment of this
District does not constitute any development approval, the plan of development previously approved for
the subject property (Enbrook Residential Planned Unit Development) has been determined to be
consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions
for rezone or development permits will be subsequently reviewed at the time of submittal and will be
subject to the requirements and limitations specified in the Collier County Land Development Code
(LDC) and will be required to be consistent with the GMP in effect at that time.
LEGAL CONSIDERATIONS: This item is authorized under Section 190.005(2) Florida Statutes, is
approved as to form and legality and requires a majority vote for Board approval. -SAA
RECOMMENDATION: To consider adoption and enactment of the proposed ordinance establishing
the Enbrook Community Development District.
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Prepared by Marcia R. Kendall, Senior Planner, Zoning Division, Comprehensive Planning Section
ATTACHMENT(S)
1. Attachment 'A' to Ex. Summary flat (PDF)
2. Attachment '2' Six Factors_Enbrook CDD (PDF)
3. Location Map Exhibit_1 Six Factors (PDF)
4. Ordinance - 020520 (PDF)
5. Enbrook CDD Petition_r1 (PDF)
6. Enbrook Letter of Purpose (PDF)
7. Enbrook_Exhibit 1A_Legal Description_r1 (PDF)
8. Enbrook_Exhibit 2A_Landowners Consent_r1 (PDF)
9. Enbrook_Exhibit 2B Warranty Deed_r1 (PDF)
10. Enbrook_Exhibit 3_Water-Sewer (PDF)
11. Enbrook_Exhibit 3A_Proposed Storm Sewer System (PDF)
12. Enbrook_Exhibit 3B_Proposed Water Distribution System (PDF)
13. Enbrook_Exhibit 3C_Proposed Sanitary Sewer (PDF)
14. Enbrook_Exhibit 4A_Estimated Timetable (PDF)
15. Enbrook_Exhibit 4B_Cost Estimates (PDF)
16. Enbrook_Exhibit 5_Future Land Use Map (PDF)
17. Enbrook_Exhibit 6_Statement of Regulatory Costs (PDF)
18. Affidavit Prefiled Testimony-Petitioner (PDF)
19. Affidavit Prefiled Testimony-Consultant (PDF)
20. Affidavit Prefiled Testimony-Engineer (PDF)
21. Enbrook Ad #1 as Posted 2-11-2020 (PDF)
22. Enbrook Ad #2 as Posted 2-18-2020 (PDF)
23. Enbrook Ad as Posted 2-25-2020 (PDF)
24. Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(1 thru 3)_-_Enbrook (PDF)
25. Enbrook Ad as Posted 3-3-2020 (PDF)
26. DOCS-#600482-v1-
Affidavit_of_Publication_of_Ordinance_&_Notice_of_Establishment_Hearing_(03_03_20)_-
_Enbrook (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 11563
Item Summary: Recommendation to consider adoption of an Ordinance establishing the Enbrook
Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes.
Meeting Date: 03/10/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
02/05/2020 10:36 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
02/05/2020 10:36 AM
Approved By:
Review:
Growth Management Department David Weeks Additional Reviewer Completed 02/05/2020 2:05 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/07/2020 4:24 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/18/2020 10:32 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 02/18/2020 11:18 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 1:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/21/2020 3:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/26/2020 2:12 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/27/2020 2:25 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/01/2020 12:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM
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Attachment "A"
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Packet Pg. 1651 Attachment: Attachment 'A' to Ex. Summary flat (11563 : Establishment of the Enbrook Community Development District)
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EXHIBIT "1"
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ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR “ENBROOK” CDD
Background:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CDD) petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the establishment
of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
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 regarding the proposed Enbrook Community Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning staff, along with the staff of the County Attorney's Office, has reviewed
the referenced Community Development District petition. Based upon the review of the petition
and sufficiency information, staff believes that the information found within these documents
appears 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.
The Enbrook PUD. was approved by the Board of County Commissioners on January 14, 2020.
As part of the approval process, the development was found to be consistent with the Growth
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Packet Pg. 1657 Attachment: Attachment '2' Six Factors_Enbrook CDD (11563 : Establishment of the Enbrook Community Development District)
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Management Plan in effect at that time. The entire P.U.D. is designated Urban Mixed-Use District,
Urban Coastal Fringe Subdistrict as depicted on the Collier County Future Land Use Map. The
proposed CDD would be a unit of local government established specifically for the purpose of
carrying out the approved Master Development Plan and commitments of the Enbrook
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:
"1. 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 Enbrook Community Development District, if approved, would be within the size
range of other CDD’s within Collier County. For instance, the Orange Blossom Groves CDD
comprises approximately 89.98± acres, while the Fronterra CDD comprises approximately 33.21±
acres, with the smallest being Flowway CDD comprised of approximately 19.70± acres. Based
upon previous experience and the subsequent success of other Collier County CDDs,
Comprehensive Planning staff believes that the “Enbrook” 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.
As noted within Exhibit “6” pages 8 & 9 of the CDD petition, there are 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
home owners association; establishment of a Municipal Services Taxing Unit (MSTU);
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Packet Pg. 1658 Attachment: Attachment '2' Six Factors_Enbrook CDD (11563 : Establishment of the Enbrook Community Development District)
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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 were part of the original P.U.D. approvals. The District Board of
Supervisors will not have the legal authority to implement any facilities, services or development
that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate 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 the petition for the establishment of “Enbrook” Community Development District.
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Packet Pg. 1659 Attachment: Attachment '2' Six Factors_Enbrook CDD (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1662 Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1663 Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1665 Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1666 Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
17.D.4Packet Pg. 1667Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1668 Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
17.D.4Packet Pg. 1669Attachment: Ordinance - 020520 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1670 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1671 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1672 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1673 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1674 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1675 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1676 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1677 Attachment: Enbrook CDD Petition_r1 (11563 : Establishment of the Enbrook Community Development District)
Hopping Green I Sams
Attorneys and Counselors
November 22.2019
Via Overnisht Delivery
Marcia Kendall, Senior Planner
Collier County Growth Management Department
Comprehensive Planning
2800 North Horseshoe Drive
Naples, Florida 34104
Re Petition to Establish the Enbrook Community Development District
I-etter of Purpose
Dear Ms. Kendall:
On November 1, 2019, D.R. Horton, Inc. ("Petitioner") filed the Petition to
Establish ("Petition") the Enbrook Community Development District ("Proposed
District"). The Proposed District contains approximately 65.80 acres and is located in
unincorporated Collier County, as described in the Petition.
Pursuant to Section 190.005(l)(e), Florida Statutes, the property within the
Proposed District meets the following criteria:
Establishment of the Proposed District and all land uses and services
planned within the Proposed District are nol inconsistent with applicable
elements or portions of the effective State Comprehensive Plan or the
Collier County Comprehensive Plan.
The area of land within the Proposed District is part of a planned
community. It is of sufficient size and is sufficiently compact and
contiguous to be developed as one functional and interrelated community.
The establishment of the Proposed District will prevent the general body
of taxpayers in Collier County from bearing the burden for installation of
the infrastructure and the maintenance of certain facilities within the
development encompassed by the proposed development services and
facilities to the proposed community without imposing an additional
burden on the general population of the local general-purpose
government. Establishment of the Proposed 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 Proposed
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17.D.6
Packet Pg. 1678 Attachment: Enbrook Letter of Purpose (11563 : Establishment of the Enbrook Community Development District)
District will not be incompatible with the capacity and use of existing
local and regional community development services and facilities. In
addition, the establishment of the Proposed District will provide a
perpetual entity capable of making reasonable provisions for the
operation and maintenance of the Proposed District's services and
facilities.
The area to be served by the Proposed District is amenable to separate
special-district government.
If you have any questions, or if you need any further information, please do not
hesitate to contact me.
S incerel y,
Jere Earlvwi
E nc losurc s
Hopping Green e, Sams
Allorneys and Counseo(s
17.D.6
Packet Pg. 1679 Attachment: Enbrook Letter of Purpose (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1680 Attachment: Enbrook_Exhibit 1A_Legal Description_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1681 Attachment: Enbrook_Exhibit 1A_Legal Description_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1682 Attachment: Enbrook_Exhibit 1A_Legal Description_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1683 Attachment: Enbrook_Exhibit 1A_Legal Description_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1684 Attachment: Enbrook_Exhibit 2A_Landowners Consent_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1685 Attachment: Enbrook_Exhibit 2A_Landowners Consent_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1686 Attachment: Enbrook_Exhibit 2B Warranty Deed_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1687 Attachment: Enbrook_Exhibit 2B Warranty Deed_r1 (11563 : Establishment of the Enbrook Community Development District)
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Packet Pg. 1690 Attachment: Enbrook_Exhibit 2B Warranty Deed_r1 (11563 : Establishment of the Enbrook Community Development District)
EXHIBIT 3
MAPS OF THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT SHOWING
CURRENT MAJOR TRUNK WATER MAINS AND SEWER INTERCEPTORS AND
OUTFALLS
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Packet Pg. 1691 Attachment: Enbrook_Exhibit 3_Water-Sewer (11563 : Establishment of the Enbrook Community Development District)
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17.D.10
Packet Pg. 1692 Attachment: Enbrook_Exhibit 3_Water-Sewer (11563 : Establishment of the Enbrook Community
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17.D.11
Packet Pg. 1693 Attachment: Enbrook_Exhibit 3A_Proposed Storm Sewer System (11563 : Establishment of the Enbrook
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17.D.12
Packet Pg. 1694 Attachment: Enbrook_Exhibit 3B_Proposed Water Distribution System (11563 : Establishment of the
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17.D.13
Packet Pg. 1695 Attachment: Enbrook_Exhibit 3C_Proposed Sanitary Sewer (11563 : Establishment of the Enbrook
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIMETABLE
ENBROOK COMMUNITY DEVELOPMENT DISTRICT
Im rovement Ca Start Date
Wastewater Collection
Potable Water Distribution
Storm Water Drainage
Perimeter Landscaping and Irrigation
Preserve Exotics Removal
2019
2019
2019
2019
2019
2020
2020
2020
2020
2020
Completion Date
17.D.14
Packet Pg. 1696 Attachment: Enbrook_Exhibit 4A_Estimated Timetable (11563 : Establishment of the Enbrook Community Development District)
CONSTRUCTION COST ESTIMATES
ENBROOK CONTMUNITY DEVELOPNIENT DISTRICT
Improvement Category Total Cost
Wastewater Collection
Potable Water Distribution
Storm Water Drainage
Perimeter Landscaping and Irrigation
Preserve Exotics Removal
Design and Engineering
Contingency
$950,372.62
$413,971.00
$ I ,556,857.50
s330,070.s0
$20,000.00
$196,336.25
s163,563.00
Total s3,631,r 70.87
EXHIBIT 48
17.D.15
Packet Pg. 1697 Attachment: Enbrook_Exhibit 4B_Cost Estimates (11563 : Establishment of the Enbrook Community Development District)
EXHIBTT 5
I'I]TURE, LAND USE MAP
ENBROOK COMMUNITY DEVELOPMENT DISTRICT
17.D.16
Packet Pg. 1698 Attachment: Enbrook_Exhibit 5_Future Land Use Map (11563 : Establishment of the Enbrook Community Development District)
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17.D.16
Packet Pg. 1699 Attachment: Enbrook_Exhibit 5_Future Land Use Map (11563 : Establishment of the Enbrook Community
EXHIBIT 6
STATT,]\TENT ()F ESTI}IATED REGULATORY COSTS
ENBROOK COMMUNITY DEVELOPMENT DISTRICT
17.D.17
Packet Pg. 1700 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
tr,NBROOK
C onmruxrry D p,rrp,LoPME NT D rsrnrcr
Statement
of
Estimated Regulatory Costs
October 30,2019
Provided by
lhfr., Ituat zad AssaizUs, LLC
2300 Glades Road, Suite 410W
Boca Raton, FL 33431
Phone:5(r1-571-0010
Fax:561-571-0013
Website: wwvi.whhas sociate s. com
ASSOCIATES
17.D.17
Packet Pg. 1701 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
STATEMENT OF ESTIMATED REGUI-ATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Eobrook Community Development District ("District") in accordance with the "Uniform
Community Development District Act of 1980," Chapter 190, Florida Statutes (the "Act"). The
proposed District will comprise approximately 65.80 + / - acres of Iand located within
unincorporated Collier County, Flodda (the "County") and is projected to contain approx.imately
298 Twin Vr.lla residential dwelJing units, which will make up the Enbrook development. The
limitations on the scope of this SERC are expJicidy set forth in Section 190.002(2)(d), Florida
Statutes ("F.S.") (governing District estabJishment) as follows:
"That the process o:f establishing such a district pursuant to uniform general law
be fcr ir and bosed only on factors moteriol to manasins and /inancins lhe service
delivery function of the dislrict, so lhat any matter concerninp permittinp or
plannins of the development is nol material or relevant (emphasis added)."
1.2 Overview of the Enbrook Community Development District
The Distict is designed to provide pubJic infrastructure, serices, and facilties along with operation
and maintenance of the same to a master planned residential development currendy anticipated to
contain a total of approximately 298 Twrn V:.lla residential dwell,ing units, all wrthin the boundaries
of the District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and
ownership/maintenance tesponsibilities the ptoposed Disttict is anticipated to construct, operate
and maintain.
A community development district ("CDD") is an independent unit of special purpose local
goveflrment authorized by the Act to plan, finance, construct, operate and maintain community
wide infrastructure in planned community developments. CDDs provide a "solution to the state's
planning, management and financing needs for delivery of capital infrastructure in otder to sersice
projected growth without overburdening other govetnments and their taxpayers." Section
190.002(1)(a), F.s.
A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in
'which the CDD lies. A CDD does flot have the permitting, zor.::ul,g or policing powers possessed by
general purpose governments. A CDD is an alternative means of financing constructing, operating
and marntaining public infrastructure for developments, such as Enbrook.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S., defines the elements a statement of estimated regulatorv costs must
contain:
2
17.D.17
Packet Pg. 1702 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
@) A good faith estimate of the number of individuals and entities likely to be required to comply
wrth the rule, together vith a general description of the types of individuals likely to be affected by
the tule.
(c) A good faith estimate of the cost to the agency, and to any other state and local governmeot
entities, of implementing and enforcing the ptoposed rule, and any anticipated effect on state or
local revenues.
(d) A good faith estimate of the tansactional costs likely to be incutted by individuals and entities,
including local govemment entities, required to comply with the requirements of the rule. As used
in this section, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the m1e, additional operating costs incurred, t}re cost of monitoring and reporting, and any other
costs flecessary to comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the
impact on small counties and small cities as defined rn s. 120.52. The rmpact analysis for small
businesses must indude the basis for the agency's decision not to implement alternatives that would
reduce adverse impacts on sma.[ businesses. (Collier County, according to Census 2070, has a
population of 321,,520; therefore, it is not deFrned as a small County for the purposes of this
requirement.)
(f) Any addiuonal information that the agency determines may be use6rl
(g) In the statement or revised statement, whichever applies, a description of any tegulatory
alternatives submitted undet paragraph (1)(a) and a statement adopting the alternatiye or a statement
ofthe reasons for rejecting the altemative in favor ofthe proposedrule.
Note: the references to "nrle" ifl the statutory requirements for the Statement of Estimated
Regulatory Costs a1so apply to an "ordinance" under section 190.005(2)(a), F.S.
(a) An economic analysis showing whether the rule direcdy orindirecdy:
1. Is likely to have an adverse impact on economic growth, private sector job creation or
employment, or private sector investrnent in excess of $1 million in the aggregate within 5 years after
the implementation of the rule;
2. Is Iikely to have an adverse impact on business competitiveness, including the ability of persons
doing business in the state to compete with persons doing business io other states or domesdc
markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rule; or
3. Is likely to increase regulatory costs, including any transacdonal costs, in excess of $1 rnillion in
the aggregate \llithin 5 years after the implementation of therule.
17.D.17
Packet Pg. 1703 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
2.0 Al economic analysis showing whether the ordinance directly otinditectly:
1. Is likely to have an adverse impact on economic gaowth, private sector iob
creation or employment, ot private sector investment in excess of $1 million in the
aggregate within 5 years after the implementation of the otdinance;
2. Is likely to have an adverse impact on business competitiveness, including the
ability ofpersons doing business in the state to compete with persons doing business
in other states or domestic markets, productivity, or innovation in excess of $l million
in the aggregate within 5 years after the implementation ofthe ordinancel or
3. Is likely to increase regulatory costs, including any transactional costs, in excess
of $1 million in the aggregate within 5 years after the implementation of the
ordinance,
The ordinance estab)ishing the District is not anticipated to have any direct or indirect adverse
impact on economic growth, private sector job creation or employment, private sector investrnent,
business competitiveness, ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or innovation. Any increases in
regulatory costs, principally the anticipated increases in tuansactional costs as a result of imposition
of special assessmeots by the District u,ill be the direct result of facilities and services provided by
the District to the Iandowners within the District. Hovzever, as property ownership in the District is
voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases
should be considered voluotary, self-imposed and offset by benefits received from the inftastructure
aod services provided by r}le Distnct.
2.1 Impact on economic gro$th, ptivate sector job creation or employment, or private
sector investment in excess of $1 million in the aggtegate within 5 years after the
implementation of the otdinance.
The purpose for establishmeot of the District is to provide pub)ic facilities aod services to support
the degelopment of a new, master planned residential development. The developmeot of the
approximately 65.80 +/ acres anticipated to be within the District will promote Iocal economic
activity, create local value, lead to loca-l private sector investmeot and is likely to result in local
private sector emplovment and/or local job creation.
Establishment of the District will allorv a systematic method to plan, fund, implement, operate and
maintain, for the beneFrt of the landowners within the District, various public facilities and services.
Such facilities and services, as further described in Section 5, will allow for the development of the
land withrn the District. The provision of District's infrastructure and the subsequent development
of land ,r,ill generate private economic activity, econornic growth, investment and employment, and
job creation. The District intends to use proceeds of indebtedness to fund construction of public
infrastructure, v,tlch wtll be constructed by private hrms, and ooce constructed, is Jikely to use
private Erms to opetate and maintain such infrastructure and provide services to the Iandowners and
residents of the Districl The ptivate developer of the land in the District will use its ptivate funds
to conduct the private land development and construction ofan aoticipated approxrmately 298 Twin
Yilla residentia.l dwelJing units, the construction, sale, and continued use/maintenance of whrch urll
involve private firms. V4rile similar economic growth, private sector job creation or employment,
or private sector investment could be achieved in absence of the District by the private sector alone,
the fact that the establishment of the Disttict is imtrated by the pnvate developer means that the
l
17.D.17
Packet Pg. 1704 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
private developer considers the establishment and continued operation of the District as beneficial
to the process of land development and the future ecooomic activity taking place within the District,
which in turn will lead directly or indirecdy to economic gros/th, likely private sector job growth
and/or support private sectot €mployment, and private sectorinvestmeflts.
2.2 Impact on business competitiveness, including the ability of percons doing business'in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation in excess of $1 milfion in the aggregate within 5 years after the
implementation of the ordinance.
Vtren assessing the question of whether the estab[shment of the District is likely to direcdy or
indirecdy have an adverse impact on business competitiveness, including the ability ofpersons doing
business in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation, one has to compare these factors in the presence and in the absence of
the District in the development. When the question is phrased in this manner, it can be sutmised
that the establishment of the District is likely to not have a direct or indirect adverse impact on
business competitiveness, producriviry. or innovation versus that same development without the
District. Similar to a purely private solution, District conttacts vi.ll be bid competitively as to
achieve the lowest cost/best value for the particular infrasructure or services desired by the
landowners, which will insure that contactors wishing to bid for such contracts will have to
demoflstrate to the District the most optimal mix of cost, productivity and innovation. Additionally,
the establishment of the Distfict fot the development is not Iikely to cause the award of the
contracts to favor non local providers any more than if there was no District. The District, in its
purchasing decisioos, will not vary from the same principles of cost, ptoductivity and innovation
that guide private enterprise.
2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 yeats after the implementation of the
ordinance.
The estabLshment of the District will not inctease any regulatory costs of the State or the County by
virtue that the District vill be one of many already existing similat districts within the State and also
one of a many already existing sirnilar districts in the Counry. As described in more detail in Section
4, the proposed District ''r,ill pay a one-time fi.Ling fee to the County to offset aoy expenses that the
County may incur in holding a local public hearing on the petition. Similadr,, the proposed Disrict
will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs
related to its oversight of all special districts in the State.
The establishment of the District wi1l, however, direcdy increase regulatory costs to the landowners
within the District. Such increases in regu.latory costs, principally the anticipated increases in
transactional costs as a result of l.ikely imposition of special assessments and use fees by the District,
will be the direct result of facilities and services provided by the District to the landowners within
the District. However, as property ownership in the District is completelv voluntary, all current
proPerW owners must conseflt to the establishment of the District and all initial prospective buyers
will have such additional traosaction costs disclosed to them prior to sale, as required by State law.
Such costs, however, shou.ld be considered voluntary, self-rmposed, and as a tradeoff for the service
17.D.17
Packet Pg. 1705 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
aod facilities provided by the District
The District will incur overall operational costs related to sen ices for infrastructute maintenance,
landscaping, and similar items. In the initial stages of development, the costs will likely be minimized.
These operating costs v.'ill be funded by the landowners through direct funding agreemeots or
special assessments levied by the District. Sirnilady, the District may incut costs associated,'pith the
issuance and repayment of special assessmeflt revenue bonds. S?'hi[e these costs in the aggregate may
approach the stated threshold over a five year period, this would aot be unusual for a Project of this
nature and the infrastructure and seri.ices ptoposed to be provided by the District will be needed to
serve the Project regatdless of the existence of the District. Thus, the District-related costs are not
additional development costs. Due to the relatively low cost of financing available to CDDs, due to
the tax-exempt nature of theii debt, certain improvements can be ptovided more efficiently by the
District than by alternative entities. Furthermore, it is important to rcmember that such costs would
be funded through special assessments paid by landownets within the District, and would not be a
burden on the taxpayers outside the District.
3.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the otdinance, together with a genetal desctiption of the rypes of individuals
likely to be affected by the ordinance.
The individuals and entities likely to be required to complv with the ordinance or affected by the
proposed action (i.e., adoption of the ordinance) can be categoized, as follows: 1) The State of
Florida and its tesidents, 2) the County and its residents, 3) current property owners, and 4) future
proPerty owners.
The State of Florida
The State of Flonda and its residents and general population will not incur any compliance costs
related to the establishment and on-going administration of the Disttict, and will ooly be affected to
the extent that the State incurs those nominal admioistrative costs oudined herein. The cost of any
addrtional admioistrarive services provided by the State as a result of this project will be incurred
whether the infrastructure is financed thtough a CDD or any alternative hnancing method.
a
b. Col.lier Counry
C
The County aod its residents not residing within the boundaries of the District will not incur anv
compliaoce costs related to the establishment and on-going administration of the District other than
any one-time administtative costs oudined herein, u,hich will be offset by the ltling fee submitted to
the County. Once the District is established, these residents wil.[ not be affected bv adopdon of the
ordinance. The cost of any additional administrative services provided by the County as a result of
this development will be incurred whether the infrastructure is financed through a CDD or any
alternative financing method.
Current Ptoperty Owners
The current property owners of the lands within the proposed District boundaries will be aflected to
the extent that the District allocates debt for the construction of infrastructure and undertakes
operation and maintenance responsibiLity for that infrastn-rcture.
6
17.D.17
Packet Pg. 1706 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
d. Future Property Ownets
The future property owners are those who will owo property in the proposed District. These futue
property owners will be affected to the extent that the District allocates debt for the construcdon of
infrastructure and uodertakes operatloo and maintenance responsibility for that infrastructure.
The proposed District will serse land that comprises an approx.imately 65.80 +/ acre mastet
planned residential development currendy anticipated to contain a total of approxirnately 298 'Iwin
Villa residential dwelling uoits, although the development plan can change. Assuming an a'verage
densiry of 3.5 persons per residential dwelling unit, the estimated residential population of the
proposed District at burld out would be approximately 1,043 + / - and all of these residents as well as
the landowners within the Dismct will be affected by the ordinance. The County, the proposed
District and certain state agencies .will also be affected by or required to comply with the ordinance
as more fully discussed hereafter.
4.0 A good faith estimate of the cost to the agency, and to any other state and local
govemment entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local {evenues.
The County is establishing the District by ordinance in accordance with the Act and, therefore, there
is no anticipated effect on state or local tevenues.
4.7 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the result of adopting the ordinance is the establ.ishment of an independent local special
purpose goverrrrrent, there will be no significant enforcing responsibilities of any other government
entity, but there will be various implementing responsibi.lities which are idenrified with their costs
herein.
State Governmental Eotities
The cost to state entities to review ot enfotce the proposed otdinance will be very modest. The
District comprises less than 2,500 acres and is located within the boundaries of the County.
Therefore, the County (and oot the Florida Land and Water Adjudicatory Commission) will review
and act upon the Petition to establish the District, in accordance u,ith Section 190.005(2), F.S. There
are minimal additional ongoing costs ro yarious state endties to implement and enforce the proposed
ordinance. The costs to yarious state entities to implement and enforce the proposed ordinance
relate stricdy to the receipt and processing of various reports that the District is required to fiJe 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 minimal because the District is
only one of many goverrrmenta-l units that are required to submit the various teports. Thetefore, the
marginal cost of processing ooe additional set of reports is inconsequential. Additionally, pursuaot to
section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of
Economic Opportunity which offsets suchcosts.
7
17.D.17
Packet Pg. 1707 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
Collier County- Florida
The ptoposed land for the District is located within unincorporated Collier County, Florida and
consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public
hearing, and vote upon the petition to establish the District. Ttrese activities v,ill absorb some
resorrrces; however, these costs incurred by the Counry will be modest for a number of reasons.
First, review of the petition to establish the District does not include analysis of the project itsell
Second, the petition itself provides most, if not a.11, of the information needed for a staff review.
Third, the County already possesses the staff needed to conduct the review without the need for
new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are
offset by a filing fee included with the petition to offset any expenses the Counq' may incur in the
processing of this petition. Finally, the County already processes similar petitions, though for entirely
different subjects, for land uses and zoning changes that are lar more complex than the petition to
establish a commuoity development district.
The annual costs to the County, because of the establishment of the District, ate also very small.
The District is an independent unit of local government. The only annual costs the County faces are
the minimal costs of teceiving and reviewing the various reports that the District is required to
provide to the County, or any monitoring expenses the Countv may incur if it establjshes a
moniroring program for this District.
4.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide inftastructure facilities
and serrices to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
Any non-ad valorem assessments levied by the District will not count against any millage caps
imposed on other taxing authorities providing services to the lands within the District. It is also
importaflt to oote that any debt obligations the District may incur are not debts of the State of Florida
or any other unit of local goverflment. By Florida law, debts of the District are strictly its own
res p onsibility.
5.0 A good faith estimate of the transactional costs likcly to be incured bv indir.iduals
and entities, including local governmcnt entitics, required to comply with the rcquirements
of the ordinance.
Table 1 provides an oudine of the various facilities and services the proposed District may provide
Financing for these faci.lities is proiected to be provided by the District.
Table 2 illusffates the estimated costs of construction of the capital facilities, oudined in Table 1.
Total costs of construction for those facilities that may be provided are estimated to be
approximately $3,637,170.87 . The District may lerry non-ad valotem special assessmeflts Oy a variety
of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds
wou.ld be repatd though non-ad valorem special assessments levied on a1l developable properties in
the District that may benefit from the District's infrastructure program as oudined in Table 2.
Prospective future laodowners in the proposed District may be required to pay non-ad valorem
8
17.D.17
Packet Pg. 1708 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
special assessments levied by the District to provide for facilities and secure any debt incurred
through bond issuance. In addition to the lerry of non-ad valorem special assessments which may
be used for debt service, the District may also le5, a non-ad va.lorem assessment to fund the
operations and maintenance of the Disttict and its facilities and setvices. llowever, purchasing a
property within the District or Iocating in the Disttict by new residents is completely voluntary, so,
ultimately, all landownets and tesidents of the affected property choose to accept the flon-ad
valorem assessments as a tradeoff for the services and facilitjes that the District will provide. In
addition, state law requfues all assessments levied by the District to be disclosed by the initial seller
to all prospective purchasers of property within the District.
Table 1
FACILIT}'FUNDEDBY OWNED BY
\i7astewat€r Collection CDD County County
Potable Water Distribution CDD Counry Counry
Storm Water Draioage CDD CDD/HOA CDD/HOA
Perimeter Landscaping and Irrigation (]DD CDD CDD/ITOA
Preserve Exotics Removal CDD CDI)CDD/HOA
Table 2
ENBROOK COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
$rastewater Collection fi950,372.62
Potable Water Distribution $413,971.00
Stofm Water Draiflage $1,556,857.50
Landscaping and lrrigation $330,070.s0
Preserve Exotics Removal $20,000.00
Design and Engineering $196,336.2s
Contingency $163,563.00
T otal
A CDD ptovides the property owners with an alternative mechanism of providing pubJic services;
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the estabLishment of the
Disttict. Such transactional costs should be considered in terms of costs likely to be incured under
altemadve public and private mechanisms of service provision, such as other independent special
districts, County or its dependent disricts, or Courtty management but financing with municipal
service benefit units and municipal senice taxing units, or private entities, a.ll of which can be
grouped into tlree major categories: public district, public other, and pdvate.
9
ENBROOK COMMI]NITY DEYELOPMENT DISTRICT
Proposed Facilities and Services
MAINTAINED
BY
COST
$3,631,170.87
17.D.17
Packet Pg. 1709 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
With regard to the public services delivery, dependent and other independent special. districts can be
used to manage the ptovision of infrastructure and services, however, they are Iirnited in the types of
services they can provide, and likely it would be necessary to employ more than one disttict to
provide all services needed by the development.
Other public entities, such as cities, are also capable of providing services, however, thei-t costs in
connecdon vith the new services and infrastructu{e required by the new development and,
transaction costs, would be bome by all taxpayers, unduly burdening existing taxpayers. Additionally,
other public entides providing sen ices would also be inconsistent with the State's pol.icy of "gtowth
paying for growth".
Lasdy, services and improvements could be provided by pdvate entities. However, their interests are
primarily to eam short-tem profits and there is no pubJic accountability. The margltal benefits of
tax exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and sen ices.
In considedng transactional costs of CDDs, it shall be noted that occupants of the lands to be
included v,ithin the District vrill receive three major classes of benefits.
Flst, those residents in the District will receive a higher level of public services which in most
instances will be sustained over longer periods of time than would otherwise be the case.
Second, a CDD rs a mechanism for assuring that the publ-ic services will be completed concurrendy
with development of lands within the development. This satisfies the revised glowth management
legislation, and it assures that gro\eth pays for itself without undue burden on other consumers.
Estabjishment of the District will ensure that these landowners pay for the ptovision of facihues,
services and improvemeflts to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planmng, construcdon, implementation and short and long-term
maintenance of pubJic infrastructure at sustailed levels of service.
The cost impact on the ultimate landowoers in the development is not the total cost for the Disttict
to provide infrasbucture services and faciLities. Instead, it is the incrementa.l costs above, if
appiicable, urhat the landowners would have paid to install infrastructure via an alternative financing
mechaoism.
Consequendy, a CDD provides property owners with the option of having higher levels of facilities
and sewices financed through self imposed revenue. The District is an altemative means to manage
flecessarv development o[ infrastrucrure and services with related financing powers. District
management is no more expensive, and ofteo less expensive, than the alternatives of various publjc
and private sources.
6.0 Arr 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 Secdon
720.52, F .5.
There will be litde impact on small businesses because of the establ-ishment of the Distnct. If
10
17.D.17
Packet Pg. 1710 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
anythiog, the impact may be positive because the District must competitively bid all of its contracts
and competitively negotiate all of its contracts with consultants orzer statutory thresholds. This
affords small businesses the opportunity to bid on District work.
Collier Counry has a population of 321,520 according to the Census 2010 conducted by the Uoited
States Census Bureau and is therefote not defined as a "small" county according to Section 120.52,
F.S.
7 .0 Arry additional useful infotmation.
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 beoefits. Ioputs were teceived from the
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Enbrook Community Development District is
the best possible alternative to provide public facilities and services to the proiect, there are several
additional factors which bear importance. As an alternadve to ao independent district, the County
could establish a dependent district fot the area ot establish an MSBU or MSTU. Either of these
altematives could finance tie improvements contemplated in Tables 1, ard 2 in a fashion similar to
the proposed District.
There are a number of teasons why a dependent district is not the best alternative for providing
public facilities and services to the Enbrook development. First, uolike a CDD, this altetnadve
would require the County to administer the project and its facilities and services. As a result, the
costs for these services and facilities would not be direcdy and wholly attributed to the land directly
benefiting from them, as the case rvould be with a CDD. Administenng a project of the size and
complexity of the developmeot program anticipated for the Enbrook development is a sigaificant
and expensive undertakiog.
Secoad, a CDD is prefetable ftom a government accountability perspective. With a CDD, residents
and landowners in the Distnct would have a focused unit of government u.ldmately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
County responsibilities. By contrast, if the County were to establ.ish and administet a dependent
Special District, then the residents and landowners o[ the Enbrook der.elopment would take their
grlevances and desires to the Countv Comrnission meetings.
Third, any debt of an iodependent CDD is strictly that District's responsibility. \Vhile it may be
technically true that the debt of a County-established, dependent Special District is not stricdy the
County's responsibility, any financial problems that a dependent Special District may have may
reflect on the County. This v,ill not be the case if a CDD is established.
Another altemative to a CDD would be for a Property Owners' Association @OA) to provide the
infrastructure as well as operations and maintenance of public facilties and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital market. Second, as a govemment entity a CDD can impose and collect its
assessmeots along with other properq, taxes on the County's real estate tax bi1l. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of loca-l goyernment. This provides a higher level of transparency, oversight and
accountability and the CDD has the ability to enter into inte ocal agreements with other units ofgoyerunent.
ll
17.D.17
Packet Pg. 1711 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
8.0 A description of any regulatory altematives subrnitted under section 120.5a7$)(a),
F.S., and a statement adopting the altemative or a statement of the reasons for teiecting the
alternative in favor of the ptoposed ordinance.
No written proposal, statemeot adopting an altemative or statemeflt of the reasons for rejecting ao
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regr.rlatory Costs supports
the petition to establish the Enbrook Communiry DevelopmentDistrict.
12
17.D.17
Packet Pg. 1712 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
REPORT
FL. STATUE
CITATION DA'I'E
Annual
Financial Audit 190.008 /218.39 9 months after end of Fisca.l Year
Annual
Financial
Report 1.90.008 / 218.32
45 days after the completion of the Annual Finaocia-l Audit but
no more than 9 months after end of Fiscal Year
TRIM
Compliance
Report 200.068
no later than 30 days following the adopdon of the property
tax lew ordinance/resolution (if levving property taxes)
Form 1 -
Statement of
Financial
Interest 1_1_2.3145
\rithin 30 days of accepting the appointrnent, then every year
thereafter by 7/1 @y "local officers" appornted to special
disttict's board); during the qualifring period, then every year
theteafter by 7 /1 @y "local officers" elected to special district's
board)
Public Facilities
Report 189.08
within one year of special disrict's creation; then annual notice
of any changes; and updated report every 7 years, 12 months
prior to submission of local governmentrs evaluation and
appraisal report
PubLic Me etings
Schedule 189.015 quartedy, semiannually, or annually
Bond Report 218.i8 when issued; within 120 days after delive4 o1-bonds
Registered
Agent 189.014 within 30 days after first meeting ofgoverning board
Proposed
Budget 190.008 annually by June 15
Adopted
Rudget 190.008 annually by October 1
Public
Depositor
Report 280.17 annuallv by November 30
Notice of
Establishment 190.0485
v,ithin 3o days after the efflective date of an ordinance
establishing the District
Notice of
PubLic
Financing 190.009
file disclosure documents in the property records of the countv
after financing
ll
APPENDIXA
LIST OF REPORTING REQUIREMENTS
I
17.D.17
Packet Pg. 1713 Attachment: Enbrook_Exhibit 6_Statement of Regulatory Costs (11563 : Establishment of the Enbrook Community Development District)
BEFORE THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IN RE:PETITION TO ESTABLISH THE
ENBROOK COMMUNITY
DE\TELOPMENT DISTRICT
AFFIDA\'IT ADOPTING WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTYOF L€€
I, J. Wayne Everett, Entitlements Manager at D.R. Horton, Inc., a Delaware
corporation ('Affiant'), being duly swom, do hereby state for my affidavit as follows:
3. The prepared, written, pre-frled testimony, submitted under my name to Collier
County relating to the establishment of the Enbrook Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pe-fi1ed testimony orally at the
Enbrook Community Development Diskict establishment hearing, my oral
answers would be the same as the written answers presented in my pre-filed
testimony.
5. My pre-filed testimony generally addresses the nature of the services and facilities
to be provided by the proposed Enbrook Community Development District, the
truth and accuracy of the Petition to establish the Enbrook Community
Development District, and compliance with the factors to be considered in the
establishment of a community development diskict.
[CONTINUED ON FOLLOWING PAGE]
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is J. Wayne Everett and I am the Entitlements Manager at D.R. Horton,
Inc., a Delaware corporation.
1
17.D.18
Packet Pg. 1714 Attachment: Affidavit Prefiled Testimony-Petitioner (11563 : Establishment of the Enbrook Community Development District)
Under penalties of perjury, I declare that I have read the foregoing and the facts
alleged are true and conect to the best of my knowledge and belief.
I
Executed this Zna d ay of D^ ee*.b e.r ,2019.
J.W
SWORN TO and SUBSCRIBED before me by the Affiant, 61 1\is Jael , day of
2019.
otary lic S tate o fFlorida
Name of Notary Public
ersonally Known,---
Identifi cation produced
srroR uiE at€irsE
cr @$!ssroN ; FF 96065
EIPIRE:!: LLrd 2E. 2@0
Sorfi Ttv! Noht F$[a UrddxribB
2
EZ*"--
17.D.18
Packet Pg. 1715 Attachment: Affidavit Prefiled Testimony-Petitioner (11563 : Establishment of the Enbrook Community Development District)
TESTIMONY OF J. WAYNE E\'ERETT PETITIONER
1. Please state your name and business address,
My name is J. Wayne Everett. My business address is 10541 Ben C. Pratt Six Mile Cypress
Parkway, Fort Myers, Florida 33966.
2. By whom are you employed and in what capacity?
I am employed by D.R. Horton, Inc. ("DR Horton") as Entitlements Malager.
3. Please describe your duties in this position.
I oversee all due diligence, entitlements, design, and permitting for DR Horton projects
within the Southwest Florida Division.
4. Please describe your experience and credentials, including your current employment.
I have been a Civil Engineer and Land Developer since 1985 overseeing projects in Texas,
Arizon4 Califomia, and Florida.
5. How long have you held this position?
I have been employed by DR Horton for over six years
6. Please describe your involvement with the Petition to Establish ("Petition") the
Enbrook Community Development District ("Proposed District")?
i assisted in the preparation of the Petition and its accompanying exhibits, which were filed
with Collier County on November 7,2019.
7. Are you generally familiar with the geographic areas, type, and scope of development
and the available services and facilities within the Proposed District?
Yes. I am familiar with the general area and the site specifically, as well as the scope of
proposed services and facilities within the Proposed District.
8. Have you reviewed the contents of the Petition?
Yes.
9. Are there any changes or corrections to any of the Exhibits attached to the Petition at
this time?
)
No
17.D.18
Packet Pg. 1716 Attachment: Affidavit Prefiled Testimony-Petitioner (11563 : Establishment of the Enbrook Community Development District)
10. Are the contents of the Petition and Exhibits true and correct to the best of your
knowledge?
Yes, they are.
11. In response to this Petition, what action has Collier County taken?
To date, the County has circulated a draft ordinance approving the establishment of the
Proposed District for review and comment. Additionally, the County has expressed that it
intends to coordinate the preparation and publication of a:r advertisement relative to the
hearing to establish the District, which advertisement shall be published once per week for
four (4) consecutive weeks prior to the hearing.
12, Approximately how large is the land area proposed to be in the Proposed District?
The Proposed District is located entirely within unincorporated Collier County, Florida and
encompasses approximately 65.80 acres of land.
13. Who are the owners ofthe proposed land to be included in the Proposed District?
The owner of the lands proposed to be included within the Proposed District is Rimar
Enterprises, Inc.
14. Have the owners providcd an affidavit of ownership and consent to the creation of
the Proposed District?
Yes, the consent and joinder of establishment of the owners ofone hundred (100%) percent
ofthe lands to be included within the Proposed District are attached to the Petition as Exhibit
15. Does this conclude your testimony?
Yes.
4
17.D.18
Packet Pg. 1717 Attachment: Affidavit Prefiled Testimony-Petitioner (11563 : Establishment of the Enbrook Community Development District)
BEFORE THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IN RE:PETITION TO ESTABLISH THE
ENBROOK COMMUNITY
DEVELOPMENT DISTR]CT
AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Michal Szyrnonowicz, Director of Financial Sen ices of Wrathell, Hunt and
Associates, LLC, a Florida limited liability company ("Affiant"), being duly swom, do
hereby state for my affidavit as follows:
I . I have personal knowledge of the matters set forth in this affidavit
2. My name is Michal Sz),rnonowicz and I am Director of Financial Services of
Wrathell, Hunt and Associates, LLC, a Florida limited liability company.
3. The prepared, wriften, pre-filed testimony, submitted under my name to
Collier County relating to the establishment of the Enbrook 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
Enbrook Community Development District establishment hearing, my oral
answers would be the same as the written answers presented in my pre-filed
testimony.
5. My pre-filed testimony generally addresses the nature of the services and
facilities to be provided by the proposed Enbrook Community Development
District, the truth and accuracy of the Petition to establish the proposed
Enbrook Community Development District, and compliance with the factors
to be considered in the establishment ofa community development district.
IcoNTINUED ON FOLLOWTNG PAGEI
I
17.D.19
Packet Pg. 1718 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook 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 ofmy knowledge and belief.
Executed this 2 d
day ofDecember, 2019.
U^rlr} {-p,-, ti,z-
Michal Szymoqbwicz
SWORN TO and SUBSCRIBED befbre me by the Afhant, on this 2tA , 6u, o1
Decembcr. 2019
#DAPHNE GILLYARD
NOTARY PUBLIC
STATE OF FLORIDA
Co.nr# cc327647
Exptai 812012029
N Public State of
Dapl.r'" A-rLyo,,l
iypE Narrre of NoitFubtrc
Personallv Known
Type Identifi cation produced
2
17.D.19
Packet Pg. 1719 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
l, Please state your name and business address.
My name is Michal Sz].rnonowicz. My business address is 2300 Glades Road, Suite
410W, Boca Raton, Florida 33431.
2. By whom are you employed and in what capacity?
I am the Director ofFinancial Services of Wrathell, Hunt and Associates, LLC
3. And what is the nsture ofyour firm's business?
Wrathell, Hunt and Associates, LLC is a full-service consulting firm specializing in
management and advisory services to community development districts, special districts,
and local govemments throughout the State of Florida and other states in the
Southeastem United States.
4. Please describe
employment.
your experience and credentials, including your current
Over the course of my career spanning 20 years, I have served as Methodology
Consultant and Assessment Roll Coordinator for over 100 community development
districts thoughout the State of Florida and administered the issuance of in excess of
$750 million in tax-exempt bonds.
5. Please describe your educational background, with degrees earned, major areas
of study, year of degree, institutions attended.
Master of Business in Economics from Florida Atlantic University.
6. Do you hold any professional designations or certifications?
No, I do not.
7. Are you a member of any professional association?
Yes, I am a member of the Florida Govemment Finance Officers Association.
8. Prior to your current employment, by whom were you employed and in what
position?
Sevem Trent Sen ices, Inc. as Senior Financial Analyst.
TESTIMONY OF MICHAL SZYMONOWICZ. SERC AND
DISTRICT MANAGEMENT CONSULTANT
3
17.D.19
Packet Pg. 1720 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
9. Have you previously worked with other Community Development Districts
('CDD") petitions? Have you previously prepared a Statement of Regulatory Costs
(,sERC")?
Yes, I have and I have personally prepared numerous petitions and SERCs.
10. Have you ever been qualified as an expert in the preparation of such testimony
regarding CDD?
Yes, I have
ll, Please summarize your previous work experience relating to CDDs and special
districts in general?
I have prepared financial forecasting, bond forecasting, capital and operating budgets,
special assessment methodologies, petitions for establishment, expansion, contraction and
dissolutions ofspecial districts, SERCs and administered assessment rolls.
12. Where in Florida are the districts with which you have worked?
Throughout my career, I have worked in virtually all parts ofFlorida.
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,
A recent partial list includes:
r Belle Venetia Community Development District
o Toscana Isles Community Development District
. Grand Haven Community Development District
. Creekside at Twin Creeks Community Development District
. Twin Creeks North Community Development District
Yes, I do.
15. What has been your role with respect to the Petition to Establish ("Petition") the
Enbrook Community Development District ("Proposed District")?
I prepared the SERC in accordance with Section 120.541(2), Florida Statutes, which is a
requirement for the establishment of community development districts. The SERC is
attached to the Petition as Exhibit 6.
I
14. Do you consider yourself and expert in economic analysis and forecasting in
regard to CDDs?
17.D.19
Packet Pg. 1721 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
16. Are you familiar with the geographical areas, type, and scope of development
and the available services and facilities within the Proposed District?
Yes, I am
17. Are you familiar with the Petition?
Yes. I have reviewed the Petition which was filed with Collier County ("County") on
November 7, 2019, along with its attached exhibits.
lE, Please generally describe each of the exhibits attached to the Petition.
Exhibit lA is the metes and bounds description of extemal boundaries of the Proposed
District.
Exhibit lB is the map showing the general location of the Proposed District
Exhibit 2A is the Consent of Landou'ner to CDD Establishment executed hy Rimar
Enterprises, Inc., which represents the consent of one hundred (100%) percent of the
owners of the lands to be included within the Proposed District.
Exhibit 28 contains the warranty deeds for the real property to be included in the
Proposed District.
Exhibit 3 is a map depicting the existing major trunk water mains, sewer connections, and
outfalls in and around the Proposed District.
Exhibit 4A is the proposed timetable for the construction of the proposed public
improvements.
Exhibit 5 contains a map depicting future ganeral distribution, location and extent of
public and private land uses within the Proposed District.
Exhibit 6 is the SERC required by Florida law.
Exhibit 7 is a proposed form ofordinance to establish the Proposed District
19. Are the contents of the Petition and the exhibits attached to it true and correct to
the best ofyour knowledge as ofthe date your prepared testimony is filed?
5
Yes, they are.
Exhibit 4B is the estimated cost of construction the proposed public improvements.
17.D.19
Packet Pg. 1722 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
20. Why is DR Horton, Inc., petitioning for an ordinance to establish the Proposed
District?
There are hundreds ofCDDs throughout the State of Florida. CDDs are an efficient and
effective way to provide infiastructure and have become accepted in the marketplace of
homebuyers. CDDs have the ability to assist in the streamlined and efficient maintenance
and operation of infiastructure and services to developing communities.
From my perspective, the establishment ofa CDD is logical for this project. It provides a
long-term, stable, financially-secure entity. The Proposed District is a structured, formal
entity with the legal ability to respond to future changes in the circumstances and desires
of its residents. Under Florida law, the Proposed District has access to the County's tax
collection mechanisms, which helps ensure that the district has the funding necessary to
pay the costs of maintenance of the facilities.
A CDD has the financial capability to assist in the provision of necessary capital
improvements sooner than may otherwise be the case. The County, developers, builders
and residents will all benefit from these improvements in terms of access, traffic flow,
safety and general property enhancement. Additionally, a CDD is the entity preferred by
many regulatory agencies, including many water management districts, to operate and
maintain the storm water management and other similar systems. This is because the
CDD is a perpetual entity, operating in open meetings, with the financial ability to ensure
that the maintenance of these important environmental facilrties and amenities is
accomplished. Given the nature of this project, in my opinion, a CDD is a logical,
prudent, and desirable way to ensure this needed infrastructure is maintained which the
Petitioner desires to utilize for providing community development within the boundary of
the Proposed District.
Let me ask you a few questions about certain opinions you may have based on your
experience in CDD management, real estate development and the development of
lands within the Proposed District in particular.
21. Based on your experience in CDD management, do you have an opinion as to
whether the Proposed District is of sufficient size, sufficient compactness, and
sufficient contiguity to be developed as a functionally interrelated community?
Yes, I do. From a management perspective, the area to be included within the Proposed
District is of sufficient size, compaclness and is sufficiently contiguous to be developable
as one functional. interrelated community.
22. What is the basis for your opinion?
Local govemments provide developments with the criteria for the elements of
infrastructure to provide for the facilities and services, including storrn water drainage,
water, sewer, and other facilities and services. Functional unification means that each
provided facility and service has a mutual reinforcing relationship to one another, with
6
17.D.19
Packet Pg. 1723 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
each facility and service designed to contribute to the development and maintenance of
the community as a whole. Each facility and service must meet the growth and
development of the community, so a management capability and a funding sowce are
required for each service and facility. Thus, each of these necessary facilities and
services must be integrated, unified, and connected into a long-range plan.
The lands to be included within the Proposed District have su{ficient significant
infrastructure needs to be developable as a functionally interrelated community. This
necessary infrastructure can be provided by the Proposed District in a cost effective
manner based upon the specific design of the community. Furthermore, the use of one
development plan whose infrastructure is implernented by a CDD to provide the
community services and facilities will ensure that the proposed improvements are
provided and maintained in an efficient, functional and integrated manner.
The purpose of this statutory requirement is to ensure successful and efficient delivery of
services and facilities to the property. Based upon my previous experience with special
districts, the Proposed District is suitably configured to maximize the timely and cost
efficient delivery of the necessary services and facilities.
23. Based on your experience, do you have an opinion as to whether Proposed
District is the best alternative available to provide community development services
and facilities to the area that will be served?
Yes. I do.
24. What is your opinion and the basis for it?
It is my opinion that the Proposed Dislrict is the best alternative for delivering
community services and facilities to the lands within the Proposed District.
There are three (3) other altematives for providing the infrastructure for the necessary
services and facilities besides the Proposed District. The first alternative is for the
County or another dependent special district to build the entire infrastructure. In this
scenario, the County would be assuming a great deal of responsibility related to the
oversight of the day{o-day construction, maintenance, and management of the proposed
services and facilities and landowners ofthese lands. This would increase the burden on
County staff, divert resources from other County developments and projects, and
indirectly force the residents of the entire County to pay for these development
improvements.
The second altemative is for a developer to provide the proposed improvements using
private financing. However, this altemative does not provide any guarantee of a long-
term, consistent entity to oversee construction, maintenance, and managernent of the
proposed services and facilities. Also, a private landowner is not subject to the same
statutory safeguards that the Proposed District, as a public entity, would be subject to,
such as public bidding on contracts and public access to meetings and documents.
7
17.D.19
Packet Pg. 1724 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
Of the three (3) altematives discussed above, only a CDD allows for the independent
financing, administration, operation and maintenance of the land within the District and
allows District property owners to completely control the District Board and, therefore,
the timing and extent of infrastructure development.
25. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by Proposed District will be compatible with the land uses
and existing Iocal and regional facilities and services?
Yes, I do.
26. What is your opinion and the basis for it?
It is my opinion that the proposed services and facilities of the Proposed District are not
incompatible with the capacity and uses of existing local or regional community
development services and facilities.
There is no duplication or overlap of facilities or services because no other entity or unit
of goverffnent is presently funding or providing the improvements proposed by the
Proposed District. Furthermore, the Proposed District is an efficient method to maintain
and manage the necessary infrastructure improvements within the Proposed District
without overburdening the County governrnent and its taxpayers.
27. Based on your experience, do you have an opinion as to whether the area to be
included within the Proposed District is amenable to being served by a separate
special district government?
8
The third altemative is a property owners or homeowners association ("POA"). A POA
is a long-term, stable entity that may be capable of providing the necessary maintenance
of dedicated improvements. However a POA is not subject to the same statutory
safeguards as the Proposed District. Further, a POA cannot impose and collect its
assessments in the same way as property taxes or special assessments levied by a
community development district.
By comparison to the three (3) altematives discussed above, the Proposed District is the
best altemative available to provide for the management and maintenance of various
infrastructure improvements. As a special-purpose local goverffnent, the Proposed
District is a stable, long-term public entity capable of maintaining, and managing the
necessary infrastructure, facilities, and services. The limited purpose and scope of the
Proposed District, combined with the statutory safeguards in place, such as notice of
public hearings and access to district records, would ensure that the Proposed District is
responsive to the infrastructure needs of the lands within its boundaries. The Proposed
District would be able to impose non-ad valorem assessments upon the property within
its boundary to fund the cost of construction and/or acquisition, and maintenance of the
infrastructure and related services.
17.D.19
Packet Pg. 1725 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
Yes. It is my opinion that the Proposed District is amenable to separate special district
governance because it is of sufficient size, compactness and contiguity. Thus, the land
area is u,ell suited to the provision ofthe proposed services and facilities.
28. \\'hat is the basis for your opinion?
Based upon my experience with other special districts of similar size and configuration,
the area to b'e served by the Proposed District is amenable to separate special district
governance. As I have already stated, the area within the Proposed District is of
sufficient size, compactness, and contiguity to function as one interrelated community.
The Proposed District is also limited in purpose and the infrastructure improvements to
be provided by the Proposed District are limited in scope. For these reasons, the
Proposed District is a logical mechanism to oversee lhe construction and/or acquisition
and maintenance of capital infrastructure improvements necessary for community
development within its boundaries. Accordingly, the lands within the Proposed District
have sufficient infrastructure needs and maintenance obligations to warrant a separate
special district government.
Turning to the economic exhibits and opinions, we will begin addressing portion of
the Petition that relate to certain economic anall'sis matters, including the exhitrits
and your expert opinions on economic analysis issucs.
29. Are you familiar with the SERC?
Yes, I am.
30, How farniliar?
I prepared the SERC, attached to the Petition as Exhibit 6.
31. Are there any corrections required?
No, none are required.
32. In general terms, please summarize the economic analysis you have presented in
the SERC.
Based on the information provided by the Petitioner and its consultants, I concluded that
the establishment of the Proposed District will have little or no adverse impact on
affected persons or entities.
Moreover, there will be little to no costs incurred by individuals and corporations located
outside the boundaries of the Proposed District, or any local govemments, on accounl of
the establishment of the Proposed District. Property owners within the Proposed District
will be assessed to fund the construction and/or acquisition of district infrastructure.
9
17.D.19
Packet Pg. 1726 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
However, the special assessments/costs will not be in addition to normal development
costs. Additionally, all of the potential property orvners within the Proposed District will
buy land within its boundary voluntarily, with knowledge of the imposition ofthe special
assessments.
33. Please describe briefly the data aod methodology you used in preparing the
SERC and related analysis.
The SERC I prepared addresses all the statutory requirements set forth in section
120.541(2), Florida Statutes. The analysis contained in the SERC is based on a
straightforward application of economic theory, especially as it relates to tracking the
incidence of regulatory costs and benefits. This methodology is commonly used in the
industry and is appropriate in this circumstance given our experience with other special
districts.
34. Does this conclude your testimony?
Yes, it does.
t0
17.D.19
Packet Pg. 1727 Attachment: Affidavit Prefiled Testimony-Consultant (11563 : Establishment of the Enbrook Community Development District)
BEFORE THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IN RE:PETITION TO ESTABLISH THE
ENBROOK COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTING WRITTEN, PRE.FILED TESTIMONY
STATE OF FI,ORIDA
COUNTY OF LE6
I, Steven A. Martin, Project Manager of Q. Grady Minor and Associates, P.A., a
Florida corporation, d/b/a GradyMinor ("Affiant"), being duly sworn, do hereby state for
my affidavit as follows:
l. I have personal knowledge of the mattcrs set forth in this affidavit
2. My name is Steven A. Martin and I am a Project Manager for Q. Grady Minor
and Associates, P.A., a Florida corporation, d/b/a CradyMinor.
3. The prepared, written, pre-filed testimony, submitted under my name to
Collier County relating to the es(ablishment of the Enbrook 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
Enbrook Community Development District establishment hearing, my oral
answers would be the same as the written answers presented in my pre-filed
testimonY.
5. My pre-filed testimony generally addresses the nature of the services and
facilities to be provided by the proposed Enbrook Community Development
District, the truth and accuracy of the Petition to establish the proposed
Enbrook Community Development District, and compliance with the factors
to be considered in the establishment of a community development district.
[CONTINUED ON FOLLOWING PAGE]
I
17.D.20
Packet Pg. 1728 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook 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 2 rvO day og DeaeuEeR, 2919.
Steven A. Martin
SWORN TO and
6<n
SUBSCRIBED beforc me by the Affiant, on this
2019.
n{
Publ ic State o f Florida
Typed Name of Nota
2d
ry Publicv-'
day of
Personally Known
Type Identification produced
JOtllt{E ITTO
MY Cotll(ssto t@ 3 ?aqtnEs: l5r , A22
8.hdad IL!hJt{.tirrir a.t
)
17.D.20
Packet Pg. 1729 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
TESTIMOLLY OF STEVEI'{ A. MARTIN, ENGINEER
l. Please state your name and business address.
My name is Steven A. Manin. My business address is 3800 Via Del Rey, Bonita
Springs, Florida 34 I 34.
2. By whom are you employed and in what capacity?
I am employed by Q. Grady Minor and Associates, P.A., a Florida corporation, d/b/a
GradyMinor as a Project Manager.
3. And what is the nature of your firm's business?
Grady Minor performs professional engineering, planning, surveying and landscape
architecture services with a special emphasis in land development and municipal
engineering.
4. Please describe your experience and credentials, including your current
employment,
I have been employed in the field ofcivil engineering for l8 years, with I3 ofthose years
in the role of project manager of residential, commercial, and municipal projects. I have
been employed at GradyMinor since 2018.
5. Please provide your professional background, with degrees earned, major areas
of study, year of degree, and institutions attended.
I am a civil cngineer working in land development, and obtained a Bachelor of Science
degree in Civil Engineering in 2001 from the University of Florida.
6. Do you hold any professional designations or certifications?
I attained Professional Engineer status in September 2006, License # 65085.
7. Are you a member of any professional associations?
Not presently.
E. Prior to your current employment, by whom were you employed and in what
position?
I was previously employed with Stantec Consulting Services, Inc. as a Project Manager
in Civil Engineering and Agnoli, Barber & Brundage, Inc. as Project Manager in Civil
Engineering.
l
17.D.20
Packet Pg. 1730 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
9. Do you consider yourself an expert in civil engineering?
Yes.
10. Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts?
For thc Arborwood Community Development District in Lee County, I assisted the
District board by temporarily performing district engineering duties in a transitionary role
after the prior CDD Engineer stepped down from the job.
11. Do you consider yourself an expert in civil engineering, capable of rendering
expert opinions on CDDs, and specifically on infrastructure for CDD services?
Yes
12. What has been your role with respect to the Petition to Establish ("Petition") the
Enbrook Community Development District ("Proposed District")?
I assisted the Petitioner with the preparation of certain of the Petition exhibits firled with
the Collier County ("County") on November 7,2019. Specifically, Exhibits lA, lB,3,
4A, 48, and 5 were prepared, pa(ially or in their entirety, under my supervision.
13. Are you familiar with the Petition?
Yes, I am familiar with the Petition as I have assisted in its preparation, as discussed in
nrore detail in Question #12 above.
14. Have you reviewed the contents of the Petition?
Yes.
15. Are there any changes or corrections to the Petition at this time?
No
16. Are there any changes or corrections to any of the exhibits attached to the
Petition at this time?
No.
17. Are you generally familiar with the geographical areas, type, and scope of
development and the available services and facilities within the Proposed District?
4
Yes, I am
17.D.20
Packet Pg. 1731 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
18. Please provide us with a brief description of Proposed District boundaries and
location?
The Proposed District is generally located west of Tamiami Trail E, east of Collier
Boulevard and south of Manatee Road in unincorporated Collier County, and contains
approximately 65.80 acres.
19. Please describe Exhibits 1A, lB, 3, 4A,48, and 5 of the Petition.
Exhibit lA is the metes and bounds description of external boundaries of the Proposed
District.
Exhibit lB is the map showing the general location ofthe Proposed District.
Exhibit 3 is a map depicting the existing major trunk water mains, sewer connections, and
outfalls in and around the Proposed District.
Exhibit 4,A is the proposed timetable for the construction of the proposed public
improvements.
Exhibit 48 is the estimated cost of construction the proposed public improvements.
20. Are the contents ofthe Petition and exhibits attached to it true and correct to the
best of your knowledge as of the date your prepared testimony is filed?
Yes.
Let me ask you a few questions about certain opinions you may have based on your
experience with CDDs, civil engineering, real estate development, and the
development of lands within Proposed District in particular,
21. Based on your experience, do you have an opinion as to whether the Proposed
District is of sulficient size, sufficient compactness, and sulticient contiguity to be
developed as a functionally interrelated community?
Yes.
22. What is your opinion?
Based on my experience, the Proposed District is of sufficient size, compactness and
contiguity to be developed as one functional interrelated community.
23. What is the basis for your opinion?
5
Exhibit 5 contains a map depicting future general distribution, location and extent of
public and private land uses within the Proposed District.
17.D.20
Packet Pg. 1732 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
For many reasons the Proposed District facilities can be provided in an efficient,
functional and integrated manner. First, there are sufficienl, significant infrastructure
needs for the area within the Proposed District to allow development as a functionally
interrelated community. Second, the specific design of the community allows
infrastructure to be provided in a cost effective manner. The land included within the
Proposed District area is contiguous, which facilitates an efficient and effective planned
dcvelopment. Third, the provision of services and facilities through the use of one
development plan provides a contiguous and homogenous method of providing services
to lands throughout the Proposed District.
24. Based on your experience, do you have an opinion as to whether Proposed
District is the best alternative available to provide community development services
and facilities to the area that will be served?
Yes.
25. What is your opinion and the basis for it?
It is my opinion that the Proposed District is the best available alternative for providing
the proposed services and facilities to the land to be included within its boundaries.
There would be three (3) alternatives to the establishment ofthe Proposed District. First,
the County could perhaps provide the selected facilities. The second and third
alternatives would be for either the developer or a homeowners' or property owners'
association to provide the infrastructure using private financing.
By comparison of the alternatives referenced above, from a planning perspective, the
Proposed District is the best alternative available to provide the necessary infrastructurc
improvements. As a special-purpose "local government," the Proposed District is a
stable, long-term public entity capable of constructing, maintaining and managing the
proposed elements of infrastructure of the necessary facilities and services. The limited
purpose and scope of the Proposed District, combined with the statutory safeguards in
place, such as notice of public hearings and access to district records, would ensure that
the Proposed District is responsive to the infrastructure needs of the Proposed District.
The Proposed District would be able to obtain low-cost financing to provide the
necessary improvements and then impose special or non-ad valorem assessments upon
the property owners within the Proposed District to fund the infrastructure.
Only a CDD allows for the independent financing, administration, operations and
maintenance of the land within its boundaries. Only a CDD allows property owners, and
eventually residents, to completely control the CDD board and, therefore, the timing and
extent of infrastructure improvement and maintenance. Knowing when, where and how
infrastructure will be needed to service the projected population of an area allows for the
smooth delivery of those facilities. The Proposed District exceeds other available
alternatives by focusing attention to when, where and how the next system of
infrastructure will be required for this specific area. This results in a full utilization of
6
17.D.20
Packet Pg. 1733 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
existing facilities before new facilities are constructed. It reduces the delivered cost to
the citizens being served. All other alternatives do not have these charactedstics.
26. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by Proposed District will be compatible with the uses and
existing local and regional facilities and services?
Yes.
27. What is your opinion and the basis for it?
It is my opinion that the proposed services and facilities of the Proposed District will not
be incompatible with the capacity and uses of existing local or regional community
development services and facilities. Currcntly, none of the planned infrastructure
improvemenls that the Proposed District plans to provide exist on the subject property in
a manner that is useful to the proposed development. Each of the elements of planned
infrastructure necessary for the Proposed District will connect into the County's existing,
surrounding infrastructure systems according to criteria, review and approval of the
County. Accordingly, there will be no incompatibility issue.
28. Based on your experience, do you have an opinion as to whether the area to be
included within Proposed District is amenable to being served by a separate special
district government?
Yes. In my opinion, and to the best of my knowledge, the area identified in the Petition is
amenable to being served by a separate special district government.
29. What is the basis for your opinion?
The Proposed District is limited in purpose and the infrastructure improvements to be
provided by the Proposed District are limited in scope. This infrastructure is expected to
directly benefit the development and will be adequately served by a special district
government. In addition, special district governance provides a mechanism whereby
long-term maintenance obligations can be satisfied by the persons primarily using the
facilities and services.
30, Turning now to the state and local comprehensive plan criteria of Section
I90.005(lXe)2., do you have an opinion as to whether the establishment of Proposed
District is inconsistent with any applicable element or portion of the State
Comprehensive Plan?
7
31. What is your opinion?
Yes.
17.D.20
Packet Pg. 1734 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
It is my opinion that the establishment of the Proposed District is not inconsistent with
any applicable element or portion of the state comprehensive plan.
I have reviewed, from a planning and engineering perspective, applicable portions of the
State Comprehensive Plan that relate to the establishment of a community development
district.
The State of Florida Comprehcnsive PIan (Chapter 187, Florida Statutes), "provides long-
range policy guidance for the orderly social, economic, and physical growth of the state."
The State Plan sets forth 25 subjects, goals, and numerous policies. Three subjects are
particularly relevant, from a planning perspective, to the establishment of the Proposed
District: No. 15- Land Use, No. 20- Govemmental Efficiency, and No. 25- Plan
Implementation.
33. What is Subje ct 15 and why is it relevant?
This goal recognizes the importance of locating development in areas that have the
resources, fiscal abilities and service capacity to accommodate growth. Community
dcvelopment districts are designed to provide services and facilities in a fiscally
responsible manner to areas that can accommodate development. The Proposed District
will be a vehicle to provide a high quality of infrastructure facilitics and services in an
efficient and focused manner at sustained levels over the long term life ofthe community.
34. What is Subject 20 and why is it relevant?
35. You also mentioned Subject 25. What is this and why is it relevant?
This subject calls for systematic planning capabilities to be integrated into all levels of
government throughout the state, wilh parlicular emphasis on improving inter-
governmental coordination and maximizing citizen involvement. The Proposed District
will operate through a separate and distinct Board of Supervisors ("Board") who will
systematically plan the construction, operation and maintenance of public improvements
and community facilities authorized under Chapter l9O, Florida Statutes, subject to and
not inconsistent with the local government comprehensive plan and land development
regulations. Further, meetings held by the Board are publicly advertised and open to the
public.
36. Are there any other subjects within the State Comprehensive Plan which are
relevant?
8
32. What is the basis of your opinion?
This goal recognizes the importance of Florida governments economically and efficiently
providing the amount and quality of services required by the public. The establishment
of the Proposed District would economically and efficiently provide the infrastructure,
facilities and services necessary for community development within its boundaries.
17.D.20
Packet Pg. 1735 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
Yes. Subject 17, which addrcsses public facilities, is also relevant. The goal of Subject
l7 is to finance new facilities in a timely, orderly and efficient manner. In particular,
Policy 3 states that the cost of new public facilities should be allocated to existing and
future residents on the basis of the benefits received. Policy 6 also encourages the
identification and implementation of innovative but fiscally sound and cost-effective
techniques for financing public facilities. Establishment of the Proposed District will
further this goal and related policies.
37. Do you have an opinion, as someone with expertise in planning, as to whether
the establishment of Proposed District is inconsistent with any applicable element or
portion of the Collier County Comprehensive Plan?
Ycs
38, What is your opinion?
It is my opinion that the establishment of the Proposed District is not inconsistent with
any applicable element or portion of the Collier County Comprehensive Plan. My
opinion is based upon prior experience reviewing Collier County Comprehensive Plans
(including the curent one), including for purposes of this project, and there not being any
provisions that would render the establishment of a community development district
inconsistent therewith. Furthermore, Chapter 190, Florida Statutes, prohibits a
community development district from acting in a way that is inconsistent with the local
government's comprehensive plan, and the exercising of any power must be done with
the comprehcnsive plan in mind.
39. Does this conclude your testimony?
Yes.
9
17.D.20
Packet Pg. 1736 Attachment: Affidavit Prefiled Testimony-Engineer (11563 : Establishment of the Enbrook Community Development District)
NOTICE OF PUBLIC HEARING
The Board of County Commissioners ol Collier County, Florida ("Board") hereby gives notice to lhe citizens of Collier
County that a public hearing shall be conducled in accordance wih the requirements and procedures 0f Secton
190.005, Florida Sbtutes, at 9:00 a.m., in the Commi$sion Board 8oom, 3'd Floor W. Harmon Tumer Euilding (Bldg
"F") Collier County Govemment C€nte( 3299 TamiamiTrail, Easl, tlaples, Florida, on Tuesday, March 10, 2020.
lie subject ol the Public Heaing is consideration by the Board ol a petiti0n filed by 0.n. Horton,lnc. ('Petitionei'),
lor lhe eshDlishmenl of a Community D8volopnent oisfict ('C0D') lorm 0l speclal purpose local govemment
to be knorE as !!E Enbrook Communily Development Disfict by Collier Counly ordinance pursuanl tf Sedion
t go.ms(4EdmsEMeg ("CDD Pellton'). Ihei,j$hi goiemmenl would serve an area ol land in coltier county
generally desoribsd as followsi
Tho proposed District is localed entkely irl$in Collier county, Florida in a ponion of lhe Enbrcok
Rosidsntial Planned l.,nit Dwelopmont (RPUD), located o0 the south side ol Manatoo Boad approximately
1500 leet east of Collier BoJlevard. Ito pmpossd dlstdd covets approxlmately 65.80+/- acres of land.
Tho sits is l0catod ln S€ctlon 10, Township 51 Soutr, Bango 26 East, as deplcled belo .
SITE
LOCATION
Such community development distict sp€cial purpose go!,enmmt ls a way lo provide inlrastuct re sublocl
t0 $e regulabry requiromenb of boh tE Shte ol Flofida dd Colller County goveming any eisting 0r lut rs
hrvtul use and development ol fis lsnd dessibed aDore, ald speclfically go{eming t€ planning, implemenhton,
tIlalnbnanc, and fimming ol bsslc community lacilities, syslems, and ssNices which may be requlred ol any such
deyol0pmeflt consisbrt wih prlnclplos ot cflcurenq, comprohensive phnning, and developmert permifing.
0n ihr,smber 7, 20'19, Pstitoosr ofllEially $bmitt€d and filed lE CDD k0tion to collier county, along witr tro
application-Eocesslng le€ ol $1 5,000.00 ,or rcrie{ by he Couty.
Ihe BoaId's conslderaton o, fio CDD Pshion t ill comply vuifr S€c{on 190.005(2XbXc), Florlda statlb6,
in conductng fiis Publlc Hssrlng. Iho purpoae of liis headno h to consldor $8 rolationship of he pelition as
submitH, to fis six lac{orB llstod ln Secton 190.005(1Xe), Florlda Silatubs, and ffirmine whe$el Collior County
will osbblls[ ths Enbrook Communlty l]ol,s|opment Dlstid by adoptm ol an ordlnance.
According to the Petition, at loasl hur catrgfiies ol penxxls may be alloded ry hG €conomic coNequences ot
fis flAosd r,istict sstDllshmont Slab ol Fhdda and its cltzofis (mod0st or very small]: Gollier Coulrly and ]b
cilzens (flD(hst or v€ry Emal0; tu Etr€nl prope(y orfle's: rd fie lutun property omers.
A ropy oltis ftdl t8rt ol$o Muon€ds shlemeri 0t eslimatsd rwlabry cosb ln accofltme ryi$ lrE rEquiremfiE
ot Soctiur 120.511, EltlbJIflb$ lndudln0 an aolsnatbo d it compuffo[s and dobrmimtions, ls avallaue
hr revieyr, almg vdfi a clpy of $e tull blt ot t te lotilion and any ol ils &cumonhton, 8t tho offce ol $8 County
Oed( Colller County,3,01 TamlamlTrall, East, Napks, Flofith.
CoplEs 0, the p€tlion, lrrrlch cfiblns li€ legal dsscripdofl ol $o roal proporty b be serylced by tE prop$8d
dislict, ale also on frle at fio Collisr County Comprsh8nslw Plannin0 lhparlmonl at 2800 l{orh Hotseshoe Dive,
tl8ples, Florida. Alllnbrcsbd p€rso{'n ffe invibd b atlsnd.
ll a p€con d€cidos to app€ql any declsloo made by tle Boad ol Comly Commlsshnsls ryih resp€ct to 8ny matbr
cofisldor8d at $ch moGuno 0r h6arhg, he will need a recod 0l liat prtr sdlng,8nd lor such purpce tE may ne€d
to €nsure lhal a verbatm record ol $0 pmcs€dings is mad€, whlch record Indu&s tle tEslimony and eyi&nce
upon wtrlci fis alpoal is to be bas€d.
ll you arc a pclson wilh I dlsablllty wtro rEsds any acsomlrd8tion ln ordsr lo p8rlhipals in fiis proc?€ding, you
ale ert €d, at no cool to yolr, to UD provlsion 0l cerbin assisErce. Pleaso conhct $e Collbt Comty F4ilit0s
ilanagement D is:m, I0catod at 33:i5 TamiamiTrail Erst Sune 't 01 , ihples, Floida 34112-5356, (23S) 252-8380,
at least lw! (a &ys prior to fio me60ng. Assisbd listening dovlces tor tD headng lmpaired are available in fie
Boad ol Coudy Commisslonors otflGl,
RUNjAIES: Febnl8ry 1 1 , Fsbruary,| 8 and February 25
IIADLESI{EWS.COTI I TUESDAY, FEBRUARY 11,2020 I13A 'l
I
I
iLofr
s[.v€'r ! GsirE
FESORiaGOLFc.oB ! -il
L
17.D.21
Packet Pg. 1737 Attachment: Enbrook Ad #1 as Posted 2-11-2020 (11563 : Establishment of the Enbrook Community Development District)
NOTICE OF PUBLIC HEARII,IG
The Board of County Commissioners of Collier County, Florida ("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, 3'd Floor W. Harmon Turner Building (Bldg
"F") Collier County Government Center, 3299 Tamiami Trail, East, Naples, Florida, on Tuesday, March 10, 2020.
The subject 0f the Public Hearing is consideration by the Board of a petition filed by D.R. Horton, lnc. ("Petitioner"),
for the establishment of a Community Development District ("CDD") form ol special purpose local government
to be known as the Enbrook Community Development District by Collier County 0rdinance pursuant to Section
1 90.005(2), Florida Statutes ('CDD Petition). The district government would serve an area of land in Collier County
generally described as follows:
The proposed District is located entirely within Collier Caunty, Florida in a portion of the Enbrook
Residential Planned Unit Development (RPUD), located on the south side of Manatee Road approximately
1500 feet east of'Collier Boulevard. The proposed district covers approximately 65.80+l acres of land.
The site is located in Section 1 0, Township 51 South, Bange 26 East, as depicted below.
Such community development district special purpose government is a way t0 provide infrastructure subject
to the regulatory requirements of both the State of Florida and Collier County goveming any existing or future
larvful use and development of the land described above, and specifically governing the planning, implementation,
maintenance, and tinancing 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.
0n November 7, 2019, Petitioner officially submitted and filed its CDD Petition to Collier County, along with the
application-processing fee of $1 5,000.00 for review by the County.
Tne 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, to the six factors listed in Section 1 90.005(1)(e), Florida Statutes, and determine whether Collier County
will establish the Enbrook Community Development District by adbptiori of an ordinance.
According to the Petition, at least four categories of persons may be atfected 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 ofthe Petitioner's statement of estimated regulatory costs in accordance with the requirements
of Section 1 20.541 , Florida Statutes, including an explanation of its computations and determinations, is available
for review, along with a copy of the full text of the petition and any ol its documentation, at the office of the County
Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal descriptlon of the real property to be serviced by the proposed
district, are also on Iile at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive,
Naples, Florida. All interested persons are invited to attend.
lf a person decides to appeal any decisi0n 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
t0 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.
lI you are a person with a disability who needs any a@ommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision ol certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 1 01 , Naples, Florida 341 1 2-5356, (239) 252-8380,
at least two (2) days prior to the meeting. Assisted listening devices lor the hearing impaired are available in the
Board of County Commissioners Ofiice.
RUN DATES: February 1 1 , Februafy 1 8 and February 25
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17.D.22
Packet Pg. 1738 Attachment: Enbrook Ad #2 as Posted 2-18-2020 (11563 : Establishment of the Enbrook Community Development District)
ilOTIGE OF PUBTIG HEAR!IIG
The Boad ol County Commlsslomrs of Colller County, Florl& ("Bo€rd") hereby glves notice lo he cltizens of Colller
County lhat a publlc hearing siall bo conducted in accodanc€ wlli lhe rcquirumonb and procedures of Sectlon
1m.005, Rorlda S:latules, at 9:00 a.m., in lho hmmbdm Bo0rd Boom, 3d Floor ly. Harnon Tumor Building {Bldg
"F ) Colller County Govenm8nt C,enler, 3its9 Tamiamilrail, kst, llaples, Ronda, on Tuesday, March '10, 2020.
Iie subjecl ol the Publh Hearing ir cffilderation ry $o Board ol a petnion flod by D.R. Horto{r, lnc. {"Pettiomr'),
,or the oshblishmq ol a Communlty Devslopm€flt Dlstict ('C0D') fom ol speclal purlo€e local govemmont
to be hown as he Enbrmk Community D€velopmert Distrlct by Collier County ordinance pursuant to SecUon
1 90.005(2), Florida Statrtes ("CDD P0titon'). ft€ dbfid owemmGnt would serve an arsa ol land in Collier County
gonorally descrlbod as lollowE:
Tl0 propos€d olstrlct b l0cat0d ontroly withln Coll,er County, Florida in a podion of lho Enbrook
B€Eldmlial Planned Unlt Dflelopmont (BPUD), locatod on lhe souh sido ol Manateo Road approximately
1500 hst e83t ol Colller Boulovard. Iho proposod disElc{ co{ers appmximately 65.80+/- affes ot land.
Tns sih ls locatsd ln Sc6lion 10, Tomship 51 Sou$, Rrngs 26 East, as deplctd bolow.
Such clmmuflity developmeni dlstrlct sp€cial pu0cs gwomrnont is a way to Eovide inlrasrtuclure subject
to lhe rogulalory equirsmenb of boh he Shte ol Florldr and Collier County govemino any eristino or luture
lawful uso and dolalopmont ol fio land d8scribed aboye, and sp€clfically governlng $e planning, implementation,
mainten8nc8, 8nd financlng ol basic cammunity hcillties, systems, and sefllors Mnh may be required of any such
deyelopmert coffilsbnt wnh prlnciples ol cononenq,omprelengve plaff flg, ad development pernittiru.
0n Novsmber 7, 2019, Potlioner offcftlly submltl0d and filed ils CDD Petlion l0 Colllsr County, along witi the
applicaton-procssslng l8s ol $1 5,000.1X) lor rBvkr ry $s County.
Ihs goard's closid8raton ol $e CDD htuon will comply rvitr Socton 190.005(2xb)(c), Flodda sbtutes,
h conductng t s Public Heaino. Ire purpose ot itlis hearing ls to consider ihe relationship 0t the petition as
submitted, to lhe six tactolslisbd in S€ction 190.005(1Xe), Horida Shtrtss. and determln€ whether Colller County
wjll establish tie Enbrook Community Dovtlopm€nt Distict by adoption ol an ordinance.
Acco{ding to lhe Petition, at least four categories ol persons may bo ailected by the economic consequences of
lhe proposed distict establishmed State 0l Florida and its citizens (modesl or very small); Collier county and its
citlzens (modost or v$y $nall); he present properly owners; and tho tuture property owners.
A copy ol t E ftIl texl ot fiB Ps,lilion€r's slatsmenl of estimaled regulatory cosb in accodance tr/ith he requirements
of S€ction 120.541, Flotl& Shtutes. hcluding an sxplanation 0t ib computations and determinalions, ls available
lor ra,iew, a,ong rvih a mpy o, &e fulltext of fio potidon and any 0l jb documonta on, at the oflice of the County
Cl6rk, Collsr Courty, 3301 TsmlsmlTrail, Easl, N8d$, Horld8.
Copies of $e potition, Mtich conhlns the logal d8scrlption ol tie real property lo be serviced by the proposed
dlsiict, are also on filo al he Collier County ComEoiensha nanning Department, at 2800 Nor$ Horseshoe Drive,
tlaples, Hffida. All lnierestBd pelsons are lnvitod to attend.
I a person decides to appea] any decision made by he 8o€rd ol County Commissioners witi respect to any matter
considerod al such mseling or hoanng, h0 will nsod a record 0l ttut pmcsedino, and lor such purpos€ he may need
b erBrrB tBt a vrItqtm recod ol ttE FEeedms b mad€, x/hlch rocord irEJra€s lhe lestimony and evldence
upon 'xhl6h $e app3al is b be b6sed,
ll you ar8 a persofl wih a dlsability who nsods any rccommodetion ln fider to panicipalD in this procseding, you
ar8 entitld, at no cosl b yorr, b &o pmyhhn of cstuin asslshms. Please cortsct the Collier County Facilitles
M0mg8ment Divlsion,l0cabd at 33i5 T&nlamllhll E st Sulb 101, Wl€8, Florfib 341t2-5356, (239) 252-8380,
at learl tlvo (2) dsys prlor b fis m00un0. Alslfid lisbnlng dolc€8lollho h€aine impalrod are avallsble ln hegosdd0 nly CommBsiofl6rs ofrc'.
nU{ DAIES: Fobru8ry 1 1 , Ebruary l8 and F8bru8ry 25
SITE
LOCATION
I2A I TUESDAY, FEBRUARY25,2O2O' I'APIISDAILY}IEWS
17.D.23
Packet Pg. 1739 Attachment: Enbrook Ad as Posted 2-25-2020 (11563 : Establishment of the Enbrook Community Development District)
17.D.24
Packet Pg. 1740 Attachment: Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(1 thru 3)_-_Enbrook (11563 : Establishment of the Enbrook
17.D.24
Packet Pg. 1741 Attachment: Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(1 thru 3)_-_Enbrook (11563 : Establishment of the Enbrook
]IUIIUE UT TUELIU IIEAIII Ti
iloflcE 0F tilrEitr T0 coitstDEB AI{ oRDlilAilcE
AN ORDINANCE Of TEE BOARD OF COLINTY COMI,ISSIONERS OF COLLIER COITNTY'
FLORIDA ESTABLISHING TEE ENEROOK COMMI]MTY DEI'ELOPMENT DISTRJCT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAJNING APPRO)SMIITELY
65.t0r- ACRESi PRO\IDING FOR TIIE AUTIIORITY rOR ORDINANCE; PROVIDING FOR THE
ESTABLISEMENI OF TEE BOI]NIXXIES FOR TEE f,NBROOX COMMUMTY DEVELOPMENT
DIST CT; PRO\IDING FOR Tm DESIGNATION OF INITIAL BOARD MEMBERSi PROVIDING
FOR TIIE DISTRICT NAME; PROYIDING FOR STATUmRY PROVISIONS GOVERNING THE
DISTRICTi PROVIDING rOR CONSf,NI TO SPECIAL FOWERSi PROVIDING FOR Pf,TITIONER'S
COMIITMENTS; PROYIDING FOR CONTLICT AND SEyERABILITY; PRO]'IDING FOR
INCLUSION IN TIiX CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTryE DArE.
Tho Board ot County CommissimeB ot Collier Cou[ty, Rodda ('Board') hereby oives nolho to lio cilizens ot Collier
Coudy tlEt 8 publlc hearlng shall be c0rdu6ted ln accoadance wlti ths requilemenb dd procldures 0l Section 1 gO.O05,
fhddAlb!&t 8t 9i00 a.m., in ti8 Commission Board R00m, 3i Floor MministBtion Buildino (Bldg. "F ) Colller County
Gov0mment Cont8r, 3ii01 Tsmhrni Tr8ll, East Naples, Florida, on Tuesday, March 1 0, 20m. The sublecl ol lhs Public Headng
is considsratDn by tte &8rd 0l 8 p€mion filed by 0.R. tlorton, 10c., lor ttre eshbllshmeot ol a Communily Development
Distist (CDD) lom 0t special purposa local oovomment t0 be known as $e Eobrcok Community Developmont Dist ict by
adoptlon oftie 8bov6-stal€d CollierCounty 0rdinanc6 pursuanlto Sec-ton 190.005(2),EQddA Euller ('CDD Miton'). The
disficl goyemmofit rvodd servo afl area ol land ln Collier Cou[ty generally described as follovrs:
The popoed Dlstict is located enlirely wililn Collier CouO, Florida in a porton 0f lhe EnbrDok Residenlial
Plsnned Unit 0ovelopm6nl (BPt 0), lo{atod on the south side ol Manabe F08d appoximately 1500 leet oast
ot Colljer Boulevard. The proposed disficl corca apFlrjnul8ly 65.80+/- acros 0l land. The sile is located in
Seclion 1 0, Towltshlp 51 Souh, Ranoe 26 &s1, as depicted below.
Such communlty dovelopmont disH{t spocial puDo60 govemmenl is a w8y b provldo lnfrasfuc:turo sublecl to the relulatory
r8qulrgmeat ol bot! tle Slrte of Flodda a,|d Colllor County govemlng 8ny elislilq or tub.e lsMul use alld develogment
ol [E hnd d.fdiH abov6, ard spscificafly govomlno d|0 danr ng, implernenblion, duintenaice, and linancing ol b.sic
co.nmunity faclllti68, systorrE, and sorvlcer which may be requlrEd ot any such dovolopment consistenl wlth pdnclplss ot
concullEncy, comFohsnsivs planning, 8nd d0Yel0pm6nt pormmng.
0n tlovember 7, 201 I, Pelitio.rer officlally submltled and flled ib CDD Pstilioo to Colller Coonty, ahng wih fi6 applicalion-
prccasslno lee ol $1 5,m0.00 lbr revisw by the County.
IE Bos,{'s colEldoralior ol tD CDD Potlion will mmply nih Soction 190.005(2NbXc), Earlla$lStdg!, in conducting lhis
Public Hearing. Iie purpos€ ol t s hoaring is b corEider dt6 relalhmhip ol fte p8titiofl as submited, to the sir tactuE
h*od ln Seclion 190.005(l Xo), BAfikllts!,IUS, rod deternino whothsr Collier County will eshbllsh tie Enbrook Communily
DfloloFn€rn DHdcl by adodion ot an ordimnc€.
Accodlng b ho Petltioo, at le€st forlr catooodes ol peEons may be affecled by dle oconomic mnsoquences ot the prcposed
distlct e8hDli$ment Sbte of Florida and ib cltzens (modsst or very smsll); Collior County and it6 citizsns (modest 0r very
sm8l0; tle prEs€af propoo owneB; ard the luture prDp€rly owners.
A copy ol tE tull texl ol tre Petilhne/s sbtmlent ol eslimatod regulsbry ccb In accoldEnce wih tho requiremenb 0f
Section 120.f'41, Flodda Sialules. includino an erphnalion ol ih colnpuhtons and dolermioatio.rs, is avEilsble for rcview,
ahng wih a copyolfEtu bn dthe potithn a,|d.ny 0f lb documefihtloo, atthe otfE! olfte County Clo , Collier County,
3Z€g Tamiani Trall. Ea6t. N0Dles, Flodds.
Coplo6 of he pottion, which conbins tho looal descdpli0n ol tte real properly t0 bo 6elic6d by he proposed district, are
atso on fle at ho Colller Culoty CompIohensivo nollnhg Depatuned, at 286S ihr$ lloneshoo Ddve, tlaples, Fbrids. Ajl
inbrGbd perEo.B aro invibd to aflBnd.
ff I porson docides to appeal any decblon mads by $s Boad 0l County Commlssionels witi respect t0 any matter
coisidorEd al $ch mogtng or hearho, he will noed a record ot tlat paoceoding, 8nd fur such purpose he may need to
erEurc hat a votbatm re@d ol lhe paDa€edin$ is rnade, which record lndudG lhe tesliflrony and evidence upon which
hs appeal is b be ba$d.
lf yoo are a peEon wih a disat ility who needs &ly eumrpdatjon in ordor b pallicipat8 in tiis pmceoding, yo! are .ntited,
al [o cost lD you, to he prcyNor ol codain asskbrce. Pl88se coftcl he Colligr Counly Facililies Manaoement Di$sion,
tocatod 8t 33i5 TsmtamlTratl East sulto 101, Naples, Flod& 34112-5356, (239) 252-8380, at least tt{o (2) days pdor to
dle mostm. Assbtrd listenlno devic€s for tle hean0g imfEircd are svailsile in lio Board ot Coudy CommislimeE oflice.
RUN DAIE: ihlDh 3, 2O2
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XAPLISIIEWS.COU T TUESDAY, MARCH 3,2020 I i'A
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17.D.25
Packet Pg. 1742 Attachment: Enbrook Ad as Posted 3-3-2020 (11563 : Establishment of the Enbrook Community Development District)
17.D.26
Packet Pg. 1743 Attachment: DOCS-#600482-v1-Affidavit_of_Publication_of_Ordinance_&_Notice_of_Establishment_Hearing_(03_03_20)_-_Enbrook (11563 :
17.D.26
Packet Pg. 1744 Attachment: DOCS-#600482-v1-Affidavit_of_Publication_of_Ordinance_&_Notice_of_Establishment_Hearing_(03_03_20)_-_Enbrook (11563 :