​Notice is hereby given that the Board of County Commissioners of Lee County, Florida, will consider the enactment of one County ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapters 125 and 190, Florida Statutes.  The proposed County ordinance title is as follows:

AN ORDINANCE ESTABLISHING BRIGHTWATER COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; ESTABLISHING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; ESTABLISHING THE GOVERNING DISTRICT CHARTER AS FLORIDA STATUTES CHAPTER 190; PROVIDING FOR NOTICE TO SUBSEQUENT PURCHASERS; PROVIDING FOR MODIFICATIONS THAT MAY ARISE AT PUBLIC HEARING; AND PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.

There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida.  The public hearing will be held on Tuesday, January 16, 2018, at 9:30 a.m., or as soon thereafter as it can be heard.

The purpose of this hearing is to consider a Petition filed by North Brook Holdings, LLC, on June 21, 2017, as amended, to establish a Uniform Community Development District to be known as the Brightwater Community Development District ("District") in accordance with Chapter 190, Florida Statutes.  Specifically, the Board will consider the six factors listed in §190.005(1)(e), Florida Statutes.  This hearing will also afford the Petitioner, affected units of local government and the general public a fair and adequate opportunity to appear and present oral and written comments regarding the establishment of the District.

The specific legal authority for the establishment of the District is set forth in §§190.004 and 190.005, Florida Statutes.  If adopted, the District will be granted the power to finance, fund, plan, establish, acquire, construct or re-construct, enlarge or extend, equip, operate and maintain systems and facilities for the following basic infrastructure:  water management; water supplies; sewer and wastewater management; bridges and/or culverts; District roads and other projects within and outside the District boundary for which a local development order may be issued.  Additional powers for parks/recreation and security systems have also been requested pursuant to §190.012(2)(a) and (d), Florida Statutes, to be approved concurrent with the establishment of the new District.

The land area to be served by the District is located in unincorporated Lee County, Florida, and bounded on the north by Henderson Grade Road; on the south by Leetana Road; on the east by Pritchett Parkway; and on the west by I-75. The property is located within Sections 16 and 21, Township 43 South, Range 25 East, in North Fort Myers, Lee County, Florida.  The boundaries of the properties to be serviced by the proposed District are outlined in the map depicted in this notice. 

Brightwater District Map

If adopted, the ordinance will establish a Uniform Community Development District and designate the land to be serviced by the District.  A Uniform Community Development District government is a mechanism to ensure the provision of infrastructure subject to State and local regulatory requirements governing the lawful use and development of the property.  Creation and establishment of a district pursuant to Chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes.  All planning, permitting and other regulatory requirements pertaining to development within the land area must be in accordance with general and special law and applicable Lee County regulations. 

An independent Statement of Economic Regulatory Costs (SERC) prepared by DPFG Management and Consulting, LLC, determined that the categories of persons that may be affected by the economic consequences of the proposed District's establishment are: the State of Florida and its citizens, Lee County and its citizens, the Petitioner, and present and future owners of property within the areas to be serviced by the District.  The SERC anticipates the costs and benefits derived from the District's establishment and operation and describes the costs and benefits in detail.  A copy of the SERC is available for review along with the Petition.

Copies of this Notice, the proposed Ordinance, the Brightwater Community Development District Petition, and its attendant documentation, are all on file and available for public inspection or copying during regular business hours in the Minutes Office of the Clerk of the Circuit Court of Lee County, located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida.  These items are also available for public inspection or copying at the Lee County Department of Community Development at 1500 Monroe Street, Fort Myers, Florida.