notice of public hearing and intent to enact an ordinance establishing the kingston one community development district

10/3/2023

notice of public hearing and intent to enact an ordinance establishing the kingston one community development district

When: Tuesday, October 3, 2023
9:30AM


Where: Old Lee County Courthouse
2120 Main Street
County Commissioners' Chambers
Fort Myers, FL 33901

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 KINGSTON ONE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; AUTHORIZING THE EXERCISE OF SPECIAL POWERS; 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 FROM CONSIDERATION 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, October 3, 2023 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 CAM7-SUB, LLC, on June 27, 2023, to establish a Uniform Community Development District to be known as the Kingston One Community Development District (District) in accordance with Ch. 190, Florida Statutes.  Specifically, the Board will consider the six factors listed in Section 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 Sections 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 including the following basic infrastructure: water management; water supplies; sewer and wastewater management; bridges or culvert; district roads; and other projects within and outside the district boundary for which a Development Order may be issued. Additional powers for parks/recreation and security systems have also been requested pursuant to Section190.012(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.  The land area is generally located on the north and south sides of Corkscrew Road, approximately 6.8 miles east of the intersection of Corkscrew Road and Alico Road, and adjacent to conservation property owned by South Florida Management District and Audubon Society, and comprises approximately 2,429.13 contiguous acres. The boundaries of the properties to be serviced by the proposed Community Development District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District that will be excluded from the District.

If adopted, the Ordinance will establish a Community Development District and designate the land to be serviced by the District. A 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 Ch. 190, Florida Statutes, is not a development order under Ch. 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 Estimated Regulatory Costs (SERC), prepared by Inframark, 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. 

Copies of this Notice, the proposed Ordinance, and the Kingston One Community Development District Petition and its documentation are on file in the Office of Lee County Community Development. The public may inspect or copy the Ordinance and Petition during regular business hours at the Department of Community Development located at 1500 Monroe Street, Fort Myers, Florida, (239) 533-8585. 

The Ordinance, if adopted by the Board at this meeting, will take effect upon its filing with the Office of the Secretary of the Florida Department of State.

This meeting is open to the public. Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals on the basis of race, color, national origin, sex, age, disability, religion, income or family status. To request language interpretation, document translation or an ADA-qualified reasonable modification at no charge to the requestor, contact Joan LaGuardia, (239) 839-6038, Florida Relay Service 711, at least five business days in advance. El Condado de Lee brindará servicios de traducción sin cargo a personas con el idioma limitado del inglés.

The form and content of this Notice is in compliance with Chapters 125 and 190, Florida Statutes.

Please govern yourself accordingly.

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