Ordinance 2004-27
~ '\0'\'\ 121.3,.
~'ð ~ ~~
Cb IJ: - ~..., (';"' .A
~ ~\ ~ ~ ~~
~ ~ 'DJr ..) " /'.<>.>, ~ ~
: \ \\1 ~ ! ORDINANCE NO. 04- -27 ~?~~~ <' &
\. ~'Ø. AN ¡ DINANCE OF THE BOARD OF COUNTY COMMISSIONER;%~.:O ~ "~
o~6'. ~AJ OLLIER COUNTY, FLORIDA, ESTABLISHING TilE VERONA ~~( é;,'\ %.
è"OZOL:Z9ts1- LK COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE -¿..r~ ~
EXTERNAL BOUNDARIES OF THE nISTRICT; NAMING THE %~/'.
INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; ~«'
NAMING THE DISTRICT; PROVIDING STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, DiVosta Homes LP., a Delaware Limited Partnership, has petitioned the
Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of
the State of Florida, to establish the VERONA WALK COMMUNITY DEVELOPMENT
DISTRICT (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)( e), as required by Section 190.005(2)( c), Florida
Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005
(1)( e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District IS the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
chapter 380 and that the district so established does not have any zoning or permitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a cOlnprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
Page 1 of 3
._,-_..'--
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE VERONA WALK COMMUNITY
DEVELOPMENT DISTRICT.
The Verona Walk Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. Mike Rosen 3. Jeff Murray
270 Tradewinds Avenue 2384 Leafshine Lane
Naples, FL 34108 Naples, FL 34119
2. Chris Schmitz 4. Al Primevera
541 Rookery Place 1009 Nottingham Drive
Jupiter, FL 33458 Naples, FL 34109
5. Reid Schermer
6052 Towncenter Circle
Naples, FL 34119
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Verona Walk Community Development District."
SECTION FIVE: ST A TUTORY PROVISIONS GOVERNING THE DISTRICT
The Verona Walk Community Development District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX: CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the Verona Walk Community Development
District will be duly and legally authorized to exist and exercise all of its general and special
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its limited powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may c0ntract with the appropriate
Page 2 of 3
. .-.-.
local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012 (2), Florida Statutes.
SECTION SEVEN: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION NINE: EFFECTIVE DATE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 2ih day of April, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.,'
AtT~T\:~riWIGHTE. BROCK 4J-rr- d~&.
" ,"" .'
,':> , . .. '
~ ) , ." BY:
-',
.'<C,
DONN FIA Ã'-CHAIRMAN
, .# ¥~'"ne y Clerk
.A -Un &$'~ CfteI_~~ This ordinance filed with ttle
S'f~J:t " T' ¡.
ure"rmJ '" Secr~ry of Sta IS pff~~~¥
' ~ ':",' , ','),
Approved as to'form .3a.1 ay of , ,
: ond acknowled ement ~ that
nd legal sufficiency: ' =~ce¡v- d~:~~ V
B 1:)epu1y credo::
Patrick G. hite,
Assistant County Attorney
GH/mk/v;\comp plan/ORD.
Page 3 of 3
,_._, , ,..-..,.-...--..-..,--..-
WilSônMiller œ
yo
New Direc/ions In PIJnning, Design & Engil¡eering
EXHIBIT A
Description of part of Sections 26, 34 and 35,
Township 50 South, Range 26 East, Collier County, Florida
(VeronaWalk Community Development District)
AI//hal part at Sections 26,34 and 35, Township 50 South, Range 26 Eas/, Collier County, Florida, being
more particularly described as follows;
Commencing at the northeast corner of said Section 26;
Thence along Ihe easlline of said Section 26 South 00"14'00" East 30.00 feet to the Point of Beginning of
the parcel herein described;
Thence conlinue along said line South 00"14'00" East 2606.72 leello the east Yo Corner of said
Section 26;
Thence continue along said line South 00014'36" East 1614.70 feet;
Thence leaving said section line South 64048'50" West 219.05 feet;
Thence southwesterly, 254.56 feel atong the arc of a non-tangential clrcutar curve concave to Ihe
northwest, having a radius of 730.00 feet, through a central angle of 19°58'46" and being
sub tended by a chord which bears South 50°41 '35" West 253.27 feet;
Thence South 60°40'58" West 1167.94 feet;
Thence southwesterly, 290.77 feet along the arc of a circular Curve concave to the northwest,
having a radius of 1060.00 feel, through a cenlral angle of 15°43'01" and being sublended by a
chord which bears South 68°32'29" West 289.86 feet;
Thence South 76°23'59" West 239.18 feet;
Thence southwesterly, 186.65 feel along Ihe arc of a circular curve concave to the southeast,
having a radius of 440.00 feef, Ihrou gh a cenlral angle of 24 °1 8'20" and being sub tended by a
chord which bears South 64°14'49" West 185.26 feet;
Thence South 12°46'30" West 260.99 feet;
Thence South 23°07'39" West 19.91 feet;
Thence South 41 °44'40" West 398.87 feet;
Thence North 61 °26'28" West 229.89 feet;
Thence southwesterty, 368.63 feet along the arc of a non,tangential circuJar CUrve concave Jo the
southeast, having a radius of 2079.99 feet, through a central angle of 10°09'16" and being
subtended by a chord which bears South 41 °09'32" West 368.15 feet to a point of compound
curvature;
Thence southwesterly, 289.24 feet alon9 the arc of a circutar curve concave to the southeast,
having a radius of 1907.24 feel, th rough a central angle of 08.41'21" and being su bien ded by a
chord which bears South 31°24'42" West 288.96 feet;
Thence South 2r08'26" West 37.52 feet;
Thence South 86°58'08" East 188.17 feet;
Thence South 24 °44'59" East 97.63 feet;
Thence South 2rO7'58" West 159.97 feet;
Thence South 74 °02'37" West 249.39 feet;
Thence South 79°03'56" West 20.96 feet;
Thence South 2r08'26" West 303.10 feet;
Thence South 59°24'24" West 11.32 feet;
Thence South 76°25'50" West 58.00 feet;
Thence South 2r08'26" West 565.60 feet;
Thence southwesterly and westerly. 425.33 feet along the arc of a circutar curve concave to the
northwest, having a radius of 360.00 feet, through a central angle of 67°41 '38" and being
subtended by a chord which bears South 60°59'15" West 401.02 feet to a point of reverse
curvature;
Thence southwesterty, 134.28 feet atong the arc of a circular curve concave to the southeast,
having a radius of 240.00 feet. through a central angle of 32"03'24" and being subtended by a
chord which bears South 78°48'22" West 132.53 feet;
Naples. Fort Myers. Sarasota. Tampa. Panama City Beach. Tallahassee
3200 Bailey Lane, Suite 200 . Naples, nom/a 34105 . 239-649-4040 ~ 239-6435716 I~II)
61312003- 98312 Ver: 02'. Mae"".n www. wilsonmiIJer. com
C"-'"
>1050& C<J7-003- . o 1v,1'-"n~,I,II""I", Ii ," ,/,' ':"",1/ /11 /.',1 II
-.. - - ---. ".- -----..
--..-.--....
WilsônMiller'
...
Nell' Oiicc/IOIIS III PI.1lml!l(j. O';SI(j1l & Engilleerlng
Description of part of Sections 26, 34 and 35,
Township 50 South, Range 26 East, Collier County, Florida
(VeronaWalk Community Development District)
Continued:
Thence South 00°37'53" West 151.97 feet;
Thence North 89022'07" West 110.00 feet'
Thence South 63°27'56" West 783.22 feet;
Thence South 71"25'27" West 507.06 feet to a poin t lying 60 feet east of the wes t Hne of said
Section 35;
Thence along said line North 00°50'06" East 474.23 feet;
Thence continue along said line North 00°52'55" East 2619.36 feet;
Thence Sooth 89'33'56' East 40.00 feet to a point lying 100 feet east of the west line of said
Section 26;
Thence along said line North 00°50'24" East 2633.11 feet;
Thence conlinue along said line North 00'50'18" East 2604.58 feet to a paint lying 30 feet south
of the north line of said Section 26;
Thence along said line, South 89°37'03" East 2541.99;
Thence continue atong said line South 89°37'26" East 2642.08 feet 10 the Point of Beginning 01
the parcel herein described;
Containing 754.3 acres more or less
ALONG WITH
Commencing at the northeast corner of said Section 34;
Thence along the east line of said Section 34 South 00°52'55" West 674.12 feet;
Thence leaving said section line North 89"07'05" West 40.00 feet to the Point of Beginning of the parcel
herein described;
Thence South 00'52'55" West111 0.23 feet to a point on the north line of that land recorded in
Official Record Book 1970, page 1667 Public Records of Collier County, Florida;
Thence along said line North 89°07'05" West 539.68 feet;
Thence leaving said line North 35°39'05" East 175.97 feet;
Thence nodheasterty 1066.66 feet atong the arc of a tangential circular CulVe concave to the
northwest having a radius of 2964.93 feet through a central angle of 20"36'46" and being
sublended by a chord which bears North 25°20'42" East 1O60.92 feet to the Paint of Beginning of
the parcel herein described.
Containing 5.7 acres more or less
Containing 760 net acres more or less
Subject to easements and restrictions of record
BearinGs are based on the east line of said Section 26 being South 00°14'00" East.
7)/'?/~ / ,-"] ß? ')
By ~ /'-../(,L1VJ v( I 1;:'/(..'/}.'-VIc.'---- -
Marcu~ L. Berman, P.S.M. LS # 5086
Certificate of Authorization # LB-43
Ref. 3E-21
Date: September 21, 2001
Revised: February 21,2002
Revised: June 6, 2002
Revised: August 12, 2002
Revised: June 3, 2003
6.>31200J. 98312 Vec 020. MB.om.n
c"-,,,
UO506üO7-00J.. 0
--.- .-.....-- '--..-
.-...
NAPLES HERITAGE
NAPLES GOlF AND COUNTRY CLUB
HERITAGE
GOLF SAN
AND IIARIND
COUNTRY
CLUB NAPLES NATIONAL 12
GOlF ClUB 11 7
10
THE CLUB ESTATES
FIRST
17 ASSEIIBL Y
NAPLES LAKES OF GOO
COUNTRY ClUB 14 13
15 SWAIIP 18
HAIlIIDCK PARK BUGGY
COMIIERCE DAYS
CENTRE
LHY
COUNTRY
CLUB
(DRI)
21 22 24 19
20
8A8AL PALM R(W)
LELY, A R ORT COI.IIIUNITY
DRI)
26 PROJECT
28 27 PROPOSED LOCATION
VERONA WALK COD 25
30
33
36 31
WINDING
C'I1'RESS
(DRI)
2 NAPLES RESERVE
GOLF CLUB 6
1
LANDS END
PRESERVE
I 10 11
Æ 7
ASOW BUSINESS
CTR OF NAPLES
IIARCD SHORES/
FIDDLER'S CREEK
(DRI)
LOCATION MAP
---. -- ,"."'--- --....----.........-..-...'" -
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-27
Which was adopted by the Board of County Commissioners on
the 27th day of April, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of April, 2004.
, .
DWIGHT E. BROCK ./
Clerk of Cou~ts arid,Clerk
Ex-officio to Board 'of
County Commissioners "-
~~ .-
,'"
" .,0.
BY:Maureen K. . ,OIl! ,i( \ -
Deputy Clerk'"
.--. --"--'-
--. .. ""-""'"
.......-. .. --_..