Ordinance 2006-33
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\ l\LW1~ .' INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~ C .ER COUNTY, FLORIDA, ESTABLISHING AND NAMING
~~Ll:O't ESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT;
. ESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND
COMMITMENTS 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.
ORDINANCE NO. 2006..3 3
Recitals
WHEREAS, WCI Communities, Inc., a Delaware corporation, has petitioned the Board
of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State
of Florida, to establish the ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005,
Florida Statutes; and all statements contained within the petition are true and
correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
1
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT.
The Artesia Naples Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A," attached hereto and incorporated by
reference herein.
SECTION THREE: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Artesia Naples Community Development District."
SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors: Paul Erhardt, Mark Webb, Bob Radunz, Butch Stewart, and Matt Hermanson,
all of24301 Walden Center Drive, Bonita Springs, FL 34134.
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Artesia Naples 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 Artesia Naples Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the following: that the Petitioner, its
successors and assigns, shall (1) elect one resident of the District to the five member Board of
2
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.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this .;(OfJa day of 0 un e. , 2006.
ATTEST: DWrGH[. E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
By: .J1I'
FRANK HALAS, IRMAN
B1!.lluU ~. O-c.
~. Attest II'.. llfk
l1taltlre oal," .
This ordinance filed with th~
~; ~:~ O,f~t';,
and acknowledgeme~t.. 'If that
flll~ this <:1!.2- day
of.By (:~.C1d .
U'ly 1<
3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT
TO SECTION 190.0005(2), FLORIDA STATUTES
TO ESTABLISH ON PROPERTY PROPOSED IN
PETITION THE ARTESIA NAPLES
COMMUNITY DEVELOPMENT DISTRICT
/
PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE
OF A COMMUNITY DEVELOPMENT DISTRICT NAMED
ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT
Petitioner, WCI Communities, Inc. ("Petitioner"), by and through its undersigned
attorney, petitions the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (the "Commission") to adopt an ordinance: establishing, on the proposed property,
and recognizing the community development district ("District") created and chartered by the
Uniform Community Development District Act of Florida, Chapter 190, Florida Statutes (2006
and hereafter); acknowledging the uniform District charter contained in Sections 190.006
through 190.041, therein, and as referenced by Section 190.004(4), Florida Statutes; establishing
the District on the property proposed in this Petition and designating the initial District Board of
Supervisors; and, designating the proposed land area within which the District may manage and
finance its basic infrastructure systems, facilities, services, improvements, and projects.
In support thereof, Petitioner submits:
1. Petitioner, WCI Communities, Inc., a Delaware corporation, has its principal
place of business at 24301 Walden Center Drive, Bonita Springs, Florida 34134, and its Vice
President and Treasurer is Ernest Scheidemann.
2. The land area to be served by the District is located wholly within unincorporated
Collier County, Florida. The land area is bounded on the north by an unplatted LESNAP
residential area; on the east by Barefoot Williams Road; on the south and west by Rookery Bay
National Estuary Sanctuary and comprises approximately 261.6 contiguous acres, more or less.
A map showing the location of the land area to be serviced by the District is attached as Exhibit
"I".
3. A metes and bounds legal description of the external boundaries of the District is
attached as Exhibit "2". There is no real property within the boundaries of the District which is
to be excluded from the jurisdiction of the District.
1
4. Attached as Exhibit "3" is documentation constituting the written consent to
establishment of the District by the owners or controllers of 100% of the real property to be
included in the land proposed to be serviced by the District.
5. The five (5) persons designated as the initial members of the Board of Supervisors
of the District, who are citizens of the United States and residents of the State of Florida, and
who shall serve in that office until replaced by elected members, as provided in Section 190.006,
Florida Statutes, are:
(1) Paul Erhardt
24301 Walden Center Drive
Bonita Springs, Florida 34134
(2) Butch Stewart
24301 Walden Center Drive
Bonita Springs, Florida 34134
(3) Mark Webb
24301 Walden Center Drive
Bonita Springs, Florida 34134
(4) Matt Hermanson
24301 Walden Center Drive
Bonita Springs, Florida 34134
(5) Bob Radunz
24301 Walden Center Drive
Bonita Springs, Florida 34134
6. The proposed name of the District is the "Artesia Naples Community
Development District". The District charter is a uniform charter created expressly in uniform
general law in Sections 190.006 through 190.041, Florida Statutes.
7. Maps of the land area proposed for the establishment of the state-created,
statutory District, showing current major trunk water, sewer interceptors, utilities and outfalls, if
any, are attached as Exhibit "4".
8. The proposed timetables and estimated related costs of construction and provision
of District systems, facilities and services which are contemplated by Petitioner and which may
be proposed to the District's Board of Supervisors, when established, and based upon available
data, which are subject to change, is attached as Exhibit "5".
9. Collier County (the "County") has adopted all mandatory elements of its Local
Government Comprehensive Plan ("Plan") in accordance with Chapter 163, Florida Statutes, and
Collier County has completed its revised plan for minimum criterion review pursuant to Chapter
2
9J-5, Florida Administrative Code. The Plan designates the land area proposed to be serviced by
the District as "Urban Mixed Use District, Urban Coastal Fringe Subdistrict". A copy of the
entire Plan is on file with the County staff so that accordingly, Exhibit "6" attached hereto
consists only of the portion of the Future Land Use Map from the Plan applicable to the land area
proposed to be serviced by the District. The Future Land Use Map shows the future general
distribution, location and extent of public and private uses of land contemplated by the Plan of
the County for the area proposed to be serviced by the District. County Ordinance No. 2003-04
designates the land proposed to be serviced by the District as zoned Planned Unit Development
(PUD).
10. A Statement of Estimated Regulatory Costs ("SERC") of the Commission's
granting of the Petition, and the establishment of the District pursuant thereto, in accordance and
in compliance with Sections 190.005(1)(a)(8) and 120.541, Florida Statutes, is attached as
Exhibit "7".
11. Petitioner contemplates a petition by the District, once established, to obtain
consent of the Commission, as provided by Chapter 190.012(2), Florida Statutes, to exercise
some or all the powers granted therein to the District by general law charter.
12. Petitioner attaches, as Exhibit "8" to this Petition, discussions by qualified
engineers and planners providing information for use by the County and its staff in consideration
of the six factors for establishment of the District on the proposed property, and in support of the
Commission granting this Petition, and as additional materials in support of the statements in this
Petition, alleges as follows (with the sequence re-ordered such that the criterion set forth in
Section 190.005(1)(e)(4) discussed last):
A. The Petitioner hereby affirms that all of the statements contained herein
are true and correct, in compliance with Sections 190.005(2)(a) and 190.005(1)(e), Florida
Statutes.
B. As according to the Future Land Use element of the Plan, the future land
use designation for the land area proposed to be included in the District is "Urban Mixed Use
District, Urban Coastal Fringe Subdistrict." The District, if established on the proposed
property, would not be inconsistent with the policies under the future land use Urban Mixed Use
District, Urban Coastal Fringe Subdistrict category of the Plan. For a further discussion on these
matters and related applicable Plan matters and also the State Comprehensive Plan, please
reference Exhibit "8".
C. The land area proposed to be included within the state-created statutory
District is comprised of approximately 261.6 contiguous acres which are of sufficient size,
sufficiently compact and contiguous sufficiently to be developable as one functional, interrelated
community as discussed in Exhibit "8".
D. The community development systems, facilities and services to be
provided by the District on the proposed property will supplement, and will not in any way be
3
incompatible with, existing roads and other local and regional community development systems,
facilities and services on the proposed property. This matter is described further in Exhibit "8".
E. The area proposed to be served by the District is amenable to separate
special district government in the light of the information to be considered regarding the other
factors. This matter is described further in Exhibit "8".
F. Because the information in the Petition is true and correct; because
establishment is not inconsistent with applicable local or state comprehensive plans; because the
land area is of sufficient size and compactness, and is contiguous sufficiently, to be developable
as one functional interrelated community; because the systems, facilities and services of the
District will not be incompatible with the capacity and uses of existing local and regional
community development systems, facilities and services; because the land area proposed to be
served by the District is amenable to separate special district government; and because, if
established on the proposed property, following the procedures in Section 190.005(2), Florida
Statutes, the District will constitute a mechanism for timely, efficient, effective, responsive and
economic delivery of its systems, facilities and services; the District is, therefore, the best
alternative available for delivering these systems, facilities and services to the proposed property
in light of the services, systems and facilities which would be provided otherwise as discussed in
more detail in Exhibit "8".
13. Petitioner attaches, as Exhibit "9" to this Petition, the Testimony of Ernest
Scheidemann, Vice President of WCI Communities, Inc.
WHEREFORE, Petitioner respectfully requests the Commission to:
A. Direct its staff to notice, as soon as practicable, a local, public, non-emergency
and information gathering public hearing for the adoption of an ordinance hearing pursuant to the
requirements of Section 190.005(2)(b), Florida Statutes, on the subject of whether to grant this
Petition for the establishment on the proposed land area of the Artesia Naples Community
Development District and to enact the ordinance establishing the District.
B. Grant this Petition and adopt the ordinance to establish the District in conformity
herewith: expressly to designate in the ordinance the land area to be the land served by the
District, the name of the District, and the initial Board of Supervisors of the District and
expressly to recognize in the ordinance, by statutory citation, that the uniform and exclusive
general law charter of the District was created by the Florida Legislature in Sections 190.006
through 190.041, Florida Statutes. Further, recognize the impending petition to allow the
District to exercise powers granted by law under Section 190.012 (2), Florida Statutes, and that
such potential exercise has been reviewed and assessed to the date of the ordinance. Finally,
provide that, with regard to any future specific consent by the County to exercise by the District
of any other special powers granted expressly in its general law charter, the legal existence and
authority of the District, as created by State law and as established by this ordinance, shall have
thereby been decided.
4
APPROVED FOR SUBMISSION TO COUNTY:
E~
Vice President and Treasurer
WCI Communities, Inc.
24301 Walden Center Drive
Bonita Springs, FL 34134
(941) 947-2600
{'~
RESPECTIVELY SUBMITTED AND FILED to Collier County this ~ day of April, 2006.
~COLEMAN & JO~SON, P.A.
Gregory L. Urbancic, Esq.
and
Richard D. Yovanovich, Esq.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
Phone: (239) 435-3535
Facsimile: (239) 435-1218
Attorney for Petitioner
WCI Communities, Inc.
5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that one original and five (5) true and correct copies of the foregoing
Petition for Establishment by County Ordinance of a Community Development District Named
Artesia Naples Community Development District was furnished via hand delivery to Marcia
Kendall, Planner, Comprehensive Planning Department at Collier County Community
Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples,
~
Florida 34104 on this 1 day of April, 2006.
S:\Greg\Client Folders\WCI\Artesia Community Development Oistricl\Petition to Establish Oistricl.doc
6
EXHIBIT LIST:
EXHIBIT I : LOCATION MAP
EXHIBIT 2: LEGAL DESCRIPTION
EXHIBIT 3: LANDOWNER WRITTEN CONSENT
EXHIBIT 4: MAPS
EXHIBIT 5: PROPOSED TIMETABLES AND ESTIMATED RELATED COSTS OF
CONSTRUCTION, ETC.
EXHIBIT 6: FUTURE LAND USE MAP
EXHIBIT 7: STATEMENT OF ESTIMATED REGULATORY COSTS
EXHIBIT 8: DISCUSSION OF ENGINEERS AND PLANNERS
EXHIBIT 9: TESTIMONY OF VICE PRESIDENT
7
~1?~U\- CDD
PETITIONERS COMPOSITE EXHIBIT "i-A"
PROJECT LOCATION
24
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25
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23
28
32
LOCATION AND PUBLIC FACILITY MAP
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EXHIBIT
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LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT
WCI Communities, Inc., a Delaware corporation ("WCI"), by and
through its authorized representative, Ernest Scheidemann, Vice President
and Treasurer, hereby certifies that WCI, with its principal place of business
at 24301 Walden Center Drive, Bonita Springs, Florida 34134, is the owner
and controller of certain property as more particularly described as follows:
See Exhibit "A" attached hereto and made part hereof
By signing below WCI, as owner and controller of 100% of the
proposed land to be included in the establishment of the Artesia Naples
Community Development District ("District"), as evidenced in the deed
records of Collier County gives full consent to the expansion of the District
in accordance with Chapter 190.005, Florida Statutes, and consents to the
inclusion of its property within the proposed boundaries of said District.
Executed as of this '3 () day of March, 2006.
WCI Communities, Inc.
BY:~~
Ern t Scheldemann
Vice President and Treasurer
Acknowledgement:
State of Florida }
County of Lee }
-0'
The foregoing instrument was acknowledged before me this 36 - day
of March, 2006, by Ernest SCheidema~ice President and Treasurer, on
behalf of WCI comm~iAs, Inc. who i ersonally known to~r who has
produced Ie) I . as identifica~
Notary Publi~ .. ~~
..~':t.~"~it- ... l~ALDWELL Printed Name: ~ t U AcI:>cD5L-L-
l..: IJ'..\ MY COMMISSION II DO 383805 C'" .? I I '::lL I ~ """'" c
~:.. ,.:. EXPIRES: February 13,2009 ommlsslon Explres.~
~~:f.iif.~' Bonded Thru Notary PubIi<I UndtlWMleI1
r EXHIBIT
j 3
CHICAGO TITLE INSURANCE COMPANY
4210 METRO PKWY., #130, FORT MYERS, FL33916
(239)275-8212
OWNERSHIP AND ENCUMBRANCE REPORT
WCI Communities, Inc.
24301 WALDEN CENTER DRIVE
BONITA SPRINGS, Florida 34134
Attn: Ann Raczko
File No.: 240601271
LEGAL:
See Attached Exhibit "A
We have made a search of the Public Records of Collier County, Florida. through March 10, 2006 at 11 :00 PM and the
apparent record owner Is WCI Communltites, Inc., a Delaware corporation, by virtue of that certain Trustee's Deed
recordeclln Official Records Book 3945, Page 1533, of the Public Recordsof Collier County, Aorida.
This search Is based upon the legal description set forth herein. In the event the customer has furnished only a street
address, the Company assumes no liability hereunder In the event the legal description set forth herein and the
Information pertaining thereto do not properly relate to the street address.
The said land is subject to liens and encumbrances as follows:
1. Easement Deed recorded in Official Records Book 182, Page 256.
2. Ordinances No. 75-20, 75.21 and 75-24 recorded In OffIcial Records Book 619, Pages 1177 through 1381.
3. Resolution recorded In Official Records Book 649, Page 1239.
4, Easement recorded in Official Records Book 244, Page 266.
5. Agreement recorded in Official Records Book 1114, Page 618.
6. Resolution recorded In Official Records Book 1142, Page 1796.
7. Easement recorded in Official Records Book 3619, Page 3830.
8. Sidewalk Construction Agreement recorded In Official Records Book 3619, Page 3799.
9. Environmental Resource Permit Notice recorded in Official Records Book 3614, Page 3208.
10. Termination of Easements recorded in Official Records Book 3449, Page 2135.
11. Deed of Conservation Easement recorded in OffIcial Records Book 3956, Page 3518.
12. Notice of Commencement recorded in OffICial Records Book 3984, Page 325.
NOTE: Agreement recorded In Official Records Book 3859, Page 3211, and Non-Exclusive Temporary Access
Easment Agreement recorded in Official Records Book 3929, Page 1732.
OANOE 1/1'/8 sa
We exhibit all cert~ied Judgments, Uens, and Decrees for money against the grantee in the last deed of record
contained in the foregoing Certificate by the exact names and Initials as therein shown (and not otherwise) except
all Judgments, Liens, and Decrees for money which appear to be satisfied or released of record or have expired
pursuant to Florida Statute 55.10, and all certified Judgments entered 20 years prior to the date certified to herein.
other than those rendered in the name ot the United States. No search has been made of the Index In the district
office of the I ntemaJ Revenue Services under Section 6323 (1) (4) of the Internal Revenue Code. Tax information Is
provided for Informational purposes only.
The customer acknowledges and agrees that in the event of any error or omission by CHICAGO TITLE INSURANCE
COMPANY which results In loss to the customer, CHICAGO TITLE INSURANCE COMPANY liability shall not exceed
the lesser of the customer's actual loss ordamage. or $1.000.00, whichever Is less.
This search Is not a Title Insurance Polley and should not be relied upon as such. For full protection, a Title
Insurance Polley should be secured.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused these presents to be signed and its
Corporate Seal affixed hereto on March 30, 2006.
CHICAGO TITLE INSURANCE COMPANY
~~~
Greg R. HUI
2
com 02/00 S8
PROPE8'I'X-lJESPRIPT1QN
A PARCEL OF LAND LOCATE1J IN THE SOUTH 1/2 OF SECTIONS 4 AND 5, TO'MISHIP
51 SOUTH. RANCE 26 EAST, COWfR COUNTY. FLORiDA BEING MORE PARTICULARLY
DESCRIBED AS FOi.LOWS:
8E!i//:J. A T THE SOUTHKf5T CORNER OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY. FLORIDA; THENCE RUN N 89"39'18" W. ALONG THE SOUTH
UNE OF THE SOUTHEAST QUARTCR (S.f. 1/4) OF SECTION 5, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORfDA. FOR A DISTANCE OF 1,311.2J FEET TO
THE SOUTH'KST CORNER or THE SOUTHEAST OUARTER (s.!. 1/4) OF THE
SOUTHEAST QUARTER (S.f. 1/4) OF SAlD SECTION 5: THENCE RUN N 01.,2'49" E.
ALONG THE ftEST LINE Of THE: SOUTHEAST C1JARTER (s.!. 1/4) OF THE SOUTHEAST
OUARTER (5of. 1/4) Of SAID SECnON 5, fOR A DISTANCE OF 2.021.18 FEET TO THE
NORTHWfST CORNER Of THE SOUTH HALF (s. 1/2) OF THE NORTHEAST QUARTER
(N.f. 1/4) OF THE SOUTHEAST OUARTER (5of. 1/4) OF SAID SfC710N 5; THENCE
RUN 5 89.44'01" E. ALONG THE NORTH UNE OF THE SOOTH HAlf (5. 1/2) OF THE
NORTHEAST QUARTER (N.E. 1/4) OF THE SOUTHEAST QUARTER (S.f. 1/4) OF SAID
SECTION 5, FOR A DISTANCE Of 1,311.86 Ffa TO A POINT ON THE KfST UNf or
THE SOUTHYrfST QUARTER (s.w. 1/4) Of THE AFOREJJENTlONED SECTION 4; THENCE
RUN N 0113'51" E. ALONG THE KfST UNE or THE SOUTHKfST QUARTER (5. Iv. 1/4)
OF SAID SECTION 4, FOR A 0/5TANC[ OF 674.33 FEET TO THE NORTHWEST CORNER
OF THE SOUTHYrfST QUARTER (s.w. 1/4) Of SAID SECTION 4: THENCE RUN N
88"30'27" E. ALONG THE NORTH UNf OF THE SOUTHWEST OUARTtR (5. w. 1/4) or
SAID SECTION 4, fOR A ()ISTANCE or 2,658.40 FEET TO THE NORTHEAST CORNfR
or THE SOUTH'lEST QUARTER (S.f. 1/4) OF SAID SECTION 4; THENCE RUN N
88"30'29- C. ALONG mE NORTH UN[ OF THE SOUTHEAST OUARTER (S.f. 1/4) or
SAfO SECTION 4, FOR A DISTANCE OF J02.oo fE[T' TO A POINT ON THE KfSr
RIGHT-Of-WAY UNE Of BAREFOOT ~WA"S ROAD (A 60 FOOT RIGHT-Of-WAY):
THENCE RUN 5 09'04'JJ- f. ALONG THE SAID WEST RIGHT-OF-WAY UNf. FOR A
DISTANCE OF I,J94.79 frET TO A POINT ON THE NOR1H UNf or THE SOUTHWEST
QUARTER (s. w. 1/4) OF THE: SOUTHEAST OUARTER (S.f. 1/4) OF THE
AFOREMENTIONED SECTION 4; THENCE RUN S 09'04'25- E, ALONG SAID Jtf5T
RIGHT-OF-WAY UNE. FOR A DISTANCE OF 1,403.91 FEET TO A POINT ON THE SOUTH
UNE OF THE SOUTHEAST OUARTER (S.f. 1/4) OF SAID SECTION 4; THENCE RUN N
89'18"0" W, ALONG THF: SWTH LINE OF THE SOUTHEAST OUARTER (s.f. 1/4) OF
SAID SECTlON 4, FOR A DISTANCE OF 775.46 FEET TO THE SOUTHEAST CORNER OF
THE SOUTHWEST OUARTER (S.w. 1/4) OF SAID SECTION 4; THENCE RUN S 89'34'5/
W. ALONG THE SOUTH UNE Cf" THE SOUTHWEST QUARTER (s. W. 1/4) OF SAID
SECTiON 4, FOR A DISTANCE Of 2,687.42 FeET TO THE PfJ/NT OF BmlNMNG OF THE
PARCEL or LAND HEREIN DESCRI8ED, CONTAINING 261.612 ACRES, MORE OR LESS.
1-3
3748038 OR: 3945 PG: 1533
UCODO 11 OllICI1L UCOIDS af COLlIn coum, rL
12/0'/2005 It 03:03.. OIIGBt I. BlOC., eLlRI
COIl 1000000.00
DC OJ 35.50
DOC.. 10 "000.00
letn:
BGID SCBOIDCI n 1J.
.101 !AlIIII Tl J '250
WLIJ n 34113
..
.~.
of
",
{ \
^" V
J
Prepared by and return to:
David N. SeDon, Esq.
Bond, SeIl.Deck Ie Kinl. P.A.
4001 TalDlami Trail Nortb Suite 1S0
Naples, FL 34103
Folio Nole 00726880009
oo72680000S
00730760005
0073112??oo
File Number: E..rald
rsplCO Above This Liac For Rccordina Dalal
Trustee's Deed
This Tnutee's Deed made this SOl day of December, 2005 between David N. Suton a. Trustee uader Trust
AareemeDt dated May 10. 2002 whose post office address is 4001 TamialDi TraU Nor1b, Suite 250, Naples, FL 34103,
grantor, and WC. COID.unitlel. IDC.. a Delaware corporation whose post office address is 24301 Walden Center Drive,
Suite 380. Bonita Sprlnp, FL 34134, gnntee:
(WIIcnncr IISIId herein the ICnIIS ....tar and pIIllec incIu4c all die pcties 10 Ibis insInImc:nt IlllI the heirl,lepl reprelCllll!i\lCI, lilli_IllS or individuals,
and the MCeSIOI1 and..ips or ClOIJIOfIlioas.IrUSlI acIlr11SteeS)
WitDesseth, that said &r8Rtor. for and in consideration of the sum TEN AND NO/I 00 DOLLARS (SI0.oo) lDdother cood
and. valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ICbowledpd, has
granted, barpined, IIld sold to the said grantee. and gnntecs hen and assigns forever, the followiq descn'bcd IaDd, situate,
lying and being in Collier COUDty, Florida. to-wit:
See Attached Exhibit" A It
Subject to restrictions, reservatioDs aad easeDlents or record, if any. and taxes subsequent to 2004.
Grantor warrants that at tbe time 01 tbls conveyanee, tbe subject property Is .ot tbe erntvr'.
bolDlltead witbiD tbe melDlDI..t ronb in tbe coastltUl10D of lbe State or Florida, Bor Is it coati&uau
to or a part of bomestead property.
Together with ail the tenements, hereditaments and appurtenances thereto belonging or in lIIywise appertaining.
To Have and to Hold. the same in fee simple forever.
And the grantor hereby covenlllts with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has pel right and tawftd authority to sell and convey said lllld; that the grantor hereby fully warnnts the title to laid
land and will defend the same apinst the lawful claims of ail persons claiming by, through or under gnmton.
10 Wimeu Whereor, grantor has hereunto sel grantor's hand and seal tho day and year first above written.
DoubIenme.
OR: 3945 PG: 1534
Signed. sealed and delivered in our presence:
.y.~ 4 ~
Wi~Name~ /u,rl .. -/1t...
~""..:.LD-~
W' , Name;MI>y.~"" '- Ih~(Jt.
a-~< ~
David N. Sexton. Trustee
Slate of Florida
COUllty of Collier
The foregoing instrument was acknowledged before me this ~4o.h- day of
Trustee, who [X) is personally known or U bu produced
AJa.v~ 2005 by David N. Sexton,
as identification.
~<ltx~ If ~
o Public
Printed Name: }(impU'J ~k..
My Conunlsslon Expires: ~. 3 {- 0 (p
[Notal)' Seal]
6!J;, KIEIlY A. SPINK
..:~ ". ~ COtAIISSI\lN . DO 114714
.i.. , oil eXPiFiES:Augus:3I,2G{A5
.,. II.~~ b..~J~~......~~~lir~~'"".....;a.;."~1
Tt'IIIlH's DlId. Pip 2
DoubltTlmee
OR: 3945 PG: 1535
EXHIBIT · A"
luWJ.
The Eau 1{2 or the: Northwest 1/4 or lhe Northwest 1/4 or the Soulh"'eu 1/4.
Seelioll 4, Township 51 SOlllh, Rlnle 26 Eut, COllier County. Flo"da~
f.u.W..l
.
;;...,
The Wen 1/2 or the Northwest 1/4 or the Northwesl 1/4 or Ihe SOlllhwcu 1/4,
SeclioD 4, Township 51 Soulh, Rlnsc 26 EUI. Collh:r Counly, Florida;
lu-"U
The Wen 1/2 or tlIC: Southwest 1/4 or Ihe NorthweSl 1/4 or Ihe SOUlhwCSl 1/4,
Section 4, Towaship ~ I South, Ringe 26 EISI, Collier County, Florida;
~
The EIII 1/2 or Ihe sOutllwCSl 1/4 or IlIe Norlhwesl 1/4 or IIle SOuthwest 1/4,
Section 4, TOWDShip SI South, RUle 26 East, Collier Coualy. Florida:
fwr.GU
Thc WeSt 1/2 of the SOutheasl 1/4 or the Norlhwc:st 1/4 or the SOulhwesl 1/4.
Section 4, Township ~I SOUlh, RlIlee 26 Easl, Coltier County, Florida;
fuW..6
All that part or tbe North 1/2 of the SOUIII 1/2, Section 4, Township 51 Soulh.
Range 26 UU, Collier County, Florida, beiD. more particullty described IS rollow.:
Comllleacia. at I CODCrelc DloDlImeDC fouad at the West 1/4 COrDcr or Section 4,
TOWlllhip ~I Soulh. Rnle 26 Eau, Collier COIlIlIY, Fl~ridai Chcace 110111 Che Ea.t
&Dd Weac 114 SeedoD Iille or raid Secdoa .c, Nortb" )1'24" Earc 664.23 reet 10
the POINT OF IEGINNING, or the parcel hereia cfcacribed; thellcc aloll' Ihe Ea.1
line or Jhe West 1/1 or tbe Nortbwest 1/4 or the Soulhwest 1/. or said SecUoD 4,
South I 6'1" Welt 677.&1 (ecc; theDce aloll. the Nonh IiDe or tlte Weal 1/2 of the
SoglheUI 1/4 of the NorlhwClI 1/4 or Ihe $oUCh-ClI U4 of said SeclioD .c. Norlh
II 49')9" EaSI nUl (ece; theDce alolll Ihe East liae or the Weal 1/2 of the
SgudlC&st 1/4 o( Che Norlhweac If4 or Ihe Southweat 1/4 or raid Seclioll 4. SOuth
I 1'5"" Wesc 671.3' reet to Ute South Iille ot tile Nor~ 1/2 or the Soutlt 1/2 or
said Sectioll 4; IltellCC a10al Slid $outh tiac Nora.. 19 ]'51" East 16(\1,22 rcet;
Ihence COlltllluiDI al? the Solllh Iiae of lite North 1/2 of the Sovlh 1/2 of said
SecllolI .c, North 19 ]7'47" East ~37.97 reel to the Well ri,hcoOr.way ~ne or
Barefool Williams Road; thellee aloD, said West rilht-or.wlY line North 9 J'29.
West 1394.95 lee I 10 the Ease Ud Wcst J/4 Sectio, IiDe or Slid SeetiOIl 4; thence
IIOlll Slid ElSt and Wert 1/4 Sectloll line South" 31'24" Well 302.00 reel 10 Ihe
celllcr or Slid Section 4; c~eace continue alolll Ihe Eest ID.d WClI 1/4 $cction line
or .Iid Se~ioQ 4, South II 31'24" WeSI 1992.6' feet Co Ihe POINT OF BEGINNING
or Ihe parcel herein described: conlaininc 70.59 acres of land more or leu,
fuml
All Ihac pari of the South 1/2 of Ihe Soulh 1/1 or Section 41, Towllship Sf Soulh.
Ran,e 26 East, Collier COuDty, Florida, l)'iD, West of l.reCOOI WiIIilm. Road and
beinllllore particularly described as (0 110 WI:
Be.illaiD. II I CODcrCle mODumellt beill. the Sollllawesl cOlaer of Seclion 4,
TowlI.hip 51 South. RUle 26 ~'I. COllier Couat)', Floridl; dlellCf 110111 Ihe Wesl
line or said SeelloD 4, Norcia I 14'21" East 134'.70 rccl CO I COllerele "'Ollument
placed; thence 110111 the Norcia liDC or llae SouUIt 1/2 or the Soulh I/J or laid
ScclioD 4, ,",or'h" 3"1" Ellt 2669.16 reel 10 a coacrele monument placed; thence
'.,e I or 2
!
.......
......
tt* OR: 3945 PG: 1536 ~**
COlllilluc Ilona said North line North 190 37'47. East H7.97 (eel to a concrete
mODUlJlent placed aud the WCIl rilht-o(.way line o( Barefoot Williams ROld; thence
Ilonl said ri,hl-or,wIY Jine Soulh 90 ).29. EIS! 1403.'2 feel 10 I concrele
monUllICDI round Ind Ihe: Scfulh line: or said Seclion 4; lhence alOlll Ihe South line
of said Se:clion 4, North 89 \7'32" Well 775.46 fcgl 10 I concrele monument round;
lhence colllinue 11001 said Soulh line South.9 36'0' Well 2611.63 reel 10 Ihe
POINT OF BEOINN1NO or Ihe parcel herein described: conlaininc 104.35 acrcs or
Ilnd morc: or less,
fumJ
.......
The Soulheasl 1/4 or Ihe Soulhean 1/4 or Seclion 5, Township 51 Soulh, Ranle 26
Elst, COllier CounlY, Florida.
Parcel 9
The South 1/2 of the Northeast 1/4 of the Southeast 1/4 of
Section 5. Township 51 S, Range 26 E. Collier County, Florida.
rile 2 or 2
/1
" A n-r-'ESIA eDD
~A P L E S
PETITIONERS COMPOSITE EXHIBIT "l-B"
DEVELOPMENT BOUNDARY
COLLIER COUNTY
SHERIFF'S OFFICE
EAGLE LAKES
COMMUNITY
PARK
~
LELY
RESORT
N
*
w: E
/J~
s
Project Site
j
ROOKERY BAY
NATIONAL ESTUARINE
RESEARCH RESERVE
J?OCK.l'RY BAY
~
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::>
o
~
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ES
j
o
u
FIDDLER'S CREEK
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES, P.A
CmL DrGIIIDIlS . LAID SURVEYORS . PL.\IOiIRS
3ICIO 'IU. DIL 1IBY
IIOmA llPIlIItIHI, n.oBIDA lI4ll14
PIKIIIIC : <28lI) 1147-1144 r.t.X: <28lI) 1147-0lI76
DOlIIIiIIIIIIlG canncAft or .t.Il'l'IIORIZ.t.ftIIf 18 0ClCI&lI1
StlR9IMIlG CIIl'l'Il"/C.tftl or AunmlllZ.t.ftlJf IS OClCI&Ull
EXHIBIT
I 4
I
,
i
I
I
!
~~-?~ CDD
PETITIONERS COMPOSITE EXHIBIT "4"
LOCATION MAP OF WATER. SEWER & OUTFALLS
~urrALL
EXISTING 8- WATER MAIN
LESNAP Subdivision
Project Site
ROOKERY BAY
NATIONAL ESTUARINE
RESEARCH RESERVE
OUTFALL
BAREFOOT -WI LU AMS
SWALE
a:l
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Eagle Creek
\yEXISTING
II 10- FORCE
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i
:!:
EXISTING 6- WATER MAIN
KOA
\\
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~
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES, P. A.
Cl9IL 1IIG0fIDS . LAID SURVEYORS . PL&NII:RS
3llOO VIA DEL BY
8OJIIl.'. IPJIIIlII, PLOlIID.6 84184
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STATEMENT OF ESTIMATED REGULATORY COSTS
Artesia Naples Community Development District
1.0 Introduction
1.1 Purpose
This statement of estimated regulatory costs ("SERC") supports the
petition to establish the Artesia Naples Community Development District
("District" or "CDD").
The proposed District comprises approximately 261.6 acres all of which
are in the County of Collier. The proposed District will provide community
infrastructure and services to the Artesia Naples residential community
("Development") as described below.
The new District will provide community Infrastructure that will serve all, or
a substantial portion of, the land in the proposed District. The District
plans to provide localized infrastructure improvements and services
("District Infrastructure") to serve the land in the District. The District may
finance community Infrastructure by issuing bonds from time to time
("Bonds") secured by, among other things, proceeds of non-ad valorem
special assessments (the "Assessments") levied on land within the
District.
1.2 Scope of the Analysis
The limitations on the scope of this SERC are explicitly set out in Section
190.002(2) (d), F.S. (governing Districtformation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform
general law shall be fair and based onlv on factors material to manaaina
and financina the service delivery function of the district, so that any
matter concernina permittina or plannina of the development is not
material or relevant (emphasis added)."
1.3 Overview of the Development Plan for the Artesia Naples District
As noted above, the Artesia Naples District will provide community
infrastructure and district infrastructure, services, and facilities along with
their operations and maintenance, to the Artesia Naples Development.
The land contained in the District is currently planned for the land uses
shown in Table 1. These are preliminary plans and are subject to change.
j
3
EXHIBIT
7
Artesia Naples is a master planned residential community in
unincorporated Collier County being developed by WCI Communities, Inc.
("Developer"). The Artesia Naples Community Development District, if
approved, will encompass a total of approximately 261.6 acres. Current
plans envision approximately 385 single family detached homes, 196 villa
homes and 144 multi family condominium residences for a total of 725
residential units along with recreational facilities.
Table 1. Artesia Naples COO Currently Planned Land Uses
Category
Total Gross Acres:
Total Net Acres:
Single Family Homes:
Villa Homes:
Multi-Family Homes:
Recreational Acres:
Amount
261.6
177,2
385
196
144
11.6
Source: wel, Inc, ("Developer")
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F .S. (2002), defines the elements a statement of
estimated regulatory costs must contain:
"(a) A good faith estimate of the number of individuals and entities likely to
be required to comply with the rule, together with a general description of
the types of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state
and local government entities, of implementing and enforcing the
proposed rule, and any anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to
comply with the requirements of the rule. As used in this paragraph,
"transactional costs" are direct costs that are readily ascertainable based
upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule,
additional operating costs incurred, and the cost of monitoring and
reporting.
2
(d) An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and small
cities as defined by Section 120.52, F.S. Collier County is not defined as
a small County for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description
of any good faith written proposal submitted under paragraph (1) (a) and
either a statement adopting the alternative or a statement of the reasons
for rejecting the alternative in favor of the proposed rule."
2.0 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinance
If this petition to establish the District is approved, the District will
encompass approximately 261.6 acres. All of the ultimate property
owners in the District will be required to comply with District rules and their
properties will be encumbered with District obligations to pay for
infrastructure and operations and maintenance expenses incurred by the
District. Of course prior to the sell out of the real estate, all of the
undeveloped land owned by the Developer and any other landowner will
also be under the jurisdiction of the District.
3.0 Good faith estimate of the cost to state and local government
entities, of implementing and enforcing the proposed ordinance, and
any anticipated effect on state and local revenues
3.1 Costs to Governmental Agencies of Implementing and Enforcing
Ordinance
State Governmental Entities
The cost to State entities to review or enforce the proposed ordinance will
be very modest. The District comprises less than 1,000 acres. Therefore,
the County will review and act upon the petition to establish the District.
3
There are minimal additional ongoing costs to various State entities to
implement and enforce the proposed ordinance. The District is a special
purpose unit of local government, and it is required to file various reports
to the State of Florida, the Department of Community Affairs and other
agencies of the State. The filing requirements are outlined in Appendix A.
However, the additional costs to the State and its various departments to
process the additional filings from the District are very low, since the State
routinely processes filings from over 100 similar districts. Finally, the filing
fees paid by the District are designed to offset any additional costs to the
State.
Collier County
This petition to establish the District will require the County to review the
petition and its supporting exhibits. In addition, the County will hold public
hearings to discuss the petition and to take public input. These activities
will absorb staff time and time of the County Commission.
However, these costs are very modest at most for the following reasons.
First, the review of this petition to form the District does not include an
analysis of the Development itself. In fact, such a review of the Project is
prohibited by statute. Second, the petition contains all of the information
necessary for its review. Third, the County already has all of the staff
necessary to review the petition. Fourth, no capital costs are involved in
the review. Fifth, the County routinely processes similar petitions for land
use and zoning changes that are far more complicated than this petition to
form the District. Finally, the $15,000 filing fee is designed to offset these
costs.
The County will incur only a small additional annual cost if this petition is
approved. The proposed District is an independent unit of local
government, so the District is responsible for its own budget, reporting,
and the full conduct of its powers within its boundaries. The District will
provide the County with its budget each year, but no County action is
required.
3.2 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 community facilities and services to serve the
development. It has its own sources of revenue. No State or local
subsidies are required or expected.
4
In this regard it is important to note that any debt obligations incurred by
the District to construct its infrastructure, or for any other reason, are not
debts of the State of Florida or any unit of local government. By State law
debts of the District are strictly its own responsibility.
In this regard it is important to note that any debt obligations incurred by
the District to construct its infrastructure, or for any other reason, are not
debts of the State of Florida or any unit of local government. By State law
debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred
by individuals and entities required to comply with the requirements
of the ordinance
The District plans to provide various community facilities and services to
the property in the District, as outlined in Table 2. The District plans to
fund, construct, own and manage the internal roadways, the water
management & drainage system, landscaping & streetscaping, street
lights, access control, irrigation supply & distribution and the conservation
and preserve areas. In conjunction with the Developer, the District will
fund and construct the offsite road and utility improvements and solely
fund and construct the water distribution and sanitary sewer systems and
convey them to the County for operations and maintenance. The District's
costs may include acquisition of land on which the infrastructure will be
constructed.
Table 2. Proposed Facilities and Services
FACILITY
Offsite Road & Utility Improvements
Internal Roadways
Utilities - Water & Sewer
Water Management & Drainage
Landscape & Streetscape
Street Lights
Access Control
Irrigation Supply & Distribution
Conservation & Preserve Areas
FUNDED BY
Developer & COD
COD
COD
COD
COD
COD
COD
COD
COD
O&M BY
County
COD
County
COD
COD
COD
COD
COD
COD
OWNERSHIP
County
COD
County
COD
COD
COD
COD
COD
COD
The costs for providing the capital facilities outlined in Table 2 consist of
District Infrastructure. Table 3 on the next page presents the District's
share of costs associated with the Community Infrastructure along with a
time table for its installation.
5
Table 3. Summary of Estimated Capital Costs for
Community Infrastructure for the District
Category
Offsite Road & Utility Improvements
I nternal Roadways
Utilities - Water & Sewer
Water Management & Drainage
Landscape, Streetscape & Irrigation
Street Lights
Access Control
Professional Fees & Permits
10% Contingency
Estimated Cost
$2,650,000
$3,000,000
$2,990,000
$4,165,000
$3,030,000
$300,000
$650,000
$320,000
$1,708,000
----------
----------
Total
$18,813,000
Estimated
Commencement/Completion
Date
2006/2008
2006/2008
2006/2011
2006/2009
2006/2010
2006/2008
2006/2008
2005/2012
2006/2012
Source: Q Grady Minor & Associates, Inc" Engineers
Prospective future landowners in the District may be required to pay non-
ad valorem assessments levied by the District to secure the debt incurred
through bond issuance. In addition to the levy of non-ad valorem
assessments for debt service, the District may also impose a non-ad
valorem assessment to fund the operations and maintenance of the
District and its facilities and services.
It is important to note that the various costs outlined in Table 3 are typical
for developments of the type contemplated here. In other words, there is
nothing peculiar about the District's financing that requires additional
infrastructure over and above what would normally be needed. Therefore,
these costs are not in addition to normal development costs. Instead, the
facilities and services provided by the District are substituting in part for
developer-provided infrastructure and facilities. Along these same lines,
District-imposed assessments for operations and maintenance costs are
similar to what would be charged in any event by a property owners'
association common to most master planned developments.
Real estate markets are quite efficient, because buyers and renters
evaluate all of the costs and benefits associated with various alternative
locations. Therefore, market forces preclude developers from marking up
the prices of their products beyond what the competition allows. To
remain competitive the operations and maintenance charges must also be
in line with the competition.
6
Furthermore, locating in the District by new residents is completely
voluntary. So, ultimately, all owners and users of the affected property
choose to accept the District's costs in tradeoff for the benefits that the
District provides.
The District is an alternative means to finance necessary community
services. District financing is no more expensive, and often less
expensive, than the alternatives of a municipal service taxing unit (MSTU),
a neighborhood association, County provision (directly or via a dependent
special district), or through developer-bank loans.
5.0 An analysis of the impact on small businesses as defined by
Section 288.703, F .5., and an analysis of the impact
on small counties and small cities as defined by Section 120.52, F.S.
There will be no impact on small businesses because of the formation of
the proposed District. If anything, the impact may be positive. This is
because the District must competitively bid certain of its contracts. This
affords small businesses the opportunity to bid on District work.
The development is located in the County of Collier. As of the latest
Census date, the 2000 Census, the County has a population of 251,377.
Therefore, the proposed District is not located in a County defined as a
"small" (75,000) according to Section 120.52, F.S.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of
regulatory costs and benefits. Inputs were received from the Developer's
Engineer and other professionals associated with the Developer.
Finally, it is useful to reflect upon the question of whether the proposed
formation of the District is the best alternative to provide community
facilities and services to the Development. As an alternative to the
District, the County could approve a dependent special district for the
area, such as an MSBU or a special taxing district under Chapter 170,
F.S. Either of these alternatives could finance the improvements
contemplated in Table 2 in a fashion similar to the proposed District.
However, each of these alternatives is inferior to the District. Unlike the
District, the alternatives would require the County to continue to administer
the project and its facilities and services. As a result, the costs for these
services and facilities would not be sequestered to the land directly
benefiting from them, as the case would be with the District.
7
A District also is preferable from a government accountability perspective.
With a District as proposed, residents and renters in the District would
have a focused unit of government under their direct control. The District
can then be more responsive to resident needs without disrupting other
County responsibilities.
Another alternative to the District would be for the developer to provide the
infrastructure and to use a property owners association (POA) for
operations and maintenance of community facilities and services. A
District is superior to a POA for a variety of reasons. First, unlike a POA a
District can impose and collect its assessments along with other property
taxes. Therefore, the District is far more assured of obtaining its needed
funds than is a POA. Second, the proposed District is a unit of local
government. Therefore, unlike the POA the District must abide by all
governmental rules and regulations.
Fishkind & Associates certifies that this SERC meets the requirements for
a SERC as set out in Chapter 120.541, F.S.
We have developed over 35 SERCs. Below is a listing of some of these
SERCs.
. Urban Orlando Community Development District
· Marshall Creek Community Development District
. Cedar Hammock Community Development District
. Mediterra Community Development District
· Brooks Community Development District
· Pelican Marsh Community Development District
. Pelican Landing Community Development District
· Fiddler's Creek Community Development District 1
. Monterra Community Development District
· Quarry Community Development District
· Capital Region Community Development District
· Deerfield Preserve Community Development District
8
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FLORIDA
STATUTE
REPORT CITE DATE
Annual Financial Audit 11 .45 12 months after end of
fiscal year
Annual Financial Report (AFR) 218.32 by March 31
TRIM Compliance Report 200.068 130 days after
Form 1 - Limited Financial Disclosure 112.3144 by July 1
Public Depositor 215 by November 15
Proposed Budget 218.34 by September 1
Public Facilities Report 189.415 March 1
Public Meetings Schedule 189.417 beginning of fiscal year
Bond Report 218.38 When issued
Registered Agent 189.417 30 Days after
9
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO ESTABLISH THE
ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT
/
AFFIDAVIT ADOPTION WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF LEE
I, D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., a Florida corporation, being
duly sworn, do hereby state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Donald Wayne Arnold and I am Secretary/Treasurer ofQ. Grady Minor
and Associates, P.A., a Florida corporation.
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of the Artesia Naples 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 Artesia
Naples Community Development District establishment hearing, my oral answers
would be the same as the written answers presented in my pre-filed testimony.
EXHIBIT
I
%
1
5. My pre-filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Artesia Naples Community Development District, the
truth and accuracy of the Petition to establish the proposed District, and compliance
with the factors to be considered in the establishment of a community development
district.
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.
Executive this 5th day of April, 2006.
Q. Grady Minor and Associates. P.A..
a Florida corporation
By '~. \l)~~~
D. Wayne Arnold, AICP ,
SWORN TO and SUBSCRIBED before me by the Affiant, on this 5th, day of April, 2006.
/
,
~,,""rI~,,- SHARON UMPENHOUR
~,~ .-~<o MY COMMISSION # DD 495073
. .*"
~ :: EXPIRES: Decembef 4, 2009
IIond<<llhru NcWy Public UndlMwI1Iers
( . i l--------
Notary Public State of Florida
Sharon Umpenhour
Typed Name of Notary Public
Personally Known X
Type Identification produced
2
EXHIBIT 8-A
ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT
Backaround and Credentials of Planner
My name is Donald Wayne Arnold, AICP. I am a professional urban planner. I am a
Principal with the firm a. Grady Minor & Associates and have over 18 years of
experience in planning and permitting related to land development activities. I have
previously been employed as a professional planner by local and State governments,
including Palm Beach County, Collier County and South Florida Water Management
District. I have been actively involved in Developments of Regional Impact, growth
management plan amendments, property rezonings, land development code
amendments, site development plans, and land feasibility studies. I hold dual degrees
in urban planning: a Bachelor of Science Degree in Urban-Regional Planning from
Missouri State University, and a Master of Urban Planning from the University of
Kansas.
I have served as an expert in urban planning in a variety of local, regional and state
growth management planning issues and have testified in numerous hearings including
Florida Administrative Hearings, and local government public hearings.
Below is a summary of the planning consequences of establishing the proposed Artesia
Naples Community Development District in Collier County. My assessment of the six
statutory factors that must be met in order to establish a Community Development
District is discussed below.
Project Description
Artesia comprises approximately 262:t acres within southern Collier County, Florida,
bounded on the west by Wentworth Estates DRI and Rookery Bay Preserve, bounded
on the east by KOA Campground and Eagle Creek C.C. PUD and on the south Rookery
Bay Preserve and bounded on the north by Wentworth Estates DRI and LESNAP
unrecorded subdivision. The property is located within the Urban Mixed-Use
Residential District Urban Coastal Fringe Subdistrict of the Collier County Future Land
Use Map. The Urban Residential District permits a variety of residential and mixed-use
projects, and are encouraged to be in the form of a master planned community:
The property is currently planned for a residential master planned community with 725
residential units and typical accessory community amenities. The master planned
community will include both single family and multi-family dwelling unit types, a
clubhouse and other residential amenities.
coo - ARTESIA NAPLES,doc
Page I of 13
The Six Statutory Factors: Section 190.005 (1)(e)1-6, F.S.
Section 190.005(2)(c), Florida Statues, provides that the County Commission shall
consider the record of the public hearing and the following factors section 190.005
(2)(e), in making its determination to grant or deny a petition for the establishment of a
community development district.
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the establishment of the district is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Factor One
1. Whether all statements contained within the petition have been found to be
true and correct.
In my professional planning opinion, the Petition and its exhibits satisfy the
requirements of the statute and contain information that is both true and correct.
Therefore, factor one in my opinion is satisfied from a planning perspective.
Local Specialized Problem: None.
Factor Two
2. Whether the establishment of the district is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
Regarding Factor Number Two, I have analyzed both the State Comprehensive Plan
and the Collier County Comprehensive Plan because this factor questions whether
creation and establishment of the District is consistent with any applicable element or
portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. A
discussion of consistency with the State Plan is provided below. In my professional
CDD - ARTESIA NAPLES,doc
Page 2 of 13
opinion, the creation of the CDD is consistent with the State Plan and the Collier County
Growth Management Plan.
Discussion: The State Plan.
The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes.
I have reviewed all twenty-five goals and several related policies under each goal in the
State Plan from this perspective. I have identified and evaluated those subjects, goals
and policies that do relate to the creation and establishment of a Community
Development District. As a professional planner, I have provided an opinion as to the
consistency of proposed District with each related goal, objective and policy of the plan.
I have analyzed from a planning perspective each subject and goal and then identified
various specific policies under each of them which related to the proposed District.
Subiect and Goal 15 LAND USE
(a) Goal - In recognition of the importance of preserving the natural resources
and enhancing the quality of life of the state, development shall be directed
to those areas which have in place, or have agreements to provide, the land
and water resources, fiscal abilities, and service capacity to accommodate
growth in an environmentally acceptable manner.
Subject Number 15 and its related goal are applicable because it being directed to
areas having, or programmed to have funded land and water resources, and necessary
infrastructure capacity to serve growth in an environmentally responsible manner.
The Artesia Naples Community Development is in an area of Collier County that has
available access to regional water and sewer services, and roadway networks to serve
a project of this scale. The District is located in the Urban Mixed-Use Residential
District, Urban Coastal Fringe Subdistrict of Collier County's Future Land Use Plan and
will meet all applicable natural resources regulations. The creation of the District is
consistent with this goal. The Artesia Naples CDD is within the Collier County Water
and Sewer District, and has met provisions of the Collier County Concurrency
Management System.
Local Specialized Problem: None
Policy 15(b)1. Promote state programs, investments, and development and
redevelopment activities, which encourage efficient development and occur in
areas which will have the capacity to service new population and commerce.
Establishment of the District is consistent with this Policy. Chapter 190, F.S.,
establishes that a District purpose is to provide necessary capital infrastructure to
service projected growth without overburdening other governments and taxpayers. All
necessary infrastructure on-site will be provided by the Developer or Community
Development District, which will be coordinated with Collier County Government. All
development will be consistent with the Collier County Capital Improvement Element of
the Growth Management Plan.
Local Specialized Problem: None
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Policy 15(b)2. Develop a system of incentives and disincentives, which encourage
separation of urban and rural land uses while protecting water supplies, resource
development, and fish and wildlife habitats.
A District is a form of local government which, is required by law to provide service
capacity in areas designated for urban services, and to provide such services in an
environmentally sensitive manner. The Establishment of the proposed District is
consistent with policy 15(b)2 of the State Plan. The Artesia Naples Community is
located within an area designated for urban levels of development on the Collier County
Future Land Use Map.
Local Specialized Problem: None
Policy 15(b)3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping,
and recreational activities.
Establishment of the District is consistent with this Policy. Through the creation of the
District, Artesia Naples will be developed as a master planned residential community
with on-site recreational and personal services amenities designed to serve the
residents of the District within a designated recreational component of the project. On-
site open spaces are linked to nearby preservation areas providing for contiguous
passive recreational opportunities.
Subiect and Goal 17 PUBLIC FACILITIES
(a) Goal - Florida shall protect the substantial investments in public facilities that
already exist and shall plan and provide for and finance new facilities to serve
residents in a timely, orderly, and efficient manner.
Subject 17 and its related Goal and policies would be directly implemented through the
establishment of the proposed District through the responsible provision of services and
facilities when needed to those property owners within the District. The establishment of
the District will be consistent with this subject and goal. Collier County implements and
funds its adopted Capital Improvement Element, and Artesia Naples has coordinated
community improvements with Collier County government.
Local Specialized Problem: None
Policy 17(b)3.-Allocate the costs of new public facilities on the basis of the
benefits received by the existing and future residents.
Facilities and services provided by the District are paid for through assessments and
user fees by those property owners who benefit from those facilities and services. In my
planning opinion, the proposed District is consistent with, and will implement, policy
17(b)3.
Local Specialized Problem: None
Policy 17(b)4.- Create a partnership among state government, local governments,
and the private sector which would identify and build needed public facilities and
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allocated the costs of such facilities among the partners in proportion to the
benefits accruing to each of them.
The state legislature determined that a District is a legitimate alternative method of
paying for and managing community development. A District must be consistent with
the plans of the State and local governments. Establishment of the District, consistent
with this legislative intent, is consistent with Policy 17(b )4.
Local Specialized Problem: None
Policy 17(b)5. Encourage local government financial self-sufficiency in providing
public facilities.
The proposed District, if established, would be a special-purpose local government, and
would be self-sufficient in the provision of infrastructure, services and facilities in that it
would not draw upon other County resources. The establishment of the proposed
District would not be inconsistent with this policy.
Local Specialized Problem: None
Policy 17(b)6. Identify and implement innovative but fiscally sound and cost-
effective techniques for financing public facilities.
The special-purpose District will have limited powers to design, fund and construct
services and facilities necessary to accommodate the project's service demands. The
proposed District is consistent with this policy.
Local Specialized Problem: None
Policy 17(b)7. Encourage the development, use, and coordination of capital
improvement plans by all levels of government.
The District is subject to the reporting provisions of Section 189.415, Florida Statutes,
which in paragraph (6) states, "For purposes of the preparation or revision of local
government comprehensive plans required pursuant to s. 163.3161, a district public
facilities report may be used and relied upon by the local general purpose government
or governments within which the special district is located. This statutory provision is
directed at fostering coordination between special districts and general-purpose
governments. The proposed District, if established, will implement this policy, and is
therefore consistent with the policy.
Local Specialized Problem: None
Subiect and Goal 20 GOVERNMENTAL EFFICIENCY
(a) Goal - Florida governments shall economically and efficiently provide the
amount and quality of services required by the public.
Chapter 190.002 finds that an independent district can be a solution to the state's
planning, management, and financing needs by providing timely, efficient, effective and
economic means of service delivery. The proposed District will provide services in an
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economical and efficient manner to residents of the District and is consistent with Goal
20.
Local Specialized Problem: None
Policy 20(b)1. Encourage greater cooperation between, among, and within all
levels of Florida government through the use of appropriate interlocal
agreements and mutual participation for mutual benefit.
Once the Community Development District is formed, it will function as a form of local
government and the Statute permits the District to enter into interlocal agreements with
other local governments. The Collier County Growth Management Plan,
Intergovernmental Coordination Element and Public Facilities Element provide for the
coordination and cooperation of all governmental entities, including Community
Development Districts. Because the Statute requires consistency with the local
government growth management plan, and the District must cooperate with local
governments, it is my opinion that the proposed Artesia Naples Community
Development District will be consistent with Policy 20 (b) 1 of the State Comprehensive
Plan.
Local Specialized Problem: None
Policy 20(b)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.
This policy directly addresses why a Community Development District is a beneficial
method of funding community development services. A Community Development
District provides the infrastructure and community services through the sale of various
types of bonds, for which the obligation to repay the bonds is borne by only those who
directly receive the benefits provided by the Community Development District. The
general taxpayer has no obligation to pay for services within the District.
The Community Development District must be established according to the standards
specified in Florida Statutes and must be consistent with local government plans. The
proliferation of independent districts is restricted by the various factors required to
establish a Community Development District. The proposed Community Development
District in my professional planning opinion is consistent with Policy 20(b)2.
Local Specialized Problem: None
Policy 20(b)5. Eliminate needless duplication of, and promote cooperation in,
governmental activities between, among, and within state, regional, county, city,
and other governmental units.
As stated previously, a District is required under Florida Statutes to prepare reports and
public records with respect to its facilities and operations which are made available to
owners within the Community Development District, as well as prospective purchasers.
These records are also filed with the County as public records and may be utilized by
the local government. This cooperative requirement of sharing information as well as
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the requirement to be consistent with the State and local government plans furthers the
proposed Community Development District's consistency with Policy 20(b)5.
Local Specialized Problem: None
Policy 20(b)9. Encourage greater efficiency and economy at all levels of
government through adoption and implementation of effective records
management, information management, and evaluation procedures.
Florida Statutes, Chapter 190, requires that Community Development Districts perform
extensive record keeping and management, and they are subject to the Florida
Sunshine Law. In my professional planning opinion, these requirements of the
Community Development District fulfill the requirements of Policy 20(b)9, and the
establishment of the District is consistent with this policy.
Local Specialized Problem: None.
Subiect and Goal 25 PLAN IMPLEMENTATION
(a) Goal - Systematic planning capabilities shall be integrated into all levels of
government in Florida with particular emphasis on improving intergovernmental
coordination and maximizing citizen involvement.
As discussed previously, a Community Development District has a statutory
requirement to report information concerning District operations. Further, because a
District is a special purpose government, it must advertise its regularly scheduled
meetings, ensuring the opportunity for public comment. The proposed District, if
established, in my opinion, is consistent with and would further this goal.
Local Specialized Problem: None
Policy 25(b)2. Ensure that every level of government has the appropriate
operational authority to implement the policy directives established in the plan.
The fact that a District established pursuant to Chapter 190, Florida Statutes, must not
be inconsistent with any applicable portion of the State Comprehensive Plan, a District
is granted the operational authority to implement policies of the Plan. The establishment
of the proposed District is consistent with Policy 25(b)2.
Local Specialized Problem: None
Policy 25(b)3. Establish effective monitoring, incentive, and enforcement
capabilities to see that the requirements established by regulatory programs are
met.
A District is not exempted from any applicable local, regional or state growth
management regulatory programs, thus the establishment of the proposed Artesia
Naples Community Development District is not inconsistent with this policy.
Local Specialized Problem: None
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Policy 25(b)8. Encourage the continual cooperation among communities, which
have a unique natural area, irrespective of political boundaries, to bring the
private and public sectors together for establishing an orderly, environmentally,
and economically sound plan for future needs and growth.
The District is required to operate openly (in the sunshine) and with public notice,
encouraging public participation, and as stated previously, reporting of the District's
facilities and services status to the County government provides a mechanism for
cooperation between the general purpose and special purpose governmental entities.
The establishment of the proposed District is consistent with this policy.
Local Specialized Problem: None
COLLIER COUNTY lOCAL GOVERNMENT COMPREHENSIVE PLAN
The adopted Collier County Local Government Growth Management Plan is set forth in
the following Collier County Ordinances, as amended. This Plan is currently in force and
effective in Collier County.
Capital Improvement Element
Transportation Element
Public Facilities Element B Ord. 97-58
Housing Element
Recreation and Open Space Element
Conservation and Coastal Management Element
Future Land Use Element
Intergovernmental Coordination Element
Ord. 2005-25
Ord.2004-71
Ord. 2005-25
Ord. 2000-27
Ord. 2003-67
Ord. 2004-71
Ord. 2005-25
Ord.2003-67
Under the Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes, as amended, the Plan consists of
various elements, sub-elements and appendices. I reviewed each Plan element with
respect to the powers granted to a Community Development District under Section 190,
Florida Statutes. As a professional planner, I have reviewed the Plan in order to
determine whether there is any specific inconsistency between the proposed
Community Development District Plan and the Collier County Growth Management
Plan.
Those goals, objectives and policies that are relevant to the creation of the proposed
Community Development District have been evaluated.
The establishment of the Community Development District to provide the governmental
services for Artesia Naples complies fully with the goals, objectives and policies of the
Collier County Growth Management Plan.
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PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT
Policy 1.2.6: Where Community Development Districts, or other similar special districts
are established to provide a tool for developers to finance infrastructure or other
purposes, wholly or partially within the Collier County Water-Sewer District, water
service shall be connected to the regional system, and internal facilities shall be
conveyed when acceptable to the Collier County Water-Sewer District for operation and
ownership in accordance with Collier County Ordinance 01-57 adopted October 23,
2001 or its latest revision, and District construction and operating policies.
Artesia Naples will provide potable water infrastructure to support the proposed
development within the District boundaries and will connect the system to Collier County
consistent with the Collier County Utilities Ordinance. The establishment of the
proposed District is consistent with this Policy.
Local Specialized Problem: None
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal 1: Provide for the continual exchange of information and the use of any
intergovernmental coordination mechanisms with Broward, Dade, Hendry, Lee, and
Monroe Counties, Cities of Everglades and Naples, Collier County School Board,
Southwest Florida Regional Planning Council, and any other local, state, or federal
agency or governmental entity, and utility companies such as but not limited to Florida
Power and Light, Lee County Electric Cooperative, Sprint/United Telephone, Immokalee
Water and Sewer District, Pelican Bay Service Division (MSTU), Florida Water
Services, Florida Cities Water Company, Media One, and Cablevision Industries, that
may be impacted by Collier County's land, road, or facility planning to resolve
differences and to achieve compatible and coordinated plans.
Objective 1.1: By the time mandated for the adoption of land development
regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto,
establish intergovernmental communication and level of service coordination
mechanisms to be used by Collier County, Cities of Everglades and Naples, adjacent
counties, the Collier County School Board, the State, and any other entity that provides
a service but may not have land use authority.
Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms,
e.g., interlocal planning agreements, joint meetings and any other mechanism described
in this element which promotes consistent planning activities.
Artesia Naples has coordinated with and received necessary approvals from both public
and private sector agencies in the delivery of services, such as Collier County Utilities,
independent fire control districts, Collier County Department of Transportation, and
Florida Power and Light to insure the services are coordinated and non-duplicative.
Artesia Naples Community Development District will continue to coordinate plans with
the various governmental agencies as it develops. The establishment of the proposed
District is consistent with this goal and associated objective.
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FUTURE LAND USE ELEMENT
Objective 5 and Policy 5.1: In order to provide sound planning, ensure compatibility of
land uses and further the implementation of the Future Land Use Element. All rezonings
must be consistent with this Growth Management Plan.
Artesia Naples is a residential master planned community, which utilizes the Planned
Unit Development zoning district alternative to establish the development program, and
the establishment of the Community Development District to provide governmental and
infrastructure services. The project site is located in an area designated as Urban
Mixed-Use, Urban Coastal Fringe Subdistrict on the County's Future Land Use Map.
The intent of this District is set forth previously in this Report. This proposed master
planned project is consistent with this objective and policy, and has been found
consistent with the Growth Management Plan by the Collier County Board of
Commissioners.
Local Specialized Problem: None
The establishment of the proposed Artesia Naples Community Development District,
pursuant to Chapter 190, Florida Statutes, is not inconsistent with the goals objectives
and policies of the Collier County Growth Management Plan.
Based upon the aforementioned findings, the creation and establishment of the
proposed District would not be inconsistent with any goals, policies, sections or portions
of the Plan, even if it were to exercise any and all of its statutory powers.
Further, the creation and establishment of the proposed District would not be
inconsistent with those parts of the Plan, which do not relate to the creation and
establishment of a District.
Factor Three
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 Artesia Naples Community Development District is of sufficient size and
sufficiently compact to be developed as a functional interrelated community. The
project's size is 262:t acres. This land area is large enough in land area to allow for the
efficient provision of infrastructure systems, facilities and services. A project of this size
and scope is most appropriately master planned to demonstrate how the various
components of the overall project relate both internally and externally. Collier County
encourages development to utilize the Planned Unit Development Zoning in order to
demonstrate a master plan of development for large scale communities. Artesia Naples
will be developed in phases concurrent with provision of infrastructure
The project is appropriately compact in size in that it will permit residential development
and the required infrastructure support to be extended throughout the proposed District
boundaries as one functional interrelated community.
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The properties within the proposed Artesia Naples Community Development District are
contiguous.
The term "functional interrelated community" is undefined in Chapter 190, F.S. In my
professional planning opinion, the term, "functional interrelated community" means that
the CDD area has common characteristics in that permitted land uses that can be
master planned because of the land use relationships, as well as the contiguity of the
community and its overall size. The proposed District will utilize the planned unit
development concept to demonstrate the interrelatedness of the entire project, whereby
not only the internal and external land use relationships have been shown, but the basic
infrastructure to serve the entire community is master planned. Artesia Naples is
consistent with and furthers the larger community's goals as outlined in the discussion
on the Collier County Growth Management Plan.
Local Specialized Problem: None
Factor Four
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.
There are several alternative ways to provide basic infrastructure and services to. the
lands proposed to be serviced by the proposed Community Development District.
Generally, there are three common methods of providing services to a community,
which include privately funded and maintained services, publicly provided systems and
those that could be operated via a public special purpose Community Development
District. Private provision of services and maintenance can be appropriate; however,
with limitations, in that long-term funding must be assured to support infrastructure for
the life of the community, as is required through the issuance of bonds to support a
Community Development District.
The provision of services by the public can have limitations, especially where the
community is a master planned and interrelated community that may desire services
more appropriately directed at its property owners. The responsibility of a local
government is to provide the basic infrastructure support for all communities within its
Governmental boundary. A master planned community that may wish to achieve a
higher than basic standard provided by local government, and will not be well suited to
provision of services through common general government funding alternatives.
The Community Development District option is a preferred alternative in that the
provision of services may be commensurate with the desired level of service of the
community, while resulting in no burden to those properties or residents outside the
District. The Community Development District cannot overburden the existing facilities
because of the required concurrency management requirements found in the Collier
County Growth Management Plan, Land Development Code and Chapter 190, F .S.
Local Specialized Problem: None
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Factor Five
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.
Chapter 190, F.S. requires that all actions and implementation of any or all Community
Development District powers are governed by and must not be inconsistent with the
Collier County Growth Management Plan. One of the fundamental requirements of
Chapter 163, F.S. is that local government comprehensive plans must identify capital
facilities required to support expected growth and that standards must be adopted to
insure that minimum established levels of service for these facilities can be maintained.
This requirement insures that the impacts of development are created concurrent with
the available capacity of necessary capital infrastructure. Development may not occur
unless there are adequate public facilities available to support it.
These requirements insure compliance with County land development regulations and
adequate public facility requirements. Collier County has not identified any inadequate
public facilities that will prohibit development within the proposed District.
Local Specialized Problem: None
Factor Six
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Factor six deals with whether the area that will be serviced by the District is amenable to
separate special-district government.
As discussed in the prior factor analysis, the land area is of sufficient size, and is
sufficiently compact and sufficiently contiguous to be a functional community. The
project area is also located in an area where other large-scale master planned
communities have been developed utilizing the community development district. In my
opinion the land area for the District is amenable to special district government because
the land area proposed to be established as a District has the need for the services and
at a level that may be provided by the District. The District would also benefit from the
provision of District services in that the services will be tailored to the specific needs of
the District while consistent with the goals, objectives and policies of the local growth
management plan.
Local Specialized Problem: None
Summary
Long term and sustained adequacy and efficiency of infrastructure are important, and I
note that among the three alternatives discussed, the proposed District would more
closely and efficiently manage services and facilities given that the District's sole
responsibility is the community development's infrastructure needs, both immediate and
in the long term. Further, a District can be more responsive to the property owners of
CDD - ARTESIA NAPLES,doc
Page 12 of 13
the community development and other affected parties, than can be provided by the
alternatives, which either have a broader public accountability, or more even move
narrowed interests.
The proposed Artesia Naples Community Development District is the most appropriate
means of providing community development, services and facilities because it will be
functionally involved in the overall physical master planning of the development, which
equitably distributes the cost and responsibilities to the users of the systems, services
and facilities, provides for long term maintenance, and provides a greater assurance
that the residents served by the Artesia Naples will have a sustained level of service to
meet their desired quality of life.
I attest that the statements and finding in this document are true and accurate to the
best of my knowledge.
~
~
The foregoing instrument was acknowledged before me thisC'--' \\ day
of \ \1; '\._, \ 2006, by D. Wayne Arnold who is personally known to me.
Signature of Notary Public
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a-: :*i MY COMMISSION' DO 495073
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Notary's Printed Name t \~\\(Ck,-~,
My Commission Expires:
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coo - ARTESIA NAPLES,doc
Page 13 of 13
TESTIMONY OF VICE PRESIDENT
1. Please state your name and business address.
Ernest Scheidemann
WCI Communities, Inc.
24301 Walden Center Drive
Bonita Springs, FL 34134
2. By whom are you employed and in what capacity?
WCI Communities, Inc.
Vice President and Treasurer
3. Please describe your duties in this position.
Responsible for all treasury and financing activities at WCI Communities, Inc.
4. Please describe your experience and credentials, including your current
employment.
24 years business & financial experience. CPA and MBA designations.
5. How long have you held this position?
I have been Treasurer at WCI Communities for one year.
6. Are you generally familiar with the geographic areas, type, and scope of
development and the available services and facilities within the proposed
Community Development District to be known as Artesia Naples Community
Development District?
Yes.
7. Please describe your involvement with the Petition for an Ordinance to Establish
the Artesia Naples Community Development District ("Petition").
Responsible for submission of the Petition on behalf of the Petitioner.
8. Have you reviewed the contents of the Petition?
Yes.
I
EXHIBIT
g
1
9. Are there any changes or corrections to any of the Exhibits attached to the
Petition at this time?
No.
10. Are the contents of the Petition and Exhibits true and correct to the best of your
knowledge?
Yes.
11. In response to this Petition, what action has Collier County Taken?
None at this time.
12. Approximately how large is the land area proposed to be in the Artesia Naples
CDD?
261.6 contiguous acres.
13. Who are the Owners of the proposed land to be included in the Artesia Naples
CDD?
WCI Communities, Inc.
14. Have the Owners Provided an Affidavit of Ownership and Consent to the
Creation ofthe Artesia Naples CDD?
Yes.
15. Does this conclude your testimony?
Yes.
~ide~
Vice President & Treasurer
2
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 and correct
copy of:
ORDINANCE 2006-33
Which was adopted by the Board of County Commissioners
on the 20th day of June, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of June, 2006.
DWIGHT E. BROCK
Clerk of Courts and. Clerk
Ex-officio to Board:';Df
'"".
County Commissioners.,
().M.v ~ t9-l..... -Q C .
By: Ann Jennejohn,
Deputy Clerk