Agenda 01/11/2022 Item #16A12 (Resolution - Waiver of optional local public hearing on Boundary Amendment Petition by Fiddler's Creek CDD)01/11/2022
EXECUTIVE SUMMARY
Recommendation to provide a waiver of the optional local public hearing pursuant to Section
190.046(1)(d)3., Florida Statutes, on the Boundary Amendment Petition submitted by Fiddler’s
Creek Community Development District #1 to the Florida Land and Water Adjudicatory
Commission.
OBJECTIVE: To waive the optional local hearing on the Fiddler’s Creek Community Development
District #1 pursuant to Sec. 190.046(1)(d)3, F.S.
CONSIDERATIONS: Fiddler’s Creek Community Development District #1 (the “District”) is a special
and single-purpose local government established pursuant to the provisions of Chapter 190, Florida
Statutes, by the Florida Land and Water Adjudicatory Commission (hereafter “FLWAC”) Rule 42X-
1.001, Florida Administrative Code. The District is located entirely in the unincorporated area of Collier
County, Florida.
The Board of Supervisors of the District has submitted a petition (the “Boundary Amendment Petition”)
to FLWAC for the purpose of amending the boundaries of the District to (i) contract the boundaries of the
District by removing three land areas that total approximately 38.50 acres and (ii) expand the boundaries
of the District by adding three (3) land areas that total approximately 11.87 acres.
The FLWAC had reviewed the Boundary Amendment Petition and certified that it was complete for
processing and requested that the District hold a local public hearing on the Boundary Amendment
Petition pursuant to Section 190.046(1)(d)4. and Section 190.005(1)(d), Florida Statutes. That local
hearing on the Boundary Amendment Petition has been scheduled for January 26, 2022.
It should be also noted that the land adjustment associated with the CDD involves the Fiddler’s Creek
Community Development District #2, which has submitted a petition to adjust the District’s Boundary
and will be placed on a future Board of County Commissioner’s public hearing agenda.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of
three is needed to waive the optional local hearing on the Boundary Amendment Petition. (JAK)
RECOMMENDATION: To waive the optional local hearing on the Fiddler’s Creek Community
Development District #1 pursuant to Sec. 190.046(1)(d)3, F.S.
Prepared by: Mike Bosi, Director, Zoning Division
ATTACHMENT(S)
1. BCC Resolution 22-Waiving Optional Hearing (DOCX)
2. Letter to CDD w_o Petition (PDF)
16.A.12
Packet Pg. 260
01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 20861
Item Summary: Recommendation to provide a waiver of the optional local public hearing
pursuant to Section 190.046(1)(d)3., Florida Statutes, on the Boundary Amendment Petition submitted by
Fiddler’s Creek Community Development District #1 to the Florida Land and Water Adjudicatory
Commission.
Meeting Date: 01/11/2022
Prepared by:
Title: – Zoning
Name: Mike Bosi
12/15/2021 4:19 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
12/15/2021 4:19 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Skipped 12/15/2021 4:16 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/15/2021 4:32 PM
Growth Management Department Mike Bosi Transportation Skipped 12/15/2021 4:16 PM
Growth Management Department James C French Growth Management Completed 12/22/2021 6:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 12/28/2021 9:51 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/23/2021 8:27 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/23/2021 10:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/28/2021 2:55 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/30/2021 10:04 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.A.12
Packet Pg. 261
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RESOLUTION 22-___
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
WAIVING THE OPTIONAL LOCAL PUBLIC HEARING ON
THE PETITION TO AMEND THE BOUNDARIES OF
FIDDLER’S CREEK COMMUNITY DEVELOPMENT
DISTRICT #1 THAT WAS FILED WITH THE FLORIDA
LAND AND WATER ADJUDICATORY COMMISION; AND
PROVIDING FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, Fiddler’s Creek Community Development District #1 (the “District”) is a
special and single-purpose local government established pursuant to the provisions of Chapter 190,
Florida Statutes, by the Florida Land and Water Adjudicatory Commission (hereafter “FLWAC”)
Rule 42X-1.001, Florida Administrative Code. The District is located entirely in the
unincorporated area of Collier County, Florida; and
WHEREAS, the Board of Supervisors of the District has submitted a petition (the
“Boundary Amendment Petition”) to FLWAC for the purpose of amending the boundaries of the
District to (i) contract the boundaries of the District by removing three land areas that total
approximately 38.50 acres and (ii) expand the boundaries of the District by adding three (3) land
areas that total approximately 11.87 acres; and
WHEREAS, Section 190.046(1)(d)1., Florida Statutes provides that for those districts
initially established by administrative rule pursuant to Section 190.005(1), Florida Statutes, the
Boundary Amendment Petition shall be filed with FLWAC; and
WHEREAS, because the District was originally formed by FLWAC, the Boundary
Amendment Petition was submitted by the District to FLWAC on November 18, 2021; and
WHEREAS, by letter dated December 3, 2021, Chris Spencer, Secretary for FLWAC
advised the District that FLWAC had reviewed the Boundary Amendment Petition and certified
that it was complete for processing and requested that the District hold a local public hearing on
the Boundary Amendment Petition pursuant to Section 190.046(1)(d)4. and Section 190.005(1)(d),
Florida Statutes; and
WHEREAS, the District has scheduled its local public hearing on the Boundary
Amendment Petition for January 26, 2022; and
WHEREAS, pursuant to Section 190.046(1)(d)2., Florida Statutes, the District has
provided a copy of the Boundary Amendment Petition to Collier County and simultaneously paid
the filing fee of $1,500 required by such statute; and
16.A.12.a
Packet Pg. 262 Attachment: BCC Resolution 22-Waiving Optional Hearing (20861 : Fiddler's Creek CDD Optional Hearing Waiver)
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WHEREAS, pursuant to Section 190.046(1)(d)3., Florida Statutes, the County has the
option of holding its own local public hearing on the Boundary Amendment Petition; and
WHEREAS, the Board of County Commissioners desires to waive its option to hold an
optional local public hearing on the Boundary Amendment Petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct and incorporated
herein by this reference.
SECTION 2. WAIVER OF OPTIONAL LOCAL PUBLIC HEARING. The Board of
County Commissioners of Collier County, Florida hereby waives the option of holding an optional
local public hearing on the Boundary Amendment Petition submitted by the District to FLWAC
pursuant to Section 190.046(1)(d)3., Florida Statutes. The District is hereby allowed to seek
amendment to the District’s boundaries from FLWAC as stated in the Boundary Amendment
Petition filed with FLWAC pursuant to Section 190.046(1)(d), Florida Statutes.
SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon its
adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 11th day of January, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ___________________________ By: ____________________________
, Deputy Clerk Penny Taylor, Chair
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney.
16.A.12.a
Packet Pg. 263 Attachment: BCC Resolution 22-Waiving Optional Hearing (20861 : Fiddler's Creek CDD Optional Hearing Waiver)
16.A.12.b
Packet Pg. 264 Attachment: Letter to CDD w_o Petition (20861 : Fiddler's Creek CDD Optional Hearing Waiver)