Agenda 01/09/2024 Item #16A15 (Resolution - Waiving the optional local public hearing relation to the Establishment of Tranquilty Lakes CDD)01/09/2024
EXECUTIVE SUMMARY
Recommendation to adopt a resolution waiving the optional local public hearing relating to the petition to
establish the Tranquility Lakes Community Development District pursuant to Sections 190.005(1), Florida
Statutes.
OBJECTIVE: For the Board of County Commissioners (Board) to waive the optional local public hearing on the
petition to establish the Tranquility Lakes Community Development District (CDD) as filed with the State of
Florida Land and Water Adjudicatory Commission.
CONSIDERATIONS: In accordance with Section 190.005(1), Florida Statutes, the Petitioners, Brentwood
Holdings Limited Partnership, and 27th Pico Boulevard Limited Partnership, have submitted a petition to establish
the Tranquility Lakes CDD to the State of Florida Land and Water Adjudicatory Commission.
The proposed CDD consists of 2,787.27 acres and is generally located south and east of Immokalee Road, north of
47th Avenue NE, and west of Everglades Boulevard. Florida Statutes require that the establishment of Community
Development Districts of 2,500 acres or larger be regulated by the State of Florida Land and Water Adjudicatory
Commission.
Florida Statutes gives Collier County the option of holding a public hearing to consider the petition; the public
hearing would be limited to consideration of the contents of the petition and whether the County should support the
petition for amendment. The Petitioners are not requesting a local public hearing by the County.
FISCAL IMPACT: A $15,000 filing fee was submitted with this petition and deposited in Planning Services Fund
(1014), Planning Cost Center (138326).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. -DDP
RECOMMENDATION: To adopt a resolution waiving the optional local public hearing on the petition to
establish the Tranquility Lakes CDD as filed with the State of Florida Land and Water Adjudicatory Commission
pursuant to Sections 190.005(1), Florida Statutes.
Prepared by: Rachel Hansen, AICP Candidate, Zoning Division
ATTACHMENT(S)
1. Resolution - 121223 (PDF)
2. Petition to Establish Tranquility Lakes CDD - FLWAC (PDF)
16.A.15
Packet Pg. 552
01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 27448
Item Summary: Recommendation to adopt a resolution waiving the optional local public hearing relating to the
petition to establish the Tranquility Lakes Community Development District pursuant to Sections 190.005(1),
Florida Statutes.
Meeting Date: 01/09/2024
Prepared by:
Title: – Zoning
Name: Rachel Hansen
12/12/2023 11:53 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
12/12/2023 11:53 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 12/12/2023 12:53 PM
Growth Management Community Development Department Diane Lynch Department review Completed
12/13/2023 10:38 AM
Growth Management Community Development Department James C French Growth Management Completed
12/14/2023 6:04 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/19/2023 9:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/19/2023 10:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2023 9:17 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2023 8:44 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/27/2023 3:10 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 12/29/2023 2:26 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.A.15
Packet Pg. 553
RESOLUTION NO.24.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
WAIVING THE OPTIONAL LOCAL PUBLIC HEARING ON
THE PETITION TO ESTABLISH THE TRANQUILITY
LAKES COMMUNITY DEVELOPME,NT DISTRICT THAT
WAS FILED WITH THE, FLORIDA LAND AND WATER
ADJUDICATORY COMMISION; AND PROVIDING FOR
AN EFFECTIVE DATE.
RIiCITALS
WHEREAS, Brentwood Holdings Limited Partnership and 27th Pico Boulevard Limited
Partnership (hereinafter, the "Petitioners") petitioned the Florida Land and Water Adjudicatory
Commission (FLWAC), pursuant to the "Uniform Community Development District Act of
1980," Florida Statutes Chapter 190, and Florida Administrative Code Chaptcr 42-1, to establish
the Tranquility Lakes Community Development District, located entirely within Collier County,
Florida (hereinafter, the "Establishment Petition"); and
WHEREAS, pursuant to Florida Statutes section 190.005(lxb), the Petitioners have
provided a copy of the Establishment Petition to Collier County (PL20230014490) and
simullaneously paid the statutory filing fee of$15,000; and
WHEREAS, pursuant to Florida Statutes section 190.005(l)(c), Collier County has the
option ofholding its own local public hearing on the Establishment Petition; and
WHEREAS, the Board of County Commissioners desires to waivc 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.
herein by this ref'erence.
The foregoing recitals are true and correct and incorporated
SECTION 2. WAMR OF OPTIONAL LOCAL PUBLIC HEARING. The Board of
County Commissioners of Collier County, Florida, hereby waives the option ofholding an optional
local public hearing on the Establishment Petition submitted by the Petitioners to FLWAC
pursuant to Florida Statutes section 190.005(1)(c). The Petitioners are hereby allowed to seek
establishment of the Tranquility Lakes Community Dcvelopment District from the FLWAC as
stated in the Establishment Petition liled with FLWAC pursuant to Florida Statutes section
190.005.
SECTION 3. EFFECTIVE DATE.
adoption.
This Resolution shall become effective upon its
[23-CMP-o r 193/ 1833334/ t]Page I of2
cAo
16.A.15.a
Packet Pg. 554 Attachment: Resolution - 121223 (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 9th day ofJanuary 2024.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
, Dcputy Cllcrk
Approved as to form and legaliry:
Derek D. Perry
Assistant County Attomey
BOARD OF COTINTY COMMISSIONERS
COLI-IER COLTNTY, FI-ORIDA
By:
Ckis I Iatt, Chairman
[23-CMP-01 193/1833334i ll Pagc 2 of 2 q"
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Packet Pg. 555 Attachment: Resolution - 121223 (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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BEFORE THE
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
IN RE: Petition to Establish the Tranquility Lakes )
Community Development District )
__________________________________________)
PETITION TO ESTABLISH THE
TRANQUILITY LAKES COMMUNITY DEVELOPMENT DISTRICT
Brentwood Holdings Limited Partnership and 27th Pico Boulevard Limited Partnership
(hereafter “Petitioner”), hereby petitions the Florida Land and Water Adjudicatory Commission,
pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida
Statutes, and Chapter 42-1, Florida Administrative Code, to establish a community development
district ("CDD" or "District") with respect to the land described herein. In support of this
Petition, Petitioner states as follows:
1. Location and Size. The proposed District is located within Collier County,
Florida. Exhibit 1 depicts the general location of the project. The proposed District covers
approximately 2,787.27 acres of land, more or less. The site is generally located south and east
of Immokalee Road, north of 47th Avenue NE, and west of Everglades Boulevard. The metes
and bounds description of the proposed external boundaries of the District is set forth in Exhibit
2.
2. Excluded Parcels. There are no parcels within the external boundaries of the
proposed District which are to be excluded from the District.
3. Landowner Consent. Petitioner has obtained written consent to establish the
District from the owners of one hundred percent (100%) of the real property located within the
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Packet Pg. 556 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
-2 -
boundaries of the proposed District, in accordance with Section 190.005, Florida Statutes.
Documentation of this consent is contained in Exhibit 3.
4. Initial Board Members. The five (5) persons designated to serve as initial
members of the Board of Supervisors of the proposed District are as follows:
Name: Mr. Jeff Greene
Address: 95 North County Road
Palm Beach, Florida 33480
Name: Mrs. Mei Sze Greene
Address: 95 North County Road
Palm Beach, Florida 33480
Name: Ms. Heydi Castellon
Address: 95 North County Road
Palm Beach, Florida 33480
Name: Mr. Stuart Grossman
Address: 100 SE 2nd Street, 36th Floor
Miami, Florida 33131
Name: Mr. Donald Schrotenboer
Address: 11456 Remington Chase
Fort Myers, Florida 33913
All of the above-listed persons are residents of the state of Florida and citizens of
the United States of America.
5. Name. The proposed name of the District is Tranquility Lakes Community
Development District.
6. Future Land Uses. The general distribution, location, and extent of the public and
private future land uses proposed for the District, in accordance with the future land use plan
elements of the Collier County Future Land Use Plan is identified in Exhibit 4. The proposed
land uses for lands contained within the proposed District are consistent with the approved
Collier County Future Land Use Plan.
16.A.15.b
Packet Pg. 557 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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7. Major Water and Wastewater Facilities. There are no existing major trunk water
mains and wastewater interceptors within the currently undeveloped lands to be included within
the proposed District. Exhibit 5 shows the proposed major trunk water mains and sewer
connections and outfalls serving the lands within and around the proposed District.
8. District Facilities and Services. Exhibit 6 contains descriptions of the type of
facilities Petitioner presently expects the proposed District to finance, fund, construct, acquire
and/or install, as well as the anticipated entity responsible for ownership and maintenance. The
estimated costs of constructing the infrastructure serving land within the proposed District are
also identified in Exhibit 7. At present, these improvements are estimated to be made, acquired,
constructed and/or installed from 2024 to 2031. Actual construction timetables and expenditures
will likely vary, due in part to the effects of future changes in the economic conditions upon
costs such as labor, services, materials, interest rates and market conditions.
9. Statement of Estimated Regulatory Costs. Exhibit 8 is the statement of estimated
regulatory costs (“SERC”) prepared in accordance with the requirements of Section 120.541,
Florida Statutes. The SERC is based upon presently available data. The data and methodology
used in preparing the SERC accompany it.
10. Authorized Agent. The Petitioner is authorized to do business in Florida.
Exhibit 9 identifies the authorized agent for the Petitioner. Copies of all correspondence and
official notices should be sent to:
Jonathan T. Johnson
Jonathan.Johnson@Kutakrock.com
Kutak Rock LLP
107 West College Avenue
Tallahassee, Florida 32314
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Packet Pg. 558 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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11. Filing Fee. Prior to the filing of this Petition, the Petitioner submitted a copy of
this Petition and a $15,000 filing fee to Collier County as required by Section 190.005(1)(b)1,
Florida Statutes.
12. This petition to establish the Tranquility Lakes Community Development District
should be granted for the following reasons:
a. Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the effective State
Comprehensive Plan or the Collier County Comprehensive Plan.
b. The area of land within the proposed District is part of a planned community. It is
of a sufficient size and is sufficiently compact and contiguous to be developed as one functional
and interrelated community.
c. The establishment of the District will prevent the general body of taxpayers in
Collier County from bearing the burden for installation of the infrastructure and the maintenance
of certain facilities within the development encompassed by the District. The District is the best
alternative for delivering community development services and facilities to the proposed
community without imposing an additional burden on the general population of the local
general-purpose government. Establishment of the District in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use of resources.
d. The community development services and facilities of the District will not be
incompatible with the capacity and use of existing local and regional community development
services and facilities. In addition, the establishment of the District will provide a perpetual
entity capable of making reasonable provisions for the operation and maintenance of the
District’s services and facilities.
16.A.15.b
Packet Pg. 559 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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e. The area to be served by the proposed District is amenable to separate special-
district government.
WHEREFORE, Petitioner respectfully requests the Florida Land and Water Adjudicatory
Commission to:
A. Find this petition complete and refer this matter to the Division of
Administrative Hearings, requesting that an Administrative Law Judge be appointed to conduct a
hearing as required by Section 190.005(1)(d), Florida Statutes; and
B. Receive the record of this hearing from the Administrative Law Judge as
to whether the Petition satisfied the provisions of Section 190.005(1)(e), Florida Statutes, and
grant the petition by adopting a rule establishing the District pursuant to Chapter 190, Florida
Statutes.
{Signature Set Forth on the Following Page}
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Packet Pg. 560 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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RESPECTFULLY SUBMITTED, this 7th day of September, 2023.
KUTAK ROCK LLP
Jonathan T. Johnson
Florida Bar No.986460
Jonathan.Johnson@Kutakrock.com
Kyle Magee
Florida Bar No. 120117
Kyle.Magee@Kutakrock.com
107 West College Avenue
Tallahassee, Florida 32301
(850) 692-7300 (telephone)
(850) 692-7319 (facsimile)
Attorneys for Petitioner
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Packet Pg. 561 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 1
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Packet Pg. 562 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 1 - LOCATION MAP003000'1500'SCALE: 1" = 3000'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSIMMOKALEE ROADIMMOKALEE ROAD
PLATT ROAD47th AVE NEEVERGLADES BLVD N SITE LOCATION16.A.15.bPacket Pg. 563Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 2
16.A.15.b
Packet Pg. 564 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKES
LEGAL DESCRIPTION
PARCEL ONE:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-
QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP 47
SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA
PARCEL TWO:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF
RESERVED FOR ROAD PURPOSES.
PARCEL THREE:
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST ONE-HALF
(E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEST ONE QUARTER (NE 1/4)
OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 25, LESS THE NORTH 50 FEET FOR
COUNTY ROAD 846; AND THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SAID SECTION 25; AND THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID
SECTION 25.
AND
COMMENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA, RUN NORTH 89˚22’10” WEST 332.65 FEET ALONG THE NORTH
LINE OF SAID SECTION 25, SAID LINE ALSO BEING THE CENTER LINE OF C.R.846; THENCE SOUTH
00˚09’10” WEST 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF C.R. 846 AND THE POINT OF
BEGINNING; THENCE SOUTH 00˚09’10” WEST 2,611.52 FEET; THENCE NORTH 89˚24’40” WEST
1,334.60 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION 25; THENCE NORTH 00˚14’19”
EAST 1,331.26 FEET; THENCE SOUTH 89˚23’20” EAST 333.51 FEET; THENCE NORTH 00˚12’14”
EAST 1,281.09 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF C.R. 846; THENCE SOUTH
89˚22’10” EAST 997.97 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING.
16.A.15.b
Packet Pg. 565 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
PARCEL FOUR:
THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF AND
LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD PURPOSES.
PARCEL FIVE:
THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF
RESERVED FOR ROAD PURPOSES.
PARCEL SIX:
THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF AND
LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD PURPOSES.
PARCEL SEVEN:
THE EAST 1/2 OF THE SOUTHEAST 1/4 AND THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
PARCEL EIGHT:
ALL OF SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS 1
AND 2, TOWNSHIP 48 SOUTH, RANGES 27 EAST, IN COLIER COUNTY, FLORIDA, LESS THE WEST 50
FEET OF SECTION 35 AND SECTION 2.
SAID PARCELS CONTAINING 2,787.27 ACRES, MORE OR LESS.
16.A.15.b
Packet Pg. 566 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 3
16.A.15.b
Packet Pg. 567 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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Packet Pg. 568 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
PALM BEACH
x
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Packet Pg. 569 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
Exhibit A
LEGAL DESCRIPTION
PARCEL ONE:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-
QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP 47
SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA
PARCEL TWO:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF
RESERVED FOR ROAD PURPOSES.
PARCEL THREE:
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST ONE-HALF
(E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEST ONE QUARTER (NE 1/4)
OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 25, LESS THE NORTH 50 FEET FOR
COUNTY ROAD 846; AND THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SAID SECTION 25; AND THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID
SECTION 25.
AND
COMMENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA, RUN NORTH 89˚22’10” WEST 332.65 FEET ALONG THE NORTH
LINE OF SAID SECTION 25, SAID LINE ALSO BEING THE CENTER LINE OF C.R.846; THENCE SOUTH
00˚09’10” WEST 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF C.R. 846 AND THE POINT OF
BEGINNING; THENCE SOUTH 00˚09’10” WEST 2,611.52 FEET; THENCE NORTH 89˚24’40” WEST
1,334.60 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION 25; THENCE NORTH 00˚14’19”
EAST 1,331.26 FEET; THENCE SOUTH 89˚23’20” EAST 333.51 FEET; THENCE NORTH 00˚12’14”
EAST 1,281.09 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF C.R. 846; THENCE SOUTH
89˚22’10” EAST 997.97 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING.
16.A.15.b
Packet Pg. 570 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
PARCEL FOUR:
THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF AND
LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD PURPOSES.
PARCEL FIVE:
THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF
RESERVED FOR ROAD PURPOSES.
PARCEL SIX:
THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP
47 SOUTH, RANGE 27 EAST, COLLIER, COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF AND
LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD PURPOSES.
PARCEL SEVEN:
THE EAST 1/2 OF THE SOUTHEAST 1/4 AND THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
PARCEL EIGHT:
ALL OF SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS 1
AND 2, TOWNSHIP 48 SOUTH, RANGES 27 EAST, IN COLIER COUNTY, FLORIDA, LESS THE WEST 50
FEET OF SECTION 35 AND SECTION 2.
SAID PARCELS CONTAINING 2,787.27 ACRES, MORE OR LESS.
16.A.15.b
Packet Pg. 571 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 4
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Packet Pg. 572 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 3 - ADJACENT FUTURE LAND USE AND PHASING002000'1000'SCALE: 1" = 2000'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSIMMOKALEE ROADIMMOKALEE ROAD
PLATT ROAD47th AVE NESITE LOCATIONMINED LAKEPHASE 1 (310 UNITS)PHASE 2 (225 UNITS)PHASE 3 (378 UNITS)PHASE 4 (284 UNITS)PHASE 5 (482 UNITS)PHASE 6 (318 UNITS)PHASE 7 (0 UNITS)FLU: RF-NFLU: ESFLU: CFLU: ESPHASING LEGENDFUTURE LAND USE CODESRF-N = RURAL FRINGE -NEUTRAL LANDSES = ESTATES DESIGNATIONC = CONSERVATION DESIGNATIONFLU: RFMUDRFMUD = RURAL FRINGE MIXEDUSE DISTRICT16.A.15.bPacket Pg. 573Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 5
16.A.15.b
Packet Pg. 574 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 5A - PROPOSED SANITARY SEWER INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.APROPOSEDPUMPSTATION 1PROPOSEDFORCEMAINPROPOSEDGRAVITYSANITARYSEWER (TYP)CDD BOUNDARYSEE SHEET 5CSEE SHEET 5B 16.A.15.bPacket Pg. 575Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 5B - PROPOSED SANITARY SEWER INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.BPROPOSEDPUMPSTATION 2PROPOSEDPUMPSTATION 3PROPOSED GRAVITYSANITARY SEWER(TYP)PROPOSEDFORCE MAINCDD BOUNDARYSEE SHEET 5DSEE SHEET 5A
16.A.15.bPacket Pg. 576Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 5C - PROPOSED SANITARY SEWER INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.PROPOSEDFORCE MAINPROPOSEDGRAVITYSANITARYSEWER (TYP)PROPOSEDPUMPSTATION 4CPROPOSEDPUMPSTATION 5CDD BOUNDARYSEE SHEET 5ASEE SHEET 5DPROPOSED FORCE MAINCONNECTION LINE (TYP)16.A.15.bPacket Pg. 577Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 5D - PROPOSED SANITARY SEWER INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.PROPOSEDFORCE MAINPROPOSED GRAVITYSANITARY SEWER (TYP)PROPOSED PUMPSTATION 7PROPOSEDPUMP STATION 6DCDD BOUNDARYSEE SHEET 5BSEE SHEET 5C
16.A.15.bPacket Pg. 578Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 6A - PROPOSED WATER DISTRIBUTION INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.APROPOSED WATER MAINDISTRIBUTION LINE (TYP)CDD BOUNDARYSEE SHEET 6CSEE SHEET 6B 16.A.15.bPacket Pg. 579Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 6B - PROPOSED WATER DISTRIBUTION INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.BPROPOSED WATER MAINDISTRIBUTION LINE (TYP)CDD BOUNDARYSEE SHEET 6DSEE SHEET 6A
16.A.15.bPacket Pg. 580Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 6C - PROPOSED WATER DISTRIBUTION INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.CPROPOSED WATER MAINCONNECTION LINE (TYP)CDD BOUNDARYSEE SHEET 6ASEE SHEET 6D 16.A.15.bPacket Pg. 581Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKESEXHIBIT 6D - PROPOSED WATER DISTRIBUTION INFRASTRUCTURE00700'350'SCALE: 1" = 700'NJuly 27, 2023001030E02 - CDD EXHIBITS.DWGJ.R.ENGINEERINGEVANSKEY MAPN.T.S.DPROPOSED WATER MAINDISTRIBUTION LINE (TYP)CDD BOUNDARYSEE SHEET 6BSEE SHEET 6C
16.A.15.bPacket Pg. 582Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 6
16.A.15.b
Packet Pg. 583 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
Tranquility Lakes CDD
Infrastructure Ownership and Maintenance
IMPROVEMENT OWNERSHIP OPERATION & MAINTENANCE
Storm Water Management CDD CDD
Potable Water Collier County Collier County
Sanitary Sewer Collier County Collier County
Off-Site Improvements Collier County Collier County
Roadways CDD CDD
Preserves CDD CDD
16.A.15.b
Packet Pg. 584 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 7
16.A.15.b
Packet Pg. 585 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
Tranquility Lakes CDD
Estimated Costs and Timeline
Improvement Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 6 Total
Gutters and
Curbing
$851,426.00 $475,659.75 $717,316.25 $418,271.75 $558,085.00 $395,276.75 $3,416,035.50
Drainage $1,973,608.95 $1,318,547.65 $2,108,276.10 $1,482,797.60 $2,323,520.60 $1,247,201.65 $10,453,952.55
Potable Water $2,741,258.35 $1,805,989.05 $2,560,608.30 $1,688,814.75 $2,070,769.35 $1,451,920.50 $12,319,360.30
Sanitary Sewer $4,419,438.40 $2,554,004.70 $3,466,335.25 $2,292,586.30 $2,735,121.20 $2,116,424.80 $17,583,910.65
Earthwork and
Excavation
$11,638,270.75 $6,345,016.90 $9,289,890.60 $2,484,574.70 $5,643,498.50 $1,568,381.15 $36,969,632.60
Conservation and
Mitigation
$4,300,000 ----------$4,300,000.00
TOTAL $25,924,002.45 $12,499,218.05 $18,142,426.50 $8,367,045.10 $13,330,994.65 $6,779,204.85 $85,042,891.60
1.The Earthwork and Excavation line item includes the following: Clearing and Grubbing, Final Grading, and
Excavation/Haul/Spread/Compact.
2.The Conservation and Mitigation line item includes the following: Conservation Lands Mitigation, Farm Field Restoration, and
Gopher Tortoise Preserve Enhancement activities as well as 5 years of maintenance and monitoring for each.
Construction Timeline Estimate: 2024 - 2031
16.A.15.b
Packet Pg. 586 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD
EXHIBIT 8
16.A.15.b
Packet Pg. 587 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
TRANQUILITY LAKES
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
JULY 21, 2023
Provided by
Wrathell, Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, FL 33431
Phone: 561-571-0010
Fax: 561-571-0013
Website: www.whhassociates.com
16.A.15.b
Packet Pg. 588 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
1
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Tranquility Lakes Community Development District ("District"). The proposed District will comprise
approximately 2,787.27 +/- acres of land located within unincorporated Collier County, Florida (the
"County") and is projected to contain approximately 1,997 residential dwelling units. The limitations
on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Florida Statutes ("F.S.")
(governing District establishment) as follows:
"That the process of establishing such a district pursuant to uniform general law
be fair and based only on factors material to managing and financing the service
delivery function of the district, so that any matter concerning permitting or
planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Tranquility Lakes Community Development District
The District is designed to provide public infrastructure, services, and facilities along with operation
and maintenance of the same to a master planned residential development currently anticipated to
contain a total of approximately 1,997 residential dwelling units, all within the boundaries of the
District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and
ownership/maintenance responsibilities the proposed District is anticipated to construct, operate and
maintain.
A community development district ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital infrastructure
in order to service projected growth without overburdening other governments and their taxpayers."
Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by
general purpose governments. A CDD is an alternative means of financing, construction, operating
and maintaining public infrastructure for developments, such as Tranquility Lakes.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2016), defines the elements a statement of estimated regulatory costs must
contain:
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2
(a) An economic analysis showing whether the rule directly or indirectly:
1. Is likely to have an adverse impact on economic growth, private sector job creation or employment,
or private sector investment in excess of $1 million in the aggregate within 5 years after the
implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability of persons
doing business in the state to compete with persons doing business in other states or domestic
markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the
aggregate within 5 years after the implementation of the rule.
(b) 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.
(c) 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 or local
revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local government entities, required to comply with the requirements of the rule. As used in
this section, "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, the cost of monitoring and reporting, and any other costs
necessary to comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the
impact on small counties and small cities as defined in s. 120.52. The impact analysis for small
businesses must include the basis for the agency’s decision not to implement alternatives that would
reduce adverse impacts on small businesses. (Collier County, according to Census 2020, has a
population of 375,752; therefore, it is not defined as a small County for the purposes of this
requirement.)
(f) Any additional information that the agency determines may be useful.
(g) In the statement or revised statement, whichever applies, a description of any regulatory
alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement
of the reasons for rejecting the alternative in favor of the proposed rule.
2.0 An economic analysis showing whether the rule directly or indirectly:
1. Is likely to have an adverse impact on economic growth, private sector job creation
or employment, or private sector investment in excess of $1 million in the aggregate
within 5 years after the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the
ability of persons doing business in the state to compete with persons doing business
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Packet Pg. 590 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
3
in other states or domestic markets, productivity, or innovation in excess of $1 million
in the aggregate within 5 years after the implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess
of $1 million in the aggregate within 5 years after the implementation of the rule.
The rule establishing the District is not anticipated to have any direct or indirect adverse impact on
economic growth, private sector job creation or employment, private sector investment, business
competitiveness, ability of persons doing business in the state to compete with persons doing business
in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs,
principally the anticipated increases in transactional costs as a result of imposition of special
assessments by the District will be the direct result of facilities and services provided by the District
to the landowners within the District. However, as property ownership in the District is voluntary and
all additional costs will be disclosed to prospective buyers prior to sale, such increases should be
considered voluntary, self-imposed and offset by benefits received from the infrastructure and services
provided by the District.
2.1 Impact on economic growth, private sector job creation or employment, or private
sector investment in excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
The purpose for establishment of the District is to provide public facilities and services to support the
development of a new, master planned residential development. The development of the
approximately 2,787.27 +/- acres anticipated to be within the District will promote local economic
activity, create local value, lead to local private sector investment and is likely to result in local private
sector employment and/or local job creation.
Establishment of the District will allow a systematic method to plan, fund, implement, operate and
maintain, for the benefit of the landowners within the District, various public facilities and services.
Such facilities and services, as further described in Section 5, will allow for the development of the
land within the District. The provision of District's infrastructure and the subsequent development
of land will generate private economic activity, economic growth, investment and employment, and
job creation. The District intends to use proceeds of indebtedness to fund construction of public
infrastructure, which will be constructed by private firms, and once constructed, is likely to use private
firms to operate and maintain such infrastructure and provide services to the landowners and residents
of the District. The private developer of the land in the District will use its private funds to conduct
the private land development and construction of an anticipated approximately 1,997 residential
dwelling units, the construction, sale, and continued use/maintenance of which will involve private
firms. While similar economic growth, private sector job creation or employment, or private sector
investment could be achieved in absence of the District by the private sector alone, the fact that the
establishment of the District is initiated by the private developer means that the private developer
considers the establishment and continued operation of the District as beneficial to the process of
land development and the future economic activity taking place within the District, which in turn will
lead directly or indirectly to economic growth, likely private sector job growth and/or support private
sector employment, and private sector investments.
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Packet Pg. 591 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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2.2 Impact on business competitiveness, including the ability of persons doing business
in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
When assessing the question of whether the establishment of the District is likely to directly or
indirectly have an adverse impact on business competitiveness, including the ability of persons doing
business in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation, one has to compare these factors in the presence and in the absence of
the District in the development. When the question is phrased in this manner, it can be surmised that
the establishment of the District is likely to not have a direct or indirect adverse impact on business
competitiveness, productivity, or innovation versus that same development without the District.
Similar to a purely private solution, District contracts will be bid competitively as to achieve the lowest
cost/best value for the particular infrastructure or services desired by the landowners, which will
insure that contractors wishing to bid for such contracts will have to demonstrate to the District the
most optimal mix of cost, productivity and innovation. Additionally, the establishment of the District
for the development is not likely to cause the award of the contracts to favor non-local providers any
more than if there was no District. The District, in its purchasing decisions, will not vary from the
same principles of cost, productivity and innovation that guide private enterprise.
2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation of the rule.
The establishment of the District will not increase any regulatory costs of the State or the County by
virtue that the District will be one of many already existing similar districts within the State and also
one of a many already existing similar districts in the County. As described in more detail in Section
4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the
County may incur in holding a local public hearing on the petition. Similarly, the proposed District
will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs
related to its oversight of all special districts in the State.
The establishment of the District will, however, directly increase regulatory costs to the landowners
within the District. Such increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special assessments and use fees by the District,
will be the direct result of facilities and services provided by the District to the landowners within the
District. However, as property ownership in the District is completely voluntary, all current property
owners must consent to the establishment of the District and all initial prospective buyers will have
such additional transaction costs disclosed to them prior to sale, as required by State law. Such costs,
however, should be considered voluntary, self-imposed, and as a tradeoff for the services and facilities
provided by the District.
The District will incur overall operational costs related to services for infrastructure maintenance,
landscaping, and similar items. In the initial stages of development, the costs will likely be minimized.
These operating costs will be funded by the landowners through direct funding agreements or special
assessments levied by the District. Similarly, the District may incur costs associated with the issuance
and repayment of special assessment revenue bonds. While these costs in the aggregate may approach
the stated threshold over a five year period, this would not be unusual for a Project of this nature and
16.A.15.b
Packet Pg. 592 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
5
the infrastructure and services proposed to be provided by the District will be needed to serve the
Project regardless of the existence of the District. Thus, the District-related costs are not additional
development costs. Due to the relatively low cost of financing available to CDDs, due to the tax-
exempt nature of their debt, certain improvements can be provided more efficiently by the District
than by alternative entities. Furthermore, it is important to remember that such costs would be funded
through special assessments paid by landowners within the District, and would not be a burden on
the taxpayers outside the District.
3.0 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.
The individuals and entities likely to be required to comply with the ordinance or affected by the
proposed action (i.e., adoption of the ordinance) can be categorized, as follows: 1) The State of Florida
and its residents, 2) the County and its residents, 3) current property owners, and 4) future property
owners.
a. The State of Florida
The State of Florida and its residents and general population will not incur any compliance costs
related to the establishment and on-going administration of the District, and will only be affected to
the extent that the State incurs those nominal administrative costs outlined herein. The cost of any
additional administrative services provided by the State as a result of this project will be incurred
whether the infrastructure is financed through a CDD or any alternative financing method.
b. Collier County
The County and its residents not residing within the boundaries of the District will not incur any
compliance costs related to the establishment and on-going administration of the District other than
any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to
the County. Once the District is established, these residents will not be affected by adoption of the
ordinance. The cost of any additional administrative services provided by the County as a result of
this development will be incurred whether the infrastructure is financed through a CDD or any
alternative financing method.
c. Current Property Owners
The current property owners of the lands within the proposed District boundaries will be affected to
the extent that the District allocates debt for the construction of infrastructure and undertakes
operation and maintenance responsibility for that infrastructure.
d. Future Property Owners
The future property owners are those who will own property in the proposed District. These future
property owners will be affected to the extent that the District allocates debt for the construction of
infrastructure and undertakes operation and maintenance responsibility for that infrastructure.
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Packet Pg. 593 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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4.0 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 or local revenues.
The Florida Land and Water Adjudicatory Commission will review the record of local public hearing
conducted by the County and adopt a rule that will establish the District. There is no anticipated
effect of the ordinance establishing the District on state or local revenues.
4.1 Costs to Governmental Agencies of Implementing and Enforcing Rule
Because the result of adopting the rule is the establishment of an independent local special purpose
government, there will be no significant enforcing responsibilities of any other government entity, but
there will be various implementing responsibilities which are identified with their costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District, as established on the proposed land, will
encompass over 2,500 acres and will therefore be established by the Florida Land and Water
Adjudicatory Commission, which already possesses the staff needed to conduct the review without
the need for additional staff. These activities will absorb some resources, however, these costs incurred
by the State will be modest for a number of reasons. First, review of the petition to establish the
District does not include analysis of the project itself. Second, the petition itself provides much of
the information needed for a staff review. Third, the State already possesses the staff needed to
conduct the review without the need for new staff. Fourth, there is no capital required to review the
petition. Finally, the State has in the past processed similar petitions, and will be able to rely on past
procedures to minimize any costs to review and enact the rule.
The modest costs to various State entities to implement and enforce the rule relate strictly to the
receipt and processing of various reports that the District is required to file with the State and its
various entities. Appendix A lists the reporting requirements. The annual costs to those State agencies
that will receive and process the District's reports are very small, because the District is only one of
many governmental units that are required to submit the various reports. Therefore, the marginal cost
of processing one additional set of reports is inconsequential. Additionally, pursuant to section
189.064, F.S., the District must pay an annual fee to the State of Florida Department of Economic
Opportunity which offsets such costs.
Collier County, Florida
The proposed land for the District is located within unincorporated Collier County, Florida and
consists of more than 2,500 acres. The Florida Land and Water Adjudicatory Commission will review
and analyze the Petition to establish the District and may conduct a public hearing on the Petition.
These activities will absorb some resources, however, any costs incurred by the County will be modest
and will be offset by a $15,000 fee paid to the County.
The annual costs to County, because of the establishment of the District, are also very small. The
District is an independent unit of local government. The only annual costs the County faces are the
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minimal costs of receiving and reviewing the various reports that the District is required to provide to
the County, or any monitoring expenses the County may incur if it establishes a monitoring program
for this District.
4.2 Impact on State and Local Revenues
Adoption of the proposed rule will have no negative impact on state or local revenues. The District
is an independent unit of local government. It is designed to provide infrastructure facilities and
services to serve the development project and it has its own sources of revenue. No state or local
subsidies are required or expected.
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 other local
government. In accordance with State law, debts of the District are strictly its own responsibility.
5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and
entities, including local government entities, required to comply with the requirements of the
rule.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1. Total
costs of construction for those facilities, which may be provided, are estimated to be approximately
$85,042,891.60. The District may levy non-ad valorem special assessment (by a variety of names) and
may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid
through non-ad valorem special assessments levied on all properties in the District that may benefit
from the District’s infrastructure program as outlined in Table 2.
Prospective future landowners in the development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through bond
issuance. In addition to the levy of non-ad valorem special assessments which may be used for debt
service, the District may also levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However, purchasing a property within the
District or locating in the District by new residents is completely voluntary, so, ultimately, all
landowners and residents of the affected property choose to accept the non-ad valorem assessments
as a tradeoff for the services and facilities that the District will provide. In addition, state law requires
all assessments levied by the District to be disclosed by the initial seller to all prospective purchasers
of property within the District.
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Table 1
TRANQUILITY LAKES COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
Table 2
TRANQUILITY LAKES COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
Notes:
1. The Earthwork and Excavation line item includes the following: Clearing and Grubbing, Final Grading, and
Excavation/Haul/Spread/Compact.
2. The Conservation and Mitigation line item includes the following: Conservation Lands Mitigation, Farm Field
Restoration, and Gopher Tortoise Preserve Enhancement activities as well as 5 years of maintenance and
monitoring for each.
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the establishment of the District.
Such transactional costs should be considered in terms of costs likely to be incurred under alternative
public and private mechanisms of service provision, such as other independent special districts,
County or its dependent districts, or County management but financing with municipal service benefit
units and municipal service taxing units, or private entities, all of which can be grouped into three
major categories: public district, public other, and private.
With regard to the public services delivery, dependent and other independent special districts can be
used to manage the provision of infrastructure and services, however, they are limited in the types of
FACILITY FUNDED BY OWNED BY
MAINTAINED
BY
Storm Water Management CDD CDD CDD
Potable Water CDD Collier County Collier County
Sanitary Sewer CDD Collier County Collier County
Off-Site Improvements CDD Collier County Collier County
Roadways CDD CDD CDD
Preserves CDD CDD CDD
CATEGORY COST
Gutters and Curbing $3,416,035.50
Drainage $10,453,952.55
Potable Water $12,319,360.30
Sanitary Sewer $17,583,910.65
Earthwork and Excavation $36,969,632.60
Conservation and Mitigation $4,300,000.00
Total Estimated Project Costs $85,042,891.60
16.A.15.b
Packet Pg. 596 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
9
services they can provide, and likely it would be necessary to employ more than one district to provide
all services needed by the development.
Other public entities, such as cities, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development and, transaction
costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally, other public
entities providing services would also be inconsistent with the State’s policy of "growth paying for
growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily to earn short-term profits and there is no public accountability. The marginal benefits of
tax-exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included
within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public services which in most
instances will be sustained over longer periods of time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the public services will be completed concurrently
with development of lands within the development. This satisfies the revised growth management
legislation, and it assures that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the provision of facilities,
services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide District
landowners with planning, construction, implementation and short and long-term maintenance of
public infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable,
what the landowners would have paid to install infrastructure via an alternative financing mechanism.
Consequently, a CDD provides property owners with the option of having higher levels of facilities
and services financed through self-imposed revenue. The District is an alternative means to manage
necessary development of infrastructure and services with related financing powers. District
management is no more expensive, and often less expensive, than the alternatives of various public
and private sources.
6.0 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.
There will be little impact on small businesses because of the establishment of the District. If anything,
the impact may be positive because the District must competitively bid all of its contracts and
competitively negotiate all of its contracts with consultants. This affords small businesses the
opportunity to bid on District work.
16.A.15.b
Packet Pg. 597 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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Collier County has a population of 375,752 according to the Census 2020 conducted by the United
States Census Bureau and is therefore not defined as a "small" county according to Section 120.52,
F.S.
7.0 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
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Tranquility Lakes Community Development
District is the best possible alternative to provide public facilities and services to the project, there are
several additional factors which bear importance. As an alternative to an independent district, the
County could establish a dependent district for the area or establish an MSBU or MSTU. Either of
these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar
to the proposed District.
There are a number of reasons why a dependent district is not the best alternative for providing public
facilities and services to the Tranquility Lakes development. First, unlike a CDD, this alternative
would require the County to administer the project and its facilities and services. As a result, the costs
for these services and facilities would not be directly and wholly attributed to the land directly
benefiting from them, as the case would be with a CDD. Administering a project of the size and
complexity of the development program anticipated for the Tranquility Lakes development is a
significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their direct
control. The CDD can then be more responsive to resident needs without disrupting other County
responsibilities. By contrast, if the County were to establish and administer a dependent Special
District, then the residents and landowners of the Tranquility Lakes development would take their
grievances and desires to the County Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a County-established, dependent Special District is not strictly the
County's responsibility, any financial problems that a dependant Special District may have may reflect
on the County. This will not be the case if a CDD is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of public facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County’s real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District
is a unit of local government. This provides a higher level of transparency, oversight and
accountability.
16.A.15.b
Packet Pg. 598 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
11
8.0 A description of any regulatory alternatives submitted under Section 120.541(1)(a), F.S.,
and a statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports
the petition to establish the Tranquility Lakes Community Development District.
16.A.15.b
Packet Pg. 599 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
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APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT
FL. STATUTE
CITATION DATE
Annual
Financial Audit 190.008/218.39 9 months after end of Fiscal Year
Annual
Financial
Report 190.008/218.32
45 days after the completion of the Annual Financial Audit but
no more than 9 months after end of Fiscal Year
TRIM
Compliance
Report 200.068
no later than 30 days following the adoption of the property
tax levy ordinance/resolution (if levying property taxes)
Form 1 -
Statement of
Financial
Interest 112.3145
within 30 days of accepting the appointment, then every year
thereafter by 7/1 (by "local officers" appointed to special
district's board); during the qualifying period, then every year
thereafter by 7/1 (by "local officers" elected to special district's
board)
Public Facilities
Report 189.08
within one year of special district's creation; then annual notice
of any changes; and updated report every 7 years, 12 months
prior to submission of local government's evaluation and
appraisal report
Public Meetings
Schedule 189.015 quarterly, semiannually, or annually
Bond Report 218.38 when issued; within 120 days after delivery of bonds
Registered
Agent 189.014 within 30 days after first meeting of governing board
Proposed
Budget 190.008 annually by June 15
Adopted
Budget 190.008 annually by October 1
Public
Depositor
Report 280.17 annually by November 30
Notice of
Establishment 190.0485
within 3o days after the effective date of an ordinance
establishing the District
Notice of
Public
Financing 190.009
file disclosure documents in the property records of the county
after financing
16.A.15.b
Packet Pg. 600 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
EXHIBIT 9
16.A.15.b
Packet Pg. 601 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)
16.A.15.b
Packet Pg. 602 Attachment: Petition to Establish Tranquility Lakes CDD - FLWAC (27448 : Tranquility Lakes CDD Optional Hearing Waiver)