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Resolution 2003-01516A14 RESOLUTION NO. 03- :].5 A RESOLUTION SUPPORTING APPROVAL OF PROPOSED AMENDMENTS TO THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, AMENDING THE BOUNDARIES OF THE DISTRICT AND CHANGING THE NAME OF THE EXISTING DISTRICT TO FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1; AND DESCRIBING THE AMENDED EXTERNAL BOUNDARIES OF THE RENAMED DISTRICT. WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District (District) has petitioned the Florida Land and Water Adjudicatory Commission (FLAWAC) to amend the name and boundaries of the existing District; and WHEREAS, said Petition has been submitted by the Petitioner to FLAWAC and copies of the Petition have also been provided to the Collier County Board of County Commissioners (Board) for review and consideration if so desired; and WHEREAS, the Board now desires to recommend that FLAWAC grant the proposed amendments requested in the Petition and has determined the following with respect to the factors to be considered in Section 190.005(1)(e), as required by Section 190.046(1)(d) 3., Florida Statutes: The Petition is complete in that it meets the requirements of Sections 190.005 (1)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within the Petition are true and correct. Amendment 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. The amended land area within the revised District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District, as amended, is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. The community development services and facilities of the amended District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the amended 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 goveming planning and permitting of the development to be serviced by the district, to ensure that neither the establishment, nor operation of such district, is a development order under chapter 380 and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development 16A14 Regulation Act, and that no district shall take action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The foregoing Whereas clauses are adopted as true statements and they are incorporated here as if fully set forth. This Resolution is adopted pursuant to the authority of Section 190.046(1)(d) 4., Florida Statutes. The Board hereby supports the Petition proposing to amend the boundaries of, and the renaming of said District to, the Fiddler's Creek Community Development District #1, within the boundaries of the real property described in Exhibit "A," attached hereto and incorporated by reference herein, and thus, recommends that the FLAWAC grant the Petition to expand and delete the District lands, as proposed, and to rename the District by adding the numeral "1," such that said District would thereafter be known as the "Fiddler's Creek Community Development District 1." THIS RESOLUTION ADOPTED after motion; second and majority vote this/C',CZ, day of ~ , 2003. DWIGHT E. B~O~K, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Attest as to Chatrf~a'$ Z~~~~, ~AIRMAN Approved as to Form Patrick G. Whi~'e,v Assistant County Attorney 2 16A14.~ EXHIBIT A METES & BOUNDS DESCRIPTION 16Al~' 16A14 16AlZ~_ i ----I I 1=6 A14J. i !!