Resolution 1990-437 SEPTEMBER 11, 1990
RESOLUTION NO. 90- 437
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, IN SUPPORT OF LELY
DEVELOPMENT CORPORATION'S PETITION TO ESTABLISH
THE LELY COMMUNITY DEVELOPMENT DISTRICT; AND TO
AUTHORIZE THE COUNTY MANAGER AND COUNTY ATTORNEY
TO TAKE PROPER AND REASONABLE ACTION NECESSARY TO
SUPPORT THE PETITION.
WHEREAS, Chapter 190, Florida Statutes, provides for
establishment of a Uniform Community Development District pursuant
to rulemaking triggered by petition to the Governor and Cabinet
q'
sitting as the Florida Land and Water Adjudicatory Commission; and
a ,
WHEREAS, Lely Development Corporation, Inc. has petitioned
the Governor and Cabinet to establish a community development
district in Collier County on lands generally described as:
"an approximate 1,538 acre tract bounded on
the north by proposed Green Acres Drive and
•
the proposed right of way of Grand Lely Drive
approximately 8,000 feet north of U.S. 41;
bounded on the south by U.S. 41; bounded on
the west by Naples Manor, Lely High School and
pastureland; and bounded on the east by County
Road 951."
WHEREAS, establishment of the proposed district government
does not, and by law shall not, affect the rights, authority and
duty of Collier County to regulate land use and growth on the
above-referenced property; and
WHEREAS, prior to the filing of the petition with the
Governor and Cabinet, Lely Development Corporation on May 15,
1990, submitted the petition to Collier County for its review,
along with a processing fee of $15,000.00; and
WHEREAS, the exercise of its power and functions by such a
community development district government shall comply with, be
consistent with, be compatible with, and be subject to all laws,
policies, regulations and ordinances, including those of the
Collier County Water-Sewer District and Collier County which
govern the existing and future use of the land on which the
proposed district shall be established, as provided in
Chapter 190, Florida Statutes; and
CCO PAr,E 209
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SEPTEMBER 11, 1990
WHEREAS, the exercise by the board of supervisors of such a
community development district shall be subject to all procedural
requirements including noticed meetings, g
overnmment-in-the-
sunshine,
ethics and conflicts of interest, and various
limitations on the powers, functions and duties of the district;
and
WHEREAS, Lely Development Corporation, as the controlling • ,
constituent in the proposed community development district, has
A; induced the Board of County Commissioner's support of the creation
of the community development district by agreeing to cause the
community development district government as its first substantive
act to enter into a satisfactory interlocal agreement with Collier
County and the Collier County Water-Sewer District; and
WHEREAS, the Memorandum Of Agreement Between Lely And Collier
• County Inducing Collier County To Support The Creation Of A •
Community Development District is attached hereto as an Exhibit
•
• and is incorporated herein by reference; and
`r. WHEREAS, the adoption of this Resolution of support, shall
not under any circumstances, prejudge or preempt any land use
decisions currently in effect or to be decided in the future by
Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that, having considered and
reviewed the subject Petition and the representations and•
,A,
acknowledgments of Lely Development Corporation, its
representatives and counsel, and after public hearing on the
• matter, the Board finds and determines (1) that establishment of
the proposed community development district in this particular
instance appears to be good policy in the best interest of Collier
County and its citizens; (2) that it appears to be in the best
interests of the citizens of Collier County to support the
establishment of the proposed district; and (3) that it appears to
be in the best interest of the County, and its citizens, and the
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SEPTEMBER 11, 1990
9
Board so instructs the County Manager and County Attorney, to take
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fig, such actions as are proper and reasonable to support the proposed
':t:, district establishment.
"4` This Resolution adopted after motion, second and majority
vote favoring same.
,
• DATED: September 11, 1990
”:'• ATTEST: BOARD OF COUNTY COMMISSIONERS
`? • gAMES C: GILES, Clerk COLLIER COUNTY, FLORIDA •
,.4� r` .t.�/J� 9.G By: *f%C.G ,MASSE, J . , Chai an
•
r Approved' as to form and
'''` ' legal sufficiency:
4
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f' Assistan ounty Attorney
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SEPTEMBER 11, 1990
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MEMORANDUM OF AGREEMENT BETWEEN LELY AND COLLIER COUNTY
INDUCING COLLIER COUNTY TO SUPPORT THE CREATION OF
A COMMUNITY DEVELOPMENT DISTRICT t l
THIS AGREEMENT is made and entered into this 11th day of
September, 1990, by and between the LELY DEVELOPMENT CORPORATION,
INC. , a Texas Corporation (Lely) , and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of
Collier County (County) .
R E C I T A L S:
WHEREAS, Lely has petitioned the Governor and Cabinet to
establish a community development district in the unincorporated e
urban area of Collier County on a portion of the lands generally
referred to as "Lely - a Resort Community"; and
•
WHEREAS, at the optional public local hearing held on
July 31, 1990, by the Board of County Commissioners, to consider
the creation of the subject community development district, the
Board of County Commissioners resolved to provide a future
• resolution in support of Lely's petition for creation of a
community development district (Petition) , provided the concerns
by the County and representations relative thereto by Lely, are
satisfactorily memorialized prior to the mandatory local public
hearing to be held on September 19, 1990; and •
WHEREAS, Lely represents that upon creation of the subject
community development district, it will be the controlling
constituent therein.
W I T N E S S E T H:
NOW THEREFORE, in consideration of the covenants hereinafter
contained the parties agree as follows:
1. The above recitals are true and correct and are
incorporated herein.
2. Lely, as the controlling constituent in the future
community development district, agrees to cause the community
development district government as its first substantive act to
enter into an interlocal agreement with Collier County and the
Collier County Water-Sewer District, which:
a. confirms the Acknowledgements in Exhibit 7 of the
Petition;
b. specifically acknowledges that the special act creating
the Collier County Water-Sewer District and all
amendments thereto, the Collier County Utilities
Standards and Procedures Ordinance, the Collier County
Subdivision Regulations, all as amended and their
successors in function are "governmental, planning,
environmental and land development regulation" and will 0
be so recognized in light of any future analysis of
Section 190.004 (3) , Florida Statutes;
,1
CCOPb,E212
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7,g SEPTEMBER 11, 1990
c. confirms, agrees, and acknowledges that all entities or
persons, whether private or public, including the
community development district, shall and will be
obligezed to convey, in accordance with standard County
procedures, all water and sewer facilities to the County
and its Water-Sewer District without cost to the County •
or its Water-Sewer District, and that any such facilities •
will not and shall not serve as security for any form of
financing or bond indebtedness;
d. confirms, agrees, and acknowledges that the provisions of
Section 190.046, Florida Statutes, will and shall have no
affect concerning the transfer of water and sewer
facilities, in accordance with standard County
procedures, to the County and its Water-Sewer District;
e. confirms, agrees, and acknowledges that the special act
creating the Collier County Water-Sewer District, Collier
County Utilities Standards and Procedures Ordinance and
Collier County's land development regulations, all as
amended and their successors and function, will and shall
control over the provisions of Chapter 190, Florida
Statutes whenever there is potential that any of the
County statutes, ordinances, or regulations conflict with
the provisions of Chapter 190; and that the parties will
and shall take action to harmonize the statutes and
regulations in a way that is advantageous to the concept
of providing regional water, sewer, irrigation, and storm
water management services and facilities by Collier •
County or it's Water-Sewer District; and
f. confirms, agrees, and acknowledges that if irrigation or
dual water facilities are implemented within the
community development district, (i) any such facilities
will not and shall not serve as security for any form of
financing or bond indebtedness, and (ii) any such
facilities and operation thereof, will and shall be
conveyed to the County or its Water-Sewer District, at
the request of the County, for the nominal consideration
of ten dollars at such time as the County embarks upon
and gives reasonable notice that it is willing and able
to provide irrigation services to individual residential
and non-residential properties.
3. Lely acknowledges that it will and shall provide notice
of the contents of this agreement and the interlocal agreement
referenced herein to its successors, assigns and third party
purchasers or to any parties to which it has agreed to sell or has
sold lands within the boundaries of the proposed community
development district.
4. Any obligation under this agreement by the parties shall
terminate if the Petition is not granted by Governor and Cabinet,
after exhaustion of appeal, if any.
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SEPTEMBER 11, 1990
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:r IN WITNESS WHEREOF, the parties have executed this agreement as of •
the date and year first above written. .
X.
L.:
WITNESSED LELY DEVELOPMENT CORPORATION,
' - \ A TEXAS CORPORATION
L`• -:,.' r-
Occr John J. Agnel�i, president
ATTEST: ;-, BOARD OF COUNTY COMMISSIONERS
' •James C. Giles, Clerk COLLIER COUNTY, FLORIDA AS
d THE GOVERNING BODY OF COLLIER
/� �o-ry �G• COUNTY
4 J
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•. BY: 1
. L Max Hasse, Jr. , Cha man •
, .�' Approved as to form: .
i /s stant aunty Attorney
r
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Memorandum of Agreement was acknowledged before .
me by John J. Agnelli, President of Lely Development Corporation,
a Texas Corporation, on behalf of this Corporation.
•
W TNESS my hand and official seal this `/ 'day of •,,,....,• .. • �MM
' 1990. ;ll !•
(affix notarial seal) � f 1, i� - ,,';n
. :
No ar P blic
My Commission Expires: ,
.. .JT'v rtret ITAT:CF FLCRFDA
STATE OF FLORIDA 'Y +'. „ :, .t;;Pi. 5.1:72
COUNTY OF COLLIER tw ::•i's•.:1'.E,. .1t s:S.L .
I HEREBY CERTIFY that on this day, before me, an officer duly •
authorized in the State and County aforesaid to take
acknowledgements, personally appeared Max A. Hasse, Jr. , well
known to me to be the Chairman of the Board of County '
Commission, Collier County, Florida, As the Governing Body of
Collier County, being authorized so to do, executed the foregoing
Memorandum of Agreement for the purposes therein contained under
authority duly invested by the Board of County Commissioner, and •
that the seal affixed thereto is the true seal of said Board. •l
WITNESS my hand and official seal in the County and State
last aforesaid this //r-e.-4, day of /,� , 1990.
(Notarial Seal) (� C�1(�f-tiL �C�I_11/•
Notary Pub is �,
My Commission Expires:
;�'� '' IOTY1 PVILIC POI ar►tOSJD4
_ n COMILHoa ttr. 1e7 u,I•M
lOta[D Tul MIMI. III. VW.
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_. Submitted this la/`' day of September, 1990.
i
Mark G. La so
:,.'; Assistant Co my Attorney
.0.•.. Collier County Courthouse
3301 East Tamiami Trail
A.■?'x? Building F, 8th Floor
Naples, FL 33962
(813) 774-8400
• ""> ' Lf. Attorneys for Collier County
0 .•' ` "QCs+) /� 1 .
• s
;A, Diane D. Tremor
y
�.+r • Rose, Sundstrom & Bentley
2548 Blairstone Pines Drive
1 ip�� Tallahassee, FL 32301
•
(904) 877-65;5
Kr Attorneys fdr Collier County
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�` -tn�• va As-enderp
s , "Voting, van 4ssenderp, Varnadoe
& Benton, P.A.
Post Office Box 1833
Tallahassee, FL 32302
(904) 222-7206 •
,'.∎ Attorneys for Lely Development
Corporation, Inc. + •
i'1' CERTIFICATE OF SERVICE
•
I HEREBY CERTIFY that a true and correct copy of the
foregoing Prehearing Stipulation has been furnished by U.S. Mail ■
to Mark G. Lawson, Assistant County Attorney, Collier County : I
Courthouse, 3301 East Tamiami Trail, Naples, FL 33962; •i
Diane D. Tremor, Rose, Sundstrom & Bentley, 2548 Blairstone Pines
Drive, Tallahassee, FL 32301; Steven Pfeiffer, General Counsel,
Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, FL 32399-2100; and William A. Buzzett, Assistant
General Counsel, Florida Land and Water Adjudicatory Commission,
the Governor's Legal Office, The Capitol, Ro6rll 209, Tallahassee,
FL 32399-0001, this f� day of Septe }der, 1 0.
•
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STATE OF FLORIDA 1
•
DIVISION OF ADMINISTRATIVE HEARINGS -
Re: Petition of Lely Development )
Corp. , Inc. , to Establish ) Case No. 90-3443
The Lely Community Development )
District ) .
,
PREHEARING STIPULATION
The Petitioner, LELY DEVELOPMENT CORPORATION, INC. , (Lely)
and COLLIER COUNTY (Collier) , the affected local general purpose ,
government, hereby stipulate to the following proviso and
preliminary statement, and procedural and factual matters for the
' purposes of the local public hearing to be held on September 19
and 20, 1990, in Collier County, Florida, pursuant to Section
190.005(1) (d) , Florida Statutes:
I. proviso and Preliminary Statement. It is understood and j
agreed between Lely and Collier that absolutely nothing in this
Prehearing Stipulation shall bind, constrain, estop or otherwise
hinder or restrict Collier County in any manner if a satisfactory
interlocal agreement, in conformance with the Memorandum of
Agreement between Lely and Collier, dated September 11, 1990 is
not adopted as the first substantive act of the future community
development district government. Further, the agreements,
stipulations and acknowledgements herein shall be specifically and
exclusively limited to only the subject Petition and none other.
Collier County's participation in this Stipulation is not to be
and shall not be, construed as adopting any of the substantive or
Rsy.,
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44 SEPTEMBER 11, 1990
.$2.
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'[' procedural matters addressed herein, except as those matters
pertain to this Petition. And, finally, Collier County'q =
participation in this Stipulation is not and shall not be
construed as any form of policy supporting any other future or
pending Petition for a community development district in Collier
County.
II. Statutes and rules applicable to this proceeding.
A. Chapter 190, Florida Statutes, as amended.
B. Chapter 189, Florida Statutes, as amended.
C. Chapter 163, Part II, Florida Statutes.
• D. Chapter 120, Florida Statutes, read in pars materia
with Chapter 190, Florida Statutes.
• E. Chapter 42-1, Florida Administrative Code.
F. All applicable comprehensive plans, ordinances and
regulations of Collier County.
III. J,ocal hearing procedures.
A. The proceedings of the local hearing shall be ,
recorded and transcribed by a court reporter, and the costs •
related thereto shall be paid by Lely, with copies of the
transcript made available to Collier County and the Hearing
Officer.
B. If Lely or Collier chooses to utilize prefiled sworn
testimony of expert witnesses, copies of such testimony are to be
timely exchanged. The parties consent to the use of prefiled
sworn testimony of expert witnesses provided the witness is
r '
available for cross-examination at the hearing. Prefiled
•
Is —
El CCOPa<<217
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SEPTEMBER 11, 1990
A
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testimony meeting the requirements of this paragraph shall be a
part of and included in the official record of the procegdlhq for
consideration by the Hearing Officer and the Florida Land and
Water Adjudicatory Commission.
C. Subsequent to the conclusion of the local public
hearing and on a date deemed appropriate by the Hearing Officer,
Lely and Collier shall have the opportunity, if they so desire, to
submit to the Hearing Officer a Proposed or Recommended Written
• ' Report of Findings and Conclusions.
' 1
IV. issues of Fact upon which Lely and Collier agree.
A. Petitioner filed and submitted its Petition to
Establish the Lely Community Development District with the Florida
Land and Water Adjudicatory Commission and Collier County on
• May 15, 1990. Petitioner paid the $15,000 processing fee to
Collier, and appropriate notices were provided in accordance with
Chapter 190, Florida Statutes, and Chapter 42-1, Florida
Administrative Code.
e. B. On or about June 4, 1990, Collier was afforded an
extension of time until July 31, 1990, to conduct its optional
hearing. At the duly-noticed July 31, 1990, hearing authorized
under Section 190.005(1) (c) , Florida Statutes, the Board of County
Commissioners of Collier County voted to express to the Governor
and Cabinet, sitting as the Florida Land and Water Adjudicatory
• Commission, and the Hearing Officer, for inclusion in his Report,
the support of the Commission for the Lely Petition. This
.gig.
affirmative decision to support the Lely Petition was made subject
•
3
CCO 218
Fit
SEPTEMBER 11, 1990
f'
to an agreement between Lely and Collier entered into on July 31,
h 1990, during the public hearing, acceptable to both the County
Attorney and the County Manager, the same being ratified and
memoralized by a Memorandum of Agreement between Lely and the
County Commission dated September 11, 1990.
C. On September 11, 1990, at its duly noticed meeting,
the Collier County Commission adopted an official Resolution of I '
support of the Lely Petition. The Commission further approved and
authorized this Prehearing Stipulation.
D. Ccpies of both the Memorandum of Agreement and
the Resolution are attached herewith and officially made a part
hereof and are in:orporated by reference in this Prehearing
Stipulation.
E. Lely has complied with all applicable notice
requirements for the local public hearing.
•
V. Mixed issues of fact, law and policy upon which Lely and
Collier agree.
' A. Sections 190.012(1) and 190.004(3) , Florida
is
Statutes, govern the exercise by the district board of supervisors "4t
of the general and special
p powers of the proposed Lely Community
Development District relating to improvements and community
facilities on the lands where the subject
7 portion of the Lely
development is located. Accordingly, all conditions of any
applicable development order, local ordinances, the Collier County
resolution in support of district establishment, and the
references therein, and the Collier County Local Government
g.i- 4
__
L'CO g.219 i.
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I.
„`` SEPTEMBER 11, 1990
r .
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t Comprehensive Plan shall also apply and govern the exercise of
1'
r1,, powers by the district board of supervisors.
B. The creation and establishment of the proposed Lely
Community Development District pursuant to Chapter 190, Florida
Statutes, and the Collier County resolution in support of the
district establishment is not inconsistent with any applicable
element or portion of the State Comprehensive Plan or the Collier
County Comprehensive Plan, Collier County Ordinance No. 89-5, as
. •
amended.
C. 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.
D. Subject to the interlocal agreement referred to in
•
the Collier County Resolution in support of district establishment
being executed as contemplated by the parties, the proposed
district appears to be the best alternative available for
delivering community development services and facilities to the
•
area that will be served by the district.
E. Subject to the interlocal agreement referred to in
the Collier County Resolution in support of district
establishment being executed as contemplated by the parties, the
community development services and facilities of the proposed
district do not appear to be incompatible with the capacity and
uses of existing local and regional community development services
v and facilities.
JA ,
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F. Subject to the interlocal agreement referred to in
I.
the Collier County Resolution in support of district estab hhment
being executed as contemplated by the parties, the area to be
served by the district is amenable to separate special district
. '4"::4'•
,, ` government. f
'4r1/7,:,," VI. witnesses. a'
j
A. Lely intends to present the sworn testimony of the
following witnesses at the local public hearing.
1. John Agnelli, (President, Lely Development
Corporation, Inc.)
2. Alan Reynolds or Barb Cawley (Planner)
• 3. Bill Barton (Engineer)
4. Dr. Jim Francis (Economist)
6 5. Dr. Lance deHaven-Smith (Political Scientist) "i
6. Gary Moyer (District Government Management)
B. Lely and Collier will make every reasonable effort
to disclose and apprise each other and the Hearing Officer in j
advance of the hearing as to any other witness to be called at the
public hearing.
=,;:,.,,,- VII. Exhibits. Lely and Collier agree to the admission of
• . the following exhibits into the record as a basis for the reported
findings and conclusions of the Hearing Officer:
A. Location map outlining the Lely development as
approved by PUD and the Development Order of the County.
B. A map of the land area for the district surrounding
}
area showing major transportation and other facilities.
C. The Collier County Comprehensive Plan map.
6
ti, 44 [CO Pv, 221
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;' SEPTEMBER 11, 1990
44 '44,
1.
D. The PUD and Development Order.
E. The Petition with its exhibits:
1. Petition Exhibit "1" showing the location of
land area to be serviced by district; `
2. Petition Exhibit "2" indicating metes and
bounds;
3. Petition Exhibit "3" - written consent by $
property owners/optionees;
4. Petition Exhibit "4" - existing major trunk
water mains, sewer interceptors or outfalls;
5. Petition Exhibit "5" - proposed timetables and
cost estimates to be acquired by district;
1
6. Petition Exhibit "6" - copy of Future Land Use
Designation Description Section (pgs. LU-I-27 and 28) of Future
Land Use Element of the existing Collier County Comprehensive
Plan;
7. Petition Exhibit "7" - Acknowledgement;
',
8. Petition Exhibit "8 A" - Economic Impact
Statement for Lely; and
.{r
9. Petition Exhibit "8 B" - New 1990 Reporting
Requirements of Special Districts.
F. This Stipulation and its attached Agreement and
Resolution.
tf
•
G. Letter from Bruce Anderson, submitting the Petition
,.$ to the County.
H. Xeroxed copy of the $15,000 check to constitute the
k filing fee paid by Lely.
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'�j-� its. SEPTEMBER 11, 1990 : '';':
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I. Letter transmitting the Petition to Patricia ' I.
1
Woodworth, Secretary, Florida Land and Water Adjudicatory _ • x
' li
Commission.
J. Letter transmitting Petition to the Hearing Officer,
certifying compliance by Patricia Woodworth, Secretary, Florida
Land and Water Adjudicatory Commission.
K. Notices:
hr.; 1. The applicable Florida Administrative Weekly
Notice;
D-'
2. The applicable Affidavit from the Naples Daily
News constituting proof of four weeks of continuous newspaper •
,
publication;
a
3. The Naples Daily News tearsheet of 8/21/90;
4. The Naples Daily News tearsheet of 8/28/90;
5. The Naples Daily News tearsheet of 9/4/90;
6. The Naples Daily News tearsheet of 9/11/90;
L. The Collier County Comprehensive Plan.
M. Documentation of plan status. , i j'
N. A copy of the State Comprehensive Plan as it appears
in Chapter 187, Florida Statutes.
O. Other exhibits accepted and approved by the
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Hearing Officer. ;.,
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