Ordinance 2002-09M ORDINANCE NO. 02- 09
ORDINANCE ESTABLISHING THE FLOW WAY
MUNITY DEVELOPMENT DISTRICT; ADOPTING
DINGS OF FACT; PROVIDING FOR AUTHORITY;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE
DISTRICT; NAMING THE INITIAL MEMBERS OF THE ~--~
BOARD OF SUPERVISORS; NAMING THE DISTRICT; ....
RECOGNIZING GOVERNING LAWS; CONSENTING TO
-.~.
THE EXERCISE OF CERTAIN SPECIAL POWERS;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWAS
AND ORDINANCES; AND PROVIDING AN EFFECTIVE ~ -~'
DATE.
RECITALS
WHEREAS, Mirasol Development, L.L.C. has petitioned the Board of County
CommissiOners (Board) of Collier County, Florida, a political subdivision of the State of
Florida, to establish the FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice
conducted a public hearing on the petition and determined the following with respect to
the factors to be considered in Section 190.005(1)(e), as required by Section
190.005(2)(c), Florida Statutes.
The petition is complete in that it meets the requirements of Section
190.005 (1) (a), Florida Statutes; and all statements contained within the
petition are true and correct.
Establishment of the proposed District is not inconsistent with any
applicable element or portion of the local comprehensive plan of Collier
County, known as the Collier County Growth Management Plan, or the
State Comprehensive Plan.
The area of land within the proposed District is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as
one functional interrelated community.
The District 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 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 District is amenable to separate
special-district government; and
WHEREAS, it is the policy of the State, as provided 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 al! applicable governmental laws, rules, regulations,
and policies governing planning and permitting of the development to be served by the
district, to ensure that neither the establishment nor operation of such district is a
development order under Chapter 380, Florida Statutes, and that the district so
established does not have any zoning or permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply
to all development of the land within a community development district; and that a
district shall take no action which is inconsistent with applicable comprehensive plans,
ordinances, or regulations.of local general purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, the District's special
powers are subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to any
area included therein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: FINDINGS OF FACT.
The foregoing Recitals are hereby adopted as if fully set forth here as findings of
facts which are determined by the Board to be true and correct.
SECTION TWO: AUTHORITY FOR ORDINANCE.
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and
other applicable provisions of law governing county ordinances.
SECTION THREE: ESTABLISHMENT OF THE
DEVELOPMENT DISTRICT.
FLOW WAY COMMUNITY
The Flow Way Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and
incorporated by reference herein.
SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS.
The following five persons are herewith designated to be the initial members of
the Board of Supervisors:
1. Christopher G. Claussen 3.
2074 Sevilla Way
Naples, FL 34109
Bruce Bowers
1205 Pocantico Lane
Naples, FL 34110
2. Jack Sterling 4.
3221 64th Street, SW
Naples, FL 34105
Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
SECTION FIVE: DISTRICT NAME.
The community development district herein established shall henceforth be
known as the "Flow Way Community Development District."
SECTION SIX: STATUTORY PROVISIONS GOVERNING DISTRICT.
The Flow Way Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local
law.
SECTION SEVEN: CONSENT TO SPECIAL POWERS.
The Board specifically consents to the District's exercise of certain additional
special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, and maintain additional systems and facilities for: (i) parks and facilities
for indoor and outdoor recreational, cultural, and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences and gates, electronic intrusion-
detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an increased level of such
services within the District boundaries; all as authorized and described by Section
190.012 (2)(a) and (d), Florida Statutes. The Board further recognizes the District's
right to seek consent from Collier County for further additional special powers in
accordance with Section 190.012(2), Florida Statutes.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may
be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance becomes effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this.,~/,taf, day of ...,~__~~ ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
D~/I~HT E. BROC~I~, Deput~t Clerk
~tte~t ~ 1~ ~1~'~
sl~ ~1~,
Approved as to Form
And Legal Su!
PA~'RICK ~r~. ~
Assistant Cour~
iciency:
HI~:,~
:y Attomey
JAMES N. COLETTA, CHAIRMAN
This ordinance filed with the
State's Office the
and ocknowledgemer~x,_O.J that
received this ~ day
filing.
f ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PROPOSED ORDINANCE PURSUANT TO
SECTION 190.005 (2), FLORIDA STATUTES
TO ESTABLISH THE FLOW WAY
COMMUNITY DEVELOPMENT DISTRICT
PETITION TO ESTABI,I,RH
A COMMUNITY DEVLOPMENT DISTRICT
MIRASOL DEVELOPMENT, L.L.C., (hereinafter "Petitioner"), by and through
its undersigned attorney, hereby petitions the Collier County Board of County
Commissioners to adopt an ordinance: establish and recognizing a Community
Development District (hereinafter "District") pursuant to the Uniform Community
Development District Act of 1980, Chapter 190, Florida Statutes, as amended;
acknowledging the uniform district charter contained in Sections 190.006 through
190.041 as provided by Section 190.004(4), Florida Statutes, establishing the District on
the property described herein within which the District may manage and finance its basic
infrastructure systems, facilities and services as provided in its charter; and designating
the initial District Board of Supervisors. In support of this petition, Petitioner states:
I. Location and Size. The proposed District is located entirely within Collier
County, Florida. Exhibit 1 depicts the general location of the project. The proposed
district covers approximately 830 acres of land. The site is located in portions of Section
15 and Section 22, near the intersection of CR 951 and Immokalee Road. The metes and
bounds description of the external boundaries of the District is set forth in Exhibit 2.
~a~ge 1 of&
,I [}~st~:l: C:~K)CUME,-IXkdodgeXLOC
//AL~ ~ INTe mp~Pgl-l'l-I ON.DOC .....
the proposed District, which are to be excluded from the District.
3. Landowner Consent. At the time of filing this Petition, all of the land to
be included in the District is owned by IMCOLLIER Joint Venture. Petitioner has
obtained written consent to establish the District in accordance with Section 190.005, F.S.
Documentation of this consent is contained in Exhibit 3.
4. Initial Board Members. The five persons designated to serve as the initial
members of the Board of Supervisors of the proposed District is as follows:
Christopher G. Claussen
2074 Sevilla Way
Naples. FL 34109
Jack Sterling
3221 64th St. SW
Naples, FL 34105
Brace Bowers
1205 Pocantico Lane
Naples FL 34110
Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
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 the "Flow Way Community
Development District."
Excluded Parcels. There are no parcels within the external boundaries of
6. Existing Zoning, Currently, the lands to be included within the District
are zoned PUD. Neighboring lands are principally zoned PUD and AG, as shown in
Exhibit 4.
7. Future Land Uses. The future general distribution, location, and extent of
the public and private land uses proposed for the District by future land use plan element
of the County's Future Land Use Plan is identified on Exhibit 5. The construction of
approximately up to 799 residential dwelling units, recreational areas, 36 holes of golf,
clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and
parks are authorized for the portions of the development to be included within the
District. Development is projected to occur over an estimated 8-year period. The
proposed land uses for the lands contained within the proposed District are consistent
with the approved Collier County Furore Land Use Plan.
8. Major Water and Wastewater Facilities. Exhibit 6 shows the major trunk
water mains and wastewater interceptors within the currently undeveloped lands
proposed to be included within the District. A portion of the storm water run-off will be
reclaimed for golf course irrigation. It is currently proposed that Collier County will
provide water and sewer service to the lands within the District.
9. District Facilities and Services. Exhibit 7, attached hereto, depicts the
type of facilities the Petitioner presently expects the District to finance, construct and
install from approximately 2001-2008. The estimated costs of construction are also
described in Exhibit 7. 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 rotes, and market conditions, t ~et~: c:x~oc~sw~X~ao~sex~oc ]
t/[ ALS~I\Temp~PETITION'DOC.. .....
iii/
~Pa. ge 3 of~ ../4'
I0.
Mitigation lands for the project in Sections 10 and 15 and to the east ,O.f..,-'
Section 10. The District shall have the authority, pursuant to Section 190.012 (1)(f),
Florida Statutes, to exercise all powers under the Act with regard to the mitigation lands
.,{ Deleted: in
depicted ,a§_ttje_ _"_Upla_n_d_P_r£~e_n_,e_" and ~ etland Preserv'e' areas on ~.c.!Led' E._xhi_bit_8_._,,
These mitigation lands are in addition to the mitigation lands located within the
perpetual maintenance and monitoring of the mitigation areas as depicted in Exhibit 8.
11. Chain (or ribbon) of lakes. The District shall have the authority, pursuant
to Section 190.012 (1)(a), Florida Statutes, to exercise all powers under the Act on the
boundaries of the District and perpetual maintenance and monitoring is required by the
South Florida Water Management District as a condition of ,_E_nyir_o_n_m_en_t_al_ _R_e_s_ou_r_c_e_ ...-
Permit,.{~pp!!c_a_.fi.9.~' .N.~ ~5_1.8..-!_Q.~ These areas are necess_ar.y to construct the_l?_ublic
and private land uses identified in Exhibit 5~__Tl)_e_ _D_i_s~_ct_s_ha_l_l yp_m_pl_y_ ?_i_th_ _a!l_t_h_e-
conditions in the permit issued pursuant to Application, 000518-1..0, regarding the
',:]
water management improvements depicted.as the "Flow-Way Conve~,ance" cm attached
Exhibit 8. These water conveyance improvements provide the necessary legal positive
. - t D~: th~ following
D~eted: , 010419-6 and 970923-12)
D~leted: are mluiml by the South
Florida Water Management District to
obtain the Environmental P~source
Permit {Application No. 000518-10)
Dele'ced: The District will tn~ all
required action, including the
maintenance of habilat and/or plant and
animal species as t~equited by this permit
to offset any unavoidable environmental
impacts resulting from development of
~t,he land uses in the District.
Deleted: s
Oeleted:, 010419-6 and 970923-12
ouffall to drain the land uses within the District. These conveyances are also a condition
for the issuance of the South Florida Water Management District to obtain the
Environmental Resource Permits_ (Applications No. 000518-10, 010419-6 and 970923-
1_2) required for the lands within the District. As part of the reasonable assurances
granted to the South Florida Water Management District for the referenced
Environmental Resource Permit applications, the District shall comply with all the
necessaw and required permit conditions in the permits associated with the referenced ,.{
applications, requiring perpetual maintenance and operation of the ,_ _FI_ gF:~W_~. /[~~~w~m'mO~.DOC .....
Conveyance area as depicted in Exhibit 8~ _T° insure that_ [h_e_D_ i_s_tric_t_h_a,5_ th_e_a_u_tl)_ o_n_'ty_t_n_ ~
exercise its powers on all of the water management improvements located outside
£eo~raDhical boundaries of the District, it has been granted a Drainage Ingress/Egress
and Maintenance Easement from the adiacent landowners (Olde Cypress Development,
Ltd., and Robert Vocisano, Trustee) over which a portion of these water management
improvements are located which is attached as Exhibit SA. These entities are not located
within nor a part of the District, however, in order for Petitioner and these adjacent
landowners to obtain their Environmental Resource Permits, the District was required to
accept responsibility over the, ~! .n..t~a..n..c~ ..~..spp..n .s.i..b!.l!.t!9..s ..fgr...fl!...e.~ .o.~y.-.W..a y ..C:9.nye..,~!~n..Ce-' _
set forth in Exhibit 8.
12. Statement of Estimated Regulatory Costs. Exhibit 9 is the statement of
ln.~,lll'l:l~: __. Toimur~ that the
District has the authority to cx~cise its
powers on all of the water management
geographical bo~m~i~s of th~ l~st~-~ it
Easement from ~he adjacent lnndowners
(Olde Cypress Development. Ltd.. and
Robert Vocisano, Tmst~e) over which a
portion of the.~ wnter management
improvements am located
., .~ { ~-' mifisation and
estimated regulatory costs ("SERC") prepared in accordance with the requirements of
Section 120.541. Florida Statutes (1997). The SERC is based upon presently available
data. The data and methodology used in preparing the SERC, accompany it.
13. Authorized Agent, The Petitioner, Mirasol Development, L.L.C., a
Florida Limited Liability Company, is authorized to do business in Florida. The
authorized agent for the Petitioner is:
Robert G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
See Exhibit 10 - Authorzafion of Agent. Copies of all correspondence and official
notices should also be sent to:
Dr. Henry Fishkind
Fishkind & Associates, Inc.
11869 High Tech Avenue
Orlando, FL 32817
~Pa_ge_ 5_ o_f~ .......................................................... q.
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, & lensen, L.L.P.
P.O. Drawer 1507
Ft. Myers, FL 33902-1507
14. This petition to establish the Flow Way Community Development District
should be granted for the following masons:
A. Establishment of the District and all land used 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 with the development
encompassed by the District. The District is the best alternative for delivering
community development service 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
[ ~a. ge_ 6_ o_f~..
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.
E. The area to be served by the proposed District is amenable to
separate special-district government.
~ORE, Petitioner respectfully requests the County Commission of
Collier County, Florida to:
1. Direct its staff to schedule a public hearing in accordance with the
requirements of Section 190.005 (2) (b). Florida Statutes (1997);
2. Grant the petition and adopt an ordinance to establish the District pursuant
to Chapter 190, Florida Statutes;
3. Consent to the District's exercise of certain additional powers to finance,
fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and
maintain systems and facilities for:. (i) parks and facilities for indoor and outdoor
recreational, cultural, and educational uses, (ii) security, including, but not limited to,
guard-houses, fences and gates, electronic inmasion-detection systems, and patrol cars,
when authorized by proper governmental agencies, all as authorized and described by
Section 190.012 (2), Florida Statutes.
.t D~I~M: C.:~OCUME...I~cdodge',LOC
By: ,.j ALS~ l\Temp~,t, rtl.ION.DOc .....
Ne. ale Montgomery ,' L · '
Pavese, Haverfield, Dalton,
Harrison & Jensen, L.L.P.
1833 Hendry Street
P.O. Drawer 1507
Fort Myers, FL 33902-1507
Representatives for the Petitioner
/] ALS ~ I\T* top, PETITION .DOC .....
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoin9 is a true and correct
copy of:
ORDINANCE 2002-09
Which was adopted by the Board of County Commissioners
on the 26th day of February, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of February, 2002.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to. Board.qf
County
Commlsslo~e~ .--..
Deputy Clerk
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
April 29, 2002
Ms. Misty Pearson, Document Specialist
Department of State, Collins Building
Suite L 43
107 West Gaines Street
Tallahassee, Florida 32399-0250
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
RE: Resubmitted Flow Way Community Development District Ordinance.
Dear Ms. Pearson:
On February 26, 2002, the Collier County Board of County Commissioners approved Ordinance No. 02-
09, establishing the "Flow Way Community Development District." This Ordinance was filed with your
office on March 4, 2002. Unfortunately, the attachments for the Ordinance, as filed, were not correct.
The attachments submitted to your office were a draft and were not the documents ultimately and actually
approved by the Board of County Commissioners. Enclosed with this cover letter are the correct
documents attached to a certified copy of the filed Ordinance.
It is staff's understanding that you will re-file the enclosed Ordinance and attachments and then provide a
letter confirming the actions taken along with the re-filed documents. Please feel free to contact either
Mr. White (number belmv), or myself, with any questions or comments regarding this re-filing request.
As you will recall, our approach to resolving this error was agreed to by your office.
Please return the re-filed documents, and your letter detailing the actions you've taken pursuant to your
office's usual procedures. Thank you for your efforts in this matter.
Glenn E. Heath, AICP
Principal Planner
Comprehensive Planning Section
cc: w/o enclosure attachments
Mr. Patrick G. White, Assistant County Attorney (239) 659-5709
Mr. Stan Litsinger, AICP, Planning Manager, Comprehensive Planning Section
Ms. Ellie Hoffman, Senior Clerk, Minutes & Records, Clerk of Courts Office
PHONE (941 ) 403-2400 FAX ( 941 ) 643-6968 www. co.collier, fl.us
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infornu~tion Services
Division o£ Licensing
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
Honorable Dwight E. Brock
Clerk to Board of Commissioners
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
May 7, 2002
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated April 29, 2002 and corrected certified copy of Collier
County Ordinance No. 2002-09, which was flied in this office on May 6, 2002.
As requested, the date stamped copy is being returned for your records.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
Enclosure
BUREAU OF ADMINISTRATIVE CODE
The Collins Building · 107 West Gaines Street · Tallahassee, Florida 32399-0250 e (850) 245-6270
FAX: (850)245-6282 · WWWAddress: http://www.dos.state.fl.us · E-Mail: election@mail, dos. state.fl, us
ORDINANCE NO. 02- 0_.0_9
\~.a~ I~,,UUII,~ ~ ORDINANCE ESTABLISHING THE FLOW WAY
~~~~INDINGS OF FACT; PROVIDING FOR AUTHORI~,
~ DESCRIBING THE EXTERNAL BOUNDARIES OF THE
DISTRICT; NAMING THE INITIAL MEMBERS OF THE
~ BOARD OF SUPERVISORS; NAMING THE DISTRICT;
~'- & "~ECOGNIZlNG GOVERNING LAWS, CONSENTING T~
/~ ~. ~ ~E EXERCISE OF CERTAIN SPECIAL POWERS~
[~ [ ~~ ~OVIDING FOR CONFLICT AND SEVERABILITY,
I; ~OVIDING FOR INCLUSION mN THE CODE OF LAWAS
~ K~I~IVFll ~D ORDINANCES; AND PROVIDING AN EFFECTIVE
~lT~8
WHEREAS, Mirasol Development, L.L.C. has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of
Florida, to establish the FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice
conducted a public hearing on the petition and determined the following with respect to
the factors to be considered in Section 190.005(1)(e), as required by Section
190.005(2)(c), Florida Statutes.
The petition is complete in that it meets the requirements of Section
190.005 (1) (a), Florida Statutes; and all statements contained within the
petition are true and correct.
Establishment of the proposed District is not inconsistent with any
applicable element or portion of the local comprehensive plan of Collier
County, known as the Collier County Growth Management Plan, or the
State Comprehensive Plan.
The area of land within the proposed District is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as
one functional interrelated community.
The District 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 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 District is amenable to separate
special-district government; and
WHEREAS, it is the policy of the State, as provided 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 al! applicable governmental laws, rules, regulations,
and policies governing planning and permitting of the development to be served by the
district, to ensure that neither the establishment nor operation of such district is a
development order under Chapter 380, Florida Statutes, and that the district so
established does not have any zoning or permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply
to all development of the land within a community developmer~t district; and that a
district shall take no action which is inconsistent with applicable comprehensive plans,
ordinances, or regulations of local general purpose government; and
WHEREAS, pursuant to Section 190.012, Flodda Statutes, the District's special
powers are subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to any
area included therein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: FINDINGS OF FACT.
.The foregoing Recitals are hereby adopted as if fully set forth here as findings of
facts which are determined by the Board to be true and correct.
SECTION TWO: AUTHORITY FOR ORDINANCE.
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and
other applicable provisions of law governing county ordinances.
SECTION THREE: ESTABLISHMENT OF THE
DEVELOPMENT DISTRICT.
FLOW WAY COMMUNITY
The Flow Way Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and
incorporated by reference herein.
SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS.
The following five persons are herewith designated to be the initial members of
the Board of Supervisors:
1. Christopher G. Claussen 3.
2074 Sevilla Way
Naples, FL 34109
Bruce Bowers
1205 Pocantico Lane
Naples, FL 34110
2. Jack Sterling 4.
3221 64th Street, SW
Naples, FL 34105
Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
SECTION FIVE: DISTRICT NAME.
The community development district herein established shall henceforth be
known as the "Flow Way Community Development District."
SECTION SiX: STATUTORY PROVISIONS GOVERNING DISTRICT.
The Flow Way Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local
law.
SECTION SEVEN: CONSENT TO SPECIAL POWERS.
The Board specifically consents to the District's exercise of certain additional
special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, and maintain additional systems and facilities for: (i) parks and facilities
for indoor and outdoor recreational, cultural, and educational dses; and (ii) security,
including, but-not limited to, guardhouses, fences and gates, electronic intrusion-
detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District m~.y not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an increased level of such
services within the District boundaries; all as authorized and described by Section
190.012 (2)(a) and (d), Florida Statutes. The Board further recognizes the District's
right to seek consent from Collier County for further additional special powers in
accordance with Section 190.012(2), Florida Statutes.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may
be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance becomes effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of...,~z'~ ,2002.
D~IGrHT E. BROCK, Deputy Clerk
$ t~;~m eal~.
Approvod as to Fo~
And Logal Sul iciency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES N. COLETTA, CHAIRMAN
This ordinance flied with the
::~ary of .State's Office the
and ocknowledgeme{~.~ that
fili?~g, received this ~ day
of "7~__c?~..4_ :L~,~ /
PMS, Inc. of Naples
Project Management Services
February 15, 2002
Glenn Heath AICP
Collier County Comprehensive Planning Services
2800 North Horseshoe Drive
Naples, FL 34104
Re: Flow Way CDD - Revised Petition and Ordinance
Dear Glenn:
2002
Please find enclosed a revised petition and ordinance for the Flow Way CDD in
accordance with our discussions at today's meeting. I have also included 9 copies of the
complete petition package for distribution. Keep in mind that, while them is an original
signed petition enclosed, the original consent form and original SERC are still in your
files. If you could please incorporate those originals with the revised package, I would
appreciate it.
If you have any questions or comments, please feel free to contact me.
~S~x,.../~aren Bishop~
President
2335 Tamiami Trail N., Suite 408, Naples, FL 34103 / (941) 435-9080 x3 / Fax (941) 435-9082/Email: irishpms@aol.com
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PROPOSED ORDINANCE PURSUANT TO
SECTION 190.005 (2), FLORIDA STATUTES
TO ESTABLISH THE FLOW WAY
COMMUNITY DEVELOPMENT DISTRICT
PETITION TO ESTABLISH
A COMMUNITY DEVLOPMENT DISTRICT
MIRASOL DEVELOPMENT, L.L.C., (hereinafter "Petitioner"), by and through
its undersigned attorney, hereby petitions the Collier County Board of County
Commissioners to adopt an ordinance: 1) establishing and recognizing a Community
Development District (hereinafter "District") pursuant to the Uniform Community
Development District Act of 1980, Chapter 190, Florida Statutes, as amended;
2) acknowledging the uniform district charter contained in Sections 190.006 through
190.041 as provided by Section 190.004(4), Florida Statutes, establishing the District on
the property described herein within which the District may manage and finance its basic
infrastructure systems, facilities and services as provided in its charter; and 3) designating
the initial District Board of Supervisors. In support of this petition, Petitioner states:
1. Location and Size. The proposed District is located entirely within
unincorporated Collier County, Florida. Exhibit 1 depicts the general location of the
project. The proposed district covers approximately 830 acres of land. The site is
F:~'PMS'COR~COMPANYhClaussenXMiras°Nzdd'PETITIONXRevisedPetiti°nf°rCDD2'd°c Page 1 of 8
located in portions of Section 15 and Section 22, near the intersection of CR 951 and
Immokalee Road. The metes and bounds description of the 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. At the time of filing this Petition, all of the land to
be included in the District is owned by IMCOLLIER Joint Venture. Petitioner has
obtained written consent to establish the District in accordance with Section 190.005, F.S.
Documentation of this consent is contained in Exhibit 3.
4. Initial Board Members. The five persons designated to serve as the initial
members of the Board of Supervisors of the proposed District is as follows:
Christopher G. Claussen
2074 Sevilla Way
Naples. FL 34109
Jack Sterling
3221 64th St. SW
Naples, FL 34105
Bruce Bowers
1205 Pocantico Lane
Naples FL 34110
Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
F:`xPMS~~~RP``~~MPANY``~~aussen`qV~iras~N:dd-PETIT~~~qxRevisedPetiti~nf~rCDD2.d~c Page 2 of 8
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 the "Flow Way Community
Development District."
6. Existing Zoning. Currently, the lands to be included within the District
are zoned PUD. Neighboring lands are principally zoned PUD and AG, as shown in
Exhibit 4.
7. Future Land Uses. The future general distribution, location, and extent of
the public and private land uses proposed for the District by future land use plan element
of the County's Future Land Use Plan is identified on Exhibit 5. The construction of
approximately up to 799 residential dwelling units, recreational areas, 36 holes of golf,
clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and
parks are authorized for the portions of the development to be included within the
District. Development is projected to occur over an estimated 8-year period. The
proposed land uses for the lands contained within the proposed District are consistent
with the approved Collier County Future Land Use Plan.
8. Major Water and Wastewater Facilities. Exhibit 6 shows the major trunk
water mains and wastewater interceptors within the currently undeveloped lands
proposed to be included within the District. A portion of the storm water run-off will be
reclaimed for golf course irrigation. It is currently proposed that Collier County will
provide water and sewer service to the lands within the District.
F:`xPMS~C~RP`C~MPANY~C~aussen`qv~iras~xcdd-PET~T~N``RevisedPetiti~nf~rCDD2.d~c Page 3 of 8
9. District Facilities and Services. Exhibit 7, attached hereto, depicts the
type of facilities the Petitioner presently expects the District to finance, construct and
install from approximately 2001-2008. The estimated costs of construction are also
described in Exhibit 7. 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.
10. Mitigation lands for the project in Sections 10 and 15 and to the east of
Section 10. The District shall have the authority, pursuant to Section 190.012 (1)(f),
Florida Statutes, to exercise all powers under the Act with regard to the mitigation lands
depicted as the "Upland Preserve" and "Wetland Preserve" areas on attached Exhibit 8.
These mitigation lands are in addition to the mitigation lands located within the
boundaries of the District and perpetual maintenance and monitoring is required by the
South Florida Water Management District as a condition of Environmental Resource
Permit (Application No. 000518-10). These areas are necessary to construct the public
and private land uses identified in Exhibit 5. The District shall comply with all the
conditions in the permit issued pursuant to Application 000518-10 regarding the
perpetual maintenance and monitoring of the mitigation areas as depicted in Exhibit 8.
11. Chain (or ribbon) of lakes. The District shall have the authority, pursuant
to Section 190.012 (1)(a), Florida Statutes, to exercise all powers under the Act on the
water management improvements depicted as the "Flow Way Conveyance" on attached
Exhibit 8. These water conveyance improvements provide the necessary legal positive
outfall to drain the land uses within the District. These conveyances are also a condition
F:X.PM S-COR P,,C OMPA NY,,ClaussenXM irasolXcdd, p ETiTiON~e vised PetitionfoN2DD2.doc
Page 4 of 8
for the issuance of the South Florida Water Management District to obtain the
Environmental Resource Permits (Applications No. 000518-10, 010419-6 and 970923-
12) required for the lands within the District. As part of the reasonable assurances
granted to the South Florida Water Management District for the referenced
Environmental Resource Permit applications, the District shall comply with all the
necessary and required permit conditions in the permits associated with the referenced
applications, requiring perpetual maintenance and operation of the Flow Way
Conveyance area as depicted in Exhibit 8. To insure that the District has the authority to
exercise its powers on all of the water management improvements located outside the
geographical boundaries of the District, it has been granted a Drainage Ingress/Egress
and Maintenance Easement from the adjacent landowners (Olde Cypress Development,
Ltd., and Robert Vocisano, Trustee) over which a portion of these water management
improvements are located which is attached as Exhibit 8A. These entities are not located
within nor a part of the District, however, in order for Petitioner and these adjacent
landowners to obtain their Environmental Resource Permits, the District was required to
accept responsibility over the maintenance responsibilities for the Flow Way Conveyance
set forth in Exhibit 8.
12. Statement of Estimated Regulatory Costs. Exhibit 9 is the statement of
estimated regulatory costs ("SERC") prepared in accordance with the requirements of
Section 120.541. Florida Statutes (1997). The SERC is based upon presently available
data. The data and methodology used in preparing the SERC, accompany it.
F:',PM S.CORI:',,CO M PANYxCla ussenXlVlirasolXcdd_PETiTiOi~Re visedPetit ionforCDD2.doc
Page 5 of 8
13. Authorized Agent. The Petitioner, Mirasol Development, L.L.C., a Florida
Limited Liability Company, is authorized to do business in Florida. The authorized agent
for the Petitioner is:
Robert G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
See Exhibit 10 - Authorization of Agent. Copies of all correspondence and official
notices should also be sent to:
Dr. Henry Fishkind
Fishkind & Associates, Inc.
11869 High Tech Avenue
Orlando, FL 32817
And:
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, & Jensen, L.L.P.
P.O. Drawer 1507
Ft. Myers, FL 33902-1507
14. This petition to establish the Flow Way Community Development District
should be granted for the following reasons:
A. Establishment of the District and all land used 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.
F:``~PMS-~~Rl:~``c~MPANY``C~aussen.xMiras~~``cdd~PETITI~NxRevisedPetiti~nf~rcDD2.d~c Page 6 of 8
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 with the development
encompassed by the District. The District is the best alternative for delivering
community development service 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.
E. The area to be served by the proposed District is amenable to
separate special-district government.
WHEREFORE, Petitioner respectfully requests the County Commission of
Collier County, Florida to:
1. Direct its staff to schedule a public hearing in accordance with the
requirements of Section 190.005 (2) (b). Florida Statutes (1997);
F:XPMS-CORP',COMPANY'Claussen~Mirasol, cdd-PETITION',,RevisedPetitionforCDD2.doc Page 7 of 8
2. Grant the petition and adopt an ordinance to establish the District pursuant
to Chapter 190, Florida Statutes;
3. Consent to the District's exercise of certain additional special powers to
plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and
maintain additional systems and facilities for: (i) parks and facilities for indoor and
outdoor recreational, cultural, and educational uses; and (ii) security, including, but not
limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and
patrol cars, when authorized by proper governmental agencies; except that the district
may not exercise any police power, but may contract with the appropriate local general-
purpose government agencies for an increased level of such services within the District
boundaries, all as authorized and described by Section 190.012 (2)(a) and (d), Florida
Statutes.
RESPECTFULLY SUBMITTED
2002.
this
day of
Neale Montgomery
Pavese, Haveffield, Dalton,
Harrison & Jensen, L.L.P.
1833 Hendry Street
P.O. Drawer 1507
Fort Myers, FL 33902-1507
Representatives for the Petitioner
F:```PMS~C~RF``C~MPAN¥xC~aussen~v~iras~Ixcdd~PETITI~N``RevisedPetiti~nf~rCDD2.d~c Page 8 of 8
List of Exhibits for
PETITION TO ESTABLISH
A COMMUNITY DEVLOPMENT DISTRJCT (Flow Way CDD)
Exhibit 1, Depicts the general location oft. he project
Exhibit 2, The metes and bounds description of the external boundaries of the district
Exhibit 3, Documentation of consent of landowners
Exhibit 4, A map showing existing land use and zoning information within and adjacent
to the proposed District
Exhibit 5, The future general distribution, location, and extent of the public and Private
land uses proposed for the District by future land use plan element of the
County's Future Land Use Plan
Exhibit 6, Major trunk water mains and wastewater interceptors within the currently
undeveloped lands proposed to be included within the District
Exhibit 7, Depiction of type of facilities to be built, and estimated timetable and costs of
construction
Exhibit 8, Mitigation Lands, Water management improvements
Exhibit 8A, Drainage, Ingress/Egress and Maintenance Easement
Exhibit 9, Statement of estimated regulatory costs ("SERC") prepared in accordance with
the requirements of Section 120.541. Florida Statutes (1997)
Exhibit 10, Authorization of agent
F:\WPDATA~4M~CCMS~List of Exhibits for petition.doc
East Terry St.
Bonita Beach Road --
LEE COUNTY
COLLIER COUNTY
PROJECT
L OCA TION
Immokalee Road
C.R. 846
2-"
BlimP, df. IL~TIN
IIIIl&T~b
IIIIll I'~ ~
llllllk'lN
IIIIIll
u..n.IDRUNDAGE, INC.
Professional Engineers, Planners & Land Surveyors
CoUi~ County: 7400 Tamlami Trail N. - Naple~, FL - 34108. Ph.: (941) 597-3111 - Fax: (941) 566-2203
Lee County:. 1625 Hend~y Stm:t - Fort Myers, FL 33901 -Plt.: {941) 337-3111 - Fax: (941) 334-1175
FLOW WAY CDD LINE
LOCATION MAP
EXHIBIT 1
09
m
C)
o
LINE TABLE
UNE: LENGTH BE:ARINO
LI 990.,31 $S9'Og'OO'W
1_2 13,32.41 NO1 '1
1.3 328.98 N~9'07'~1"1~
L4 13,32.55 N01'1 ~'~"W
1.5 655.72
L7 6~.~ s8g~'28~
~ 1~1.97 NOI~'~W
Lg 651.08 S8g~2'~1 "W
LIO 266~98 N~9'~"W
L13 13g. 5~ $~O'~'W
L14 g8.12 S78~5'~'W
L15 ~.87 N~O'Se"W
LI 6 75.67 S51 ~8'~"W
LI 7 215.~ N71'~'~'W
L18 ~.88 ~6q 2'12"W
U9 74.9~ N~O'~"W
~0 leO.4g ~'42'20'W
~1 7~04 S01'~'~"~
~2 2676.29
~3 1~.41 ~'42'~"~
~ 1~.80 SSg~'26"W
~5 2667.~ S01~'3g"~
~6 184.50 ~9~'23~
~7 1335.63 ~1 ~9'~"E
~e ~55.54
SECTION 15
L7
SECTION 22
IMMOKALEE ROAD
P.O.B.
~SOUTH 1/4 CORNER
IION 22
L1 ~ 198
(S.R. 846)
Ill
o
Z
rn
0
Z
!-'{,iIJJB~u'NDA(;E, INC.
rtolassion~l F. niinecrs, Planners &: Land Surveyors .
J.D. NICEWONDER
METES AND BOUNDS DESCRIPTION
FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22 & 15, T 4~ S, R 26 E,
COLLIER COUNTY, FL.
ORAWN BY= RO~ I AB8 PROJECT No.: 7~
CHE:CI<ED BY: ~A J ACAO FILl NAME:8074~B02 ~
DAli[: og/t9/O1 COCO FltE No.: 78~.CG0
SCAL~: ~' = ~ooo' s~r ! c~ ~
LEGAL DESCRIPTION OF NICEWONDER PROPERTY SOUTH
A PARCEL OF LAND LYING IN SECTIONS 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
Beginning at the South Quarter Comer of said Section 22; thence S.89'09'08"W., a distance of 990.51 feet; thence
N.01`10'06"W., a distance of 1,552.41 feet; thence N.89'07'59"E., a distance of 328.98 feet; thence N.01`12'59"W., a
distance of 1,532.56 feet; thence S.89'06'10"W., a distance of 655.72 feet; thence N.01'06'¢7"W., a distance of
1,532.51 feet; thence S. 89'04'26"W., a distance of 653.40 feet; thence N.01'00'48"W., a distance of 1,331.97 feet;
thence S.89'02'41"W., a distance of 651.08 feet; thence N.00'59'06"W., a distance of 2,662.98 feet; thence
N.00'59'00"W., a distance of 988.18 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.21'31'58"W., a radial distance of 359.00 feet; thence northeasteHy along the arc, through a
central angle of 29'40'27', a distance of 185.9,3 feet to a point of reverse curve to the right having a radius of
,381.00 feet and a central angle of 18'46'56"; thence northeasterly along the arc, a distance of 124.90 feet to a
point of reverse curve to the left having a radius of 512.00 feet and a central angle of 27'58'40"; thence
northeasterly olong the arc, a distance of 150.54 feet to a point of reverse curve to the right having a radius of
1,988.00 feet and a central angle of 05'5`3'22"; thence northeasterly along the arc, a distance of 123.39 feet to a
point of reverse curve to the left having a radius of 412.00 feet and a central angle of 55'06'17"; thence northeHy
along the arc, a distance of 252.45 feet to a point of reverse curve to the right having a radius of 188.00 feet and
a central angle of 24'47'52"; thence northerly along the arc, a distance of 81.`37 feet; thence N.25`10'48"E., a
distance of 159.54 feet to a point of curve to the right having a radius of 98.00 feet and a central angle of
107'4-1'02"; thence easterly along the arc a distance of 184.18 feet to a point of reverse curve to the left having a
radius of 212.00 feet and a central angle of 5`3'55'06"; thence easterly along the arc, a distance of 199.50 feet;
thence N.76'56'44'E., a distance of 98.12 feet to a point of curve to the right having a radius of 88.00 feet and a
central angle of 44'~2'20"; thence easterly along the arc a.distance of 68.66 feet; thence S.58'20'56"E., a distance
of 58.87 feet to a point of curve to the left having a radius of 112.00 feet and a central angle of 71'41'55"; thence
easterly along the arc a distance of 140.15 feet to a point of reverse curve to the right having a radius of 225.00
feet and a central angle of 28'55'44'; thence northeasterly along the arc, a distance of 11`3.60 feet to a point of
reverse curve to the left having a radius of 212.00 feet and a central angle of 27'20'10"; thence northeasterly along
the arc, a distance of 101.15 feet to a point of reverse curve to the right having a radius of 38.00 feet and a
centi'al angle of 58'26'43"; thence easterly along the arc, a distance of 38.76 feet to a point of reverse curve to
the left having a radius of 212.00 feet and a central angle of 32'15'57"; thence easterly along the arc, a distance
of 119.37 feet to a point of reverse curve to the right having a radius of 188.00 feet and a central angle of
23'02'51"; thence easteHy along the arc, a distance of 75.62 feet to a point of reverse curve to the left having a
radius of 212.00 feet and a central angle of 46'44'53"; thence easterly along the arc, a distance of 172.97 feet to
a point of reverse curve to the right having a radius of 188.00 feet and a central angle of 28'19'29"; thence
eosteriy along the arc, a distance of 92.94- feet to a point of reverse curve to the left having a radius of 212.00
feet and a central angle of 30'42'52"; thence northeasterly along the arc, (3 distance of 113.65 feet; thence
N.51'58'22"E., a distance of 75.67 feet to a point of curve to the right having a radius of 188.00 feet and a central
angle of 56'37'01"; thence easterly along the arc a distance of 185.77 feet; thence S.71'44'38"E., o distance of
215.48 feet to a point of curve to the left having a radius of 312.00 feet and a central angle of 15'56'`30"; thence
eosterly along the arc a distance of 84.99 feet to a point of reverse curve to the right having a radius of 158.00
feet and a central angle of 50'18'09"; thence easterly along the arc, a distance of 72.99 feet to a point of reverse
curve to the left having a radius of 162.00 feet and a central angle of `38'42'28"; thence easterly along the arc, a
distance of 109.44 feet to a point of reverse curve to the right having a radius of 138.00 feet and a central angle
of 54'16'`32"; thence easteHy along the arc, a distance of 82.55 feet to a point of reverse curve to the left having
a radius of 162.00 feet and a central angle of 32'18'53"; thence easteHy along the arc, a distance of 91.37 feet;
thence N.86'12'12"E., a distance of 80.88 feet to a point of curve to the right having a radius of 158.00 feet
(SEE SHEET 5 OF 3 FOR CONTINUATION)
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. R.O.W. = RIGHT-OF-WAY.
3. CURVE DIMENSIONS ARE AS FOLLOWS:
~ = DELTA, R = RADIUS, A = ARC, CH == CHORD,
AND CHB = CHORD BEARING
BEARINGS ARE ASSUMED BASED ON THE SOUTH UNE OF THE
SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
BEING N 89'10'34" E.
5. TOTAL AREA = 829.74 ACRES MORE OR LESS.
NOT A SURVEY
1llll~4
lllllkl'qb
llllllkTqb
IIIII~.DRUNDAGE, INC.
Professional Engineers, Planners &; L~nd Surveyors
J.D. NICEWONDER
METES AND BOUNDS DESCRIPTION
FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22 & 15, T 4~ S, R 26 E,
COLLIER COUNTY, FL.
DRAWN BY: ROP [ A88 PROJECT No.: 7~,-'~ ,,.
CHECKED BY: CPA t ACAO FILE NAME: 8074MB02
OATE:: Og/19/ot cooo FILE No.: 7883. CG0 ~
SCALE: I' = 1000' SHEET 2 OF ~
EXHIBIT 2
(CONTINUED FROM SHEET 2 OF 3)
Ecu CURVE TABLE
RVE RADIUS LENGTH DELTA TANGENT CHORD BEARING
C1 359.00 185.93 29'40'27' 95.10 N53'`3749"1[
_ C2 ,381.00 124.90 10'46'56- 63.01 ,~8'11'0~"w
C3 `312.00 150.54 27'38'40" 78.78 N,1,3'45'11 'E
c4 1988.00 123,`39 3'33'22" el.71 S31'42.3~'w
C5 412.00 252.43 35'D6'17 130.`3.t2
C6 188.00 81.,37 24'4752" 41.33 S10'45'52"W
C7 98.00 184..19 1Q7~.1'02" 1,34.11 s77'01't9'w
c8 212.00 199.50 53~'06" 107.83
,,, c9 88.00 68.68 44'42'20" 36.19 N80'42.06"W
C10 112.00 140.15 71'41',~5" 80.92 N55'45'06"[
CI 1 225.00 113.60 28'55',14." 58.04. S84'25'01"W
C12 212.00 101.15 27'20'1~0- 51.55 N65'12.47'~
C1,3 58.00 38.78 58"26'4~" 21.26 S80'45'04."W
C14 212.00 119.37 32'15'~7" 61.,31 S86"08'24"E
C15 188.00 75.62 2,3'02'51" 38.33 889'15'13"W
C16 212.00 172.97 ~'44'~,~' 91.83 N77'24'12"E
C17 188.00 92.94 28'19';~9" 47.44 $88'11'29"w
C18 212.00 11,3.65 30'42'52' 58.22 N66'59'48'E
C19 188.00 155.77 ,56"~T01" 101.26 879'5~'52"W
c20 `312.00 84..99 15",~':~" 4.2.76 S79'32'5~"1[
c21 135.00 72.99 ,~O'l~'q~l' 37.37 N72'12'O~"W
C2.2 162..00 109.44 38'4.2'21~1" 56.90 $78'24'13"E
C2,3 138.00 82.55 34'16',32" 4.2.55 N7~'37'iI"W
C24 162.00 91.37 32'15'53" 45.93 S77'38'22'E
C25 158.00 224.07 9~'01'~' 145.50 N47'H}'5~'W
C26 312.00 330.38 l}q'4q'O,~' 182.57
C27 112.00 57.69 29'30'4~' 29.50 576'11'27'E
C28 508.00 383.12 711'~'~ 1" 220.79
C29 908.00 454.40 ~,~)~.~'57" 248.11 NO4'23'39"W
C~ 112.00 134.34 88'43'2~1' 78.88 $23'28'25'£
C~1 512.00 3,33.98 ,37'22'29' 17,3.18
C.52 458.00 155.66 11~'16'3,~" 75.50 N88.04.'22'W
~ 512.00 297.82 3,~'19'39" 153.25 N88'~4'OS"E
C34 458.00 178.15 20'$4'~9'1 90.08 ~}0'11'4,5"w
C,35 212.00 94.41 25'30'58' 48.00 N77~'47'1~
C36 588.00 217.08 ;~1'09'09' 109.79 $75'4~;'5~'W
C57 10,3.00 54,.98 ~0':55'07' 28.16 N70'59'54'~:
and o central angle of 93'01'46"; thence southeasterly along the arc a distance of 22~.07 feet to a point of reverse
curve to the left having a radius of 312.00 feet and a central angle of 60'4.0'03'; thence southeasterly along the
arc, a distance of 330.36 feet to a point of compound curve to the left having a radius of 112.00 feet and a
central angle of 29'30'43'; thence eastedy along the arc, a distance of 57.69 feet to a point of reverse curve to
the right having a radius of 308.00 feet and a central angle of 71'16'11'; thence southeastedy along the arc, a
distance of 383.12 feet to a point of compound curve to [he right having a radius of 908.00 feet' and a central
angle of 30'33'57"; thence southedy along the arc, a distance of 48~.39 feet to a point of reverse curve to the left
having a radius of 112.00 feet and a central angle of 68'43'29'; thence southeasterly along the arc, a distance of
134.3~ feet; thence S.57'50'09'E., a distance of 74.98 feet to a point of curve to the left having a radius of
512.00 feet and a central angle of 37'22'29"; thence easterly along the arc a distance of 333.98 feet to a point of
reverse curve to the right having a radius of 488.00 feet and a central angle of 18'16'33'; thence easterly along the
arc, o distance of 155.66 feet to a point of reverse curve to the left having a radius of 512.00 feet and a central
angle of 33'19'39'; thence easterly along the arc, a distance of 297.82 feet to a point of reverse curve to the right
having a radius of 488.00 feet and a central angle of 20'54'59'; thence eastedy along the arc, a distance of 178.15
feet to a point of reverse curve to the left having a radius of 212.00 feet and a central angle of 25°30'56'; thence
easterly along the arc, a distance of 94.41 feet to a point of reverse curve to the right having a radius of 588.00
feet and a central angle of 21'09'09'; thence eastedy along the arc, a distance of 217.08 feet to a point of reverse
curve to the left having a radius of 103.00 feet and a central angle of 50'35'07'; thence easterly along the arc, a
distance of 54..98 feet; thence N.55%2'20"E., a distance of 160.49 feet; thence S.01%3'53'E., a dis[once of 738.04
feet; thence S.01%1'44"E., a distance of 2,676.29 feet; thence S.01'4.2'40'E., a distance of 1,33¢.41 feet; thence
S.89'04'26'W., a distance of 1,306.80 feet; thence S.01'30'39"E., a distance of 2,667.4.~ feet; thence S.89'08'23'W.,
a distance of 164.50 feet; thence S.01'29'06'E., a distance of 1,333.65 feet; thence S.89'10'34'W., a distance of
1,155.54 feet to the POINT OF BEGINNING. '
Containing 829.74 acres, more or less;
subject to easements and restrictions of record.
AGNOU, BARBI1
Professional
BY
Guy P. Ad(
I mRU"D^GE, NOT A SURVEY
INC.
~~s,~i,SMs, Planners & Land Surveyors
IIIIIIA
IIII
....~.GNOI'.I
I IIIII*'T'~
IIII
RUNDAG£, INC.~'' ·
rroressional Ensineers, Plaflners ~c l.~nd Surveyors ,,
~'~c4J14 0 ( A ~ diof~tatbn Nos. tu ~4 wd ~lt 3~04
J.D. NICEWONDER
METES AND BOUNDS DESCRIPTION
FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22 & 15, 3' 48 S, R 26 E,
CALMER COUNTY, FL.
D~^WN aY: ;rap I A88 ~,_~gCT Ne..' 7883 I
C~ECKED aY: CoX I ^CAD ~,; N~E: 8074~802 I
0A~: 0~/~/O~ I COCO RL£ No.: _7~8_ ~LCGO I
EXHIBIT 2
EXHIBIT 3
Consent and Jo~nder of Landowners
To E~tablishment of a Community Development District
The undersigned is the owner of certain lands more fully described on Exhibit 2 attached hereto and made a par[
hereof ("Property").
The undersigned understands and acknowledges that Mirasol Development, L.L.C. ("Petitioner") intends to submit
an application to establish a Community Development District in accordance with the provisions of Chapter 190 of
the Florida Statutes.
As an owner of lands which are intended to constitute the Community Development District, the undersigned
understands and acknowledges that pursuant to the provisions of Section 190.0005, Florida Statutes, the
Petitioner is required to include the written consent to the establishment of the Community Development District of
one Kindred percent (100%) of the owners of the lands to be included within the Community Development District.
The undersigned hereby consents to the establishment of a Community Development District which will include
the Property within the lands to ;~e part of the Community Development District and agrees to further execute any
documentation necessary or convenient to evidence this consent and joinder dudng the application process for the
establishment of the Community Development District.
The .undersigned acknowledges that the consent will remain in full force and effect until the Community
Development District is established or three years from the date hereof, which ever shall first occur. The
undersigned further agrees that it will provide to the next purchaser or successor in interest of all or any portion of
the Property a copy of this consent form obtain, if requested by Petitioner, a consent to establishment of the
Community Development District in substantially this form.
The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary
to duly authorize the execution of this consent and joinder by the officer executing this instrument.
Executed this day, September :l., 2001
IMCOLLIER JOINT VENTURE,
A Florida General Partnership,
By: Mirasol Development, LLC
A Flodda Limited Liability Company,
Managing Venturer
Robert G. Claussen, Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 1 day of September, 2001, by
Robert G. Claussen, Managing Member, on behalf of the Lan~me.
F~~ ~"~. ~o,. ~ s~ I
,,. ,i oo.,-,.~dona",,., ,o,~ tlo~w-,),~cad ~uu.u exhib~t~v, onin~l ~up\76ooz-MAPu ~ .uwg, 0u/i z12001 u.~:31:0o r'M, pogany
INTERSTATE ' 75
N
Z
'~ C.R. 951
/
\\-t
rtl
0
T 51S
T 50 S
T 46 S
,, j
I S Z6 .L S I, Cl .L I S 06 .L I S 6t .L
S 91~ ,,L
Exhibit 5
Page 2 of 3
a. Presently developed sites;
b. Sites where water-dependent or water-related uses have been previously established;
c. Sites where shoreline improvements are in place;
d. Sites where damage to viable, naturally functioning wetlands, or other environmentally
sensitive features, could be minimized.
Port of the Islands is a unique development, which is located within the Urban Designated Area, but
is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the
development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is
eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the
overall residential density and commercial intensity does not exceed that permitted under zoning at
time of adoption of this Plan.
1. Urban Residential Subdistrict
The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural
resource constraints and where existing and planned public facilities are concentrated.
This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use
District. Maximum eligible residential density shall be determined through the Density Rating
System but shall not exceed 16 dwelling units per acre except in accordance with the
Transfer of Development Rights Section of the Land Development Code.
2. Urban Coastal Fringe Subdistric~'
The purpose of this Subdistrict is to provide transitional densities between the Conservation
Designated Area and the Urban Designated Area. It includes that area south of US 41
between the City of Naples and Collier-Seminole State Park, including Marco Island and
comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to
facilitate hurrfcane evacuation and to protect the adjacent environmentally sensiti~e
Conservation Designated Area, residential densities shall be limited to a maximum of 4
dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per
acre through provision of Affordable Housing and Transfer of Development Rights, and
except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are
recommended to be in the form of a Planned Unit Development. The Marco Island Master
Plan shall provide for density, intensity, siting criteria and specific standards for land use
districts on Marco Island.
3. Urban Residential Frin,qe Subdistrict
The purpose of this Subdist~ct is to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres
and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a
maximum density of 1.5 units per gross acre, subject to the following conditions: and are not
subject to the Density Rating System:
a. All rezones are encouraged to be in the form of a Planned Unit Development; and
b. Proposed development in the area shall be fully responsible for all necessary water
management improvements, including the routing of all on-site and appropriate off-site
water through the project's water management system, and a fair share cost of necessary
improvements to the CR 951 canal/out-fall system made necessary by new development
in the area.
19
(IV) = Plan Amendment CP-2000-1 adopted by Ordinance No. 2000-87 on December 12, 2000
,. Exhibit 5 Page 3 of 3
the asphalt plant: is compatible with surrounding land uses; is not located in a County, State
or Federal jurisdictional wetland area and a~y required buffer zones; is not located within
1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as
depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural
reservation
I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf
course or retail sales of produce accessory to farming, so long as restrictions or
limitations are imposed to insure the commercial use functions as an accessory,
subordinate use. Such restrictions or limitations could include limiting the size and/or
location of the commercial use and/or limiting access to the commercial use;
m. Commercial uses, within the Rural Commercial Subdistrict, based upon criteria;
n. Industrial uses within the Rural - Industrial District; ·
o. Travel trailer recreational vehicle parks, provided the following criteda are met:
1. The density is consistent with the Land Development Code;
2. The site has direct principal access to a road classified as an arterial in the Traffic
Circulation Element, direct principal access defined as a driveway and/or roadway
connection to the arterial road, with no access points from intervening properties; and,
3.The use will be compatible with surrounding land uses.
A,qricultural/Rural - Mixed Use District
The purpose of this District is to protect and encourage agricultural activities, conserve and
preserve environmentally sensitive areas, provide for Iow density residential development, and
other uses identified under the Agricultural/Rural Designation. 'These areas generally lack public
facilities and services. Urbanization is not promoted, therefore most allowable land uses are of low
intensity in an effort to maintain and promote the rural character of these lands. Residential uses
are allowed as follows, s~'cject to the Interim Development Provisions:
a. Low density residential dwelling units, at a maximum density of one dwelling unit per five
gross acres, except for legal non-conforming lots of record.,
Dormitories, duplexes and other staff housing, as may be provided in conjunction with
conservation uses, at a density in accordance with the Land Development Code;
Group housing uses at a density in accordance with that permitted in the Land Development
Code;
Staff housing in conjunction with safety service facilities and essential services, at a density in
accordance with the Land Development Code;
Farm labor housing in accordance with the Farm Labor Housing provision in the Land
Development Code;
Recreation camps as defined in, and at the density allowed by, the Land Development Code.
Existing units approved for the Fiddler's Creek DRI may be reallocated to those pads of
Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI
together with part of Section 29, Township 51 South, Range 27 East, at a density greater than
1 unit per 5 gross acres provided that no new units are added to the 6,000 previously
approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek
DRI; and further provided that no residential units shall be located on that part of Section 29
within the Fiddler's Creek DRI; and further provided that South Florida Water Management
District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres.
Rural Commercial Subdistrict
Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum
of 200 acres, may be allowed providing the following standards for intensity of use are met
and subject to the Interim Development Provisions:
a. The project, or that portion of a larger project, which is devoted to commercial
A.
O) 1.
35
~ I
0 ~10 600 1200
SCAIr IN FEET
9
THE PARKLANDS P.U.D.
16
c, ~ %"~. WILDWOOD P.U.D.
IMMOKALEE ROA (C.R. B4(
EXISTING 24" W.I~
EXISTING 12" F.M.
i
CDD LINE
829. 74 Ac.+_
DW.M.
F.M.
AGNOLI
, ~ARBER &:
BRUNDAG£, INC.
Professional Engineers, Planners &: Land Surveyors
The Flow Way CCD Line - EXHIBIT 6
EXHIBIT 8
POTENTIAL EASEMENT
,ear
MIRASOL
CD¢OHATGNEE ~ANAL
IIINOKALEE ROAD
UPLAND PRESERVE
100.8 ACRES FLOW-WAY UPLAND
WETLAND PRESERVE
746.2 ACRES FLOW-WAY WETLAND
FLOW-WAY CONVEYANCE
36.5 ACRES WITHIN MIRASOL
25.6 ACRES WITHIN TERAFINA
29.3 ACRES WITHIN OLDE CYPRESS
L ~mm ~Nm~ mm-~mm~ m ~Nm~ m-m
EXHIBIT 8A
Preparud by and return to:
Kenneth W. Dodge
LEWIS, LONGMAN & WALKER, P.A.
1700 Palm Beach Lakes Blvd. # 1000
West Palm Beach, FL 33401
DRAINAGE, INGRESS/EGRESS AND
MAINTENANCE EASEMENT
THIS EASEMENT, granted this __ day of ,2001, by and between
Robert Vocisano, as Co-Trustee under Land Trust Agreement dated May 24, 1995, and
OLDE CYPRESS DEVELOPMENT, LTD., hereinafter collectively called "Grantors"
and J.D. Nicewonder, hereinafter called "Grantee" and his successors and assigns.
WHEREAS, Grantors Vocisano is Co-Trustee of certain property known as
TERAFINA, a portion of which is described in Exhibit "A" attached and incorporated
herein, with full powers to protect, conserve, sell, encumber or otherwise dispose of
same; and to which certain property was issued District ERP Permit #
WHEREAS, Grantor Olde Cypress is the owner of certain property known as
OLDE CYPRESS, a portion of which is described in Exhibit "B" attached and
incorporated herein, with full powers to protect, conserve, sell, encumber or otherwise
dispose of same; and to which certain property was issued Permit # ~
WHEREAS, Grantee Nicewonder is the owner of certain property known as
MIRASOL which desires to construct a flow way for the drainage of surface water to the
Cocohatchee Canal: and to which certain property was issued District ERP Permit #
WITNESSETH
That for and in consideration of the sum often dollars ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, the Grantors
hereby grant to Grantee and its successors and assigns, a Drainage Ingress and Egress and
Maintenance Easement ("Easement") over their respective properties described in the
attached Exhibits A & B for the purpose of the drainage of surface waters, together with
an easement for ingress and egress to enter upon the above described lands and to
construct, operate and maintain these lands in accordance with this Drainage,
Ingress/Egress and Maintenance Easement and Permit # and Permit # and
Permit # in perpetuity.
This Easement granted herein is subject to the following terms and limitations:
In the event an entity is created to operate and maintain the above referenced
lands in Exhibits A and B in accordance with this Easement, and Permit #
~ and Permit # and Permit # , Grantee shall assign this Easement
to said entity together with all rights of access, maintenance and construction
contained herein. Failure to do so may result in violation of the above
referenced ERP permits.
Should Grantee be required to access lands immediately adjacent to the
Easement area in the course of constructing, operating or maintaining said
Easement, Grantors shall not unreasonably withhold the granting of temporary
construction Easements to accomplish same.
IN WITNESS WHEREOF, the Grantors have executed this instrument or mused the
same to be executed by their representatives, there unto duly authorized on the day and
year first above written. .
Witnesses:
OLDE CYPRESS
DEVELOPMENT, LTD.
By:
STATE OF FLORIDA
COUNTY OF
2001.
BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared
, who is personally known to me or who has produced
as identification and has signed the foregoing instrument.
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of ,
My commission expires:
NOTARY PUBLIC/STATE OF FLORIDA
2
Witnesses:
ROBERT VOCISANO
Co-Trustee under Land Trust
Agreemem dated May 24, 1995
of TeraFina Developmem
STATE OF FLORIDA
COUNTY OF
2001.
BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared
, who is personally known to me or who has produced
as idemification and has signed the foregoing instrument:
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of ,
My commission expires:
[:V~lient Docu ments~dimsolVl2 4'/~Misc~Easemcm.doc
NOTARY PUBLIC/STATE OF FLORIDA
Exhibit 9 Page 1 of 5
1.0 Introduction
STATEMENT OF ESTIMATED REGULATORY COSTS
. 1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Flow Way
Community Development District ("District"). The proposed District comprises approximately 950
acres of land located in Collier County, Florida. The limitations on the scope of. this SERC are explicitly
set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law shall be fair and
based only on factors material to managing and financing the service delivery function of the district,
so that any matter concerninq permitting or planning of the development is not material or relevant
(emphaSis added.)"
1.2 Overview of the Flow Way Community Development District
The District is designed to provide community infrastructure, services, and facilities along with their
operations and maintenance, to the proposed Mirasol development. Flow Way Community
Development District will be an upscale, fully amenitized, residential golf course community.
The proposed development plan for the lands within the District include the construction of up to 799
single family residential dwelling units, recreational areas, 36 holes of golf, a golf clubhouse, a swim
and fitness facility, a tennis facility, and a network of trails and parks, is authorized for portions of the
development to be included within the District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must
contain:
"(a) A good faith estimate of the number of Individuals and entitles likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local governmental entities, required to comply with the requirements of the rule. As used
in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, and the cost of monitoring and reporting.
EXhibit 9
Page 2 of 5
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and ~
analysis of the impact on small counties and small clues as defined by Section 120.52, F.S. Colli,
County is not defined as a small county for purposes .of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith writt6
proposal submitted under paragraph (1) (a) and either a statement adopting, the alternative or
statement of the reasons for rejecting the alternative in favor of the proposed rule.
2.0 A good faith estimate of the number of individuals and entities likely to b
required to comply with The ordinance, together with a general description of the type
of individuals likely to be affected by the ordinance.
As noted above, Row Way Community Development District 'is a residential community designed fc
up to 799 total residential units. FormaUon of the proposed District would put all of these household
under the jurisdiction of the proposed District.
3.0 Good Faith estim.ate of the cost to .state and local go. vernment entities, o
implementing and enforcing the proposed ord,nance, and any ant,cipated effect on stat,
and local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Governmental EntiUes
There will be only modest costs to various State governmental entiUes to implement and enforce the
proposed formation of the District. The District has fewer than 1,000 acres, so Collier County is the
establishing entity under 190.005 (2). F.S. The modest costs to various State enU[ies to implemen
and enforce the proposed ordinance relate strictly to the receipt and processing of various repo~
that the proposed District is required to file with the State and its various entiUes. Appendix A list.,
the reporting requirements. The 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 addiUonal se
of report is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed distric
must pay an annual fee to the State of Florida Department of Community Affairs, which offsets sud
costs.
Collier County
Since the proposed District !~ in Collier County and consists of less than 1,000 acres, Collier Counb.
and its staff will process, analyze and vote upon the peUtion to establish the District. These activitie~
will absorb some resources.
Furthermore, even these costs to the County are 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 petitior
itself provides much of the information needed for a staff review. Third, local governments routinel,.
Exhibit 9 Page 3 of 5
process similar petitions for land uses and zoning changes that are far more complex than is the
petition to establish a community development district.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negaUve impact on State or local revenues. The
District is an independent unit of local government. It is designed to provide community facilities and
services to serve the Mirasol development project, It has its own sources of revenue. No State or
local subsidies are required or expected.
In this regard it is important to note than any debt obligations incurred by the District'to construct its
infrastructure, or for any .other reason, are not debts of the State of Florida or any unit of local
government. In accordance with State law, debts of the District are strictly its own responsibility.
4,0
A good faith esUmate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
The drainage facilities will ail be funded, operated and owned by the District. The District will also
fund the construction of the water and sewer dlstdbuUon system. However, the County will own and
operate the water and sewer system serving the District.
Table 1, Flow Way Community Development District
Proposed Facilities and Services
FAC]:LITY · FUNDED BY O & M BY OWNERSHXP
Drainage CDD CDD CDD
Water/Sewer CDD County County
Roadways/Street Ughting CDD CDD CDD
Recreation CDD CDD CDD
Mitigation CDD CDD CDD
Landscaping CDD CDD CDD
The petiUoner has estimate~l the design and development costs for providing the capital facilities
ouUined In Table 2. The cost estimates are shown in Table 2 below. Total design and development
costs for these facilities are estimated to be approximately $55,694,575. The District may issue
special assessment or other revenue bonds to fund the development of these facilities. These bonds
would be repaid through non ad valorem assessments levied on all properties in the District that may
benefit from the District's capital improvement program as outlined in Table 2.
Prospective future landowners in the District may be required to pay non-ad valorem assessments
levied by the District to secure the debt incurred through bond issuance. Zn additional to the levy of
non ad valorem assessments for debt service, the District may also impose a non ad valorem
assessment to fund the operations maintenance of the District and its facilities and services.
Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all
owners and users of the affected property choose to accept the non-ad valorem assessments as
tradeoff for the numerous benefits and faciliUes that the District provides.
Exhibit 9 Page 4 of 5
A Community Development District ("CDD") provides residents with the option of having higher level
of facilities and services financed through self-imposed charges. The District is an alternative mean
to finance necessary community services. District financing is no more expensive, and often les
expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhoo~
association, County provision, or-through developer equity and/or bank loans.
In considering these costs it shall be noted that occupants of the lands to be included within tht
· District will receive three major classes of benefits.
Rrst, those residents and businesses in the District will receive a higher level of public services an(
amenities sooner than would otherwise be the case.
Second, a CDD is a 'mechanism for assuring that the community services and amenities will b(
completed concurrenUy with development of lands within the District. This satisfies the revise¢
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 governance which allows District landowners, through landowner
voting and ultimately electoral voting for resident elected boards, to determine the type, quality and
expense of District services they receive, provided they meet the County's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the District to
provide infrastructure services and facilities. Instead, it is the incremental costs above what the
landowners would have paid to install infrastructure via an alternative financing mechanism. Given
the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of
the high quality infrastructure provided by the District is likely to be fairly Iow..
Table 2. Cost Estimate for District Facilities
CATEGORY
Roadways
Land Clearing
Utilities
Infrastructure
Hitigation & Acquisition
Water Management System
Landscape
Engineering
Permitting
Contingency
TOTAL
coEr
$1,547,825
$10,887,143
$ 7,524,168
$ 7,000,000
$13,427,892
$ 5,663,890
$ 5,568,689
$ 844,441
$ 3,105,409
$ 55,694,575
Table 3. Probable Cost Estimate and Estimated Timetable.
Attached is Table 3, which is an estimate of probable costs and Umetable of improvements.
Exhibit 9 Page 5 of 5
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F..~
and an analysis of the impact on small counties and small cities as defined by Sectic
120.52, F.S.
There will be no impact on small business because of the formation of the proposed District.
anything, the impact may be positive. This is because the District must competitively bid all of i
contracts. This affords small businesses the opportunity to bid on District work.
Collier County has an estimated populaUon (not incarcerated) in 1998 that is greater than 75,00(
Therefore the County is not defined as a "small" county according to Section 120,52, F,$.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward apPlii:ation of economic theory, especiall3
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from th
Developer's Engineer and other professionals associated with the Developer.
Prepared by:
1, Robert O. Claussen, Managing Member of Mirasol Development L.L.C., hereby authorizes the following
individuals as authorized agents in matters involving Mirasol Development L.L.C., and/or Flow Way
Community Development District, and/or IMCOLLIER Joint Venture, with any Governmental Agency,
including but not limited to Collier County Board of County Commissioners.
Dr. Henry Fishkind
Fishkind & Associates, Inc.
11869 High Tech Avenue
Orlando, FL 32817
and
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, Jensen, LLP.
1833 Hendry Street:,
Ft. Myers, FL 33902
Executed this day, September 1, 2001
IMCOLLIER JOINT VENTURE,
A Florida General Partnership,
By: Mirasol Development, LLC
A Fiodda Limited Liability Company,
Managing Venturer
Robert G. Claussen, Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instnmaent was acknowledged before me this 1 day of September,
200 l, by Robert G. Claussen, Managing Member Mirasol Development LLC, on behalf of
IMCOLLIER Joint Venture and/or Mirasol Development LLC. He ~s
O me.