Ordinance 2002-42 ORDINANCE NO. 02-42
AN ORDINANCE ESTABLISHING THE TUSCANY
RESERVE COMMUNITY DEVELOPMENT DISTRICT;
ADOPTING FINDINGS 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 SPECIA~i~*! ~,.
POWERS; PROVIDING FOR CONFLICT AN[~i i ~,, ~) .~,=~.~
SEVERABILITY; PROVIDING FOR INCLUSION IN TH~':".: ' ~
CODE OF LAWS AND ORDINANCES; AND PROVIDING;ii:~ :~
AN EFFECTIVE DATE. '"~'~:~:
RECITALS ~ --
WHEREAS, Panther Developments, 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 TUSCANY RESERVE COBMUNITY 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.
6. 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 all 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.
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 TUSCANY RESERVE COMMUNITY
DEVELOPMENT DISTRICT.
The Tuscany Reserve 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. Barry Sifen 3.
24301 Walden Center Drive
Bonita Springs, FL 34134
David Salko
24301 Walden Center Dr.
Bonita Springs, FL 34134
2. Edwin Stackhouse 4.
24301 Walden Center Drive
Bonita Springs, FL 34134
Ken Plonski
24301 Walden Center Dr.
Bonita Springs, FL 34134
Wendy Beville
24301 Walden Center Drive
Bonita Springs, FL 34134
SECTION FIVE: DISTRICT NAME.
The community development district herein established shall henceforth be
known as the "Tuscany Reserve Community Development District."
SECTION SiX: STATUTORY PROVISIONS GOVERNING DISTRICT.
' The Tuscany Reserve Community Development District shall be governed by the
"lSrovisions of Chapter 190, Florida Statutes, and all other applicable general and local
law.
SECTION SEVEN: CONSENT TO GENERAL POWERS & RECOGNITION OF
RIGHTS REGARDING FUTURE SPECIAL POWERS.
The uniform charter of the Tuscany Reserve CDD is as set forth in Florida
Statutes Sections 190.006 - 190.041, which allows the CDD to exercise powers granted
by law under Sections 190.011. The Board specifically consents to the District's
exercise of these statutory general powers. The Board further recognizes the District's
right to seek consent from Collier County in the future for additional, special powers in
accordance with Section 190.012(2), Florida Statutes.
2
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 A,.LDOPTED by the Board of County Commissioners of Collier
County, Florida,..this ~0~' day of ....~'~ L. ~ ,2002.
Attest es t~-:Cbit~m's
signature onl.~.
Approved as to Form
And Legal Sufficiency:
PATRICK G. WHITE,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAM
This ordinance filed with the
Sec .retary of $~tate's Office the
cma .~=KnOWleagernen_~ of thoT
received this ~,~' day
filing.re,
De13uty Clerk
EXHIBIT "A"
TUSCANY RESERVE CDD
METES AND BOUNDS
LEGAL DESCRIPTION
Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South,
Range 25 East, Collier County, Florida, LESS: The portion conveyed to Collier County, A
Political Subdivision, by Warranty Deed recorded June 22, 2000, in Official Records' Book
2689, Page 3.368.
together with:
Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying
West of Interstate Highway 75, Ri._~h.t-of-woy.
PARCEL A and PARCEL B: TOGETHER BEING MORE P.ARTICULARLY DESCRIBED AS:
A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section
12, Township 48 South, Range 25 East, in Collier County Florida, and being more
particularly described as follows:
BEGINNING at Northwest Corner of Section 7, Township 48 South, Range 26 East run
thence along the North boundary of the Northwest one-quarter (~) of said Section 7,
S.89"52'09"E. 2420.80 feet to o point on the Westerly right-of-way line of Interstate
Highway 75 (324' Right-of-way); thence clang said Westerly right-of-way line for the
following three (3) courses 1) S.19°50'45"E. 2329.79' feet to o point of curvature; 2)
Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58
feet (]nd a central angle of 19"28'46" (chord bearing S.09"46'20"E., 188,3.77 feet); ,3)
S.00°01'57"E. 1243.42' feet to (] point on the South boundary of the Southeast
one-quarter (~) of said Section 7; thence clang said South boundary N.89"10'15"W.,
844.32 feet; thence along the South boundary of the Southwest one-quarter (~) of said
Section 7, N.89"10'25"W., 2627.4.3 feet to the Southwest corner of said Section 7; thence
along the West boundary of the Southwest one-quarter (~) of said Section 7,
N.OO"32'28"W., 2623.13 feet; thence along the West boundary of the Northwest
o~e-quorter ~) of said Section 7, N.OO"30'23"W., 1.314.18 feet; thence along the
Southerly boundary of the North one-half (~), of the Northeast one-quarter ~), of said
Section 12, Township 48 South, Range 25 East, S.89°21'50"W., 2599.53 feet to o point on
the Easterly right-of-way line of Livingston Rood; thence along said Easterly right-of-way
line N.OO°24'47"W., 1316.68 feet to o point on the North boundary of the North one-half
(C-)--of the Northeast one-quarter (~) of said Section 12; thence along said North
boundary, N.89°25'O8"E., 2597.37 feet to the POINT OF BEGINNING.
Containing 461.29 acres, more or less.
PREPARED BY: HEIDT & ASSOCIATES, Inc.'
NTampa -:. Fort Myers
IVIL ENGINEERING Fort Myers
NING 3800 Colonial Parkway, ~200
NG Fort My'er~, Florida 3.3912
MENTAL PERMrl-nNG Phone: 239-482-7275
FAX: 239-482-2103
V LANE)SCAPE AROHrI'EOTURE
Exhibit "A" Page 1 of 2
E~HIBIT "A"
0 1000 2O0O
SCALE: 1" = 1000'
North boundary of the Nor'th I/2
of the Northeast 1/4 Sect/at, 12
N.Bg'25'OB'E. 2597.37'
PARCEL · A ·
NDRTH 'l /2 DF' THE
NDRTHEAST 1 /4 DF ,..~ECTIE3N 1 2
!
I
S.8g'21 '50'W. 2599.53'
South boundoO/ of the No~th 1/2
of the Nodheast 1/4 Section 12
boundol7 of the No~'thwest ~/4 Section
2420.B0'
PAROEL" B"
ALL OF SECT|ON ? WEST rlf
INTERSTATE HIGHWAY 75, RIGHT-DF-WAY
Al I g'28 '46 '
R==5567.58
T=955.66
L"1892.87
~1883.77
CB=$.0g'46'20'E.
.I
I South boundoo~ of
I* the Southeast I/4 Section 7~
~ N.Sg'l 0'25'W. N awl 0'1 5~.J
South boundo~ of
the , Southwest I/4 Section 7
LEGEND
OR -- OFFICIAL RECORDS BOOK
F.P.1.-- FLORIDA POWER AND light CO.
CER~FICATE OF AUTHOF~ZA~ON NO. LB 14~
PREPARED BY: HEIDT & ASSOCIATES, Inc.
Tampa ':- Fort Myers
IV1L EN(31NEERING ];er[ Myers
~ING 3800 Co~oma~ BIvO, ~-,Ite
N~ For{ Myers, Flori0a 33912
ENVIRONMENTAL PEFIMITT}NG Pno~e: 239-482-7275
FAX: 239-482-2103
~ LANDSCAPE ARCHITECTURE
Exhibit "A" Page 2 of 2
SKETCH DF LEGAL DESCRIPTIDN FOR
TUSCANY RESERVE
Prepared For: WCI
Dote: 4/19/02 ~0rder No.: ~-~
SE~ 7 ~p 48 S ~E ~ E
Q. GRADY MINOR &' ASSOCIATES, P.A.
Civil Engineers · Land Surveyors = Plarmers
Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
DAVID W. SCHMITT, P.E.
MICHAEL J. DELATE, P.E.
NORMAN J. TREBILCOCK, A.I.C.P., P.E.
D. WAYNE ARNOLD, A.I.C.P.
ERIC V. SANDOVAL, P.S.M.
THOMAS CHERNESKY, P.S.M.
ALAN V. ROSEMAN
TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT
Back,qround and Credentials of Planner
My name is Donald Wayne Arnold, AICP. I am a professional urban planner. I am a Principal
with the firm Q. Grady Minor & Associates and have over 14 years of experience in planning
and permitting related to land development activities. I have previously been employed as a
professional planner by local and State governments, including Palm Beach County, Collier
COunty and South Florida Water Management District. I have been actively involved in
Developments of Regional impact, growth management plan amendments, property rezonings,
land development code amendments, site development plans, and land feasibility studies. I
hold dual degrees in urban planning: a Bachelor of Science Degree in Urban-Regional Planning
from Southwest Missouri State University, and a Master of Urban Planning from the University
of Kansas.
I have served as an expert in urban planning in a variety of local, regional and state growth
management planning issues and have testified in numerous hearings including Florida
Administrative Hearings, local planning and zoning boards/commissions, Hearing Examiners,
Local Planning Agency, board of zoning appeals, Circuit Court, and County Commissions.
Based on my education and professional experience, I will address planning aspects and
consequences of the proposed new Tuscany Reserve Community Development District. I have
assisted in the preparation of the Petition, its required exhibits and additional information related
to the planning consideration of establishing the District. Below is a summary of the planning
consequences of establishing the proposed Community Development District in Collier County.
My assessment of the six statutory factors that must be met in order to establish a Community
Development District is discussed below.
Project Description
Tuscany Reserve comprises approximately 461 acres within northern Collier County, Florida,
bounded on the west by Livingston Road and the Mediterra Development, bounded on the east
by Interstate 75, bounded on the south by the Strand Development and bounded on the north by
Lee CoLll"~ty and Vasari CoLor,try Club. The property is located within the Urbar~ Re~identiat
Subdistrict of the Collier' County FLltUre t.and Llse Map. The Urban F4esiclential Subdistrict is
described as [ollows:
(239) 94:7- ] 14,1 ~': ~: AX (239) 94':7-0375, E-Mail: engmee:ringl~)gTadymh-~o,:.com
2,[11)(I Vi;'~ DeI I;~? ~ Bonita Sl:)ring,% Florida 34:'1.34
The property is currently planned for a residential master planned golf course community with
309 residential units, but will not exceed a maximum of 799 residential units. The master
planned community will include both single family and multi-family dwelling unit types, with an
associated village center, an eighteen-hole championship golf course, a clubhouse and other
golf and residential amenities. Therefore, this residential development would be characterized
as a very tow density (less than one unit per acre) development.
The project has direct access to Livingston Road, a County arterial roadway.
The Six Statutory Factors: Section 190.005 (1)(e)1-6, F.S
Section 190.005(2)(c), Florida Statues, provides that the County Commission shall consider the
record of the public hearing and the following factors in making its determination to grant or deny
a petition for the establishment of a community development district.
Whether all statements contained within the petition have been found to be true
and correct.
Whether the establishment of the district is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
Whether 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.
Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
Whether the area that will be served by the district is amenable to separate
special-district government.
Factor One
Whether all statements contained within the petition have been found to be true
arid correct.
In my r)rofessional planrdr~g opinion, the Petition and its attached exhibits satisfy the
leq Llil'~rr~ 6~ nts '~ '
,¢~ the st~::ddte and contair~ irlformation that is both ti'tie and correct. Therefore.
factor one ir, rny opirdor, is sstisfied ,r( m a planning perspecti~/e.
Local Specializ~:;ct Probh,n~: I,lorle.
Factor Two
Whether the establishment of the district is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
Regarding Factor Number Two, I have done a considerable amount of analysis of both the State
Comprehensive Plan and the Collier County Comprehensive Plan because this factor questions
whether creation and establishment of the District is consistent with any applicable element or
portion of the State Comprehensive Plan or the Collier County Comprehensive Plan.
Discussion: The State Plan.
The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes. I have analyzed this
State Plan with the assumption that the proposed District will exercise all of its powers set forth
in., Sections 190.001 through 190.046, Florida Statutes.
I reviewed all twenty-six subjects, twenty-six goals and several related policies under each goal
in the State Plan from this perspective. Subjects, goals and policies of the State Plan that were
not related to the development, nor to the creation and establishment of the District to serve the
development were not evaluated. I have identified and evaluated those subjects, goals and
policies, that do relate to the creation and establishment of a Community Development District.
As a professional planner, I have opined as to the consistency of proposed District with each
related goal, objective and policy of the plan.
I have determined that there are four state goals and related policies applicable to the
establishment of the proposed Tuscany Reserve Community Development District. I have
analyzed from a planning perspective each subject and goal and then identified various specific
policies under each of them which related to the proposed District, once again, applying all of
[hese factors to the assumption that the District would exercise all of its powers of Section
190.011 and 190.012, Florida Statutes.
Subject and Goal 16 LAND USE
Goal - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those
areas which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an
environrnentally acceptable manner.
Subject Number 16 and its related goal are applicable because the subject of developrnent being
directed to areas having, or programmed to have funded land and water resources, and
nece..'.~.~;ary ini:rastructure capacity to serve growth irt an environmer~tally respor~sible mariner
retate~s dilectiy to 'the C:omr¢,ur'~itv Development District purpose of economical ~trld adeqt~ate
f.',¢rvi(;(-:. {-t(4i~/ecr'v thlr',~t~gh l.-)istr;r:~ i'~rox/iCed capital if~frastruoture
The Tuscany Reserve Community Development is in an area of Collier County that has available
access to regional water' and sewer services, and roadway networks to serve a project of this
scale. The District is located in the Urban Residential Subdistrict of Collier County and will meet
all applicable natural resources regulations. The creation of the District is consistent with this
goal.
Local Specialized Problem: None
Policy ~16(b)1. Promote state programs, investments, and development and
redevelopment activities, which encourage efficient development and occur in areas
which, will have the capacity to service new population and commerce.
Establishment of the District is consistent with this Policy. Chapter 190, F.S., establishes that a
District purpose is to provide necessary capital infrastructure to service projected growth without
overburdening other governments and taxpayers.
Local Specialized Problem: None
Policy 16(b)2. Develop a system of incentives
separation of urban and rural land uses while
development, and fish and wildlife habitats.
and disincentives, which encourage
protecting water supplies, resource
A District is a form of local government which, when established, is required by law to provide
service capacity in areas designated for urban services, and to provide such services in an
environmentally sensitive manner. The Establishment of the proposed District is consistent with
policy 16(b)2 the State Plan.
Local Specialized Problem: None
Policy 16(b)3. Enhance the livability and character of urban areas through the'
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Establishment of the District is consistent with this Policy. Through the creation of the 'District,
th~.,,.Tuscany Reserve corr~munity will be developed as a master planned residential community
with on-site recreational amenities designed to serve the residents of the District.
Subject and Goal 18 PUBLIC FACILITIES
(a) Goal - Florida shall protect the substantial investments in public facilities that already
exist arid shall plan and provide for and finance new facilities to serve residents in a
timely, orderly, and efficient manner.
Sub eot t8 and its related Goal a~d policies would be directly irrlplemented through the
establishmenl of the proposed E:-istrict througt~ the responsible provision of services and facilities
~.,vhen needed to those prope:ty owners .,.¥itrfin the District. 'Fhe establishment of the District will
he consisterd with this subject and go~l.
Local Specialized Problem' None
Policy 18(b)3.-AIIocate the costs of new public facilities on the basis of the benefits
received by the existing and future residents.
Facilities and services provided by the District are paid for through assessments and user fees
by those property owners who benefit from those facilities and services. In my planning opinion, 1
believe that the proposed District is consistent with, and will implement, policy 18(b)3.
Local Specialized Problem: None
Policy 18(b)4.- Create a partnership among state government, local governments, and the
private sector which would identify and build needed public facilities and allocated the
costs of such facilities among the partners in proportion to the benefits accruing to each
of them.
The state legislature determined that a District is a legitimate alternative method of paying for
and managing community development. A District must be consistent with the plans of the State
and local governments. Establishment of the District, consistent with this legislative intent, is
consistent with Policy 18(b)4.
Local Specialized Problem: None
Policy 18(b)5. Encourage local government financial self-sufficiency in providing public
facilities.
The proposed District, if established, would be a special-purpose local government, and would
be self-sufficient in the provision of infrastructure, services and facilities given that it would not
draw upon other County resources. The establishment of the proposed District would not be
inconsistent with this policy.
Local Specialized Problem: None
Poliby 18(b)6. Identify and implement innovative but fiscally sound and cost-effective
techniques for financing public facilities.
The special-purpose District will have limited powers to design, fund and construct services and
facilities necessary to accommodate the project's service demands. The proposed District is
consistent with this policy
Local Specialized Problen~ hh)rle
Policy '18(b)7. Encoura.q~:,~ th~.; development, use, and coordinatior~ of capital improvement
pl~',ns by' all levels of gover~m~ent.
The District is subject to the reporting provisions of Section 189.415, Florida Statutes, which in
paragraph (6) states, "For purposes of the preparation or revision of local government
comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be
used and relied upon by the local general purpose government or governments within which the
special district is located. This statutory provision is directed at fostering coordination between
special districts and general-purpose governments. The proposed District, if established, will
implement this policy, and is therefore consistent with the policy.
Local Specialized Problem: None
Subject and Goal 21 GOVERNMENTAL EFFICIENCY
(a) Goal - Florida governments shall economically and efficiently provide the amount and
quality of services required by the public.
Chapter 190.002 finds that an independent district can be a solution to the state's planning,
management, and financing needs by providing timely, efficient, effective and economic means
of service delivery. The proposed District will provide services in an economical and efficient
manner and is consistent with Goal 21.
Local Specialized Problem: None
Policy 21(b)1. Encourage greater cooperation between, among, and within all levels of
Florida government through the use of appropriate interlocal agreements and mutual
participation for mutual benefit.
Once the Community Development District is formed, it will function as a form of local
government and the Statute permits the District to enter into interlocal agreements with other'
local governments. The Collier County Growth Management Plan, Intergovernmental
Coordination Element and Public Facilities Element provide for the coordination and cooperation
of all governmental entities, including Community Development Districts. Because the Statute
requires consistency with the local government growth management plan, and the District must
cooperate with local governments, it is my opinion that. the proposed Tuscany Reserve
Cet-nmunity Development District, will be consistent with Policy 21 (b) 1 of the State
Comprehensive Plan.
Local Specialized Problem: None
Policy 21(b)2. Allow the creation of independent special taxing districts, which have
uniform general law sta~ldards and procedures and do not overburden other governments
and their taxpayers while preventing the proliferation of independent special taxing
districts, which do riot meet these standards.
'f'rfis policy dir'er;tly addre~;se,.~, why ~; Corr~munity .Development District is a beneficial method
fur~ding comrnur)ity devel%¢¢'.~er~l services. A Communi[y Development District provides the
infrastructure arid cormr~urdf~ ~':;~:r'~.,ices through the sale of various types of bor~ds, for which the
obligatior~ to repay the I:~o~d' ts borr~e b'V only those who directly ~eceive the ber~efits provided
the Community Development District. The general taxpayer has no obligation topay for services
within the District.
The Community Development District must be established according to the standards specified
in Florida Statutes and must be consistent with local government plans. The proliferation of
independent districts is restricted by the various factors required to establish a Community
Development District. The proposed Community Development District in my professional
planning opinion is consistent with Policy 21(b)2.
Local Specialized Problem: None
Policy 21(b)5. Eliminate needless duplication of, and promote cooperation in,
governmental activities between, among, and within state, regional, county, city, and
other governmental units.
As stated previously, a District is required under Florida Statutes to prepare reports and public
records with respect to its facilities and operations which are made available to owners within the
Community Development District, as well as prospective purchasers. These records are also
filed with the County as public records and may be utilized by the local government. This
cooperative requirement of sharing information as well as the requirement to be consistent with
the State and local government plans furthers the proposed Community Development District's
consistency with Policy 2t(b)5.
Local Specialized Problem: None
Policy 21(b)9. Encourage greater efficiency and economy at all levels of government
through adoption and implementation of effective records management, information
management, and evaluation procedures.
Florida Statutes, Chapter 190, requires that Community Development Districts perform extensive
record keeping and management, and they are subject to the Florida Sunshine Law. in my
professional planning opinion, these requirements of the Community Development District fulfill
the requirements of Policy 21(b)9, arid the establishme.nt of the District is consistent with this
policy.
LO'cai Specialized Problem: None.
Subject and Goal 26 PLAN IMPLEMENTATION
(a) Goal Systematic planning capabilities shall be integrated into all levels of
governrrmnt ill Florida with particular emphasis on improving intergovernmental
coordination and maximizing citizen involvement.
As discussed previously, a Comrnunity Development District has a statutory requirement to
report informatior~ concerning District operations. Further, because a District is a special purpose
goverr~rr'~errL ii must ;~dvertise its regularly ,~¢;hedulec:l meetir~gs, er'~surir~g the opporturdty 'for
p[Iblic ._':ommer~l 'I-tie [:~i',.)!:'~osed Districi. if established, ii'] my opiruorl, is consistent with arid would
turtl-ler thir::, ..ctoal
Local Specialized Problem: None
Policy 26(b)2. Ensure that every level of government has the appropriate operational
authority to implement the policy directives established in the plan.
The fact that a District established pursuant to Chapter 190, Florida Statutes, must not be
inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted
the defacto operational authority to implement policies of the Plan. The establishment of the
proposed District is consistent with Policy 26(b)2.
Local Specialized Problem: None
Policy 26(b)3. Establish effective monitoring, incentive, and enforcement capabilities to
see that the requirements established by regulatory programs are met.
A District is not exempted from any applicable local, regional or state growth management
regulatory programs, thus the establishment of the proposed Tuscany Reserve Community
Development District is not inconsistent with this policy.
Local Specialized Problem: None
Policy 26(b)8. Encourage the continual cooperation among communities, which have a
unique natural area, irrespective of political boundaries, to bring the private and public
sectors together for establishing an orderly, environmentally, and economically sound
plan for future needs and growth.
The District is required to operate openly (in the sunshine), encouraging public participation, and
as stated previously, reporting of the District's facilities and services status to the County
government provides a mechanism for cooperation between the general purpose and special
purpose goverr~mental entities. The establishment of the proposed District is consistent with this
policy
Local Specialized Problem: None
C~LLIER COUNTY LOCAL GOVERNMENT COMPREHENSIVE PLAN
The adopted Collier County Local Government Growth Management Plan is set forth in the
following Collier County Ordinances, as amended. This Plan is currently in force and effective in
Collier County.
Capital In'~pr'overnent Elernent
'f'rallsportatiorl Element
F'Ld:~tic Facilities ElerneRt B Ord. 97.58
Flousir'l~l Elemerfl.
F<~:crE~;~[ior~ arid C)t}er~ S~.~ace Elernerlt
'..'.;;o~r;,e~vatio~'~ and C(:~,.,;tal IVlar~agemerff Elemerd
F[~t,.l~(~ L.arr(l Llse Elen'~-.'-;nt
intergovernment~fi E:,'~ordina:ion Element
Ord. 2000-3'1
Ord. 2000L32
Ord 9'7-57, 2000-..27
Ord. 2000-27
Ord. 97-53
Ord. 2000-.27
Ord. 2001-'12
Ord. 2000-26
Under tile Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter '163, Part il, Florida Statutes, as amended, the Plan consists of various
elements, sub-elements and appendices. I reviewed each Plan element with respect to the
powers granted to a Community Development District under Section 190, Florida Statutes. As a
professional planner, I have reviewed the Plan in order to determine whether there is any
specific inconsistency between the proposed Community Development District Plan and the
Collier County Growth Management Plan.
I used a similar methodology to that utilized for the consistency review with the State Plan. All
goals, objectives, and policies of the Plan were reviewed; however those that were in my
professional opinion not related to the establishment the proposed District were disregarded.
Those goals, objectives and policies that are relevant to the creation of the proposed Community
Development District have been evaluated.
The establishment of the Community Development District to provide the governmental services
attendant to Tuscany Reserve complies fully with the goals, objectives and policies of the Collier
County Growth Management Plan.
CAPITAL IMPROVEMENT ELEMENT.
Objective 1.2: Provide public facilities in order to maintain adopted level of service standards that
are within the ability of the County to fund, or within the County's authority to require others to
provide. Existing facility deficiencies measured against the adopted level of service standards
will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues
received based on economic activity. Future development will bear a proportionate cost of facility
improvements necessitated by growth. Future development's payments may take the form of
impact fees, dedication of land, provision of public facilities, and future payments of user fees,
special assessments and taxes.
The Tuscany Reserve project will be independent of County-subsidized facilities and services
arid will pay its proportionate share of infrastructure costs through payment of impact fees,
property taxes and special assessments. The establishment of the proposed District is consistent
with this policy.
Local Specialized Problem: None
PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT
Policy 1.2.6: Where Community Developrnent Districts, or other similar special districts are
established Io provide a tool for developers to finance infrastructure or other purposes, wholly or
partially vvithir~ the Collier County VVater-Sewel District, water service shall be connected to the
regional system, and internal facilities shall be conveyed when acceptable to the Collier County
Water-Sewer District for ope:atior~ and owr'~ership in accordance with Collier County Ordinance
~8-76. tt~e Utilities Standard~ arid Procedures Ordinance, adopted September 27, 1988 or ils
latest levisi,,')r~. ~,rl¢! District cor~.,.:t"uctian arid oi:~erating policies.
Tuscany Reserve will provide and maintain potable water infrastructure to support the proposed
development within the District boundaries and will connect the system to Collier County
consistent with the Collier County Utilities Ordinance. The establishment of the proposed District
is consistent with this Policy.
Local Specialized Problem: None
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal 1, Objective 1.1, and Policy 1.1.1: Provide for the continual exchange of information
and the use of any intergovernmental coordination mechanisms to resolve differences and to
achieve compatible and coordinated plans.
Tuscany Reserve has coordinated with both public and private sector agencies in the delivery of
services, such as Collier County Utilities, independent fire control districts, Collier County
Department of Transportation, and Florida Power and Light to insure the services are
coordinated and non-duplicative. Tuscany Reserve Community Development District will
continue to coordinate plans with the various governmental agencies as it develops. The
establishment of the proposed District is consistent with this goal and associated .objective.
FUTURE LAND USE ELEMENT
Ob. jective 5 and Policy 5.1: In order to provide sound planning, ensure compatibility of land uses
and further the implementation of the Future Land Use Element. All rezonings must be consistent
with this Growth Management Plan.
Tuscany Reserve will be a residential master planned community, which will utilize the Planned
Unit Development zoning district alternative to establish the development program, and the
establishment of the Communi~, Development District to provide governmental and
infi'astructure services. The project site is located in an area designated as Urban Residential
Subdistrict on the County's Future Land Use Map. The intent of the Urban Residential Subdistrict
is scl forth previously in my Reporl. This proposed master planned projecl is consistenl ~vith this
objective and policy.
,~.
Local Specialized Problem: None
The establishment of the proposed Tuscany Reserve Community Development District, pursuant
to Chapter 190, Florida Statutes, is riot inconsistent with the goals objectives and policies of the
Collier County Growth Managemerd' F'lan
Based upon the a¢orementic,*~ed fir]dings, the creation and establishment of the proposed Disbict
,,votll(I l/or be incor~si:';tent with an? 9,.'~als, policies, sections or' portior~s of the Plarh e. ver~ if it were
tc.~ ~¢,:e~cise ar~y am:l ali of its 5tatu~(~ry powers. In fact, the propot~ed District wc:,t~ld fur'ther l:he
[>lal'l ~]enerally, as ~/~/~]1! as, rl'l[~rp/ o[ ttr: specific oomporlents
Further, the creation and establishment of the proposed District would not be inconsistent with
those parts of the Plan, which do not relate to the creation and establishment of a District.
Factor Three
3. Whether 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 proposed Tuscany Reserve Community Development District is of sufficient size and
sufficiently compact to be developed as a functional interrelated community. The project's size is
461.29+ acres. This land area is large enough in land area to allow for the efficient provision of
infrastructure systems, facilities and services. A project of this Size and scope is most
appropriately master planned to demonstrate how the various components of the overall project
relate both internally and externally.
The project is appropriately compact in size in that it will permit residential development and the
required infrastructure support to be extended throughout the proposed District boundaries as
one functional interrelated community.
The properties within the proposed Tuscany Reserve Community Development District are
contiguous, with the exception of those properties planned to be separated by internal access
roads and drives. This contiguous relationship will permit the District to function as a functional
interrelated community.
The term "functional interrelated community" is undefined in Chapter 190, F.S. In my
professional planning opinion, the term, "functional interrelated community" means that the
"community" or CDD area has common characteristics in the sense of permitted land uses for
example that can be master planned because of the land use relationships, as well as the
contiguity of the community and its overall size. The proposed District will utilize the planned unit
development concept to demonstrate the interrelatedness of the entire project, whereby not only
the internal and external land use relationships have been shown, but the basic infrastructure to
serve the entire community is master planned. This master planned community is consistent with
and furthers the larger community's ,goals as outlined in the discussion on the Collier County
GrOwth Management Plan.
Local Specialized Problem: None
Factor Four
4. Whethe~ the district is the best alternative available for delivering cornrnunity development
services arid facilities to [h.~. area that will be served by the district.
There are se~/eral alterr;ati~/6 ways to provide basic infrastructure and services to the lands
proposed to be., ser",/~(:ed by t!.~.¢ proposed Cornmunity Developmer~t District. Generally, there are
lhree c:on~mor~ rl-~e;tl-~c.,.,..h;- o't pr':,~/idir~g sel-vices to a co~nrnunity, whic;l'~ ir~clucle privately funded ar,d
n'~air~t~ir~ed se;trices, pt.d~licl,¢ ;:,~'ovided systems arid those '[hat COLIIcl be operated via a
special purpose Cornr~i~.lr~il:~ L'~e~¢elc:,pnnerlt District. Private provision of services ancl mairlterlar;ce
can be appropriate; however, with limitations, in that long-term funding must be assured to
support infrastructure for the life of the community, as is required through the issuance of bonds
to support a Community Development District. Another limitation is in the overall size and scope
of the community. Where privately funded improvements may be practical for properties that are
limited in the scope and buildout potential, projects having a scope and duration commensurate
with the proposed Community Development District require a long-term commitment for service
provision.
The provision of services by the public can have limitations, especially where the community is a
master planned and interrelated community that may desire services more appropriately directed
at its property owners. The responsibility of a local government is to provide the basic
infrastructure support for all communities within its Governmental boundary. A master planned
community that may wish to achieve a higher than basic standard will not be well suited to
provision of services through common general government funding alternatives.
T-he Community Development District option is a preferred alternative to the two former
mentioned funding sources (Private and General Public) in that the provision of services may be
commensurate with the desired level of service of the community, while resulting in no burden to
those properties outside the District. The Community Development District cannot overburden
the existing facilities because of the required concurrency management requirements found in
the Collier County Growth Management Plan, Land Development Code and Chapter 190, F .S.
Local Specialized Problem: None
Factor Five
5. Whether the community development services and facilities of the district will be incompatible
with the capacity and uses of existing local and regional community development services and
facilities.
Chapter 190, F.S. requires that all actions and implementation of any or all Community
Development District powers are governed by and must not be inconsistent with the Collier
County Growth Management Plan. One of the fundamen'tal requirements of Chapter 163, F.S. is
that local government comprehensive plans must identify capital facilities required to support
e~ected growth and that standards must be adopted to insure that minimum established levels
of Service for these facilities can be maintained.
This requirement insures that the impacts of development are created concurrent with the
available capacity of necessary capital infrastructure. Development may not occur unless there
are adequate public facilities available to support it.
These requirernents insure compliance with County land development regulations and adequate
public facility re¢tuirernerlts, Collier County has not identified any inadequate public facilities that
wilt affect tile proposed E)istrist. Conversely, no irdrastructure support problems are anticipated
as a result ol' the proposed District.
Local Specialized Proble. m: None
Factor Six
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Factor six deals with whether the area that will be serviced by the District is amenable to
separate special-district government.
As discussed in the prior factor analysis, the land area is of sufficient size, and is sufficiently
compact and sufficiently contiguous to be functional as an inter-related community. The project
area is also located in an area where other large-scale master planned communities have been
developed utilizing the community development district, in my opinion the land area for the
District is amenable to special district government because the land area proposed to be
established as a District has the need for the services that may be provided by the District. The
District would also benefit from the Provision of District services in that the services will be
tailored to the specific needs of the District while consistent with the goals, objectives and
policies of the local growth management plan.
Local Specialized Problem: None
Summary
Long term and sustained adequacy and efficiency of infrastructure are important, and I note that
among the three alternatives discussed, the proposed District would more closely and efficiently
manage services and facilities given that the District's sole responsibility is the community
development's infrastructure needs, both immediate and in the long term. Further, a District can
be more responsive to the property owners of the community development and other affected
parties, than can be provided by the alternatives, which either have a broader public
accountability, or more narrowed interests.
The proposed Tuscany Reserve Community Development District is the most appropriate means
of providing community development systems, services and facilities because it will be
functionally involved in the overall physical rnaster planning of the development, most equitably
distributes the cost and responsibilities to the users of the systems, services and facilities,
p,.r~vides for tong term maintenance, and provides a greater assurance that the residents served
by the Tuscarly Reserve Commumty Development will have a sustained level of service to meet
their quality of life; objectives.
Respectfully submitted,
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 copy of:
ORDINANCE NO. 2002-42
Which was adopted by the Board of County Commissioners on
the 30th day of July, 2002, durin9 Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of August, 2002.
Clerk of
EX-o f f ic i~.'i~',~_~d.
. - ~
County C~$.i.6~9~
By- Teri'~Mfch~els
Deputy',