Agenda 11/15/2016 Item #17C 17.0
11/15/2016
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 2002-09 to increase the acreage
of the Flow Way Community Development District(CDD),pursuant to Chapter 190.046 F.S.
OBJECTIVE: The Collier County Board of County Commissioners (Board) accepts the Resolution
consenting to the modification of the District boundaries by the Board of Supervisors of the Flow Way
pursuant to Chapter 190.046,Florida Statutes,to add 19.7±acres to the Flow Way CDD.
BACKGROUND: The "Mirasol" PUD was approved by the Board of County Commissioners on
April 24, 2001, by Ordinance 2001-20, approving seven hundred, ninety nine (799) residential units on
1,558± acres. The PUD was later repealed and replaced by Ordinance 2009-21, approved for 799
residential units on 1,543±acres.
On February 26, 2002, by Ordinance No. 2002-09, the Board established the Flow Way CDD, which
comprised of 799 residential units on 830± acres of the PUD's 1,543± acres, entirely within Collier
County, in an area generally located on the north side of Immokalee Road, west of Collier Boulevard
(C.R. 951).
Mirasol PUD was amended by the Board on November 13, 2012, by Ordinance 2012-41, to increase the
residential units from 799 residential units to 1,121 residential units, increasing the acreage by adding an
additional 95±acres of preserve.
Mirasol PUD was again amended by the Board on October 14, 2014, by Ordinance 2014-36, to increase
the acreage of the residential component by adding an additional 19.7± acres and changing the name of
the PUD to Esplanade Golf&Country Club RPUD.
CONSIDERATIONS: This is a ministerial request by the Board of Supervisors of the Flow Way CDD
to increase the boundaries of the District by an additional 19.7± acres being added to the Metes and
Bounds legal description of the District described in Exhibit "F" of the petition providing for a total of
849.40 acres,the residential component of the PUD.
The 95± acres previously added to the PUD is not included in the CDD district, as the acreage added is
strictly preserve lands with no development.
The residential component of the CDD lies within Sections 15 and 22,Township 48S, Range 26E and is
designated within the Urban Mixed Use District, Urban Residential Subdistrict. The added 19.7± acres is
within Section 22, Township 48S, Range 26E. The remainder of the CDD lies within Section 10,
Township 48S, Range 26E and is designated within the Rural Fringe Mixed Use District,Neutral Lands,
as depicted on the Future Land Use Map (FLUM). The remaining acreage consists of recreational areas,
a 36-hole golf course,clubhouse,swimming and fitness facility, and a network of trails and parks.
FISCAL IMPACT: By statute, the District is processing the petition. However the developer is
reimbursing the CDD 100% of all costs relating to the process to add the land to the District. There is no
fiscal impact on the taxpayers of Collier County.
GROWTH MANAGEMENT IMPACT: Although the establishment of this District does not constitute
any development approval, the plan of development previously approved for the subject property has
been determined to be consistent with the Collier County Growth Management Plan (GMP).
Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the
Packet Pg 1961
17.0
11/15/2016
time of submittal, and will be subject to the requirements and limitations specified in the Collier County
Land Development Code(LDC),and will be required to be consistent with the GMP in effect at that time.
LEGAL CONSIDERATION: The County Attorney reviewed the proposed Ordinance and approved it
as to form and legality. Majority support is required for approval. -JAK
RECOMMENDATION: To adopt the proposed Ordinance authorizing Flow Way CDD's Board of
Supervisors' request to increase the boundaries of the District pursuant to Chapter 190.046, Florida
Statutes.
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Section, Zoning Division,
Growth Management Department
ATTACHMENT(S)
1.Proposed Ordinance-JAK signed(002) (PDF)
2. [Linked]FlowWay_Petition_Complete (PDF)
3. Legal Ad-Flow Way CDD -ID 1968 (PDF)
4.FlowWay_Ad_Affidavit)36-1331006-1 (PDF)
Packet Pg. 1962
17.0
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.0
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 2002-09 to
increase the acreage of the Flow Way Community Development District (CDD) pursuant to Chapter
190.046 F.S.
Meeting Date: 11/15/2016
Prepared by:
Title: Planner, Senior—Zoning
Name: Marcia Kendall
10/11/2016 7:24 AM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
10/11/2016 7:24 AM
Approved By:
I
I Review:
Zoning Michael Bosi Additional Reviewer Completed 10/11/2016 11:23 AM
0
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 1:15 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 2:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2016 3:20 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/18/2016 8:00 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:06 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
I
Packet Pg. 1963
17.C.a
ORDINANCE NO.2016-
AN ORDINANCE AMENDING ORDINANCE NO. 2002-09, THE FLOW
WAY COMMUNITY DEVELOPMENT DISTRICT; AMENDING THE
DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES,
INCREASING THE DISTRICT FROM 829.74 ACRES TO 849.40 ACRES,
OR 19.66 ADDITIONAL ACRES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on February 26, 2002, the Board of County Commissioners (Board)
adopted Ordinance No. 2002-09 establishing the Flow Way Community Development District,
as a community development district within the meaning of Chapter 190, Florida Statutes; and U
WHEREAS, the original boundaries set forth in Ordinance No. 2002-09 established
boundaries resulting in 829.74 acres,more or less; and
WHEREAS, the Board of Supervisors of the Flow Way Community Development co
District(Petitioner), has petitioned the Board to annex an additional 19.66 acres as authorized by
Section 190.046(1), Florida Statutes,which would result in a total acreage of 849.40 acres; and
WHEREAS,the Board considered the Petition at a duly noticed public hearing.
WHEREAS,upon consideration of the Petition,the Board determined the following:
1. The statements made within the Petition are true and correct.
2. Amending the Ordinance is not inconsistent with any applicable element or
portion of the state and local comprehensive plan.
3. The land within the District continues to be of sufficient size, to be sufficiently d
compact,and to be sufficiently contiguous to be developable as a functionally interrelated
community. o
a
4. The Amendment will not expand the district greater than 50 percent of the land in
the initial district, and in no event greater than 1,000 acres on a cumulative net basis.
5. The District continues to be the best alternative available for delivering
community development services and facilities to the area serviced by the District.
6. The services and facilities of the District will continue to not be incompatible with
the capacity and uses of any existing local and regional community development services
and facilities.
[16-CPS-01594/1287982/1] 1
Packet Pg. 1964
17.C.a
7. The area to be served by the District remains amenable to separate special-district I
governance;and
WHEREAS, the Board finds that Petitioner has otherwise satisfied all requirements set
forth in Section 190.046, Florida Statutes, and recommends approval of the expansion powers
based on the contents of the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY c
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: a)
c
SECTION ONE: AMENDMENT OF ORDINANCE NO.2002-09. a
The original legal description of the District described in Exhibit A, is hereby superseded 0
0
and replaced by the legal description of the District described in Exhibit B, to reflect the
expansion of the District. 3
0
1
SECTION TWO: EXTERNAL BOUNDARIES OF THE DISTRICT.
0
The external boundaries of the District encompass 849.40 acres of land, more or less, as 00
described in Exhibit B. o
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SECTION THREE: CONFLICT AND SEVERABILITY. cn
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In the event this Ordinance conflicts with any other ordinance of Collier County or other
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applicable law,the more restrictive shall apply. If any phrase or portion o this Ordinance is held 0
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invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a c
separate, distinct and independent provision and such holding shall not affect the validity of the o
remaining portion. y
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SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. a`
E
The provisions of this Ordinance shall become and be made a part of the Code of Laws 0
and Ordinance of Collier County,Florida. The sections of the Ordinances may be renumbered or o
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relettered to accomplish such, and the word "ordinance"may be changed to "section," "article,"
or any other appropriate word.
1
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
fir►
[16-CPS-01594/1287982/11 2
Packet Pg. 1965
17.C.a
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
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EXHIBIT "A" 17.C.a
LEGAL DESCRIPTION OF NICEWONDER PROPERTY SOUTH
A PARCEL OF LAND LYING IN SECTIONS 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COWER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
Beginning at the South Quarter Corner of said Section 22; thence S.89'09'08"W., a distance of 990.31 feet; thence
N.0110'06"W., a distance of 1,332.41 feet; thence N.89'07'39"E., a distance of 328.98 feet; thence N.0112'59NW., c
distance of 1,332.56 feet; thence S.89'0610"W., a distance of 655.72 feet; thence N.01'06'47"W., a distance of
1,332.31 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.O0'59'00"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.2111'58"W., a radial distance of 359.00 feet; thence northeasterly along the arc, through a
central angle of 29'40'27", a distance of 185.93 feet to a point of reverse curve to the right having a radius of w
381.00 feet and a central angle of 18'46'56"; thence northeasterly along the arc, a distance of 124.90 feet to a aci
point of reverse curve to the left having a radius of 312.00 feet and a central angle of 2738'40"; thence
northeasterly along the arc, a distance of 150.54 feet to a point of reverse curve to the right having a radius of c
1,988.00 feet and a central angle of 03'33'22"; 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 35'06017"; thence northerly Q
along the arc, a distance of 252.43 feet to a point of reverse curve to the right having a radius of 188.00 feet an 0
a central angle of 24'47'52"; thence northerly along the arc, a distance of 81.37 feet; thence N.2310'48"E., a 0
distance of 139.54 feet to a point of curve to the right having a radius of 98.00 feet and a central angle of U
107'41'02"; 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 53'55'06"; 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 44'42'20"; thence easterly along the arc a•distance of 68.66 feet; thence S.5820'56"E., o distance
a
2.
of 38.87 feet to a point of curve to the left having a radius of 112.00 feet and a central angle of 71'41'55"; thenci ..
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 co
feet and a central angle of 28'55'44"; thence northeasterly along the arc, a distance of 113.60 feet to a point of rn
reverse curve to the left having a radius of 212.00 feet and a central angle of 2720'10"; 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
central angle of 58'26'43"; thence easterly along the arc, a distance of 38.76 feet to a point of reverse curve to o
the left having a radius of 212.00 feet and a central angle of 3215'37"; thence easterly along the arc, a distance e
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 easterly along the arc, a distance of 75.62 feet to a point of reverse curve to the left having a c
radius of 212.00 feet and a central angle of 46'44'53"; thence easterly along the arc, a distance of 172.97 feet toa)
a point of reverse curve to the right having a radius of 188.00 feet and a central angle of 28'19'29"; thence Y
easterly along the arc, a distance of 92.94 feet to a point of reverse curve to the left having a radius of 212.00 et
feet and a central angle of 30'42'52"; thence northeasterly along the arc, a distance of 113.65 feet; thence
N.51'38'22"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 a)
angle of 56'37'01"; thence easterly along the arc a distance of 185.77 feet; thence S.71'44'38"E., a distance of c
215.48 feet to a point of curve to the left having a radius of 312.00 feet and a central angle of 15'36'30"; thence f°
easterly along the arc a distance of 84.99 feet to a point of reverse curve to the right having a radius of 138.00 e
feet and a central angle of 30'18'09"; thence easterly along the arc, a distance of 72.99 feet to a point of reverse 0
curve to the left having a radius of 162.00 fest 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 1(1-13
)
of 3416'32"; thence easterly along the arc, a distance of 82.55 feet to a point of reverse curve to the left having o
a radius of 162.00 feet and a central angle of 32'18'53"; thence easterly along the arc, a distance of 91.37 feet; o
thence N.8612'12"E., a distance of 80.88 feet to a point of curve to the right having a radius of 138.00 feet L
(SEE SHEET 3 OF 3 FOR CONTINUATION)
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GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. * to
o
2. R.O.W. >: RIGHT-OF-WAY. NOT A SURVEY Q
11m■r
3. CURVE DIMENSIONS ARE AS FOLLOWS:
■■..■.■►AGNOLI
11111
"'T
A = DELTA, R = ARBER&
RADIUS, A = ARC, CH = CHORD, ■ ODB
AND CHB = CHORD BEARING Profcs 11rBRUNDAGE,INC.
Professional Engineers,Planners 8c Land Surveyors
A cal.C"'9.UNT.....Ana N.•Ngb,rL•HIO!-na0.11191.7111•r".y.111.410
4. BEARINGS ARE ASSUMED BASED ON THE SOUTH UNE OF THE ��"` `"'N atoos 3....1.,
L"""'"""1 " °"'"''111.Fa0..1,3 111)
Cvdfisu of Aulbriutiee Na,Li)<H and f))KI
SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, r J.D.NICEWONDER
BEING N 89'10'34" E. TITLE
METES AND BOUNDS DESCRIPTION
5. TOTAL AREA = 829.74 ACRES MORE OR LESS. FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22&15,T 48 S,R 26 E,
COLLIER COUNTY,FL.
DRAWN BY: POP ABS PROJECT No.: 78M
CHECKED BY: CPA ACAD FILE NA
DATE: 09/19/01 coca FILE Na Packet Pg. 1967
., SCALE:- 1• a 1000' SHEET
EXHIBIT 2
1 7.C.a
CURVE TABLE 1
CURVE RADIUS LENGTH DELTA TANGENT CHORD BEARING
Cl 359.00 185.93 29'4017' 95.10 14507749"E
C2 381.00 124.90 - 18.46'56- 83.01 $4811'03"W
C3 312.00 150.54 2738'40' 76.75 1,143'4511"E
C4 1988.00 123.39 3•33'22" 61.71 53112'32"w
C5 412.00 252.43 , 35'06'17" 130.32 N15'58'05'E
06 108.00 81.37 24'4752", 41.33 310'46'52'w
•
C7 98.00 184.19 10741'02 134.11 5770119'W
C8 212.00 199.50 5335'06' 107.83 378'05.43"E
C9 88.00 88.68 , 44.42'20' 36.19 N80'42'06"W
C10 112.00 140.15 71'41'55' 80.92 N85'48'08'E
CI 1 225.00 113.60 25'55'44' 58.04 $54.25'01.1Y
C12 212.00 101.15 2770'10' 51.55 N6512'471
C13 38.00 38.78 58'26'43" 21.26 580'46'04"W
C14 212.00 119.37 3215'37" 61.31 588'08'24"E
C15 188.00 75.62 23'02'51' 38.33 S8915'1319 4
C16 212.00 172.97 4844'53' 91.63 N7774'12'E '
C17 188.00 92.94 251929, 47.44 56811'29"W aa)
C18 212.00 113.85 30'42'52", 58.22 N6659'48'E E
C19 188.00 185.77 5637'(1' 101.26
57936'52"w 'a
C20 312.00 84.99 15'34_10' 42.76 579'32'53"E _
0)
C21 138.00 72.99 r 301r9P', 37.37 N7212'03'W E
C22 18200 109.44 3842'28"_ 58.90 57674'13'E Q
023 138.00 82.55 3418'32' 4255 N781711"Vi Cl
C24 162.00 91.37 3211833', 48.93 577'38'22'E 1n
C25 138.00 224.07 93'01'48', 145.50 114710'55"W 0
C26 312.00 330.36 8444'03" 182.57 $31'06'04'E >,
C27 112.00 57.89 2930'43' 29.50 57611'27ECIS
028 308.00 38.3.12 711611' 220.79 N5515'431W
C29 900.00 484.40 393,3 5Z' 248.11 110413'39"W
C30 112.00 134.34 54329' 78.58 52318'25"E O
C.31 512.00 333.98 47T219" 173.18 576.31'24"E V'
C32 488.00 155.66 181J'3r, 78.50 N6604'22"W
C33 512.00 297.82 3319'39" 153.25 N58'24'05'E co
C34 488.00 178.15 , 9D 54'59" 90.08 58011'45'Wen
C35 212.00 94.41 , 2530'5¢", 48.00 N77'53'47'E v
C36 588.00 217.08 _ 21-09'09 109.79 S75'42'53'W
C.37 103.00 54.98 ._ 30'35'07" 28.16 _ W0-59'54'EN
(CONTINUED FROM SHEET 2 OF 3) o
and a central angle of 93'01'46"; thence southeasterly along the arc a distance of 224.07 feet to a point of revers c
curve to the left having a radius of 312.00 feet and a central angle of 60'40'03"; thence southeasterly along the a)
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 easterly along the arc, a distance of 57.69 feet to a point of reverse curve to `s
the right having a radius of 308.00 feet and a central angle of 7116'11'; thence southeasterly along the arc, a
distance of 383.12 feet to a point of compound curve to the right having a radius of 908.00 feet.and a central
angle of 30'33'57"; thence southerly along the arc, a distance of 484.39 feet to a point of reverse curve to the lef 23
having a radius of 112.00 feet and a central angle of 68'43'29"; thence southeasterly along the arc, a distance of c%
134.34 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 c
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 'a
reverse curve to the right having a radius of 488.00 feet and a central angle of 1816'33"; thence easterly along the 0
arc, a distance of 155.66 feet to a point of reverse curve to the left having a radius of 512.00 feet and a central z3
angle of 3319'39"; thence easterly along the arc, a distance of 297.82 feet to a point of reverse curve to the right vii
having a radius of 488.00 feet and a central angle of 20'54'59"; thence easterly along the arc, a distance of 178.15 a
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 2
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 0-
feet and a central angle of 21'09'09"; thence easterly along the arc, a distance of 217.08 feet to a point of reverse t;
curve to the left having a radius of 103.00 feet and a central angle of 30'35'07"; thence easterly along the arc, a as
distance of 54.98 feet; thence N.55'42'20"E., a distance of 160.49 feet; thence S.01'43'53-E., a distance of 738.04 E
feet; thence S.01'41'44"E., a distance of 2,676.29 feet; thence S.01'42'40"E., a distance of 1,334.41 feet; thence u
5.89'04'26"W., a distance of 1,306.80 feet; thence S.01'30'39"E., a distance of 2,667.44 feet; thence S.89'08'23"W., r.
a distance of 164.50 feet; thence S.01'29'06"E., a distance of 1,333.63 feet; thence S.8910'34"W., a distance of "Z
1,155.54 feet to the POINT OF BEGINNING.
VIII.VIII.
AGNOLI
Containing 829.74 acres, more or less; II:!WBARBER&
subject to easements and restrictions of record. ■■ ■
■■■■i■ RUNDAGE,INC.
* * Profesnonat Engineers,Planners 6t Land Surveyors
No 7 A SURAE I1c...., NOD Trrer....7*Mrw�a.JUA.K,p.UM-0111•I..MUff4u
1.••c...., 1lSS rit.......MMM.a GI Il.,H{11nJ1,1-:M�1),+11
Caa6q,..,A.Jart„io"N.,.V 344•4 ad GI 3661
FOR: J.D.NICEWONDER
AGNOU, BARB :RUNDAGE, INC. MU:
Professional 24! _ s, Planners & Land Surveyors METES AND BOUNDS DESCRIPTION
FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22&15,T 48 S,R 26 E
COLLIER COUNTY,FL _
BYL DRAWN 8Y: ROP -ABB PROJECT Na: 7W
CHECKED BY: CPA ACAD FILE NAME W4AMB01,c-
Guy P. Ad• s, P.S.M. # 4390 DASCAL �osi,s/01 COCD FAE Na:. 7888.3.CGO
E.
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000' ,SHEET
Packet Pg. 1968
EX1-tttst1 t
EXHIBIT "B" 17.C.a
RHODES --RHODES LAND SUR VEYl VG, INO
28109BONITA GRANDEDRIVF BDI111107
BONITA SPREMA FL 31136
PHONE(PM 4Do 811 FAX(999)4058103
LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING IN
SECTIONS 10, I1. 15 AND 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,SAID PARCEL ALSO BEING A PORTION OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,AS RECORDED IN PLAT BOOK 53 PAGES 1 THROUGH 64 c
(INCLUSIVE)AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 22,TOWNSHIP 48 c
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,SAID POINT ALSO BEING ON THE SOUTHERLY E
BOUNDARY OF SAID ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES AS RECORDED IN PLAT BOOK 53 Q
PAGES 1 THROUGH 64(INCLUSIVE);THENCE ALONG THE SOUTHERLY BOUNDARY OF THE PLAT OF SAID 0
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,NORTH 89`58'48"WEST,A DISTANCE OF 990.32 FEET; U
THENCE NORTH 00°17'41"WEST,A DISTANCE OF 1332.48 FEET;THENCE NORTH 8959'45"EAST,A DISTANCE m
OF 328.98 FEET;THENCE NORTH 00°20'27"WEST,A DISTANCE OF 1332.63 FEET TO AN INTERSECTION WITH
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST; 3
o
THENCE ALONG SAID SOUTH FRACTION LINE,SOUTH 89°58'17"WEST,A DISTANCE OF 655.76 FEET;THENCE
NORTH 00°l4'37"WEST,A DISTANCE OF 1332.01 FEET;THENCE ALONG SAID FRACTION LINE,SOUTH
89°57'09" WEST,A DISTANCE 653.40 FEET;THENCE NORTH 00°09'00"WEST,A DISTANCE OF 1332.05 FEET TO co
AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 22;THENCE ALONG THE NORTH LINE OF SAID a)
1 SECTION 22,SOUTH 89°54'39"WEST,A DISTANCE OF 651.08 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 22,SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 15,TOWNSHIP 48 SOUTH, c
RANGE 26 EAST AND ALSO BEING THE WESTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND o
} CCOUNTRY CLUB OF NAPLES;THENCE ALONG THE WEST LINE OF SAID SECTION 15 AND THE WESTERLY 'a
BOUNDARY OF SAID ESPLANADE PLAT THE FOLLOWING TWO COURSES,COURSE ONE:NORTH 00°07'09" as
WEST,A DISTANCE OF 2,663.01 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID •N
SECTION 15;COURSE TWO:THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID Y
SECTION 15,NORTH 00°07'13"WEST,A DISTANCE OF 988.29 FEET TO A POINT ON A NON-TANGENTIAL CURVE, `t
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF TRACT"P6"OF SAID PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPI RS;THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT"P6"THE
FOLLOWING 45 COURSES;COURSE ONE:NORTHEASTERLY, 185.62 FEET ALONG THE ARC OF A CIRCULAR ca
CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 359.00 FEET,THROUGH A CENTRAL ANGLE OF c
29°37'31"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 54°28'20"EAST, 183.56 FEE1 TO A POINT O
OF REVERSE CURVATURE;COURSE TWO:THENCE NORTHEASTERLY, 124.90 FEET ALONG THE ARC OF A •a
CIRCULAR CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 381.001-EE I',THROUGH A CENTRAL N
ANGLE OF 18°46'59"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 49°03'05"EAST, 12434 FEET TO a
A POINT OF REVERSE CURVATURE;COURSE THREE:THENCE NORTHEASTERLY. 150.54 FEET ALONG THE ARC o
OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 312.00 FEET,THROUGH A n-
CENTRAL ANGLE OF 27°38'40"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44°37'14"EAST, c
149.081-1:.1 TO A POINT OF REVERSE CURVATURE;COURSE FOUR:THENCE NORTHEASTERLY, 12339 FEET
ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 1,988.00 FEET, .c
a. THROUGH A CENTRAL ANGLE OF 03°33'22"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
32°34'35"EAST, 123.37 FEET TO A POINT OF REVERSE CURVATURE;COURSE FIVE:THENCE NORTHERLY,252.43 Q
cis
FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 412.00 FEET,
THROUGH A CENTRAL ANGLE OF 35°06'17"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
16°48'08"EAST,248.50 FEET TO A POINT OF REVERSE CURVATURE;COURSE SIX:THENCE NORTHERLY,81.37
FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE EASTERLY,HAVING A RADIUS OF 188.00 FEET,
THROUGH A CENTRAL ANGLE OF 24°4752"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
11°38'55"EAST,80.73 FEET;COURSE SEVEN:THENCE NORTH 24°02'48"EAST,A DISTANCE OF 139.54 FEET TO A
POINT OF CURVATURE;COURSE EIGHT:THENCE EASTERLY, 184.18 FEET ALONG THE ARC OF A CIRCULAR
CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 98.00 FEET,THROUGH A CENTRAL ANGLE OF
A 107°41'02"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 77°53'19"EAST, 158.25 FEET TO A POINT
OF REVERSE CURVATURE;COURSE NINE:THENCE EASTERLY, 199.50 FEET ALONG THE ARC OF A CIRCULAR
Z:IMIRASOL(Esplanade)1Esplanade plat\2016-658 FLOW WAY CDD ESPLANADE DESC PAGES I THROUGH 4 OF 6,docx
1 016
Packet Pg. 1969
17.C.a
RHODES RHODES LAND SURVEYING; INO
B6100 BONITA GRANDEDRIYF SUITE 107
BONITA SPRINO$1L 34135
PHONE( )415.8166 FAX((3%)/16.8163
CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 212.00 FEET,THROUGH A CENTRAL ANGLE OF
53°55'06"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°13'43"EAST, 192.22 FEET;COURSE
TEN:THENCE NORTH 77°48'44"EAST,A DISTANCE OF 98.12 FEET TO A POINT OF CURVATURE;COURSE
ELEVEN:THENCE EASTERLY,68.66 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHERLY,
HAVING A RADIUS OF 88.00 FEET,THROUGH A CENTRAL ANGLE OF 44°42'20"AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 79°50'06"EAST,66.93 FEET;COURSE TWELVE:THENCE SOUTH 57°28'56"EAST,A
DISTANCE OF 38.87 FEET TO A POINT OF CURVATURE;COURSE THIRTEEN:THENCE EASTERLY, 140.15 FEET
ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 112.00 Ek.ET, ami
THROUGH A CENTRAL ANGLE OF 71°41'55"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
86°40'07"EAST, 131.19 FEET TO A POINT OF REVERSE CURVATURE;COURSE FOURTEEN:THENCE
NORTHEASTERLY, 113.60 FEEL ALONG THE ARC OFA CIRCULAR CURVE,CONCAVE SOUTHEASTERLY, a)
HAVING A RADIUS OF 225.00 FEET,THROUGH A CENTRAL ANGLE OF 28°55'44"AND BEING SUBTENDED BY A 'd
CHORD THAT BEARS NORTH 65'17'01"EAST, 112.40 FEET TO A POINT OF REVERSE CURVATURE;COURSE
FIFTEEN:THENCE NORTHEASTERLY, 101.15 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE U
NORTHWESTERLY,HAVING A RADIUS OF 212.00 FEET,THROUGH A CENTRAL ANGLE OF 27°20'10"AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 66°04'48"EAST, 100.19 FEET TO A POINT OF REVERSE
CURVATURE;COURSE SIXTEEN:THENCE EASTERLY,38.76 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY,HAVING A RADIUS OF 38.00 FEET,THROUGH A CENTRAL ANGLE OF 58°26'43"AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81°38'05"EAST,37.10 FEET TO A POINT OF REVERSE
CURVATURE;COURSE SEVENTEEN:THENCE EASTERLY, 119.37 FEET ALONG THE ARC OF A CIRCULAR m
CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 212.00 FEET,THROUGH A CENTRAL ANGLE OF
32°15'37"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85'16'22"EAST, 117.80 FEET TO A POINT
OF REVERSE CURVATURE;COURSE EIGHTEEN:THENCE EASTERLY,75.62 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 188.00 FEET,THROUGH A CENTRAL ANGLE
OF 23°02'5I"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 89°52'45"EAST,75.12 FEE 1 TO A POINT a
OF REVERSE CURVATURE;COURSE NINETEEN:THENCE EASTERLY, 172.97 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 212.00 FEET,THROUGH A CENTRAL ANGLE
OF 46°44'53"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78°16'14"EAST, 168.21 FEET TO A
POINT OF REVERSE CURVATURE;COURSE TWENTY:THENCE EASTERLY,92.94 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 188.00 FEET,THROUGH A CENTRAL ANGLE
OF 28°19'29"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 69°03'32"EAST,92.00 FEET TO A v
POINT OF REVERSE CURVATURE;COURSE TWENTY-ONE:THENCE EASTERLY, 113.65 FEET ALONG THE ARC
OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 212.00 FEET.THROUGH A
CENTRAL ANGLE OF 30°42'52"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 67°51'50"EAST,
112.29 FEET;COURSE TWENTY-TWO:THENCE NORTH 52'30'22"EAST,A DISTANCE OF 75.67 FEET TO A POINT
OF CURVATURE;COURSE TWENTY-THREE:THENCE EASTERLY, 185.77 FEET ALONG THE ARC OF A CIRCULAR
CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 188.00 FEET,THROUGH A CENTRAL ANGLE OF Q.
56°37'01"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 80°48'53"EAST, 178.31 FEE 1;COURSE o
TWENTY-FOUR:THENCE SOUTH 70°52'38"EAST,A DISTANCE OF 215.48 FEET TO A POINT OF CURVATURE; ti
COURSE TWENTY-FIVE:THENCE EASTERLY,84.99 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE
NORTHERLY,HAVING A RADIUS OF 312.00 FEET,THROUGH A CENTRAL ANGLE OF 15°36'30"AND BEING w
SUBTENDED BY A CHORD THAT BEARS SOUTH 78°40'53"EAST,84.73 FEET TO A POINT OF REVERSE
CURVATURE;COURSE TWENTY-SIX:THENCE EASTERLY,72.99 FEET ALONG THE ARC OF A CIRCULAR
CURVE,CONCAVE SOUTHERLY,HAVIM A RADIUS OF 138.00 FEET,THROUGH A CENTRAL ANGLE OF
30°18'09"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 71°20'03"EAST,72.14 FEET TO A POINT OF
REVERSE CURVATURE;COURSE TWENTY-SEVEN:THENCE EASTERLY, 109.44 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 162.00 FEET,THROUGH A CENTRAL ANGLE
OF 38°42'28"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°32'13"EAST, 107.37 FEET TO A
POINT OF REVERSE CURVATURE;COURSE TWENTY-EIGHT:THENCE EASTERLY,82.55 FEET ALONG THE ARC
OF A CIRCULAR CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 138.00 FEET,THROUGH A CENTRAL
ANGLE OF 34°16'32"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 77'45'11"EAST,81.33 FEET TO
A POINT OF REVERSE CURVATURE;COURSE TWENTY-NINE:THENCE EASTERLY,91.37 FEET ALONG THE ARC
OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 162.00 FEET,THROUGH A CENTRAL
Z:IMIRASOL(EsplanadO.Esplanade plat12016-658 FLOW WAY CDD ESPLANADE DESC PAGES 1 THROUGH 4 OF 6.docr
2 of 6
Packet Pg. 1970
17.C.a
RHODES&RHODES LAND SURVEYING; INC
£8100BONITA.GRANDE DRIVA SUITE 107
BONITA SPRI Ag FL 91135
PHONE(239)10&8188 PAX(P39)405-8183
ANGLE OF 32°I8'53"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 76'46'21"EAST,90.16 FEET;
COURSE THIRTY:THENCE NORTH 87°04'12"EAST,A DISTANCE OF 80.88 FEET TO A POINT OF CURVATURE;
COURSE THIRTY-ONE:THENCE SOUTHEASTERLY,224.07 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 138.00 FEET,THROUGH A CENTRAL ANGLE OF 93°01'46"
AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 46°24'55"EAST,200.25 Fhb 1 TO A POINT OF
REVERSE CURVATURE;COURSE THIRTY-TWO:THENCE SOUTHEASTERLY,330.36 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 312.00 FEET,THROUGH A CENTRAL
ANGLE OF 60°40'03"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30°14'03"EAST,315.141-r.E1 TO ami
A POINT OF COMPOUND CURVATURE;COURSE THIRTY-THREE:THENCE EASTERLY,57.69 FEET ALONG THE E
ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 112.00 FEET,THROUGH A m
CENTRAL ANGLE OF 29°30'43"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°19'26"EAST, E
57.05 FEET TO A POINT OF REVERSE CURVATURE;COURSE THIRTY-FOUR:THENCE SOUTHEASTERLY,383.12 Q
FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 308.00 0
FEET,THROUGH A CENTRAL ANGLE OF 71`16'I I"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH U
54°26'42"EAST,358.89 FEET TO A POINT OF COMPOUND CURVATURE;COURSE THIRTY-FIVE:THENCE >a
SOUTHERLY,484.39 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS
OF 908.00 FEET,THROUGH A CENTRAL ANGLE OF 30°33'57"AND BEING SUBTENDED BY A CHORD THAT
BEARS SOUTH 03°31'38"EAST,478.67 FEET TO A POINT OF REVERSE CURVATURE;COURSE THIRTY-SIX: t-°°
THENCE SOUTHEASTERLY, 134.34 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE
NORTHEASTERLY,HAVING A RADIUS OF 112.00 FEET,THROUGH A CENTRAL ANGLE OF 68°43'29"AND BEING oo
SUBTENDED BY A CHORD THAT BEARS SOUTH 22°36'24"EAST, 126.43 FEET;COURSE THIRTY-SEVEN:THENCE T'
SOUTH 56°58'09"EAST,A DISTANCE OF 74.98 FEET TO A POINT OF CURVATURE;COURSE THIRTY-EIGHT: `r
I THENCE EASTERLY,333.98 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A c
RADIUS OF 512.00 FEET,THROUGH A CENTRAL ANGLE OF 37'22'29"AND BEING SUBTENDED BY A CHORD o
: 0THAT BEARS SOUTH 75°39'23"EAST,328.09 FEET TO A POINT OF REVERSE CURVATURE;COURSE THIRTY- 'a
NINE:THENCE EASTERLY, 155.66 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHERLY, a)
HAVING A RADIUS OF 488.00 FEET,THROUGH A CENTRAL ANGLE OF 18°16133"AND BEING SUBTENDED BY A 'tn.-
CHORD
NCHORD THAT BEARS SOUTH 85°12'21"EAST, 155.00 FEET TO A POINT OF REVERSE CURVATURE;COURSE Y
FORTY:THENCE EASTERLY,297.82 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY, Q
HAVING A RADIUS OF 512.00 FEET,THROUGH A CENTRAL ANGLE OF 33'19'39"AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 87°16'06"EAST,293.64 FEET TO A POINT OF REVERSE CURVATURE;COURSE ci
FORTY-ONE:THENCE EASTERLY, 178.15 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE m
SOUTHERLY,HAVING A RADIUS OF 488.00 FEET,THROUGH A CENTRAL ANGLE OF 20°54'59"AND BEING c
SUBTENDED BY A CHORD THAT BEARS NORTH 81°03'46"EAST, 177.16 FEET TO A POINT OF REVERSE O
CURVATURE;COURSE FORTY-TWO:THENCE EASTERLY,94.41 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY,HAVING A RADIUS OF 212.00 FEET,THROUGH A CENTRAL ANGLE OF 25°30'56"AND at
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78"45'47"EAST,93.63 FEET TO A POINT OF REVERSE a. j
CURVATURE;COURSE FORTY-THREE:THENCE EASTERLY,217.08 FEET ALONG THE ARC OF A CIRCULAR 2
CURVE,CONCAVE SOUTHERLY,HAVING A RADIUS OF 588.00 FEET,THROUGH A CENTRAL ANGLE OF n-
21°09'09"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 76°34'54"EAST,215.85 FEET TO A POINT
OF REVERSE CURVATURE;COURSE FORTY-FOUR:THENCE EASTERLY,54.98 FEET ALONG THE ARC OF A
CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 103.00 FEET,THROUGH A CENTRAL ANGLE
OF 30°35'07"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 71°51'55"EAST,54.33 FEET;COURSE R
FORTY-FIVE:THENCE NORTH 56"34'20"EAST,A DISTANCE OF 160.60 FEET TO THE SOUTHEAST CORNER OF Q
SAID TRACT"P6"AND AN INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES;THENCE ALONG SAID EASTERLY BOUNDARY OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES THE FOLLOWING SIX COURSES;COURSE ONE:THENCE SOUTH 00°5I'44"
EAST,A DISTANCE OF 738.10 FEET;COURSE TWO:SOUTH 00°49'56"EAST,A DISTANCE OF 2,676.38 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE NORTHEAST CORNER OF SECTION 22;COURSE
THREE:SOUTH 00°50'55"EAST,A DISTANCE OF 1,334.40 FEET;COURSE FOUR THENCE SOUTH 89°56'33"WEST,
A DISTANCE OF 1,306.71 FEE;COURSE FIVE:THENCE SOUTH 00°38'40"EAST,A DISTANCE OF 1,333.68 FEET TO
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
22;COURSE.SIX:THENCE CONTINUE ALONG SAID FRACTION LINE,SOUTH 00°3W11"EAST,A DISTANCE OF
Z:\MIRASOL(Esplanade)1Esplanadc plat12016-658 FLOW WAY CDD ESPLANADE DESC PAGES I THROUGH 4 OF 6.docx
3of6
Packet Pg. 1971
17 C.a
RHODES irt-1lECODES LztIVI3 SUttVEYINGING1
28100BOMI'A GRANDEDRIVF-y SUITE 107 •
BONITA SPRI GEi FL 34135
PHONE(PM)405.8166 FAX(339)405.8165
3052 FEET;THENCE NORTH 89'59'08"EAST,A DISTANCE OF 655.79 FEET;THENCE SOUTH 00°44'05"EAST,A
DISTANCE OF 1,303.59 FEET;THENCE NORTH 89°59'29"WEST,A DISTANCE OF 658.03 FEET TO AN
INTERSECTION WITH SAID EASTERLY BOUNDARY OF THE PLAT OF ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES;THENCE CONTINUE ALONG THE BOUNDARY OF SAID PLAT THE FOLLOWING THREE COURSES:
COURSE ONE:NORTH 89°59'29"WEST,A DISTANCE OF 164.50 I• 1;COURSE TWO:THENCE SOUTH 00°38'1 I"
EAST,A DISTANCE OF 1,333.71 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22;THENCE ALONG SAID SOUTH LINE,NORTH ,F,
89°57'17"WEST,A DISTANCE OF 1,156.14 FEET TO THE POINT OF BEGINNING. aci
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PROFESSIONAL SURVEYOR&MAPPER R
STATE OF FLORIDA
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•= SOUTH LINE OF THE SOUTHWEST ABBREVIATIONS BY, `�
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DR =BUFFER EASEMENT FLOW WAY CDD - ESPLANADE
FLORIDA STATE PLANE COORDINATE' pit o OFFICIAL RECORD BOOK SKETCH CL1
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NORTH AMERICAN DATUM OF 1983 PAGES
1990 ADJUSTMENT(NAD83/90). rdote: \
RHODES A RHODES SEPTEMBER 2,2018 YYR
2. SU8IECT 10 EASEMENTS, LAND SURVEYING. INC. scale: 1•= 1000' V16w'
RESERVATIONS ANO RESTRICTIONS OF LICENSE#L9 6397 SKETCH
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3. ALL DIMENSIONS ARE IN FEET 28100 BONITA GRANDE DRIVE SUITE W7 ♦I 2012-Os
AND DECIMALS THEREOF, UNLESS
07HERyKSE�� - BONITA SPRINGS, FL 34135 sheet x:
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C3 312.00' 27'38'40" 150.54' 149.08' N4437'14 E U
C4 1988 00' 3'33'22" 123.39' 123.37' N3234 35 E 10
C5 412.00' 35 06'17" 252.43' 248.50' Nib'48'08"E
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C13 38.00' 5826'43" 38.76 37.10' N813805 E
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C19 188.00' 56'37'01" 185.77' 1 78.31' N80 48 53"E
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C21 138.00' 30'18'09" 72.99' 72.14' 57120'03"
C22 16200' 38'42'28" 109.44' 107.37' 57532'13 E"
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C28 308.00' 71'16'11" 383.12' 358.89' 55476'42"E
C29 908.00' 303357" 484.39' 478.67' 50.3:31;58"E m
C30 112.00' 68'43'29" 134.34' 126.43' 522:36'24"E O
C31 512 00' 37'22'29" 333.98' 328.09' S75 39 23 E
C32 466.00' 18'1633" 155.66' 155.00' 58572'21"E 2
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C34 486.00' 20'54'59" 178.15' 17716' N81•03'46"
C35 21200' 2,5'30'55" 94.41' 93 63' N78'45'47 E
C36 588.00' 2109'09" 217.08' 21585' N76 34'54"E E
C37 103.00' 30'35 07" 54.98' 54.33' N715155 4E
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SKETCH AND DESCRIPTION
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RE: PROPOSED AMENDMENT TO COUNTY
ORDINANCE NO. 2002-09 PURSUANT TO
SECTION 190.046, FLORIDA STATUTES
TO MODIFY THE BOUNDARIES OF
FLOW WAY COMMUNITY DEVELOPMENT
DISTRICT THROUGH EXPANSION
/
PETITION TO AMEND COLLIER COUNTY ORDINANCE NO. 2002-09
TO MODIFY THE EXTERNAL BOUNDARIES OF FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT THROUGH EXPANSION
The BOARD OF SUPERVISORS of the FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT (“District”), by and through its undersigned attorney, petitions the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (“County”),
to adopt an amendment to County Ordinance No. 2002-09 (the ordinance establishing the
District) to amend the total land area to be serviced by the District, and to amend the external
boundaries of the District pursuant to Section 190.046, Florida Statues.
In support thereof, the District submits:
1. Organizational Information. Flow Way Community Development District is a
uniform community development district created pursuant to Chapter 190, Florida Statutes and
established by County Ordinance No. 2002-09. Its District Office is located at 2041 NE 6
Terrace, Wilton Manors, Florida 33305 and the Chairman of the Board of Supervisors is David
Truxton. Its District Manager is James P. Ward of JPWard and Associates, LLC.
2. Establishment. By County Ordinance No. 2002-09, dated February 26, 2002
(attached hereto and incorporated herein as Exhibit “A”), the District was established on the
property described in the Ordinance and is in legal existence and good standing.
3. Authority for Petition. On August 9, 2016, the Board of Supervisors of the
District (“Board of Supervisors”) adopted District Resolution 2016-11 to authorize and require
the District Manager and District Counsel to petition the Board of County Commissioners of
Collier County for a modification of the District’s boundaries through expansion. A copy of
Resolution 2016-11 is attached hereto and incorporated herein as Exhibit “B.”
4. Expansion Land. The land to be added to the total area that is presently serviced
by the District (“Expansion Land”) is located in an unincorporated area of Collier County and is
contiguous to the now-existing external boundaries of the District. A sketch and legal
description of the Expansion Land is attached as Exhibit “C”. A map showing the location of the
Expansion Land is attached as Exhibit “D.”
5. Boundaries Before and After. A metes and bounds legal description of the
existing external boundaries of the District is attached as Exhibit “E”. A metes and bounds legal
description of the boundaries of the District as modified through expansion is attached as Exhibit
“F”. Both legal descriptions are provided in accordance with Section 190.046(l)(a), Florida
Statutes. There is no real property to be included within the boundaries of the District as
expanded which is to be excluded from the jurisdiction of the District as expanded.
6. Consent. Attached as Exhibit “G” is the written consent to the expansion of the
District by the owner of one hundred percent (100%) of the real property herein sought to be
included in the expanded land area serviced by the District in accordance with Section
190.046(1)(g), Florida Statutes. The filing of this Petition by the Board of Supervisors
constitutes the consent of all landowners residing within the current boundaries of the District as
per Section 190.046(1)(g), Florida Statutes. Attached as Exhibit “G-1” is the most recent deed of
record for the land to be added.
7. Extent of Expansion. Further, in compliance with Section 190.046(1)(e), Florida
Statutes, the amendment of the external boundaries of the District as herein petitioned does not
comprise (singularly and cumulatively) more than 50% of the District’s initial service area and
will not result in amendments encompassing more than 1,000 acres total.
8. Prepared Timetable. The proposed timetable for construction of any District
systems, facilities and services in the Expansion Land, the estimated costs of their construction
and related matters are set forth herein as Exhibit “H.”
9. Future Land Uses. The designations of future general distribution, location, and
extent of the public and private land uses proposed for the amended District by the future land
use plan elements of the local Comprehensive Plan are shown on Exhibit “I”.
10. Statement of Estimated Regulatory Costs. The District submits the attached
Statement of Estimated Regulatory Costs (“SERC”) for the District which contemplates the
granting by the County of this Petition to Amend the District’s Boundaries as required by
Section 190.046(l)(a) and Section 190.005(1)(a)8., Florida Statutes, which SERC is attached
hereto as Exhibit “J”.
11. Engineer Review. The District submits that certain Engineering Review for
Expansion of the Flow Way Community Development District prepared by Waldrop
Engineering, Inc., a copy of which is attached as Exhibit “K”, which provides an analysis of the
statutory factors to be reviewed in connection with approving this Petition.
12. Filing Fee. Prior to the filing of this Petition, the District submitted a copy of this
Petition, together with the required fee of $1,500 to Collier County.
13. The County Should Grant this Petition. This Petition should be granted for the
following reasons:
a. Amendment of the District’s boundaries and all land uses and services
planned within the District as amended are not inconsistent with applicable elements or portions
of the adopted State Comprehensive Plan or the effective local Comprehensive Plan.
b. The area of land within the amended District is part of a planned
community. The District as amended will continue to be of sufficient size and sufficiently
compact and contiguous to be developed as one functional and interrelated community.
c. Existence of the amended District will prevent the general body of
taxpayers in the County from bearing the burden for installation of the infrastructure and the
maintenance of certain facilities within the development encompasses by the amended District.
The District is the best alternative for delivering community development services and facilities
to the lands within the amended District without imposing an additional burden on the general
population of the local general-purpose government. The proposed amendment of the District
will allow for a more efficient use of resources.
d. The community development services and facilities of the District as
amended will not be incompatible with the capacity and use of existing local and regional
community development services and facilities.
e. The area to be served by the District as amended is amenable to separate
special-district government.
WHEREFORE, the District respectfully requests the County to do the following:
A. Direct its staff to notice, as soon as practicable, a local, public, non-emergency
ordinance hearing in accordance with Section 190.046(1)(b) and Chapter 125, Florida Statutes,
on the subject of whether to grant this Petition to amend County Ordinance No. 2002-09 to
modify the external boundaries of the Flow Way Community Development District through both
expansion and contraction.
B. Grant this Petition and adopt the amendment to Ordinance No. 2002-09 to modify
the boundaries of the Flow Way Community Development District pursuant to Section
190.046(1)(b), Florida Statutes.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
FLOW WAY CDD BOUNDARYDILILLO PARCELIMMOKALEE ROAD(C.R. 846)BROKEN BACK ROAD (FUTURE C.R. 951 EXTENSION)COLLIER BOULEVARD(C.R. 951)DILILLO PROPERTYBOUNDARY412561112131415161718837910PS1071
1284 1154114111401221103310291046103410271028103010322971037103110351025104110501052105410381042103610481039104310471051104410401053105510561059105810601061106210631065106410671069106610682
3
2 10702292272282302312342
3
3
235238237236247239242240241243246248244102624510571209250295
117
8
1180249251113311961186119211891
1
7
5293
11872
94
117929611901
1
7
7 10491185118111821173117
4
1191120412482981188120811831176124712141249125211841202120711951193121211981203121711971206120012191199125312501201120512801259121512611254122012111291121312101216125112
6
3
12561255126012181
2
6
7
12781262125812921279128912651
2
6
4
1286 12681295
129012821283
1269
12811
2
6
6
1270
128812871296
1285
1293
1294
1297119412981012125711321130113111291127112811261125112311241122112111191120111711181116
1
1
1
5
1114111311121111111011091108110711061105110211041103110011011277109910981096109712761275127412731272
1271101810171022100
7
101110051008
101910061
0
1
6 10241015102110
1
3
1020102310031299101413001002101010011045130110001009100413021303130413051306130713081309
1310 8 (M)5 (M)4 (M)3 (M)2 (M)1 (M)6 (M)7 (M)115011491156114311521148114211461151114711451144115511531246118
124
119116115113110111109
108
105
106
3627
122
136100
19
130
951011912 14161315 20172322182126282430253129353234333740393842444143464752454950485162536665616463605659
68
5857 5570
715472
69 74737675817778798082848386858788928990919394969799
98
102
101
107
103
104
112 117114
127
120
128
126
123
125
129
121
132
139131
133
137134140144
145135 138143
141
142
BLDG 7BLDG 5BLDG 6BLDG 4BLDG 1BLDG 2BLDG 3BLDG #4BLDG #12BLDG 11BLDG #9BLDG #8BLDG #7BLDG #3BLDG 10BLDG #5BLDG #6BLDG #1BLDG #2ENGINEERINGPREPARED FOR:CIVIL ENGINEERING & LANDDEVELOPMENT CONSULTANTSUPDATED:FILE NAME:B:\Projects\276-11 (Esplanade Naples) CDD\AutoCAD\276-11-E10 Proposed CDD Expansion Map\Current Plans\27611E1001.dwg9/1/2016 11:42:13 AM
FLORIDA CERTIFICATE OF AUTHORIZATION #86361103 MARBELLA PLAZA DRIVETAMPA, FL 33619P: 813-443-8282 F: 813-443-8285EMAIL: info@waldropengineering.comPROPOSED CDDEXPANSION LANDLOCATION MAPBOARD OFSUPERVISORS FLOWWAY CDDNORTHWALDROPN.T.S.27611E10019/1/2016
Category Cost Construction
Schedule
Surface Water Management 2,271,538$ 2016-2019
Potable Water 132,601$ 2016-2019
Sanitary Sewer 214,809$ 2016-2019
Irrigation 47,442$ 2016-2019
Environmental & Mitigation 590,250$ 2016-2019
Professional Fees 472,480$ N/A
Contingencies 745,824$ N/A
Total 4,474,944$
Year 2016 2017 2018 2019
Infrastructure Costs 447,494.40$ 3,356,208.00$ 447,494.40$ 223,747.20$
Construction Cost Estimate & Schedule
Flow Way CDD 2017 Expansion
Estimates Construction Costs
I 75IMMOKALEE RDLIVINGSTON RD NGOLDEN GATE BLVD WVANDERBILT BEACH RDI 75FUTURE LAND USE MAPFLOW WAY CDD28100 Bonita Grande Dr., Suite 305Bonita Springs, Florida 34135P: (239) 405-7777F: (239) 405-7899www.waldropengineering.com±6,000 03,000 FeetLegendProperty BoundaryCurrent Flow Way CDD BoundaryAdditional AreaCollier County Major RoadsFuture Land UseLand Use TypeAgricultural / Rural Mixed Use DistrictB uckley Mixed Use SubdistrictConservation DesignationCommercial DistrictEstates DesignationGoodlette / Pine Ridge SubdistrictHenderson Creek Mixed Use SubdistrictIndustrial DistrictIncorporated AreasMixed Use Acitvity Center SubdistrictOrange Blossom Mixed use SubdistrictRural Fringe NeutralRural Fringe Receiving LandsRural Fringe Sending LandsRural Industrial DistrictRural Settlement Area DistrictUrban Coastal Fringe SubdistrictUrban Residential DistrictUrban Residentail Fringe Transition ZoneVanderbilt Beach / Collier Blvd. Commercial Subdistrict
JP Ward and Associates LLC
FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS PETITION TO EXPAND THE BOUNDARIES OF THE DISTRICT Prepared by:
8/23/2016
JPWard & Associates LLC
James P. Ward, Chief Operating Officer
JPWard & Associates
JimWard@JPWardAssociates.com
2041 N.E. 6TH TERRACE
WILTON MANORS, FL33305
954.658.4900
JP Ward and Associates LLC
Table of Contents
SECTION 1
INTRODUCTION
1.1 PURPOSE AND SCOPE 1
1.2 OVERVIEW OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT 1
SECTION 2
STATEMENT OF ESTIMATED REGULATORY COSTS
2.1 REQUIREMENTS FOR A STATEMENT OF REGULATORY COSTS 2-3
SECTION 3
ANALYSIS OF REQUIRED ELEMENTS OF THE STATEMENT OF ESTIMATED REGULATORY COSTS
3.1 – 3.14 QUESTIONS AND RESPONSES 3-13
1
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1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs (“SERC”) supports the petition to expand the
boundaries of the Flow Way Community Development District by 19.7 acres. (“District”). The
District currently includes 829.74 acres of land located within 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 concerning permitting or planning of the development is not
material or relevant (emphasis added).”
1.2 Overview of the Flow Way Community Development and the District
The expansion of the District will comprise a proposed land area of approximately 19.7 acres
within the unincorporated Collier County, Florida. The District as originally established, and with
this small expansion area, is designed to provide infrastructure, services, and facilities along with
certain ongoing operations and maintenance to the Esplanade of Naples development (the
“Development” or “Esplanade”) and the expansion area will comprise approximately 110
residential units.
A Community Development District (“CDD,“) is an independent unit of special purpose local
government created and chartered by Chapter 190, Florida Statutes, to plan, finance, construct,
operate and maintain community-wide infrastructure in large, planned community
developments. It may be established on the proposed property by ordinance which has
previously been completed, and this SERC is related only to the expansion are enumerated in
the petition. CDD’s provide a “solution to the state’s planning, management and financing needs
for delivery of capital infrastructure to service projected growth without overburdening other
governments and their taxpayers.” Section 190.002 (1) (a) F.S.
A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in
which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by
general purpose governments. A Community Development District is an alternative means of
financing, constructing, operating, and maintaining community infrastructure for planned
developments, such as Esplanade. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to expand the boundaries of the District.
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2.0 Statement of Estimated Regulatory Costs
2.1 Requirements for a Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (2015), defines the elements a statement of estimated
regulatory costs must contain the following elements:
a) Is likely to have an adverse impact on business competitiveness, including the ability of
persons doing business in the state to compete with persons doing business in other
states or domestic markets, productivity, or innovation in excess of $1 million in the
aggregate within 5 years after the implementation of the rule.
b) Is likely to increase regulatory costs, including any transactional costs, in excess of $1
million in the aggregate within 5 years after the implementation of the rule.
c) A good faith estimate of the number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals
likely to be affected by the rule.
d) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state or local revenues.
e) A good faith estimate of the transactional costs likely to be incurred by individuals and
entities, including local government entities, required to comply with the requirements
of the rule. As used in this section, “transactional costs” are direct costs that are readily
ascertainable based upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs incurred,
the cost of monitoring and reporting, and any other costs necessary to comply with the
rule.
f) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis
of the impact on small counties and small cities as defined in s. 120.52. The impact
analysis for small businesses must include the basis for the agency’s decision not to
implement alternatives that would reduce adverse impacts on small businesses.
g) Any additional information that the agency determines may be useful.
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h) In the statement or revised statement, whichever applies, a description of any
regulatory alternatives submitted under paragraph (1)(a) of Chapter 120.541 and a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
The references to the “rule” in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an “ordinance” under secton190.005 (2) (a),
F.S. as amended.
3.0 Analysis of Required Elements of the Statement of Estimated Regulatory Costs
3.1 Questions:
3.1.1 Is likely to have an adverse impact on business competitiveness,
including the ability of persons doing business in the state to compete
with persons doing business in other states or domestic markets,
productivity, or innovation in excess of $1 million in the aggregate
within 5 years after the implementation of the rule.
3.1.2 Is likely to increase regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.1.3 A good faith estimate of the number of individuals and entities likely to
be required to comply with the rule, together with a general description
of the types of individuals likely to be affected by the rule.
3.2 Responses:
3.2.1 The ordinance expanding the boundaries of the District will not have
any adverse impact (direct or indirect) on economic growth, private
sector job creation or employment, private sector investments, business
competitiveness, ability of persons doing business in the State to
compete with persons doing business in other states or domestic
markets, productivity, or innovation.
Any increases in regulatory costs, principally dealing with transactional
costs as a result of imposition of special assessments by the District will
be the direct result of facilities and services provided by the District to
the landowners within the District, and it should be noted that property
ownership in the District is voluntary and all costs associated with the
District are required to be disclosed to prospective purchasers prior to
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sale, these costs are self-imposed and offset by the benefits derived
from the services provided by the District.
Next, the sole reason for the expansion of the District is to provide
public facilities and services to support the continued development of
the existing Esplanade of Naples Community. The additional land to be
added to the District will continue to promote local economic activity,
create local value, lead to local private sector investment and is likely, at
least in the short term, to support local private sector employment
and/or lead to local new job creation.
The expansion of the District will allow it to plan, fund, implement,
operate and maintain, for the benefit of the landowners within the
District, various public facilities and services necessary for the continued
development of the Esplanade of Naples Community. Such facilities and
services, will allow for the development of the land within the District
for private use. The provision of District's infrastructure and the
subsequent development of the private land will generate private
economic activity, private economic growth, private investment and
employment, and job creation. The District will use proceeds of
indebtedness to fund construction of public infrastructure, which
will be constructed by private firms, and once constructed, will use
private firms to operate and maintain such infrastructure/provide
services to the landowners and residents of the District. While
similar economic growth, private sector job creation or employment,
or private sector investment could be achieved in absence of the
expansion of the District by the private sector alone, the fact that the
expanstion of the District was requested of the existing District by the
private developer means that the private developer considers the
expansion and continued operation of the District as beneficial to the
process of land development and the future economic activity taking
place within the District, which in turn will lead directly or indirectly
to the economic growth, likely private sector job and/or support
private sector employment, and private sector investments.
When assessing the question of whether the expansion of the District
is likely to directly or indirectly have an adverse impact on business
competitiveness, including the ability of persons doing business in the
state to compete with persons doing business in other states or
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domestic markets, productivity, or innovation, one has to compare
these factors in the presence and in the absence of the District in the
development. When the question is phrased in this manner, it can be
surmised that the expansion of the District is likely to not have a direct
or indirect adverse impact on business competitiveness, productivity,
or innovation versus that same development without the expansion of
the District. Similarly to a purely private solution, District contracts
will be bid competitively so as to achieve the lowest cost/best value for
any particular infrastructure or services desired by the landowners
under a "lowest responsive/responsible bid" method, which will insure
that contractors wishing to bid for such contracts will have to
demonstrate to the District the most optimal mix of cost,
productivity and innovation. Additionally, the expansion of the District
for the development is not likely to cause the award of the contracts to
favor non-local providers any more than if there was expansion of the
District. The District in its purchasing decisions will not vary from the
same principles of cost, productivity and innovation that guide private
enterprise.
3.3 Question:
3.3.1 Likelihood on an increase in regulatory costs, including any transactional
costs, in excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.4 Response:
3.4.1 The expansion of the District will not increase any regulatory costs of
the State or the County since this is a small expansion of an existing
District in Collier County. The existing District will pay a one-time filing
fee to the County to offset any expenses that the County may incur in
the processing of this petition. Similarly, the expansion of the District
will not require the annual Special District Filing Fee, which fee is meant
to offset any State costs related to its oversight of all special districts
in the State, and since no additional filings will be required other then to
amend the boundaries of the District with the State, there are no
additional costs related to oversight.
The establishment of the District will, however, directly increase
regulatory costs to the new landowners within the expansion area of
District. Such increases in regulatory costs, principally the
anticipated increases in transactional costs as a result of likely
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imposition of special assessments and use fees by the District will be
the direct result of facilities and services provided by the District to
the new landowners within the expansion area of the District.
However, as property ownership in the District is completely
voluntary, all current property owners must consent to the
establishment of the District and the likelihood of additional
transaction costs, and all initial prospective buyers must have such
additional transaction costs disclosed to them prior to sale, as
required by State law, such increases should be considered voluntary,
self-imposed, and as a tradeoff for the services and facilities
provided by the District. As to the anticipated amount of the
transactional costs in the aggregate within 5 years, they are anticipated
to not exceed approximately $4,500,000.00 as more fully described in
the Engineer’s Report for the annexed area.
3.5 Question:
3.5.1 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinance.
3.6 Response:
3.6.1 The expansion of the Flow Way Community Development District
serves land that comprises 19.7 acres of a District that is 829.75 acres in
size and in the master planned residential development of the
Esplanade of Naples, currently planned to be made up of an estimated
110 residential dwelling units. The property owners in the District will
be individuals and that may operate industrial, manufacturing and
other retail and non-retail related businesses outside the boundaries of
the District.
3.7 Question:
3.7.1 A good faith estimate of the cost to the agency, and to any other state
and local government entities, of implementing and enforcing the
proposed rule, and any anticipated effect on state or local revenues.
3.8 Response:
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3.8.1 There is no state agency promulgating any rule relating to this project
that is anticipated to effect state or local revenues. In this regard it is
important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the
State of Florida, the County, or any other unit of local government. In
accordance with State law, debts of the District are strictly its own
responsibility
3.9 Question:
3.9.1 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local government entities, required to
comply with the requirements of the rule. As used in this section,
“transactional costs” are direct costs that are readily ascertainable
based upon standard business practices, and include filing fees, the cost
of obtaining a license, the cost of equipment required to be installed or
used or procedures required to be employed in complying with the rule,
additional operating costs incurred, the cost of monitoring and
reporting, and any other costs necessary to comply with the rule.
3.10 Response:
3.10.1 Individuals and Entities:
Table 1 provides an outline of the various facilities and services the
District may provide. Flow Way Community Development District
Proposed Facilities and Services
Program Funded by Operation &
Maintemance
Ownership
Sanitary Sewer CDD County County
Water Mains CDD County County
StormWater
Management
CDD CDD/HOA CDD
Environmental CDD CDD/HOA CDD
The petitioner has estimated the design and development costs for
providing the capital facilities as outlined in Table 1. The cost estimates
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are shown in Table 2 below. Total design and development costs for
these facilities are estimated to be approximately $4,500,000.00 The
District may levy non-ad valorem special assessment (by a variety of
names) and may issue revenue and other bonds to fund the
management of these facilities. These bonds would be repaid through
non-ad valorem special assessments (by a variety of names) levied on all
properties in the District that receive special and peculiar benefit from
the District’s capital improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to
pay non-ad valorem special assessments levied by the District to provide
for facilities or operations and maintenance and secure any debt
incurred through bond issuance. In addition to the levy of non-ad
valorem special assessments which may be used for debt service, the
District may also levy a non-ad valorem assessment to fund the
operations and maintenance of the District and its facilities and services.
However, locating in the District by new residents is completely
voluntary and levy of such assessments, as well as the prospect of such
assessments, are noticed and disclosed fully. So, ultimately, all owners
and users of the affected property choose to accept the non-ad valorem
assessments as a tradeoff for the services and facilities that the District
will provide. In addition, state law requires all assessments levied by the
District to be disclosed by the seller to all prospective purchasers of
property within the District.
A Community Development District “CDD” provides the property
owners with an alternative mechanism of providing public services;
however, special assessments and other impositions levied by the
District (and collected by law) represent the transactional costs incurred
by landowners as a result of the establishment of the District. Such
transactional costs should be considered in terms of costs likely to be
incurred under alternative public and private mechanisms of service
provision, such as other independent Special Districts, County or its
Dependent Districts or county management but financing with
municipal service benefit units and municipal service taxing units which
are not Districts, or private entities, all of which can be grouped into
three major categories: public district, public other, and private.
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With regards to costs of public district mechanism of public services
delivery to the developments within the proposed area, Dependent and
other Independent Special Districts can be used to manage the
provision of infrastructure and services, however, they are limited in the
types of services they can provide, and likely it would be necessary to
employ more than one district to provide all services needed by the
development. Transaction costs resulting from the employment of more
than one district would likely be higher than those resulting from a
single entity such as a CDD.
Other public entities, such as municipalities and counties, also are
capable of providing services, however, their costs in connection with
the new services and infrastructure required by the new development,
transaction costs, would be borne by all taxpayers, unduly burdening
existing taxpayers and would also be inconsistent with the State’s policy
of “growth paying for growth”.
Lastly, services and improvements could be provided by private entities.
However, their interests are primarily short-term profits and there is no
public accountability. The marginal benefits of tax-exempt financing
utilizing CDDs would cause the CDD to utilize its lower transactional
costs to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that
occupants of the lands to be included within the District will receive
three major classes of benefits.
First, those residents in the District will receive a higher level of public
services which in most instances will be sustained over longer periods of
time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services
will be completed concurrently with development of lands within the
Development. This satisfies the revised growth management legislation,
and it assures that growth pays for itself without undue burden on
other consumers. Establishment of the District will ensure that these
landowners pay for the provision of facilities, services and
improvements to these lands.
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Table 2. Cost Estimate for District Facilities
Cost Category Amount
Professional and Permitting Fees $ 472,480.00
Environmental Mitigation $ 590,250.00
Surface Water Management $2,271,538.00
Utilities (Water, Wastewater, Irrigation) $ 394,853.00
Contingencies $ 745,824.00
Total: $4,474,944.00
Third, a CDD is the sole form of local governance which is specifically
established to provide District landowners with planning, construction,
implementation and short and long-term maintenance of community
infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not
the total cost for the District to provide infrastructure services and
facilities. Instead, it is the incremental costs above, if applicable, what
the landowners would have paid to install infrastructure via an
alternative financing mechanism. Given the low cost of capital for a CDD
due to tax-exempt financing, landowners within the District can usually
expect the marginal benefits of finance savings directed toward higher
quality of infrastructure than landowners in similar developments not
located within CDDs.
State Governmental Agencies:
There will be only a modest cost to the Department of Economic
Opportunity and any other State governmental entity to implement the
requirement to amend the boundaries of the District for the small
expansion of the District. The District as proposed is within
unincorporated Collier County.
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Local Government: (Collier County)
The proposed land for the District is in the Collier County, Florida and
consists of approximately 19.7 acres. The County and its staff may
process, analyze, conduct a public hearing, and vote upon the petition
to amend the boundaries of the District. These activities will absorb
some resources. The costs to review the record of the local hearing, the
transcript of the hearing, and the ordinance adopted by the local
general-purpose government will be offset by the filing fee required
under 190.005 (1), F.S.
These costs to the County are modest for a number of reasons. First,
according to Chapter 190, F.S., review of the petition to establish the
District does not include analysis of any community developments
within the boundaries of the District. Second, the petition itself provides
much of the information needed for a staff review. Third, local
governments already possess the staff needed to conduct the review
without the need for new staff. Fourth, there is no capital required to
review the petition. Fifth, the potential costs are offset by the required
filing fee. Finally, general purpose local governments routinely process
petitions for land uses and zoning changes that are far more complex
than is the petition to establish a community development district.
The annual costs to the County, do not change since this is simply an
amendment to the boundaries of an existing District.
3.11 Question:
3.11.1 An analysis of the impact on small businesses as defined by s. 288.703,
and an analysis of the impact on small counties and small cities as
defined in s. 120.52. The impact analysis for small businesses must
include the basis for the agency’s decision not to implement alternatives
that would reduce adverse impacts on small businesses.
3.12 Response:
3.12.1 There will be no impact on small businesses because of the expansion of
the District. If anything, the impact may be positive. Collier County has
an estimated population that is greater than 75,000; therefore the
County is not defined as a "small " County according to Section
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12 | Page
120.52 (19), F.S, and there will accordingly be no impact on Collier
County because of the expansion of the boundary of the District.
3.13 Question:
3.13.1 Any additional information that the agency determines may be useful.
3.13.2 In the statement or revised statement, whichever applies, a description
of any regulatory alternatives submitted under paragraph (1)(a) of
Chapter 120.541 and a statement adopting the alternative or a
statement of the reasons for rejecting the alternative in favor of the
proposed rule.
3.14 Response:
3.14.1 The analysis provided above is based on a straightforward
application of economic theory, especially as it relates to tracking
the incidence of regulatory costs and benefits. Inputs were received
from the Petitioner's Engineer and other professionals associated with
the Petitioner.
Finally, it is useful to reflect upon the question of whether the
proposed expansion of the District is the best alternative to provide
community facilities and services to the project. As an alternative to
the District, the County could approve a dependent special district for
the area, such as an MSBU or a special taxing district. Either of these
alternatives could finance the improvements contemplated in Table 2 in
a fashion similar to the District.
There are a number of reasons why a dependent district is not the best
alternative for providing community facilities and services to the
Esplanade of Naples Community. First, unlike the District, the
alternatives would require the County to administer the project and its
facilities and services. As a result, the costs for these services and
facilities would not be attributed to the land directly benefiting from
them, as the case would be with the District. Administering a project
of the size and complexity of the development program
anticipated for the additional lands to be included in the District is a
significant and expensive undertaking.
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Second, a District is preferable from a government accountability
perspective. With a District, residents and landowners in the District
would have a focused unit of government ultimately under their direct
control. The District can then be more responsive to resident needs
without disrupting other County responsibilities. By contrast, if the
County were to establish dependent districts, then the residents and
landowners of the added lands to the existing District would take their
grievances and desires to County.
Third, any debt of a District is strictly the District's responsibility. While
it may be technically true that the debt of a County-established,
dependent special district is not strictly the County’s responsibility, any
financial problems that the special district may have will inevitably
entangle the County. This will not be the case if the land is simply added
to the existing District.
Another alternative to the District would be for a home owners'
association to provide the infrastructure, operations and maintenance
of community facilities and services. A District is superior to a HOA for
a variety of reasons. First, unlike a HOA, a District can obtain low cost
funds from the municipal capital markets. Second, the District can
impose and collect its assessments along with other property taxes.
Therefore, the District is far more assured of obtaining its needed funds
than is a HOA. Third, the proposed District is a unit of local
government. This provides a higher level of oversight and
accountability.
17.C.c
1
_...,.
‘,....... NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
NOTICE IS HEREBY GIVEN,pursuant to Section 190.046 and Section 125.66,Florida Statutes,that
the Collier County Board of County Commissioners will hold a Public Hearing on November 15,2016 at
9:00 am.(or as soon thereafter as may be heard)in the Board of County Commissioners Chambers,Third
Floor,Collier County Government Center,3299 Tamiami Trail,Naples.Florida.to consider the following
ordinance based upon a petition (-Petition") filed by Flow Way Community Development District
("District")to amend the District's boundaries:
ORDINANCE NO.2016-
AN ORDINANCE AMENDING ORDINANCE NO. 2002-09,THE FLOW WAY
COMMUNITY DEVELOPMENT DISTRICT;AMENDING 1HE DISTRICT BY -.7-7-
EXPANDING THE EXTERNAL BOUNDARIES,INCREASING THE DISTRICT a)
FROM 829.74 ACRES TO 849.40 ACRES, OR 19.66 ADDITIONAL ACRES; E
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PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR c
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INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING E
FOR AN EFFECTIVE DATE. cx
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The District is located generally on the north side of Immokalee Road,west of Collier Boulevard(C.R. co CD
951). The land proposed for addition into the District's boundaries is depicted on the attached map.
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All interested persons and affected units of general-purpose government shall be given an opportunity to D
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appear at the hearing and present oral or written comments on the Petition. A copy of the proposed DJ
Ordinance, the Petition and other documentation relating to the Petition, including the statement of ‘. o
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estimated regulatory costs in accordance with the requirements of Section 120.541,Florida Statutes, is g L.T..
available for review at the Office of the County Clerk,Collier County,3299 Tamiami Trail East,Suite 401, o
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Naples,FL and at the County Comprehensive Planning Section,2800 N.Horseshoe Drive.Naples,FL. Lll co
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En accordance with Section 286.0105.Florida Statutes,if any person decides to appeal any decision made NJ co
0 by the Collier County Board of County Commissioners with respect to any matter considered at such
meeting or hearing,that person will need a record of the proceedings,and,for such purpose,that person
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may need to assure that a verbatim record of the proceedings is made,which record would include any cs)
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testimony or evidence upon which the appeal is to be based. -a —
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If you area person with a disability who needs any accommodation in order to participate in this proceeding, r7 cl
you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County rit C.)
Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- 0
5356,(239)2524380.at least two(2)days prior to the meeting.Assisted listening devises for the bearing Z cc
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impaired are available in the Board of County Commissioners Office.
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BOARD OF COUNTY COMMISSIONERS I
COLLIER COUNTY,FLORIDA l .
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DONNA FIALA,CHAIR
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Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee a)
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Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that E
he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- Q
ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published o
in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published o
at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published U
in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as g
second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre-
ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid
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nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. u-
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FLOW WAY COMMUNITY DEV. DISTR. 1331006 NOTICE OF INTENT
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