Ordinance 2006-24
,,'l-34~56 78910
/ ""
~ - ~
/? - JU~ '2.006 ~
ll91m~m j ORDINANCE 2006- ?4
~~~ ~~\J'AN ORDINANCE OF THE BOARD OF COUNTY
C"~c?'E:Z~?;~'t()l,fO COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING PARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING
THE INITIAL MEMBERS OF THE DISTRICT'S BOARD
OF SUPERVISORS; NAMING THE DISTRICT;
PROVIDING STATUTORY PROVISIONS GOVERNING
THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
r- ~
, ,
,
"""'"."1',
0,
! ~,
'- r
1'..:,_
, -.
-. ~ ~
Recitals
WHEREAS, Parklands Development Limited Partnership, a Delaware limited
partnership, has petitioned the Board of County Commissioners (Board) of Collier County,
Florida, a political subdivision of the State of Florida, to establish the PARKLANDS COLLIER
COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, after proper published notice, has 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) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes:
1. All statements contained within the petition are true and correct.
2. 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.
3. 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.
4. The District is the best alternative available for delivering community development
services and facilities to the area that will be serviced by the District.
5. 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, Petitioner has committed to the Board that the Petitioner, its successors and
assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes in the District, and (2) record a Notice of
Assessments containing the specific terms and conditions of any special assessments imposed to
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shall hereinafter be collectively referred to as "Petitioner's
Commitments"); and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
Page 1 of 4
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, 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. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
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 TWO: ESTABLISHMENT OF THE PARKLANDS
COMMUNITY DEVELOPMENT DISTRICT.
COLLIER
The Parklands Collier 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 THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Karen Welks
401 Pheasant Court
Marco Island, Florida 34145
4.
J ames Reinders
5180 Old Gallows Way
Naples, Florida 34105
2.
Kathy Miller
124 Tahita Street
Naples, Florida 34113
5.
Ken Bloom
1517 Ivy Gate Lane
Naples, Florida 34105
3. Pat Vavrek
20741 Rivers Ford Road
Estero, Florida 33928
Page 2 of 4
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Parklands Collier Community Development District."
SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Parklands Collier Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local law .
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Parklands Collier Community
Development District will be duly and legally authorized to exist and exercise all of its general
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its general powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
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.
Page 3 of 4
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 shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ,;?3 day of rv\(l.~ ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
~~Oi'<d.'6C
Must uto .'ChafNM' reputy Clerk
S 1 '!" ... ,'~ C,t1~ ~ "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ...?> -2$ .......-
FRANK HALAS, CHAIRMAN
Page 4 of 4
Tf',is C,~di:'1'-:nce {I,:d with thr:
S2::retory {)t St,]te/:; ()fLc"3 !'he
site ~oy of _~,'Z..J;tOJt,
~::nc~ (]cknr).w;~3:__:~.j,::.r;')f-r:'~ c{ t:"ct
f:iin'" "'e,I"'>" '....is ~~{'.,'J
~''-.., ,,' c..;;).__.. ""',
of .---~~., ._~. ~ fir ......l '
~.~.:y<
EXHIBIT A
LEGAL DESCRIPTION
FTL:1704921:1
Exhibit A-I
I .
'-
mank.s iEnainrerina. .Jnt.
Professional Enlllneers. Planners & Land Surveyors
6640 Willow Park Drl"" - Suite B
Napla. Florida 34109
(239) :l97-2061
Fax (239) 597-3082
A DESCR.IPTION OF A P ARCa OF LAND
LYING IN
SECTION 9. TOWNSHIP 48 SOUTH, RANGE 21> EAST
COLLER COUNTY, FLORIDA
(PARKLANDS COLLIER C.D.D.)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, L VING IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND BEING
FURlllER DESCRIBED AS FOLLOWS,
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COllIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING S DESCRIBED PARCELS:
I) THE SOUTH 30.00 FEET OF THE WEST HALF (W y, ) OF SAlD SEcrJON 9,
2) THE SOUTH 30.00 FEET OF THE SOUTHEAST QUARTER (Sf y,) OF THE
SOUTHEAST QUARTEA (SE Yo) OF SAID SECTION 9.
3) THE SOUTH 30.00 FEET OF THE EAST HALF IE y,) OF THE SOUTHWEST QUAUTER
(SW Yo) OF THE SOUTHEAST QUARTER (SE Yo) OF SAID SEcrJON 9,
4) THE SOUTH 30,00 FEET OF THE WEST HALF(W \1,) OF THE WEST HALF (W y,)OF
THE SOUTIlWEST QUARTER ISW V.) OF THE SOUTHEAST QUARTER (SE !4) OF SAID
SECTION 9.
5) A PARCEL OR TRACT OF lAND SITUATED IN THE STATE OF FLORIDA. COUNTY
OF COLLIER, lYING IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND
BEING FURTIlER DESCRffiED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, THENCE
"""'" S.89"58'28"E. ALONG THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID
SEcrJON 9 FOR 80.25 FEET; THENCE N.OOOOJ '32"E, FOR 75.00 FEET TO AN
INTERSEcnON WITH A CURVE TO THE RlGHT HAVING A RADIUS 632.90 FEET AND
SUBTENDED BY A CHORD BEARING N.46029'20"E FOR A DISTANCE OF 864.20.,FEET
AND TO THE POINT OF BEGINNING; TIlENCE NORlllEASTERL Y ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 86006'56" FOR 9SI.25 FEET; THENCE
S.9O"OO'OO"E. FOR 400.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 620.00 FEET; THENCE SOUTHEASTERL Y ALONG SAID CURVI::
THROUGH A CENTRAL ANGLE OF 29032'39" FOR 319.70 FEET; THENCE S.6O"27'21"E.
FOR 503.61 FEET; THENCE S.OO"Ol'32"W. FOR 266.84 FEET; THENCE N.89"58'2S"W
FOR 1770.48 FEET TO TIlE POINT OF BEGINNING.
FTL:1704921 :1
PARCEL CONTArNS 622.48 ACRES. MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING S,89"58'28"E.
SUBJECT TO EASEMENTS. RESTRICTIONS. RESERVATIONS ANO RIGHTS-OF-WAY
OF RECORD.
OESCRIPTION PREPARED MARCH 4, 2005.
--;-::;l.-~'~5-L :;q-..,
TIlOMAS C. SAW
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 4672
"'-'
SHEET I Of 2
S:\Juh.\1 Ju\I~03\SURVEYl~G\Dellfri,,'lv..\I303 CUD OESC.dvc
hrl My.rs om<< SU.M1'. Otncc
10511 Si. Mih=Cypreu Plr:wy, Sui&e "101 II.U TlolnC"IISI RPoMdS..hclllllj
Fun Mv.n, Aoridl. 33912 ~i.lrnul.. Flurid. ~243
dJ9) 9J9--;41JO 1'J41) Jl.rO.l(JUI
r=:JJl(2JIJ1939<-2S2.3 fo")II",",I)J~!l11II
Pwt t.'.ulvull" tiffin'
12~] sw eM. 7blJ SUIlC a
UIUI SU"l)'. FlunuOl )42b'J
('MI 1 b2'.1 10:'\
1:i.lA j'Ml)u2~-1 14"
Exhibit A-2
::z:
~
-
e--
c:L.
0:::
C,.;l
cr.J
-.:c::I
::l
llo
z
::z: -<
--= ..J
0- : ~
::::::e "',_
~ ~
C,.;l a:
C,.;l -<
--= a.
~
e--
:::z:::
C,.;l
e--
e::..::I
:::.::::
U":l
... S!
~
'"
-<
'"
~
'"
'-'
z-<
"0
a:;;:
_0
:I:..J
~'"
:;J _
0:-
"'...
z
~~
Q, ()
'fa:
ul'"
~3
88
; . ~ ~ ,..~e ! I
i ~ -i ,tiyVV gO!
~I l . ~ ~ ~; ~~ ~!~~!~r:~'1I
~! ~ ~ I i I; .! ~6~1~'e~Il~!
i~ ~ ~ ~ s';~ !a iii.it~;:!t
~ll 8 !; .~:w ~ll d!~~ ~8 I;:
~i ~ a ~.~ :~~! ~I !b~~r.'~.re
~. B . -i;;~ .' ~; .~eBUe"~
~t :;;: ~ a =; ~i Ii !.:U!,,:)I.
:9 :. t ~ t~ tS ~, b~~'~yll;=t
;, N ~ l' r % Zw It' .;c:'" -i'" 1-
oi ~ ~ ij ~ i~ go ~. i"8~~G.:!~
~ .. w . -; Wb .t s~II'vlr',
~.! ~ I r r~ r~ I; !A~ Q:iabirr9~~
!~a ~ a ~ ~- ~~~! b'~ fb~si~~e!&=
~~; I . ~ ~.! ~r ~.' ~~: ~~~!i~~~~~.
-- i I 8 8b 8a 8j !-i r ~..wlla~VV
~X~; ~ ~ ~; ~ ~~ Si =!~I!;i..11
~!l~ . ~ J "_ .r.w ~l IIV!~'!bCC"
!! _.I!( "' , ~ ~- s~ ila~ ,- r~!i Ill." 1M !:.'i;!
~i;i ~ ; r Ie I; iil :;i X.rI:V" il1~
~:E~ ~ ; = ~B ~! ~r~;g~ .~r;rl s~l
!!
ii
'tMl "'1"IZ.E(,.OD'1
l.~
: ~ a:" to. '" I
· to- ll: ~ ::!: I
~ ,:.. !1l~~. ,'q ~ i
~ J ~ ~ ~; ~ ~;. l
~~ :s~ ~~i ,. ,5 jiB ~
~~ S~2 ~ t :' i.1
-< IX.... !o' . ~ .. iSh, I
e-o , '. a~ ~;.. II ...S ~I~!
o . !oo >8" Il ~ c:n~.gl
z ,"'~ffi h~ · .. :: iill ~ I
~l.>~'-' "'~~ ~ l*'li'
f!! ~~C5 Ii i 2 III ~i
fI.l ' ~*!5 ~5~ I ~ is il
~ i:g:~ ili i IS ~ ~
. I I I!t
.
.
II
! ~
.,;
z
o
~
l.>
,~
'"
! $!
lJr.n'.oo'S'
.. l!!
.. ,"
,
I . i II
, ,:::1
! .. I' i
, .., ~ l
I ':1""" '. !'~
]-----....,...,--'";" . -.------- I' I,
I . ,-' "1' ~
Iii: ,]~l'. . J~..:J en
~'.l! .r-~--'-'-"".' I~ S ~
cO h I, - r--------- U .9
: : --=. '--. --~c--.I...,.i7n,'11 ~,_+.._...,...,__--_~.l-_~~:t-.:).: ~B s ~
dl -"- ~'I;ii j' " . ft. :s ~
r . I~'!' . ~w' i ~ g
~~: ! i . .i '""
~I! ! Ii rs 0 '. ii
i!l I I; " ~
~ ~ ~
. : .. ;.1
! t. .: I
. ~
. ..
~;l
:11
hi
. I
it
i!~ ..
l: iI
~ , !~ "
~ !.
ii' il
'i I~ II
. ~
w . ; !
..J ~~ ;
CD i
~ ril I
-, ~ ~
~ . .~ ~
a: a~ !!~ ~
a I~ ;r ~
h' .& ~
+ ~~ "
s; .
:s ~, &
,~ :.~ -
&~
~ii ~i ~
-'i! H ~
~o ~.II'I
,
.1
! . II
. fif ~ ~
i u
j if I. ~
'i I II>
25
""8 Ii ~~ '"
....
Zz aI
i!~ w'" ~
~ I~/ ... ," ::O::!
. ..~ "'ti13 I!I
~ iz..J
OM B'~ IX
.~ :~ a
.:~ . I~ S5~
. all..>> ~
;~ ai:;~
1= ~~:> '!1
38~ a:
"l~ c;:. ..a.u a
_4 ~ _'..-;-~;; '"
~muo
(.:)000
ljcio...u:':u
""S ""r.J ',,",9/:901'(11 IfJOlI/lE '6op'1IS' .ON9'ao~' (OC"""'l'lUOIIOlDNI.\3MlflSlCOl:'\lo.-'\Illlln "
FTL:1704921:1
Exhibit A-3
COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: AMENDED AND RESTATED PETITION FOR PROPOSED ORDINANCE
PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES,
TO ESTABLISH THE P ARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT
I
AMENDED AND RESTATED PETITION FOR ESTABLISHMENT
OF A COMMUNITY DEVELOPMENT DISTRICT
Parklands Development Limited Partnership, a Delaware limited partnership (the
"Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property")
legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated
Collier County (the "County"), hereby amends and restates, in its entirety, its Petition for
Establishment of a Community Development District submitted on March 15, 2005 (the
"Original Petition") to the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA (the "Commission") and hereby petitions the Commission in accordance
with Section 190,005(2) of the Uniform Community Development Act of 1980, Chapter 190,
Florida Statutes (the "Act") to establish a community development district comprising the
Property (the "District") pursuant to the Act and other applicable law, and in support thereof,
hereby attests as follows:
1. That the Original Petition is amended and restated in its entirety hereby to revise
the Original Petition to (a) provide for different members of the initial Board of Supervisors of
the proposed District as set forth herein; (b) to update Exhibit C to the Original Petition, as set
forth in Exhibit C hereto; and (c) to revise Exhibit F to the Original Petition to conform to the
revised Exhibit C, as set forth in Exhibit F attached hereto.
2. That Petitioner is a Delaware limited partnership with its principal place of
business at 3185 Horseshoe Drive South, Naples, Florida 34104.
3. That the land area to be served by the proposed District comprises approximately
622.48 acres. All lands in the proposed area are located wholly within the jurisdictional
boundaries of the County.
FTL:1704921 :1
1
4. That annexed hereto as Exhibit A and made a part hereof is a metes and bounds
description of the external boundaries of the proposed District. No real property within the
external boundaries of the proposed District is to be excluded therefrom.
5. That annexed hereto as Exhibit B and made a part hereof is evidence of the
written consent to the establishment of the proposed District by the owner of one hundred
percent (100%) of the real property to be included in the District.
6. That the following five (5) persons shall be the initial members of the Board of
Supervisors of the proposed District, each of whom is a resident of the State of Florida and a
citizen of the United States, and each of whom shall serve in that office until replaced by elected
members as provided in Section 190.006 of the Act:
Karen Welks
401 Pheasant Court
Marco Island, FL 34145
Kathy Miller
124 Tahiti Street
Naples, FL 34113
J ames Reinders
5180 Old Gallows Way
Naples, FL 34105
Ken Bloom
1517 Ivy Gate Lane
Naples, FL 34105
Pat Vavrek
20741 Rivers Ford Road
Estero, FL 33928
7. That the name of the proposed District is the "Parklands Collier Community
Development District."
8. That annexed hereto as Exhibit C and made a part hereof is a map of the proposed
District showing current major trunk water mains and sewer interceptors and outfalls.
9. That annexed hereto as Exhibit D and made a part hereof, based upon available
data, is a good faith estimate of the timetable for construction of the proposed District's systems,
services and facilities and the estimated cost of constructing the same, both of which estimates
are subject to change.
10. That annexed hereto as Exhibit E and made a part hereof is a designation of the
future general distribution, location, and extent of public and private uses of land proposed for
FTL:1704921 :1
2
the area within the proposed District by the future land use plan element of the effective local
government comprehensive plan.
11. That annexed hereto as Exhibit F and made a part hereof is a statement of
estimated regulatory costs in accordance with the requirements of Section 120.541, Florida
Statutes.
12. That the creation of the proposed District is not inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
13. That the Property to comprise the proposed District is of sufficient SIze,
compactness, and contiguity to be developable as one functional interrelated community.
14, That the creation of the proposed District presents the best alternative available
for delivering the community development facilities and services to the Property that will be
served by the proposed District.
15. That the community development facilities and services of the proposed District
will not be incompatible with the capacity and uses of existing local and regional community
development services and facilities.
16. That the Property to comprise the proposed District IS amenable to separate
special-purpose government.
17. That Petitioner anticipates a petition by the District, once established, to obtain
consent from the Commission to the District's exercise of one or more of the powers set forth in
Section 190.012(2) of the Act, which include planning, establishing, acquiring, constructing or
reconstructing, enlarging or extending, equipping, operating and maintaining systems and
facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational
uses; (2) fire prevention and control, including fire stations, water mains and plugs, fire trucks
and other vehicles and equipment; (3) security, including, but not limited to, guardhouses, fences
and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper
governmental agencies; and (4) control and elimination of mosquitoes and other arthropods of
public health importance. Any powers so requested would be in addition, and supplemental, to
the powers which the proposed District is entitled to exercise pursuant to Sections 190.011 and
190.012 (1) and (3) ofthe Act.
18. That all statements contained within this Amended and Restated Petition are true
and correct.
WHEREFORE, Petitioner hereby respectfully requests the Commission to:
A. Direct its staff to notice, as soon as practicable, a local public non-emergency
hearing pursuant to the requirements of Section 190.005(2)(b) and (c) of the Act to consider
FTL:1704921 :1
3
whether to grant the petition for the establishment of the proposed District and to enact an
ordinance establishing the proposed District.
B. Grant the petition and enact an ordinance pursuant to the Act and other applicable
law, establishing a community development district comprised of the Property to be known as
the "Parklands Collier Community Development District."
y....,
RESPECTFULLY SUBMITTED this 2i day of (V] ,+/cs-I , 2006.
PARKLANDSDEVELOPMENT
LIMITED PARTNERSHIP
By: Ronto Developments Parklands, Inc., a
Flo ~. orporation, a General artner
/
--,
By:
STATE OF FLORIDA
COUNTY OF COLLIER
)
)
The foregoing instrument was acknowledged before me this ~ V ~ay of
I}1tJj('c, It , 2006, by James M. Reinders, the Vice President of Ronto Developments
Parklands, Inc., a General Partner of Parklands Development Limited Partnership, who ~
personally known to me [ ] or produced as identification.
- Notary Public A
Printed Name:
...i/'''1....'''. DONALD A. PICKWORTH
i:f\~~-1 MY COMMISSION ~ DD 1041. 81
\\~JJ.j'~r; EXPIRES: Apn129, 2006
~if;It~t-'(.~ Bonded Tr,r,J Notary Pul'lllc Underwnters
FTL:1704921 :1
4
EXHIBIT A
LEGAL DESCRIPTION
FTL:1704921 :1
Exhibit A-I
I .
""'-"
FTL:1704921 :1
iSankll tEnuin.e.erinn. .lJnt.
Professional EnalneerS, PIIIIlJIml & Land Surveyor.;
6640 Willow Park Drl... - Suite B
Naplel. florida 34109
(239) :l97-2061
FIXl2ll91 :l97-3082
A DESCRIPTION OF A PARCEL OF LAND
LYING IN
SECTION 9. TOWNSHIP 48 SOUTH. RANGE 21> EAST
COLLER COUNTY. FLORIDA
(PARKLANDS COLLIER C.D,D.)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, L YINO IN SECI10N 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND BEING
FURTHER DESCRIBED AS FOLLOWS:
SECTION 9, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING 5 DESCRIBED PARCELS:
I) THE SOUTH 30.00 FEET OF THE WEST HALF(W 10', )01' SAID SEcnON 9.
2) TIlE SOUTH 30,00 FEET OF THE SOUTHEAST QUARTER (SE Yo) OF THE
SOUTHEAST QUARTER (SE 'I.) OF SAID SECTION 9.
3) THE SOUTH 30.00 FEET OF THE EAST HALF (E V.) OF THE SOUTHWEST QUARTER
(SW Yo) OF THE SOUTHEAST QUARTER (SE V.) OF SAID SEcnON 9.
4) THE SOUTH 30,00 FEET OF THE WEST HALF (W 10'.) OF THE WEST HALF (W V,) OF
THE SOUTHWEST QUARTER (SW 'I.) OF THE SOUTHEAST QUARTER (SE V.) OF SAID
SECTION 9.
S) A PARCEL OR TRACT OF LAND SITUATED IN THE ST ATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SEcnON 9, TOWNSHIP 48 soum, RANGE 26 EAST AND
BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, THENCE
~ S.89"58'28"E. ALONG THE SOUTH LINE OF THE SOUTIlWEST QUAllTER OF SAID
SECTION 9 FOR 80.25 FEET; THENCE N.00"Ol'32"E. FOR 75,00 FEET TO AN
lNTERSECJ'JON WITH A CURVE TO THE RlGHT HAVING A RAOruS 632,90 FEET AND
SUBTENDED BY A CHORD BEARING N.46029'20"E FOR A DISTANCE OF 864.20 FEET
AND TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 86006 'S6" FOR 951,25 FEET; THENCE
S.9O"00'oo"E. FOR 400.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HA VING A RADIUS OF 620,00 FEET: THENCE SOUTHEASTERLY ALONG SAID CUR VI:
THROUGH A CENTRAL ANGLE OF 29'32'39" FOR 319,70 FEET; THENCE S.6Cl027'21"E.
FOR S03.61 FEET; THENCE S,OooOI'32"W. FOR 266,84 FEET; THENCE N.89"S8'n"w
FOR 1770.48 FEET TO TIlE POINT OF BEGINNING.
PARCEL CONTAINS 622.48 ACRES. MORE OR LESS.
BEARINGS ARE BASED ON TIlE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING S,89"58'28"E.
SUBJECT TO EASEMENTS, RESTRlCTJONS. RESERV A nONS AND RIGHTS-OF-WAY
OF RECORD.
DESCRIPTION PREPARED MARCH 4, 2OOS.
--;:;l..~'t;5-L ;'-1-"
THOMAS C. SAW
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 4672
'-'
SHEET I Of 1
S:UQbs'13Is\I~03\SURVEVlflfG\DetlC'l'ipl..,..\l)03 CUD DESC.duc
hrt MY"" 0IIIft >>u... Orlk.:
1051 t Six MUcCyprwu Pkwy. Sui.. f101 II.U Tillie.....' R.-d SuilC'''I1~
Fun Mycn. floridll 33912 SOlruut., florid. J.4;2.11)
(2)Vl9J9-S4!H.l 1lJ<41))bO.~&I'
Fax 12JIJ) 93'.252.1 1-....11 (\MIl) J60-0YII
P,.rt (.".r"tlC' lur.....
1~3 sW t"M. 'bll Sun... a
L..lIk.c: Sl.IlC)'. FturitJ" )42w}
('MI)blS-lltt!i
I;u 1Q4l)bJS-II"')
Exhibit A-2
.. ,"
j . j ,-
, ,II 'I
I ,"
l---------"---------! i II
a! '!'~Ut m
I ' .'. i'-l...J en
Il~ :. . '. r-~------' I~ 5 ~
. a~ ..II !. <-L --::::--- ~q; ;
.. ... . '. .!'-. h. i. ---+.-~-";"'---.' - ____u___.. eo C( "
I ! i-- ---:;,;C ~ WD .1'. i . -I:. r r
ul . : · i !:l..
=~i . I , '.
n, Ii ;~ ~ ii
:' I ~l . :
~ I: 1 .
i j, .i .: I~
::z:.
c;::l ...
...- ~
~ w
52 ~
c....;> w
~ ~~
1l~ ~~ i~
0:: 4 ~L?:~
:::::e: .. O~..B
C:> ~-, a..J~~
t:5 ~ ~~
.....:c: a. Ji3
8u
~ ~
= g
l:;....) u
e- ~
c:;;,.:l
:;:s:::
en
.. ~
.. ..
~Sl
51!
it!
. I
.. ..
j!1lft .
~ ,
~
+
: . ~ ~ ~ie. e t
~I. . i i ~~ il ~~nlall~~1
~!! i l ~ ,; .! 1"6;1,ge~~~!'
- ' " 10 I -_ K- &'5 '.S' i
i! ~ .; 9';; .! ~I'i.~&~ 2
~~ 8 !. l~ r~ a~ "!M' as Ivr
lor ~ a ~ i ,~a~ ~I !~.Ir.';!te
~~ e ~ ' s ;i;~ ~~ _.".es~t~~~
~~ ~ ~ e a ~; ~r 20 !,I-rl :~~,
:~ : I 1 5 1; ~i ;~ b~~!i!i!9i~
~t ~ ~ e I. ~i;~ !1 i~=~~a~=I~!
;JE i I ~ ;! ;~;~ ~~. ~:~;'il~5~~
~i~ , ~ ~ ~! ~: ~~ 1>1~ I'~il;~e!!;
~~. I ! $ 8~ $i 8~ SM,' r!l..~qllv~
5e. ~ ~; ~ ~~ e" ~ .~~ i.~rr
~e~1 ~. i. .l or ~l ivt~i~'dcc
~ ~~. i i- 910 ii. t~ Irri.I'I~ff
~V=i ~ ! J l~ l;: riA ::if x. ~ ~ lS;
~:s~ . ; = ~i ~! ~~~;e~ ~~~.J. ~~i
,I
Ii
.. 'J.lf,rtJlO1i
l/I
~ f I ~ !~ ~ I ~
> - .... ~b en ~~ l
~ . '5~ ;~f ,5 jiB e
< ~~ ii; : t "li,1
E. . a~ rl~ ~ i'~I!!(1
z~:~~ !il i .. rl1lill I
!2 ",lJla ~ ~t' III ~I
tI) . !*~;:! i ~ 5 i
53 i!'!Ec' d i IS = !
t" I I ~
*
*
I!
""'.
if
...
u
I!
'"
15
z~ ~
~~w~
1.tJ~..J"'"
i~..J!~
81~~a
lIlu>....l!;
:s:s~l!;-
~....::I-~
~n~a
i1
'!
r.
il
I'
(il
i!
il
:18 II
I, H
I:;
.~
i:
-; ~
~":
-..-'-... ~ ~;
i
i
~ ~
~~, g ~
~~ r ~ t
!5 ~. J ~
QI !i ~ ~
". wr ~ e
!~ r!l ,
~~ ;i :; ~
;~ 5~ i ;
1'.. e~ ~ :
.il ~i g i
J.iI H : ;
f
~1il
.:~
~lliUc
t:)ooci
~riQ,"rJ~u
_ Me 'rfo'Rl'Illl:01 ~UI[ 'CIIol>'\IS- AONII.OO~.[o[ll~IA31oIlI'lS\tOtI\'-,\llllll\..
FTL:1704921 :1
Exhibit A-3
EXHIBIT B
EVIDENCE OF WRITTEN CONSENT OF
OWNER'S CONSENT TO ESTABLISHMENT OF
P ARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT
P ARKLANDS DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited
partnership ("Owner"), hereby certifies that it is the owner of certain property located in
unincorporated Collier County, Florida, more particularly described on Schedule A hereto (the
"Property"), By signing below, the Owner hereby gives its full consent to the establishment by
Collier County, Florida of the PARKLANDS COLLIER COMMUNITY DEVELOPMENT
DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the
inclusion of the Property within the boundaries of the proposed District. The Property comprises
100% of the property to be included within the boundaries of the proposed District.
'fL-
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 2 t'day of
1Y1M ~ , 2006. -
PARKLANDSDEVELOPMENT
LIMITED PARTNERSHIP
By: Ronto Developments Parklands, Inc., a
Flori corporation, a General er
By:
STATE OF FLORIDA )
COUNTY OF COLLIER )
W1 Th7 foregoing instrument was acknowledged before me this ;.. t/ tt. day of
111AI't4t ' 2006, by James M. Reinders, the Vice President of Ronto Developments
Parklands, Inc., a General Partner of Parklands Development Limited Partnership, who is
personally known to me [ ] or produced as identification.
Notary Public
Printed Name:
....~::.fii;;..~ DONALD A. PICKWORTH
f..r~"r:~ MY COMMISSION # DD 104181
~'~..!>.< EXPIRES. Apn129, 2006
.."::tP.'r;.r-~'" Bonded Thru NClary PubliC Underwntars
FTL:1704921 :1
Exhibit B-1
EXHIBIT C
MAP OF PROPOSED DISTRICT
FTL:1704921 :1
Exhibit C-l
II,
~+) llllll
U.
~III I
'11
till ~
'-' lilt
~
fHf~ I Ond "lOSVlll"
'I,
g ~i
I ......- ms
-- ~I
...r Ir
~ II
/: (I)~
i
IE 00
z'
:sU I
~a:::
a:::1.&J
-c3
It a.. 0
'" U
>-
Ul I
w I
Ul
i
g I
...
Ond !S3Il 'Woo
~
,:
II)
E,
~
..
N
~
",-..~
SS_:>Jal:l
O~ ~;;-=
X33M0 lh'nb
~~l:IY~
, .
...
......
JSlM :- .
1IV11O
FTL:1704921 :1
Exhibit C-2
I'
'-'
. ..........
l
FTL:1704921:1
t)
= = = - = = = = = ==.::..=tF= = = =
(DNU.SIX3) OYOlJ 337lf)lOYilll ~h
-==J:tl I
i! ~
II ; I ~
~.~ ~
L
L1
i
I
~
i
II
r! ~!
I~
,!
d
-A
l;;1I~
:e h
~
~l
W: d
l! q
..
I
I
~
~~~
I 0:: U
I ~
..
;
~
.O~ l:J3n70:J
'0:) 337
to)
c>"~ ~ ..
~~ ~ ;
~:; a.: hl ~ i
-J ;
..~ ~ f tI)
II ~) ~ ~..
I~~ ~ ~
0:: ~~!
ii: ~ ~~fj
..,1.....-- - - - - - +-- - - - - -..iur- - - -
~ ~O,(Ol:J H:J'V38 IIl/NOB ::: ::l
Exhibit C-3
EXHIBIT D
PROPOSED CONSTRUCTION TIMET ABLE AND ESTIMATED COSTS
Off site Public Roads(l)
Public Roadways(l)
WetIand Impact Mitigation & Acquisition:
Construction Costs
Acquisition Costs
Stormwater Management Construction Costs
Utility Construction Costs
Consultants
Contingency
Total
Cost
$ 8.5 Million
7.5 Million
4.5 Million
15.0 Million
5.0 Million
3.0 Million
2,0 Million
2.0 Million
$47.5 Million
(I) Roadways include water and sewer facilities parallel to the road as well as all drainage
facilities necessary for the road drainage.
All work is expected to be completed within two years from the issuance of bonds.
FTL:1704921:1
Exhibit D-l
EXHIBIT E
DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION. LOCATION AND
EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR
THE AREA WITHIN THE PROPOSED DISTRICT
FTL:1704921:1
Exhibit E-I
i
'- ! i
I i
i f=-"" ="" ...;~./W (" ="" ~
81 ~
i
lIUIoII. Ql[D(
!:1IIST 0ClN0I IIOAIl
tIlDE C'\'PIl[SS
QUAl.
· Q llEIT
lEIl_
'-"
QUAI. '<<ST PUll
(R..-IIol)
o
-;ON 0."
CI 0 r->
.ZC::a
-,.,~^
~O::a!;
::tOVPZ
CC::OO
-.... CI)
-.....0
l~
!I
~~
~~
!~
I
~
i
;i~~
I I
! II'
g ~
r -
: I~i I ~
IJII~(j~
'-' li3:~g~
- C~. (j
5 0
trI t"'""
~ t"'""
.. iii
lllRASOl. PUO
(P,.......)
;g
~
..
i
I
f+2
FTL:1704921:1
Exhibit E-2
EXHIBIT F
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1,1 Purpose and Scope
This statement of estimated regulatory costs ("SERC") supports the petition to establish the
Parklands Collier Community Development District ("District"). The District comprises
approximately 622 +/- acres of land within Collier County, Florida on which approximately
600 single family and 600 multifamily dwelling units are planned for development. The
limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004)
(specifically, Sections 190.005(1)(a)8, and 120.541(2)).
Moreover, Section 190.002(2)(d), F.S. (2004), provides "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 Parklands Collier Community Development District
The District is designed to provide community infrastructure, services, and facilities along
with their operations and maintenance.
The development plan for the proposed lands within the District includes the construction of
approximately 600 single family and 600 multifamily dwelling units.
1.3 Requirements for the Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory
costs must contain:
(a) 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.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any anticipated
effect on state and local revenues,
( c) A good faith estimate of the transactional costs likely to be incurred by individuals and
entities, including local governmental entities, required to comply with the requirements of
the rule. As used in this paragraph, "transactional costs" are direct costs that are readily
FTL:1704921 :1
Exhibit F-l
ascertainable based upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs incurred, and
the cost of monitoring and reporting,
(d) An analysis of the impact on small businesses as defined by Section 288.703. F,S.
(2004), and an analysis of the impact on small counties and small cities as defined by
Section 120.52, F.S. (2004). Collier County is not defined as a small county for purposes of
this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith
written proposal submitted under paragraph (l)(a) and either a statement adopting the
alternative or a statement ofthe reasons for rejecting the alternative in favor ofthe proposed
rule.
2.0 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.
As noted above, Parklands Collier is designed for approximately 600 single family and 600
multifamily dwelling units, Establishment of the District would put all of the households
that locate within the community under the jurisdiction of the District. Of course, the
decision to locate within the District is a voluntary one.
3.0 A good faith estimate of the cost to state and local government entities of implementing
and enforcing the proposed ordinance, and any anticipated effect on state and local
revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Government Entities
The District consists of fewer than 1,000 acres; therefore Collier County is the establishing
entity under Section 190.005(2), F.S, (2004). There will be only modest costs to various
State governmental entities to implement and enforce the proposed establishment of the
District.
The modest costs to various State entities to implement and enforce the proposed ordinance
relate strictly to receipt and processing of various reports that the proposed District is
required to file with the State and its various entities. Appendix A lists the reporting
requirements, The costs to those State agencies that will receive and process the District's
reports are very small, because the District is only one of several hundred governmental
units that are required to submit the various reports. Therefore, the marginal cost of
processing one additional set of reports is de minimis. Additionally, pursuant to Section
FTL: 1704921: 1
Exhibit F-2
189.412, F,S, (2004). the proposed District must pay an annual fee to the State of Florida
Department of Community Affairs to offset such costs,
Collier County
The land within the District is within the unincorporated limits of Collier County and
consists of fewer than 1,000 acres. The Collier County Board of Commissioners and Collier
County staff will process, analyze, conduct a public hearing, and vote upon the petition to
establish the District. These activities will absorb some resources.
These costs to the County are modest for a number of reasons. First, review of the petition
to establish the District does not include analysis of the project itself. Second, the petition
itself provides much of the information needed for a staff review. Third, Collier County
already possesses the staff needed to conduct the review without the need for new staff.
Fourth, there is no capital required to review the petition. Fifth, local governments routinely
process similar petitions for land uses and zoning changes that are far more complex than is
the petition to establish a community development district. Finally, costs related to staffs
time to process the petition to establish the District have been offset by the $15,000 filing
fee that is paid to the County.
The annual costs to Collier County, because of the establishment of the District, are also
very small and within control of the County. The proposed District is an independent unit of
local government. The only annual costs the County faces are the minimal costs of
receiving and to the extent it wishes, reviewing the various reports that the District is
required to provide to the County.
3.2 Impact on State and Local Revenues
Adoption ofthe proposed ordinance will have no negative impact on State or local revenues.
The District is an independent unit of local government with limited powers. It is designed
by law to provide community facilities and services to the lands that comprise the Parklands
Collier area, It has its own sources of revenue. No State or local subsidies are required or
expected.
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 or
any other unit of local government. In accordance with State law, debts of the CDD are
strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and
entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may
provide. It is anticipated that the District will fund, own, operate, and maintain the
community's stormwater management system, wetland mitigation, and off-site wetland
mitigation, The District also plans to construct and finance the internal roadway and off-site
FTL:1704921 :1
Exhibit F-3
roadways. It is anticipated that these facilities will be turned over to the Collier County for
ownership and maintenance.
Table 1. Parklands Collier Community Development District Proposed Facilities and
Services
FUNDEDI O&M OWNERSHIP
FACILITY CONSTRUCTED
Roadways CDD Collier Collier
County County
Off-site Roadways CDD Collier Collier
County County
Storm water Management CDD CDD CDD
Wetland Mitigation CDD CDD CDD
Off-site Wetland Mitigation CDD CDD CDD
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1.
The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated
to be approximately $47,500,000. To fund this construction program the District may issue
special assessments or other revenue bonds estimated to total $61,750,000. These would be
repaid through non-ad valorem assessments levied on all developable property within the
District that specially benefits from the District's capital improvement program as outlined
in Table 2.
Table 2. Summary of Estimated Capital Costs Parklands Collier Community
Development District
Cate20ry
Roadways
Public Roadways (1)
Wetland Impact Mitigation & Acquisition
· Construction Costs
· Acquisition Costs
Stormwater Management - Construction Costs
Utility Construction Costs
Engineering and Other Consulting
Contingency
Total
Construction
Estimate
$8,500,000
$7,500,000
$4,500,000
$15,000,000
$5,000,000
$3,000,000
$2,000,000
$2.000.000
$47,500,000
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance, In
addition to the levy of non-ad valorem assessments for debt service, the District may also
FTL:1704921 :1
Exhibit F-4
impose a non-ad valorem assessment to fund the operations and maintenance of the District
and its facilities and services,
It is important to note that the various costs outlined in Table 2 are typical for developments
of the type contemplated. There is nothing peculiar about the District's financing that
requires additional infrastructure over and above what would normally be needed.
Therefore, these costs are not in addition to normal development costs. District-imposed
assessments for operations and maintenance costs are similar to what would be charged by a
property owner's association common to most mixed-use developments except they are
government enforced first liens.
Real estate markets are quite efficient, because buyers and renters evaluate all of the costs
and benefits associated with various alternative locations. Therefore, market forces preclude
developers from marking up the prices of their products beyond what the competition
allows, To remain competitive the operations and maintenance assessments must also be in
line with the costs imposed by the competition.
Furthermore, the decision to locate within the District is completely voluntary. These
potential residents are given full disclosure of the existence of the district and level of
anticipated assessments. So ultimately, all owners and users of the affected property chose
to accept the District's costs in tradeoff for the benefits that the District provides. A
Community Development District ("CDD") provides residents with the option of having
higher levels of facilities and services financed through self-imposed charges. The District
is an alternative means to finance necessary community services. District financing is no
more expensive, and often less expensive, than the alternatives of a municipal service taxing
unit (MSTU), a neighborhood association, County provision (directly or via a dependent
special district), or through developer equity and/or bank loans.
It should be noted that occupants of the lands within the District will receive three major
classes of benefits,
First, those residents and businesses in the District will receive a higher level of public
services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism to ensure that the community services and amenities will be
completed concurrently with development of lands within the District. 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.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting and ultimately electoral voting for resident elected boards, to determine
the type, quality and expense of District services they receive, provided they meet the
County's overall requirements.
FTL:1704921 :1
Exhibit F-5
5.0 An analysis of the impact on small businesses as dermed by Section 288.703, F.S.
(2004), and an analysis of the impact on small counties and small cities as dermed by
Section 120.52, F.S. (2004).
There will be no impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. This is because the District must competitively bid
certain contracts, This affords small businesses the opportunity to bid on District work.
Collier County has an estimated population (not incarcerated) in 2004 that is greater than
75,000. Therefore the County is not defined as a "small" county according to Section
120.52, F.S.
6.0 Any Additional useful information.
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. Input was
received from the developer's engineer and other professionals associated with the
developer.
Finally, it is useful to reflect upon the question of whether the proposed District is the best
alternative to provide community facilities and services to the project. As an alternative to
the District, Collier 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 I in a fashion similar to the proposed District.
There are a number of reasons why a dependent district is not the best alternative for
providing community facilities and services to Parklands Collier. First, unlike the District,
the alternatives would require Collier County to administer the project and its facilities and
services. As a result, the costs for these services and facilities would not be sequestered 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 Parklands Collier is a significant and expensive undertaking.
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 Collier County was to
establish a dependent district then the residents and landowners of Parklands Collier would
take their grievances and desires to the County Commission meetings.
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 a District is established.
FTL:1704921:1
Exhibit F-6
Another alternative to the District would be for a property owner's association to provide the
infrastructure, operations, and maintenance of community facilities and services, A District
is superior to a POA for a variety of reasons. First, unlike a POA 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 POA. Third, the proposed District is a unit of local
government. This provides a higher level of oversight and accountability.
Fishkind and Associates certifies that this SERC meets the requirements for a Statement of
Estimated Regulatory Costs as set out in Section 120.541, F,S. (2004),
FTL:1704921 :1
Exhibit F-7
We have developed over 50 SERCs. Below is a list offive ofthese,
. Urban Orlando Community Development District
. Marshall Creek Community Development District
. Cedar Hammock Community Development District
. Meditera Community Development District
. Brooks Community Development District
FTL:1704921:1
Exhibit F-8
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FLORIDA
STATUTE
REPORT CITE DATE
Annual Financial Audit 11.45 within 9 months following end of
fiscal year
218.39 within 12 months after end of
fiscal year
Annual Financial Report (AFR) 218.32 (d) no later than 12 months after
end of fiscal year or (e) no later
than April 30
TRIM Compliance Report 200.068 no later than 30 days after adoption
of resolution establishing property
tax levy
Form 1 - Limited Financial Disclosure 112.3144 by July 1
Public Depositor 280.17 by November 30
Proposed Budget 190.008 at least 60 days prior to adoption
Public Facilities Report 189.415 within one year of creation; annual
updates thereafter
Public Meeting Schedule 189.417 quarterly, semiannually or annually
Bond Report 218.38 when issued; within 120 days after
delivery of bonds
Registered Agent 189.416 30 days after first meeting
FTL:1704921 :1
Appendix A-I
SITE LOCATION MAP
TtIllfY ST.
..
'"
I
Ii
WOR1HlINCTON
PRO ECT ITE
:,
~ BONITA CH .
LEE OUNTY
COLLIER COUNT
+
N.T,S.
PARKLANDS
au"" 0(" CouJER
coo.
CUNL CIII'[[K
! ~.~w.
~
....1Gl
1Ml'E.....
COl.' uuns
'lOtIO"
PAl" .1\1("
""'~D
RC"'l UrC)
Clh'SUL
,AOt
~'k
Z
PUH;AH ~_ P(L1C"'N
wARSH it ;; "''-""
I':
~Jif' _ ~B
H~n_ ,
'"
'"
~
SECTION 09, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COlliER COUNTY, FLORIDA
P ARKLANDS COLLIER
C.D.D.
PROJECT LOCATION MAP
r
S:\Jobs\ 13xx\1303IENGINEERINGIEXHIBIi\CDDICCD-COLLlER\ 1303_LOC-MAP ,dwg, 5/2012004 2:27:21 PM. Mike Karlosky
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 foregoing is a true and correct
copy of:
ORDINANCE 2006-24
Which was adopted by the Board of County Commissioners
on the 23rd day of May, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners