Ordinance 2022-50 ORDINANCE NO. 2022 - 5 n
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE BRIGHTSHORE
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 681.45+/- ACRES; PROVIDING FOR THE
AUTHORITY FOR ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE BRIGHTSHORE
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR
THE DISTRICT NAME; PROVIDING STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR PETITIONER'S
COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS Alyssa C. Willson, Esq. of Kutak Rock LLP, on behalf of Petitioner, Hogan
Farms, LLC, a Florida limited liability company, has petitioned the Board of County
Commissioners of Collier County,Florida("Board"),a political subdivision of the State of Florida,
to establish the Brightshore Community Development District ("District"); and
WHEREAS, the Board of County Commissioners, 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. The petition is complete in that it meets the requirements of section 190.005,
Florida Statutes, and 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.
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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, 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 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 sections 190.012(2)(a) and (2)(d), Florida Statutes, in connection
with the establishment of the proposed community development district, the petition further seeks
the 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.
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SECTION TWO: ESTABLISHMENT OF THE BOUNDARIES FOR THE
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT.
The Brightshore 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. Nick Casalanguida 2. John Cheffy
2600 Golden Gate Parkway 2600 Golden Gate Parkway
Bonita Springs, FL 34134 Bonita Springs, FL 34134
3. Amanda Maurizi 4. Cee Cee Marinelli
2600 Golden Gate Parkway 2600 Golden Gate Parkway
Bonita Springs, FL 34134 Bonita Springs, FL 34134
5. Amy Qunell
2600 Golden Gate Parkway
Bonita Springs, FL 34134
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Brightshore Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Brightshore 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 Brightshore Community Development
District will be duly and legally authorized to exist and exercise all of its powers as set forth in
section 190.012(1), Florida Statutes, and as otherwise provided by law. Further,the Board hereby
consents to the exercise by the Board of Supervisors of the District of the special powers set forth
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do
in sections 190.012(2)(a) and (2)(d), Florida Statutes, 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; provided, however
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.
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.
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
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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 13th day of December 2022.
ATTEST: ,1. ai~!4r' BOARD OF COUNTY COMMISSIONERS
CRYSTAL 1K KINZE ,,',cLERK COLLIER CO , RIDA
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(2)
By: By:
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Attest-as t0 Chairman' uty Wil ' m L. McDaniel, Jr., Chairman
signature my ; -
App ved as to form and le ality:
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Derek D. Perry
Assistant County Attorney 3 \ti
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This ordinance fired with the
Secret pry of S►ote's Office the,
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and ocknowledc;Prne t A thct
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EXHIBIT "A"
Stantec
5801 Pelican Bay Boulevard,Suite 300, Naples, FL 34108
Legal Description
Of part of Sections 18 and 19,
Township 47 South, Range 28 East,
Collier County, Florida
(Hogan Oaks West)
All that part of Sections 18 and 19, Township 47 South, Range 28 East, Collier County,
Florida, being more particularly described as follows:
BEGINNING at the Southwest corner of Section 19, Township 47 South, Range 28
East, Collier County, Florida, thence along the West line of said Section 19, North
00°33'31" West 5,270.74 feet to the Northwest corner of said Section 19;
Thence North 89°45'17" East 334.22 feet;
Thence North 69°40'33" East 50.52 feet;
Thence North 00°56'08" West 670.62 feet;
Thence North 08°52'06" West 331.28 feet;
Thence North 20°54'48" East 142.49 feet;
Thence North 62°14'48" East 1,355.44 feet;
Thence South 65°52'47" East 954.64 feet;
Thence South 70°01'14" East 119.08 feet;
Thence South 63°39'15" East 628.77 feet;
Thence North 40°34'56" East 32.99 feet;
Thence North 23°38'28" East 362.36 feet;
Thence North 48°50'20" East 54.54 feet;
Thence South 66°01'50" East 199.07 feet;
Thence South 50°25'20" East 954.27 feet;
Thence South 18°52'22" East 748.23 feet;
Thence South 83°10'21" East 306.85 feet;
Thence South 01°04'51" East 317.74 feet;
Thence South 00°49'55" East 322.25 feet;
Thence South 06°24'15" East 262.61 feet;
Thence South 07°19'29" West 501.06 feet;
Thence South 01°08'37" East 195.96 feet;
Thence South 10°00'20" West 569.45 feet;
Thence South 23°28'05" West 264.33 feet;
Thence South 04°25'45" West 627.49 feet;
Thence South 18°15'57" East 240.55 feet;
Thence South 10°16'07" East 189.28 feet;
Thence South 07°36'19" East 254.95 feet;
Thence South 05°42'25" West 41.75 feet;
Thence South 04°38'57" West 44.03 feet;
Thence South 04°38'58" West 320.97 feet;
Thence South 19°59'54" West 103.00 feet;
Thence South 20°59'47" West 58.20 feet;
Thence South 20°48'49" West 35.19 feet;
Thence South 24°49'22" West 151.37 feet;
Thence South 24°52'40" West 90.30 feet;
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Thence South 36°52'12" West 337.31 feet;
Thence South 01°41'16" West 574.06 feet;
Thence South 08°29'08" East 37.23 feet;
Thence South 89°39'03" West 690.88 feet;
Thence 393.04 feet along the arc of a circular curve concave North having a radius of
2,814.93 feet through a central angle of 08°00'00" and being subtended by a chord
which bears North 86°20'57" West 392.72 feet;
Thence North 82°20'57" West 337.32 feet;
Thence 406.15 feet along the arc of a circular curve concave South having a radius of
2,914.93 feet through a central angle of 07°59'00" and being subtended by a chord
which bears North 86°20'27" West 405.82 feet;
Thence South 89°40'03" West 2,367.68 feet to the POINT OF BEGINNING.
Containing 681.45 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the
Certificate of authorization #LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: September 7, 2021
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2H-2140 Sheet 2b
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 22, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 22-50, which was filed in this office on December 22,
2022.
If you have any questions or need further assistance, please contact me at(850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
January 13, 2023
Merline Forgue, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Merline Forgue,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the corrected Collier County Ordinance No. 2022-50, which was filed in this office on
January 13, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
Martha:
Please see the attached Exhibit "A" to Ordinance No. 2022-50,
Agenda Dated December 13, 2022, Item No. 9.D., for processing as
discussed. Please feel free to give me a call if you have any questions or
need additional information.
fiP/
Derek D. Pe