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Agenda 07/24/2012 Item #17C7/24/2012 Item 17.C. EXECUTIVE SUMMARY Recommendation to approve amending Ordinance No. 02 -42, changing the name of the "Tuscany Reserve Community Development District" to the "Talis Park Community Development District ", pursuant to Chapter 190, Florida Statutes. Companion to Item 17D. OBJECTIVE: To amend Section Five of Ordinance 02 -42 for a name change from the "Tuscany Reserve Community Development District" (CDD) to the "Talis Park Community Development District" (CDD) pursuant to Chapter 190, Florida Statutes. CONSIDERATIONS: On July 30, 2002, the Board of County Commissioners (BCC) adopted Ordinance No. 02 -42, establishing the "Tuscany Reserve" as a Community Development District. The Ordinance became effective as an independent district as filed with the State on August 5, 2002. On May 17, 2012, the Board received a petition from the CDD to amend the Ordinance to change the name of the District to the "Talis Park Community Development District." The district is comprised of 461.29± acres and is located in portions of Section 12, Township 48 South, Range 25 East, and in Section 7, Township 48 South, Range 26 East, on the Lee County Line, between Livingston Road (North/South) and Interstate 75. The project #CDDA- PL20120001248 is in association with Zoning Services companion item project #SNR- PL20120002721 for a "Street Name Change ". FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This ordinance is authorized by Chapter 190, Florida Statutes, has been reviewed and approved by the County Attorney's Office, and requires a majority vote for approval. [ERP] STAFF RECOMMENDATION: For the BCC to approve the proposed ordinance authorizing the name change of the "Tuscany Reserve Community Development District (CDD)" to the "Talis Park Community Development District (CDD)" pursuant to Chapter 190, Florida Statutes. Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Section, Growth Management Division Attachments: Ordinance CDD Chairman's Letter of Request Packet Page -3271- 7/24/2012 Item 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: Recommendation to approve amending Ordinance No. 02 -42, changing the name of the "Tuscany Reserve Community Development District" to the "Talis Park Community Development District ", pursuant to Chapter 190, Florida Statutes. Meeting Date: 7/24/2012 Prepared By Name: KendallMarcia Title: Planner, Senior,Comprehensive Planning 6/19/2012 7:18:27 AM Submitted by Title: Planner, Senior,Comprehensive Planning Name: KendalWarcia 6/19/2012 7:18:28 AM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 6/19/2012 11:26:18 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/20/2012 11:45:45 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/21/2012 4:37:36 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 7/2/2012 10:30:53 AM Packet Page -3272- Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 7/2/2012 10:55:11 AM Name: KlatzkowJeff Title: County Attorney Date: 7/3/2012 11:19:29 AM Name: OchsLeo Title: County Manager Date: 7/10/2012 3:25:51 PM Packet Page -3273- 7/24/2012 Item 17.C. 7/24/2012 Item 17.C. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002 -42, THE TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, AMENDING SECTION FIVE TO CHANGE THE NAME OF THE DISTRICT TO THE TALIS PARK COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tuscany Reserve Community Development District ( "District ") was established by Ordinance No. 02 -42 of the Board of County Commissioners of Collier County, Florida (the "Board "), effective July 30, 2002, and filed with the State effective August 5, 2002, as an independent special district and local unit facilities and services to the lands within the District as provided in Chapter 190, Florida Statutes•, and WHEREAS, the Board has received a petition from the District to amend Ordinance No. 02 -42, requesting to change the name of the District from "Tuscany Reserve Community Development District" to "Talis Park Community Development District" to better-enable the District to accomplish the purpose for which it was formed; and WHEREAS, the Board herein consents to the name change of the District, subject to certain conditions set forth herein; and WHEREAS, the District, as established under Ordinance 02 -42 with the name change set forth herein, shall continue to be governed by chapter 190, Florida Statutes, and all other applicable federal, state and local laws. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section Five of Ordinance No. 02 -42 Section Five of Ordinance No. 02 -42 is hereby amended as follows: Words^' -ugh are deleted; words underlined are added. Packet Page -3274- 7/24/2012 Item 17.C. The community development district herein established shall henceforth be known as the " ." "Talis Park Community Development ' District." SECTION TWO: 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 THREE: Inclusion in the 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 Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon Filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYI,E, Chairman Words stfuek t4eu are deleted; words underlined are added. Packet Page -3275- Approved as to form and legal sufficiency: - Lf Ernilv R. Pepin Assistant County Attorney 12-C'NIP-00826 Words 4.R+el,�4 are deleted, words underlined are added. Packet Page -3276- 7/24/2012 Item 17.C. 7/24/2012 Item 17.C. May 17, 2012 Fred Coyle, Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 -5746 Dear Chairman Coyle, I serve as Chairman to the Tuscany Reserve Community Development District (the "District "), a special purpose unit of local government pursuant to chapter 190, Florida Statues, and established by the Collier County Board of County Commissioners per Ordinance No. 02- 42. As you know, the District is requesting that the Collier County Board of County Commissioners (the "Board ") amend Ordinance 02 -42 to change the District's name from Tuscany Reserve Community Development District to Talis Park Community Development District. As background, the District is substantially coterminous with the recorded plat for the Tuscany Reserve Subdivision. New landowners and developers of the subdivision intend to re- plat and rename the subdivision in an effort to rebrand the district and stimulate growth in the community. In order to avoid confusion and maintain consistency between the subdivision and the District, the District desires to change its name to be consistent with the subdivision re -plat in the County's official record. It is our understanding that while a formal public hearing of the Board is not required to amend the ordinance, the County does require publication of a notice of intent ten days prior to consideration of an amended ordinance. The District is prepared to provide such notice for the County's consideration, as well as any other documentation the County may require. Thank you for your prompt consideration of this matter. Sincerely, Leslie Carl Chairman, Tuscany Reserve Community Development District cc: Jonathan T. Johnson, District Counsel Packet Page -3277- IN U1 lUE Y U ISLl(- iN U l ll.r, i U DIAU A U 1 It-r. NOTICE OF 17/24/2012 Item 17.C. TO AMEND AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012 in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL, the Board of County Commissioners will hold a public hearing to consider an amendment to the following County Ordinance. The meeting will commence at 9:00 a.m. The purpose of the hearing is to consider an amendment to Ordinance No. 02 -42, requesting to change the name of the "district" from the "Tuscany Reserve Community Development District" to the "Talis Park Community Development District." The ORDINANCE title is as follows: ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002 -42, THE TUSCANY RE- SERVE COMMUNITY DEVELOPMENT DISTRICT, AMENDING SECTION FIVE TO CHANGE THE NAME OF THE DISTRICT TO THE TALIS PARK COMMUNITY DE- VELOPMENT DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [ #CDD- PL20120001248 /Companion Item #SNR- 20110002721] All interested parties are invited to appear and be heard. A copy of the proposed amendment is available for inspection at the Collier County Clerk's Office, Fourth Floor, Administration Building, Collier County Government Center, Naples, Florida; and at Land Development Services Depart- ment, Comprehensive Planning Section, located at 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to July 24, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) Packet Page -3278- No. 240192909 July 4. 2012 TUSCANY RESERVE CDD LEE COUNTY COLLIER COUNTY PROJECT LOCATION MEDITERRA � 12 PEZZEIINO ��) 6 D 2 q CIELO QUAIL PARKLANDS (DRI) SAND -OOD MEDITERRA� DELU 0.08A VETERANe MEMORIAL BOULEVARD d ON HILLS P STRAND AN. CORI) 79 '� WAIL CREEK 17 T2RAFlNA 16 P �, IH1enR ACAD3 ✓ ARSILEA IUi�� VILLAS _ �j 8 OWE CYPRESS NAOEIRA CM,L,O„ LONOSHORE (OR,) 21 OA MNCI 24 LAKES 19 WML II 20 LAKE EOSTE IN LDE CMRE58 ODDA PL201200012" All interested parties are invited to appear and be heard. A copy of the proposed amendment is available for inspection at the Collier County Clerk's Office, Fourth Floor, Administration Building, Collier County Government Center, Naples, Florida; and at Land Development Services Depart- ment, Comprehensive Planning Section, located at 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to July 24, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) Packet Page -3278- No. 240192909 July 4. 2012 ]6A» weans 7/24/2012 Item 17.C. Wednesday, y) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO AMEND AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012 in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL, the Board of County Commissioners will hold a public hearing to consider an amendment to the following County Ordinance. The meeting will commence at 9:00 a.m. The purpose of the hearing is to consider an amendment to Ordinance No. 02-42, requesting to change the name of the "district` from the "Tuscany Reserve Community Development District" to the "Talis Park Community Development District." The ORDINANCE title is as follows: ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002 -42, THE TUSCANY RE- SERVE COMMUNITY DEVELOPMENT DISTRICT, AMENDING SECTION FIVE TO CHANGE THE NAME OF THE DISTRICT TO THE TALIS PARK COMMUNITY DE- VELOPMENT DISTRICT; PROVIDING FOR CONFLICT AND SEVERABJUT*Y' ; AND PROVIDING FOR AN EFFECTIVE DATE. [*CDD- PL20120001248/Companion Item #SNR- 201 1 0002 721y ,TUSCANY RESERVE Coo Lnirfn C Cau< PriOJ.ECT" LOCATION lye wv el � All interested parties are invited to appear and be heard. A copy of the proposed amendment is available for inspection at the Collier County Clerk's Office, Fourth Floor, Administration Building, Collier County Government Center, Naples, Florida: and at Land Development Services Depart- ment, Comprehensive Planning Section, located at 2800 N. Horseshoe Drive; Naples, Florida ' between the hours df aA0 A.M; and 5:00 P.M., Mondaythrough Friday. Any questions pertaining to the document should, be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to July 24; 2012, will be read and considered at,. the public hearing. if a person decides to appeal any decision made by the Board of County Commissioners ` with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available to the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) No. 2-4-0192909 lfy 4.2018 Packet Page -3279-