Ordinance 2020-019ORDINANCE NO. 2020-1_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 106.44+/- ACRES; PROVIDING FOR THE
AUTHORITY FOR ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR
THE DISTRICT NAME; PROVIDING FOR 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, D.R. Horton, Inc. has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
TARAMINDO 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 Sections 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.
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 Section 190.012 (2)(a) and (2)(d), Florida Statutes, upon the
establishment of the proposed community development district, the District Board of Supervisors
have sought the right to 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 TAMARINDO COMMUNITY
DEVELOPMENT DISTRICT.
The Tamarindo 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. James Ratz 3. Ashley Koza
2. Rebecca Sarver 4. J. Wayne Everett
5. Landon Thomas
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Tamarindo Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Tamarindo 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
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)(a) and (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 education uses and (ii) security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion detection systems, and patrol cars, as 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 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 1H day of ILkm , 2020.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Afesf as't� ChaiMa6's epu ler
signature only,
Jeffrey A. Itj4tz1flw, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
Burt L. Saunders, Chairman
This ordinance filed with the
Secretary of S ate's C)ff ice fl-le
..,St day
and acknowledgement rrthot
-
filing r ceiv^ this day
of
By Deputy Lark
Exhibit "A"
Legal Description
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FI ORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA,- THENCE N89°01'581 FOR 664.2.5 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1 OF THE PLAT OF
ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER
COUNT', FLORIDA,
THENCE S01014'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST
CORNER OF SAID TRACT "Fl
THENCE S01014'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST
QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO
THE SOUTHEAST CORNER OF SAID FRACTION, -
THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEETTO AN INTERSECTION
WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE THE. FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID
PARCEL
1. S01°09'56"W FOR 617.91 FEET;
2. N89"34'54"W FOR 300.19 FEET;
3. S01009'09"W FOR 435.95 FEET;
4. N89034'09"W FOR 150.16 FEET,
5. N89038'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF
(E-1/2) OF THE SOUTHEAST QUARTER {SE-1/4I OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID
SECTION 23,-
THENCE N01*05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE
OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89"48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE
OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS,
THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF
SAID PARCEL 1:
[CONTINUED ON FOLLOWING PAGE]
1. S01005'19"W ON SAID EAST LINE FOR 303.80 FEET;
2. N89037'28"W FOR 645.47 FEET;
3. N01001'07"E FOR 302.01 FEET
4. S89047'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF
LAND RECORDED IN IN OFFICIAL RECORDS BOOK4466, PAGE 3476, SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL:
1. N01001'01"E FOR 218.98 FEET;
2. N52035'40"E FOR 646.23 FEET;
3. N40029'08"W FOR 30.05 FEET;
4. N49040'54"E FOR 22.10 FEET;
5. THENCE N36*22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE S89'42'08"W ON SAID SOUTH LINE FOR 785-71 FEET TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE N01*01'01"E FOR 332.01 FEET 70 THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (' SW-1/4) OF SAID SECTION 23,-
THENCE S89032'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00'54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-V4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 231-
THENCE N89"42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE S00'56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE N89*5742"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
(SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00054'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
(NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OFTHE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
[CONTINUED ON FOLLOWING PAGE]
THENCE N89*47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION
WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST
LINE OF SAID SECTION 23,-
THENCE NOO*51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/41 OF THE
NORTHWEST QUARTER (NW-1/4) Of THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 231-
THENCE N89*22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER Of THE NORTHEAST QUARTER
(NE-1/4) Of THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N00058'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF
THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST
QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE N89"01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23,-
THENCE S01005'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION
WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE
NORTH LINE OF SAID FRACTION;
THENCE N89001'53"E ON SAID PARALLEL LINE FOR 663-85 FEET To AN INTERSECTION WITH THE EAST
LINE Of THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER
(SW-1/4) OF SAID SECTION 231-
THENCE N01*10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 106-44 ACRES, MORE OR LESS.
LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK
321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THESOUTHEAST QUARTER
OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89'01'58" EAST.
FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
July 21, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Attn: Martha Vergara, BMR & VAB Senior Deputy Clerk
Dear Ms. Jennejohn:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-19, which was filed in this office on July 21, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270