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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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PriOJ.ECT"
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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-