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Agenda 01/08/2013 Item #17B1/8/2013 Item 17. B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. RZ- PL2009 -25: The Gordon River Greenway Park — an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi- Family District 6 [RMF -6(3)] and Residential Multi- Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by providing an effective date. The 123.6 + /- acre subject property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR -886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. OBJECTNE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to rezone the subject site to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park (GRGP). The proposed Gordon River Greenway Park is a passive park with water quality systems and passive recreation amenities located in an ecological trail corridor. The land is owned by Collier County except the southern portion of the project is proposed on parcels of land owned by Conservation Collier. It is important to understand that a conventional rezoning request is being pursued rather than a rezoning to a PUD (Planned Unit Development). This is a result of a grant that has been received from the Trust for Public Land, which requires that the subject property not have the flexibility that is sometimes associated with a PUD designation. Therefore, the decision was made to apply for a conventional rezoning to (P) with limited uses in order to comply with grant requirements. The proposed GRGP project is the second in a series of Collier County projects designed to create the Gordon River Greenway, a unique passive park along with a water quality system to mitigate and reduce pollution levels in Gordon River and downstream surface waters that flow into Naples Bay, within the Naples /Collier urban area. The GRGP site is being designed to result in two distinct park development areas: a parking lot near the zoo located to the southwest with ingress /egress provisions through a loop roadway Packet Page -2214- 1/8/2013 Item 17.B. originating at the Fleischmann Boulevard /Goodlette -Frank Road intersection; and a parking lot near to the northeast with ingress /egress provisions through a future north/south access roadway originating at Golden Gate Parkway and adjacent to the Bear's Paw golf course. It is noted that the design, permitting and construction of these access roadways to serve the two park development areas are not part of the GRGP project scope herein. Collier County will be providing access to the two development areas pursuant to several developer contribution agreements. Primary components of the GRGP project are generally depicted on the overall site concept plan which accompanies this rezone application and are expected to include: - Stormwater dry detention treatment areas and bio- retention swales - Water control structures - Passive park amenities such as recreational meandering pedestrian walkways, pavilions and boardwalks - Fishing platform - Parking, including shared parking, facilities - Designated environmental preserve areas - Restroom facilities - Pedestrian bridges - Connection points to access roadways by others - Park maintenance building - Canoe/kayak launch facility at the Gordon River - Gopher Tortoise Preserve - Site landscaping - Best management improvements to enhance water quality from stormwater runoff along Golden Gate Parkway. FISCAL IMPACT: The rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Packet Page -2215- 1/8/2013 Item 17.B. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map, and is within the Coastal High Hazard Area. This designation is intended to accommodate a variety of residential and non - residential uses, including parks, recreational facilities, and essential services as defined in the Land Development Code (LDC). The Public Use District (P) is intended to accommodate government facilities that provide essential services, including parks and recreational services facilities. Furthermore, the proposed use is consistent with the Future Land Use Element (FLUE) via Policy 5.5, which encourages the planning for expansion of County owned and operated public facilities and services to existing lands that are designated for urban intensity uses. Comprehensive Planning Staff has reviewed this petition and has found it consistent with the applicable policies of the FLUE. A detailed analysis of the project's consistency with the FLUE is contained in the attached Staff Report. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): The EAC (Environmental Advisory Council) recommends denial, however, staff supports the petition since it complies with all GMP and LDC requirements. Please see `Environmental Advisory Council (EAC) Staff Report" for further information. Comprehensive Planning staff finds the proposed rezoning may be found consistent with the FLUE and the other applicable elements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on May 4, 2011, and recommended denial of the proposed project due in part because the site impacts are located within a Special Treatment (ST) overlay and Conservation zoning designation. The ST overlay requires an ST permit in order to impact environmentally sensitive areas. The proposed alteration or development within the 63.47 acre ST Overlay area will require review before the EAC, CCPC, and BCC approval unless the proposal meets any of the Exceptions from public hearing requirements in LDC 4.02.14. H. The EAC has reviewed a proposed alteration of 5.68 acres with a recommendation for denial. If the proposed alterations are reduced to five (5) acres or less, the planning services director may administratively approve the site alteration or site development plan for land designated ST without a public hearing. If further public hearings are required for the ST Permit, the hearings will be scheduled at the time of Site Development Plan submittal. (See LDC 4.02.14. F.2.) Packet Page -2216- 1/8/2013 Item 17. B. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: This item was heard by the CCPC at the June 2, 2011 hearing, and by a vote of 7 -1 (with Commissioner Caron dissenting) recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. Treatment swales shall be added to walking trails. 2. The preserve area shall remain at 22 acres. 3. Fifty percent or greater of the parking stalls shall be grassed parking. It should be noted that Subsection 4.05.02 B.2. of the LDC (Collier County Land Development Code) only allows churches and schools to have more than fifty percent grass parking. However, the BCC may allow the proposed park to have fifty percent grass parking. Therefore, Condition 3 is subject to the approval of the BCC. Commissioner Caron dissented for the following reasons: 1. The applicant should address the issues bought up by the EAC and the petition should go back to the EAC for their reconsideration. 2. Justification for the number of and type (primary use, grassed, non - grassed) of parking spaces should be provided. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi- Family District 6 [RMF -6(3)] and Residential Multi - Family District 6 [RMF -6(3)] with an ST Overlay Zoning District to the Public Use (P) Zoning District with an ST overlay. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Packet Page -2217- 1/8/2013 Item 17.B. 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.Il], as amended? Packet Page -2218- 1/8/2013 Item 17.B. 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval -STW RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for RZ- PL2009- 25, the Gordon River Greenway Park subject to staff's and the CCPC conditions of approval, which have been incorporated into the attached ordinance. PREPARED BY: Nancy Gundlach, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application 3) EAC (Environmental Advisory Committee) Staff Report 4) TIS (Traffic Impact Statement) 5) Ordinance Packet Page -2219- 1/8/2013 Item 17.13. EXECUTIVE SUMMARY Recommendation to approve a scrivener's error, SE- PL20120002580, amending Ordinance Number 11 -25, which rezoned the Gordon River Greenway Park to the Public Use (P) zoning district, to make a Scrivener's Error correction that the public park is for a passive park. The property is located in Sections 27 and 34, Township 48 South, Range 25 East, Collier County, Florida. (Companion to Agenda item 9.A. PL20120000371 /CP- 2012 -1, GMPA- Gordon River Greenway Park) OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an error wherein the passive park is referred to as solely a public park instead of a passive public park. CONSIDERATIONS: On July 26, 2011, the BCC approved Ordinance Number 11 -25 allowing the rezoning of Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi - Family District 6 [RMF -6(3)] and Residential Multi - Family District 6 [RMF- 6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park. The Executive Summary and the Staff Report both clearly advised the BCC and CCPC (Collier County Planning Commission) that, "The proposed Gordon River Greenway is a passive park with water quality systems and passive recreation amenities located in an ecological trail corridor." The components of the passive park were listed on page 2 of the Executive Summary and page 2 of the Staff Report. Prior to the rezone, the Florida Communities Trust and Collier County entered into a Declaration of Restrictive Covenants recorded in OR Book 4253, Page 713 of the Public Records of Collier County. These restrictions list the use of the property as follows: The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource -based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. Since the BCC intended to limit the use at the July 26, 2011 hearing to a passive use, and because the Restrictive Covenants limit the uses to passive uses, this Ordinance is being processed as a scrivener's error to reconcile the records. FISCAL IMPACT: This action is only to correct errors regarding the previously adopted Ordinance Number 11 -25 that was approved by the BCC. Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original Gordon River Greenway Park rezone petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct a reference to "public" park instead of "passive" park in the Ordinance that was approved by the Board of County Commissioners in Ordinance Number 11 -25. Rev. December 11, 2012 Page 1 of 2 Packet Page -2220- 1/8/2013 Item 17. B. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. An affirmative vote of four is needed for Board approval. (HFAC) RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve a scrivener's error, SE- PL20120002580, amending Ordinance Number 11 -25, which rezoned the Gordon River Greenway Park to the Public Use (P) zoning district, to make a Scrivener's Error correction that the public park is for a passive park. Prepared by: Nancy Gundlach, Principal Planner, Planning and Zoning, Growth Management Division, Planning and Regulation Attachments: Proposed Ordinance Ordinance Number 11 -25 Executive Summary for 7/25/11 hearing Staff Report dated June 2, 2011 Declaration of Restrictive Covenants CP \09- CPS - 00974 \66 Rev. December 11, 2012 Page 2 of 2 Packet Page -2221- 1/8/2013 Item 17. B. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 11 -25, WHICH REZONED THE GORDON RIVER GREENWAY PARK TO THE PUBLIC USE (P) ZONING DISTRICT, TO MAKE A SCRIVENER'S ERROR CORRECTION THAT THE PUBLIC PARK IS FOR A PASSIVE PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6E ACRE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD (CR -851) AND SOUTH OF GOLDEN GATE PARKWAY (CR -886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, on July 26, 2011, the Board of County Commissioners ( "BCC ") approved the rezone of the Gordon River Greenway Park to the Public Use (P) zoning district; and WHEREAS, the staff report presented to the BCC on July 26, 2011 described the project as "a passive park with water quality systems and passive recreation amenities "; and WHEREAS, per agreement with the State, the County is amending the Growth Management Plan to change the Future Land Use Map designation of the Gordon River Greenway Park to the Conservation Designation; and WHEREAS, the County desires to make this scrivener's error correction to ensure the zoning is consistent with the conservation designation of the Future Land Use Map. NOW, THEREFORE, BE IT ORDAINED BY- THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 11 -25 Section One of Ordinance No. 11 -25 is hereby amended to read as follows: The zoning classification of the real property more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference, located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi - Family District 6 [RMF -6(3)] and Words stork tlwough are deleted; words underlined are added. Gordon River Greenway Park 1 Of 2 RZ- PL2009 -25 — Rev. 12/18/12 Packet Page -2222- 1/8/2013 Item 17. B. Residential Multi - Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a 123.6 acre passive public park with an ST Overlay to be known as The Gordon River Greenway Park. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Legal Description CP \09 -CPS- 00974 \67 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. Chairwoman Words strtts& thfough are deleted; words underlined are added. Gordon River Greenway Park 2 of 2 RZ- PL2009 -25 — Rev. 12/18/12 Packet Page -2223- 1/8/2013 Item 17. B. LEGAL DESCRIPTION (O.R.B. 4013, PGS. 0757 -0760) THE SOUTHEAST (SE1 /4) QUARTER OF ,NORTHEAST (NE1 /4) QUARTER AND THAT PART OF THE NORTHEAST (NE1 /4) QUARTER OF THE SOUTHEAST (SE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT –OF –WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF THE GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT –OF –WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT –OF –WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'15'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.55 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT –OF –WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTEb ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT -OF –WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET SOUTH DF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN FLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA); THENCE RUN NORTH 0'17'24" EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. _ -- ._ - - - - -_ — - -- EXHIBIT A Packet Page -2224- 1/8/2013 Item 17. B. AN 4, DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Forms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plot Book 2, Page 2, in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida: And less the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County, Florida, being and lying within Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plot thereof recorded in Plot Book 2, Page 2. in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plot thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company's Little Forms subdivision as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence along the South line, North 8726'09" East 753.94 feet to o point: Thence South 00'21'55" East 334.85 feet to a concrete monument on the south line of said Lot 3 and the Point of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 0(721'55" West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 8738'05" East 729.90 feet to a concrete monument: Thence continue North 8738'05" East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms and the Point of Ending of said described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plat thereof recorded in Plot Book 2, Page 2, Public Records of Collier County, Florida; Commencing at the South 1/4 comer of Section 27, Township 49 South, Range 25 East, Collier County, Florida: Thence North 89'46'OO" East 74.16 feet to a point on the East right —of —way of Goodlette —Frank Road; Thence along said right —of —way North 04.39'15" West 148.44 feet to the North line of said Lot 3; Thence leaving said right —of —way and along the North line of said Lot 3 North 89'40'10" East 761.95 feet to the POINT OF BEGINNING; Thence continue along said line North 89'40'10" East 191.50 feet; Thence South 28.23' 14" West 108.55 feet; Thence South 89 °47'09" West 137.16 feet; Thence North 01.38'39" West 94.94 feet to the POINT OF BEGINNING. And Less That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right— of —woy taking for Goodlette —Fronk Road. (Oetoll *Sr) - -. ,; - Packet Page -2225- 70 ,.. AN A F - COMMISS ONE, RS OFF COLLIER BOARD COUNTYF FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAV - AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN Sf OVERLAY, CONSERVATION (CON), CONSERVATION (COIY� WITH AN ST OVERLAY, COMMERCIAL INTERMEDIATE (Ir = 3), RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF -6(3�j AND RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF -6(3)1 - WITH ST OVERLAY ZONING DISTRICTS TO THE PUBLIC- USE (P) ZONING DISTRICT FOR A PUBLIC PARK WITH AN ST OVERLAY TO BE KNOWN AS THE GORDON RIVER - GREENWAY PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6 + /- ACRE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD (CR -851) AND SOUTH OF GOLDEN GATE PARKWAY (CR -886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ORDINANCE NO. 11- 2 S 1/8/2013 Item 17.13. J WHEREAS, J. P. Marchland, P.E. of Kimley -Horn and Associates, Inc., representing Collier County, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi- Family District 6 [RMF -6(3)] and Residential Multi - Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a 123.6 + /- acre public park with an ST Overlay to be known as The Gordon River Greenway Park! RZ- PI-2009 -25 Revised 7/26/11 1 of 2 Packet Page -2226- 1/8/2013 Item 17. B. Gordon River Greenway Park. The appropriate zoning atlas map or maps, as described in Aft- Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this Q04 day of 2011. ATTEST: DWIGl1T,E. BR0d(,"QLERK ' - r By:� pu Clerk Attost 4 to-0441 I Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description CP109- CPS - 00974`55 Gordon River Green%ay Park / RZ- PL2009 -25 Revised 7!26/11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B "�U- W. Y� FRED W. COYLE, Chai 2 of 2 Packet Page -2227- ,r a ..• � .. , of�t ". i iv of 1/8/2013 Item 17. B. LEGAL. DESCRIPTION (O.R.B. 4013, PGS. 0757 -0760) THE SOUTHEAST (SE1 /4) QUARTER OF NORTHEAST (NE1 /4) QUARTER AND THAT PART OF THE NORTHEAST (NE1 /4) QUARTER OF THE SOUTHEAST (SE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT —OF —WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.N.W. LINE OF THE GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT —OF —WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PACE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT —OF —WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35' EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.$0 FEET; THENCE RUN SOUTH 29'16'45! EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 LAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT -OF --WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTEb ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET' SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTEN SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA); THENCE RUN NORTH (717'24" EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT A Packet Page -2228- 1/8/2013 Item 17. B. DESCRIPTION AN of Lot 97 of Naples Improvement Company's Little Farms, lying South of Golden Gate Parkway, according to the plot thereof recorded in Plot Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plot thereof recorded in Plot Book 2, Pogo 2, in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida: And lees the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County, Florida: being and lying within Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's tittle Forms, according to the plat thereof recorded in Plat Book 2, at Page 2. Public Records of Collier County, Florida. Less and Except That port of Lot 3 of Naples Improvement Company's Little forms subdivision as per plat thereof recorded in Plat Book 2, Page 2. Public Records of Collier County. Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence along the South line, North 89'26'09" East 753.94 feet to a point: Thence South 00'21'55' East 334.85 feet to a concrete monument on the south line of said Lot 3 and the Point of Beginning of the described line: Thence along sold described line and the Westerly boundary of the herein described parcel North 00'2i'55' West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of sold described parcel North 8738'05 East 729.90 feet to a concrete monument: Thence continue North 8738'06' East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Forms and the Point of Ending of said described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Forms subdivision as per plot thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; Commencing at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County. Florida; Thence North 89.46'00° East 74.16 feet to a point on the East right —of —way of Goodlette —Fronk Road; Thence along said right —of —woy North 04139'15' West 148.44 feet to the North line of said Lot 3: Thence leaving said right —of —way and along the North line of said Lot 3 North 8904010" East 781.95 feet to the POINT OF BEGINNING; Thence continue along sold line North 89'40' 10' East 191.50 feet; Thence South 28.23' 14' -West 108.55 feet; Thence South 89.47'09' West 137.16 feet; Thence North 01.38'39' West 94.94 feet to the POINT OF BEGINNING. And Less That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right —of —woy taking for Goodlette —Fronk Road. (Detail 'S') Packet Page -2229- 1/8/2013 Item 17. B. 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 2011 -25 Which was adopted by the Board of County Commissioners on the 26th day of July, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of July, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners,., ; -;;, }, y: Teresa Polar Deputy Clerk Packet Page -2230- 1/8/2013 Item 17. B. AGENDA ITEM 9 -A Coer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION - PLANNING & REGULATION HEARING DATE: JUNE 2, 2011 SUBJECT: PETITION: RZ- PL2009 -25, GORDON RIVER'GREENWAY PARK PROPERTY OWNER/AGENTS: Applicant: Marla Ramsey, Collier County Public Services Administrator Parks and Recreation Department 1500 Livingston Road Naples, FL 34109 Property Owner: Collier County and Conservation Collier 3299 Tamiami Trail East Naples, FL 34112 REOUESTED ACTION: Agent: J.P Marchland, P.E. Kimley -Horn and Associates 2601 Cattleman Road, Suite 200 Sarasota, FL 34232 The petitioner wishes to rezone 123.6± acres from the Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, Conservation (CON), Conservation (CON) with a ST Overlay, Commercial Intermediate (C -3), Residential Multi - Family District 6 with a cap of 3 units per acre [RMF -6(3)] and Residential Multi- Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with a ST Overlay to be known as the Gordon River Greenway Park (GRGP). Portions of the property are also located within Special Treatment Overlay for well fields with designations of ST/W -1, ST/W-2, ST/W -3 and ST/W4, which requires land uses that reduce the potential for groundwater contamination. A companion request for a ST Permit in conjunction with this rezoning request has also been made in order to impact areas within the ST Overlay. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 1 of 18 Revised 5 -17 -11 Packet Page -2231- 1/8/2013 Item 17.B. I ■ ■ ■ v E+i.�innuwl __ arcs m ,na MW Packet Page -2232- Q Z Z 0 N I..L Z 0 U a J N w 0 0 N J a N Z O_ r r W a rh Ma aocs9aLnn ..g ds_ IL ll LLI raTnno £ ¢ O J IL 0 (�c -an) a5 •aa Damna -unman i 77 zu:; 0. a 2 3 i '. (199 'a�) Ov9a NNVa3 311319D07 ^ era s6 n gill (ie s'N wru aMnrvi GULF OF l/SXICO Packet Page -2232- Q Z Z 0 N I..L Z 0 U a J N w 0 0 N J a N Z O_ r r W a �8 Y 3 z U W Cal Z LU J 0 I Ii � I g � 3 i 3�3 g� iiii fill Jul � I 1 1 i 1/8/2013 Item 17.B. Iw 6 1 1 Offin / ji4e$ n33 ll :1 I 3 rw u� m �� rOn19 l3 6 NNMHDSG t1 Cf o g o / Q ie v2 a aw �o .�n awar iiii fill Jul � I 1 1 i 1/8/2013 Item 17.B. Iw 6 1 1 •_ — oaaaeramom yv ^�o.z unc ua. u+�m e.n+�wa ieo+er�._ec -.•»•� Packet Page -2233- N w U Z g W d jra aW U �O U W O a kn W� >Q Z� itW ui e� �g iG x s�Z� B�QA f Offin / ji4e$ n33 ll :1 I 3 rw u� m �� rOn19 l3 6 NNMHDSG t1 Cf o g € Q W ' O O O O &5 C •_ — oaaaeramom yv ^�o.z unc ua. u+�m e.n+�wa ieo+er�._ec -.•»•� Packet Page -2233- N w U Z g W d jra aW U �O U W O a kn W� >Q Z� itW ui e� �g iG x s�Z� B�QA f 1/8/2013 Item 17. B. GEOGRAPHIC LOCATION: The subject 123.6± acre property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR -886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on proceeding page.) PURPOSEMESCRIPTION OF PROJECT: As described in the narrative statement included in the application, the petitioner proposes to rezone the subject site to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park (GRGP). The proposed Gordon River Greenway Park is a passive park with water duality systems and passive recreation amenities located in an ecological trail corridor. The land is awned by Collier County except the southern portion of the project is proposed on parcels of land owned by Conservation Collier (see labels on the preceeding Site Concept Plan) As depicted on the preceeding "Overall Project Site Concept Plan," is generally bounded on the north by Golden Gate Parkway and a vacant residential multi - family parcel owned by Caribbean Ventures LLC; to the east by a currently vacant residential parcel owned by Caribbean Ventures LLC, by the Bear's Paw Country Club, by the Golden Gate Canal and by the Naples Airport; to the west by the Naples Zoo, The Conservancy of Southwest Florida, the Gordon River and a vacant residential parcel; a vacant non - agricultural parcel and Goodlette Arms, LLC; and, to the south by the Gordon River and The Commons Professional Park. The subject site was previously zoned RO (Recreation Open Space), C -3, A -2, and RMF -6. When Collier County created the Collier County Land Development Code in 1991, it created new zoning districts and eliminated others with the adoption of the new code (Ord. 91 -102). The RO and A -2 designations of the subject property were changed to CON and A and the C -3 and RMR-6 district designations remained. RO is the closest zoning district in zoning Ordinance 82 -2 to the present CON district under the Land Development Regulations. The previous RO designation allowed for more intensive recreational uses than the requested P designation. It is important to understand that a conventional rezoning request is being pursued rather than a rezoning to a PUD (Planned Unit Development). This is a result of a grant that has been received from the Trust for Public Land, which requires that the subject property not have the flexibility that is sometimes associated with a PUD designation. Therefore, the decision was made to apply for a conventional rezoning to P with limited uses in order to comply with grant requirements. The proposed GRGP project is the second in a series of Collier County projects designed to create the Gordon River Greenway, a unique passive park along with a water quality system to mitigate and reduce pollution levels in Gordon River and downstream surface waters that flow into Naples Bay, within the Naples /Collier urban area. The GRGP site is being designed to result in two distinct park development areas: a parking lot near the zoo located to the southwest with ingress /egress provisions through a loop roadway originating at the Fleischmann Boulevard /Goodlette -Frank Road intersection; and a parking lot near to the northeast with ingress /egress provisions through a future north /south access roadway RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 4 of 18 Revised 5 -17 -11 Packet Page -2234- 1/8/2013 Item 17. B. originating at Golden Gate Parkway and adjacent to the Bear's Paw golf course. It is noted that the design, permitting and construction of these access roadways to serve the two park development areas are not part of the GRGP project scope herein. Collier County will be providing access to the two development areas pursuant to several developer contribution agreements. Primary components of the GRGP project are generally depicted on the overall site concept plan which accompanies this rezone application and are expected to include: Stormwater dry detention treatment areas and bio- retention swales Water control structures Passive park amenities such as recreational meandering pedestrian walkways, pavilions and boardwalks Fishing platform Parking, including shared parking, facilities - Designated environmental preserve areas Restroom facilities Pedestrian bridges Connection points to access roadways by others Park maintenance building Canoe/kayak launch facility at the Gordon River Gopher Tortoise Preserve Site landscaping Best management improvements to enhance water quality from stormwater runoff along Golden Gate Parkway. SURROUNDING LAND USE AND ZONING: North: Golden Gate Parkway, then Freedom Park, Caribbean Gardens Zoo, and single - family residential development, which have a zoning designation of Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, RMF -6, and Commercial Intermediate (C -3) East: Golf course, single- family, multi- family development, and an airport, which have a zoning designation of Rural Agriculture (A), Rural Agriculture (A) with a ST Overlay, Planned Unit Development (PUD), City of Naples Zoning District PD and General Commercial (C -4) South: vacant undeveloped land, the Conservancy of South West Florida, and office buildings which have a zoning designation of Commercial Intermediate (C -3), Conservation (CON), CON with a ST Overlay, and City of Naples Zoning District PD West: Gordon River, vacant undeveloped land, offices, single- family, the Conservancy of Southwest Florida and the Carrbbean Gardens Zoo, which have a zoning RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 5 of 18 Revised 5 -17 -11 Packet Page -2235- 1/8/2013 Item 17.13. designation of Rural Agriculture (A), Rural Agriculture with a ST Overlay, Conservation (CON), CON with ST Overlay, Residential Single- family (RSF -4), RSF-4 with a ST Overlay, Residential Multi - family (RMF -6 and RMF -16) and City of Naples Zoning District PD and C4 RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 6 of 18 Revised 5 -17 -11 Packet Page -2236- 1/8/2013 Item 17. B. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map, and is within the Coastal High Hazard Area. This designation is intended to accommodate a variety of residential and non - residential uses, including parks, recreational facilities, and essential services as defined in the Land Development Code (LDC). The Public Use District (P) is intended to accommodate government facilities that provide essential services, including parks and recreational services facilities. Furthermore, the proposed use is consistent with the Future Land Use Element (FLUE) via Policy 5.5, which encourages the planning for expansion of County owned and operated public facilities and services to existing lands that are designated for urban intensity uses. Capital Improvement Element (CIE) Objective 3 states: "Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities, as described in Policy L 1 above, needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the maintenance of existing public facilities and beach renourishment, and may include beach, shore and waterway access." In addition Policy 3.3 states: "The County shall continue to support public access to beaches, shores and waterways." (The proposed park would include and allow public access to the Gordon River through a system of pedestrian trails that features bridges over the river, and direct access to the Gordon River through a kayak launch facility.) Recreation and Open Space (ROSE) OBJECTIVE 1.3 states that: "Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. (The proposed Rezone request is to allow a public park intended for passive recreational uses and amenities that includes a system of pedestrian trails and public access to the Gordon River through a kayak launch area.) ROSE OBJECTIVE 1.6 states that: "Whenever possible and practical, utilize County owned property for recreational uses" (The public park is proposed on County owned property.) Conservation and Coastal Management Element (CCME) OBJECTIVE 10.2 states: "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition" (The proposed project is consistent with the aforementioned Objective, as well as Policies 10.2.3 and 10.2.4.) Conservation and Coastal Management Element (CCME) OBJECTIVE 12.2 states: "The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; (Criterion met. The proposed project is consistent with the aforementioned Objective, as well as Policies 10.2.3 and 10.2,4. Additionally, the applicant sustains that the proposed habitable structures will be built at a minimum RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 7 of 18 Revised 5 -17 -11 Packet Page -2237- 1/8/2013 Item 17. B. ,finished floor elevation of 7 feet, which is the minimum elevation required for the subject property by the current FEMA Flood Zone Base Flood Elevation (AE7) map.) b. maintaining a protective zone for wildfire mitigation; (Criterion met The proposed project site retains existing wetlands and proposes opens space that will serve as a wildfire "ire protective zone. In this regard, these strategies are consistent with those included in the "Wildfire Mitigation In Florida Land Use Planning Strategies and Best Management Practices "published by the Florida Department of Community Affairs.) c. installation of on -site permanent generators or temporary generator emergency connection points; (Criterion not applicable. The applicant sustains that emergency power generators are not necessary for the proposed park structures. Staff is of the opinion that this criterion is not applicable because the proposed structures will not serve as public emergency shelters.) d, beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; (Criterion met. The applicant sustains that this criterion is not applicable. However, staff is of the opinion that `Protective actions to minimize the loss of structures from future events" is a criterion that must be addressed. In this regard, the Florida Building Code and the Florida Fire Prevention Code include requirements that addresses this criterion.) e. emergency road repairs; (Criterion met The applicant notes that the proposed project minimizes the amount of road construction through the use of shared access points and parking areas.) f. repair and /or replacement of publicly owned docking facilities, parking areas, and sea walls, etc." (Criterion met The applicant states that publicly owned facilities will be designed to industry and County standards to minimize maintenance and repair needs.) Based upon the above analysis of proposed uses, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Transportation Planning Staff offers the following: Goodlette Frank Road Impacts: The first concurrency link that is impacted by this zoning amendment is Link 26.0, Goodlette- Frank Road (CR -851) between Golden Gate Boulevard and US-41. The proposed amendment generates only 11 additional p.m. peak hour, peak direction trips, which represents a 0.31 percent impact on Immokalee Road. This segment of Goodlette Frank Road currently has a remaining RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 8 of 18 Revised 5 -17 -11 Packet Page -2238- 1/8/2013 Item 17. B. capacity of 1,478 trips, and is currently at LOS "B" (Level of Service "B ") as reflected by the 2010 AUIR (Annual Urban Inventory Report). Golden Gate Parkway Impacts: The next concurrency link that is impacted by this zoning amendment is Link 19.0, Golden Gate Parkway from Goodlette -Frank Road to Airport Road. The proposed amendment generates only 21 additional p.m. peak hour, peak direction trips, which represents a 0.48 percent impact on Golden Gate Parkway. This segment of Golden Gate Parkway currently has a remaining capacity of 1,088 trips, and is currently at LOS "C (Level of Service "C ") as reflected by the 2010 AUIR (Annual Urban Inventory Report). No subsequent concurrency links are significantly impacted by this proposed project. Conservation and Coastal Management Element: Please see Attachment A: 'Environmental Advisory Council (EAC) Staff Report." ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria on which a determination must be based. These criteria are specifically noted in Section 10.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as part of the Zoning and Land Development Review provided below. Transportation Review: Transportation Department Staff has reviewed the petition for compliance with the GMP and the LDC and is recommending approval. Environmental Review: Environmental Services Department Staff has reviewed the petition to address any environmental concerns. This petition was required to submit Environment Data and was heard by the Environmental Advisory Commission (EAC) on May 4, 2011. The EAC recommended denial of the proposed project due in part because the site impacts are located within a Special Treatment (ST) overlay and Conservation zoning designation (see below). The ST overlay requires a companion ST permit in order to impact environmentally sensitive areas as discussed below: Special Treatment (ST} Zoning Overlay — companian. item PL 2011 -677 The proposed project has a Special Treatment (ST) Overlay district designation on approximately 63.47± acres of the overall 123.6± acre project site. As a companion to the subject rezone request, an ST permit application is being reviewed as part of the public hearing process. Section 2.03.07.D. of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Within the County there are certain areas, which because of their RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 9 of 18 Revised 5 -17 -11 Packet Page -2239- 1/8/2013 Item 17. B. unique assemblages of flora and /or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County......... The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources......." Including temporary impacts, the total proposed altered area within the ST overlay district is 5.68± acres (9 percent), with 1.81± acres of that being proposed impervious area. Temporary impacts include a two -foot wide temporary construction impact area along both outside edges of the boardwalk, a total of 12 feet of temporary construction impact along the asphalt trails, and potential excavation for utility piping /tie -in. Within the ST overlay area, the following are proposed: The Northeast Development Node with its associated restroom, maintenance storage building, pavilion, parking, stormwater treatment areas, landscaping, and ancillary facilities. • Passive park amenities such as recreational multipurpose pedestrian/bicycle trails, boardwalks, associated shade structures, and lighting. • Fishing platform. • A water quality treatment facility to enhance water quality from stormwater runoff along Golden Gate Parkway. • Utility piping for water, sewer, and stormwater. • Pedestrian bridge. • Exotic plant removal. The design of the project has minimized wetland impacts by locating the parking area within wetlands of poor quality and as close to Golden Gate Parkway as possible. The overall proposed GRGP project includes over 100± acres of undeveloped upland and wetland habitats, including a 22.2± acre preservation area. As a result of the proposed project, approximately 91 percent of the ST overlay area will remain unaltered except for the removal of exotic plants. Therefore, staff is in agreement with the applicant in stating that "the project will achieve the conservation goals envisioned with the original designation of a general conservation ST Overlay in this area" Final action on the site alteration plan requested with the Special Treatment Permit lies with the Board of County Commissioners. Conseniation. (CON) Zoning As stated in section 2.03.09.B. of the Land Development Code (LDC), the purpose and intent of the Conservation District (CON) district is "to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public.... It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or RZ- PI 2009 -25, GORDON RIVER GREENWAY PARK Page 10 of 1.8 Revised 5 -17 -11 Packet Page -2240- 1/8/2013 Item 17.B. unacceptably altered. The CON District corresponds to and implements the conservation land use AOWG designation on the future land use map of the Collier County GMP." To provide a brief history of the property, the site was previously zoned RO (Recreation Open Space), C -3, A -2, and RMF -6. When Collier County created the Collier County Land Development Code in 1991, it created new zoning districts and eliminated others with the adoption of the new code (Ord. 91 -102). The RO and A -2 designations of the subject property were changed to CON and A and the C -3 and RMF -6 district designations remained. RO is the closest zoning district in zoning Ordinance 82 -2 to the present CON district under the Land Development Regulations. The previous RO designation allowed for more intensive recreational uses than the requested P designation. The applicant_has requested that the CON zoning designation be rezoned to P (Public. Use) zoning designation for use as a public park. The gopher tortoise in this area will be required to be relocated prior to impacts in accordance with the FFWCC regulations. Stormwater Manazement Review: Stormwater Management Review Staff (Engineering) has reviewed this petition and has not voiced any concerns or offered any comments. Utilities Review: Public utilities staff has reviewed this petition and has no objection. According to the current 2008 Water and Wastewater Master Plan Updates, the project location is not within the Collier County Water - Sewer District Service Area. This petition is located within the City of Naples water and service area. The City of Naples has reviewed the subject site and will allocate water and sewer service when the future development of the property has received final City approval. Zonink and Land Development Review: According to LDC Section 2.03.05 AAa., the park, recreational service facilities and parking amenities are permitted uses in the P zoning designation. Zoning Staff has evaluated the uses proposed and their intensities; the development standards such as building heights, setbacks, landscape buffers; the amount and type of open space and its location; and traffic generation/attraction of the proposed uses. In addition to residential and PUD zoning, the subject property is primarily surrounded by agricultural zoning on three sides— north, east and west as well as residential and City of Naples PD zoning. To the north and west the lands are developed with the Freedom Park, the Carribean Gardens Zoo and the Conservancy of Southwest Florida as well as residential and office uses. To the east is a golf course, the Golden Gate Canal, residential uses and the Naples Airport. Most of the proposed trails are internal to a heavily vegetated site and will have little impact to the surrounding properties. The proposed parking areas are located adjacent to public and private access ways. If the rezoning is approved, the developer will be required to provide the minimum landscape buffers as provided for in the LDC in effect when future development is sought. At the present time, proposed parking areas would that abut access ways would be required to provide a Type D buffer, which is a 20 -foot wide landscape buffer with trees spaced no more than 30 feet on center and a 2 -foot height hedge. The P zoning designation allows 35 -foot height buildings. While the GRGP will be open during daylight hours only, there will lighting. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 11 of 18 Revised 5 -17 -11 Packet Page -2241- 1/8/2013 Item 17. B. The chart below compares the site development criteria of the existing zoning districts (RT and CON) and the proposed zoning district (P). Excerpts from LDC Site Design Standards Tables (LDC Section 4.02.01.A) Zoning District Front Yard Side 'Yard Rear Yard Lot Area LatWidth Building Height Setback Setback 1 Setback, 11 Maz inum Public 50* 50* 50* None None 35 * CON 50 50 50 5 acres 150 35 RSF -4 25 7.5 25 7,500 SF 75 35 6,500 SF, 60 12,000 SF 80 for a RMF -6 25 and 30 duplex, 35 5,500 per 100 unit for 3+ units 50% of 50% of 50% of RMF -16 building building building 43,560 150 75 height or height or height or 30' min. 15' min. 30' min. All numbers shown are the required minimum amounts except as noted All numbers shown are in feet unless otherwise noted The limitations of the P zoning district are tied to the most restrictive adjacent district -- in this case the CON district is the deciding factor The table and its footnotes show the rezoning to the P zoning district will increase the required setbacks. According to LDC Subsection 2.03.05.A, the purpose and intent of public use district (P) is to: Accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. The proposed use is consistent with the purpose and intent of the proposed zoning district. LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Conunissioners... shall RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 12 of 18 Revised 5 -17 -11 Packet Page -2242- 1/8/2013 Item 17. B. show that the planning commission has studied and considered proposed change in relation to the following when applicable." Staffs responses to these criteria are provided in non - italicized font: Rezone Findings: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally further the goals and objectives of the FLUE. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by a park use to the north, a golf course to the east, Gordon river to the south and a zoo and the Conservancy of Southwest Florida to the west along with residential, office, and an airport uses. The uses proposed in this petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district because, as noted above the parcel is surrounded by a park, a zoo, a golf course and the Conservancy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed zoning boundaries follow the property ownership boundaries. The location map on page two of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; it is being requested in compliance with the LDC provisions to seek such changes. The proposed zoning change is appropriate because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The proposed park is the connection between Freedom Park to the north and the greenway along the Gordon River to the south located in the City of RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 13 of 18 Revised 5 -17 -11 Packet Page -2243- 1/8/2013 Item 17. B. Naples. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the project at this time. This project was evaluated for GMP consistency as shown in that section of this report. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The development that the rezoning could allow should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. This development should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Since the proposed change is deemed to be consistent with the GMP and LDC, staff is of the opinion that property values should not be adversely affected. This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 14 of 18 Revised 5 -17 -11 Packet Page -2244- 1/8/2013 Item 17. B. development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There is no reason the property could not be used in accordance with existing zoning. Any petition for a change in. land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed development complies with the GMP requirements for the uses proposed. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the proposed zoning district would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 15 of 18 Revised 5 -17 -11 Packet Page -2245- 1/8/2013 Item 17.B. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Based upon the above analysis, staff is of the opinion that the proposed change to the Public Use (P) Zoning District is not anticipated to have an adverse effect upon the surrounding area if it is limited to the following condition of approval: 1. The land use is limited to parks, recreational services and parking facilities. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION: The EAC heard this petition on May 4, 2011, and voted 5 -0 to deny this petition. However, the E,AC could recommend approval subject to the following stipulations: Include /incorporate a filter marsh. 2. Include pervious pathways. 3. Provide a parking analysis to evaluate whether all of the impacts are required in the Zoo node parking lot (which is to be placed within existing Conservation zoning and Gopher Tortoise habitat). For further information, please see Attachment A: "Environmental Advisory Council Staff Report." NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on March 2, 2011. Please see Attachment B: "Neighborhood Information Meeting Synopsis." COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on May 12, 2011. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 16 of 18 Revised 5 -17 -11 Packet Page -2246- 1/8/2013 Item 17.B. STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPQ forward petition RZ- PL2009 -25 to the Board of County Commissioners (BCC) with a recommendation of approval with the following condition: 1. The land use is limited to parks, recreational services and parking facilities. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 17 of 18 Revised 5 -17 -11 Packet Page -2247- PREPARED BY: OAMI'�� &AMd14& NANCY U AtH, AICP, PRINCIPAL PLANNER GROWTH A ATEMENT DIVISION REVIEWED BY: '/�" K RAY ND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION r jft,L1AM D. LO "NZ, Jr. .E., DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: (4 ° "z u Y NICK CASALANblJIDA, DEPU ADMINISTRATOR GROWTH MANAGEMENT DIVISION 1/8/2013 Item 17. B. Y)1 lD 2D1 4Te DATE DATE DATE Tentatively scheduled for the June 28, 2011, Board of County Commissioners Meeting RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 18 of 18 Revised 5 -11 -11 Packet Page -2248- Lly This document prepared by. Kristen L Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 1/8/2013 Item 17.13. 4042169 OR: 4o3 ru; viii RICORDND iD O1IICIR R MO$ of COLLIIR COUNTY, 1L 01/03/2001 at 01:15Ptl DVIGHT 1. BROCL, CLBRL RIC. 111 120.50 Neu; HAITI L PUBLIC SBRVICBS INTN1011IC1- BLDG B 2ID 1L IITT1: MANDL TOIIISIID FLORIDA CONIMUNTTIES TRUST FF6 AWARD #06- 043 -FF6 FCT Contract #07- CT- 96- 06 -F6-J 1 -043 GORDON RIVER GREENWAY PARK DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA CON94UNITIES TRUST ( "FCT" ), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, a political subdivision of the State of Florida ( "Recipient "). THIS AGREEMENT IS WHEREAS, the intent proceeds of certain bonds, h ' described in Exhibit "A" b ensure compliance with a li implement the provisions o e WHEREAS; Chapter`,+ non - regulatory agency within I local governments in bringing i open space, and coastal elements resolving land use conflicts by F environmental organizations to Communities Trust Act; THE FOLLOWING FACTS: is to impos `t \ and conditions on the use ofthe e lan quired with such proceeds, as ect Site "), that are necessary to c e tax law and to otherwise • 1 380, Part III, Florida Statutes; Part III, Fla. Stat., �FF1dri unities Trust Act, creates a artment of Comm ( "Department') that will assist Hance and impl a the conservation, recreation and r in conserving natural resources and ovi co ce to local governments and nonprofit carry out projects and activities authorized by the Florida WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty -two percent (22 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community -based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax - exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; DR006 -043 -FF6 6/6/2007 Packet Page -2249- ti M 0 N M T- OR: 4253 PG: 0714' WHEREAS, Rule 9K- 7.009(1), Florida Administrative Code ( "F.A.C.'), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XU of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund (`Trustees") upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in cons MIM' herein, and other good and valu sideration, acknowledged, FCT and the R i � t do hereby contract I. PERIOD OF 1. This Agre t hill restrictions contained herein with e . to, FCT and the Recipient an _ . respective H. MODIFICATION OF ants and undertakings set forth sufficiency of which is hereby as follows: parties. The covenants and ad, and the benefit shall inure 1. Either party may reque —' of �- tthe provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental DRC106- 043 -FF6 6/6/2007 1/8/2013 Item 17.B. OR: 425,1 YG: U / n Protection shall forward this Agreement to the Department of Environmental Protection Bond owk Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax- exempt status of the Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2 100 ATM: P p�r ` r Recipient: A 2. In the event resen .ve or, is designated ,� � grated for paragraph 1. above after execution of this ent, notice of the �e be rendered to FCT as provided in paragraph 1. above. �., *� V. PROJECT SITE T CHAPTER 375 AND FLA. STAT. BY CHAPTER 259, 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization., the Florida Division ofForestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water DRC\06- 043 -FF6 6/6/2007 3 Packet Page -2251- M ti E a) M 0 N 00 OR: 4253 PG: 0716 Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat ofthe exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance Proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any ofthe covenants and restrictions of this Agreement concerning the construction and operation ofthe Project Site. VI. MANAGEMENT OF PROAC_'\ 1. The Project Si enhancement ofnatural and public outdoor recreation, al nj purpose. The proposed uses or approved by FCT. 2. The Recipient Site is for a category dedic appropriate. If an amendment to be proposed at the next compreh 4toe d only r e conservation, protection and ompa 'ble assive, natural resource -based u es r the accomplish ment of this a d) siggated in the Management Plan ensure that the fu u `gnation assigned to the Project open space, co r outdoor recreation uses, as ;icable compreh is required, the amendment shall E ^� available to the Recipient. 3. The Recipient shall ensure, and pro provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. S. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements and signs shall require the prior written DRC106- 043 -FF6 6/6/2007 1/8/2013 Item 17.B. OR: 4ios ru: um approval ofFCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, al rnProvements, signs, vegetation removal or land alterations will not adversely impact the natur resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT.. 7. If archaeological and historic sites are located on the Pject Site, the Recipient sh comply with Chapter 267, Fla Stat. The collection of artif ro acts from the projec all disturbance of archaeological and historic sites on the t Site or the Project Site shall be prohibited unless prior Resources. written authorization has been obtained from the Department of State, Division of Historical 8. As required byRule 9K- 7.013, F.A.C., each year after FCT reimbursement ofproject Costs the Recipient shall prepare and submit to FCT an annual stewardship Progress made on implementing the Management Plan. report that documents the VII. SPECIAL AIANAGEME Q�''.�, The Management Plan for the p j site is mentioned thro ' o this Agreement, and is Particularly described in Secti ve. o the o conditions already described in this Agreement, hi a IV t s Plan shall address the folio fimds, the Management either representations made " th n�li -tin iv c ints or observations made a Oct j site and result from by the FCT staff during the si a en K_ 1; .A.C.: 1. Two or more resourc � � launch, outdoor Mc including a canoe/kayak h, picnic pavilions and trail a provided. The shall be developed in a manner that allows the general pub environmental resources on the project s' ervation and appreciation of the g harm to those resources. 2. Two or more user- oriented outdoor recreational facilities including playgrounds and ball fields shall be provided within 1,000 of the project site. Public walkways and pedestrian crossings shall be provided to allow for safe connection between the project site and user_ oriented facilities within 1,000 feet of the project site. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 3. A permanent recognition sign, a minimum size of 3' x 4', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 4. Interpretive signage shall be provided to educate visitors about the natural environment of the project site. DRC \06- 043 -FF6 6/6/2007 Packet Page -2253- W r+ E a) M Ir- 0 N 00 r OR; 4253 PG; 0718 5. At least 12 regularly scheduled and ongoing educational classes or programs per year that promote the protection of environmental resources shall be provided at the project site. 6. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 7. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long -tern viability of these communities. S. The project site shall be managed in a manner that will protect and enhance the listed and non -listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 9. The location and design of an shall be designed to have minimal impacts on natural resources. The gate pervious materials wherever feasible. 0 10. The quality of surface V h ed by a tallation of stormwater facilities on the project site at d e space in a park like setting. The development of the sto w er f s h c t th the South Florida Water Management District. n 11-4 11. Any proposed sto r" ter facility for the ec sit ~ 1 be designed to provide recreation open space or wildh itat. /r 12. A comprehensive lands landscaping plan will make significant for the project site. The 13. An ongoing monitoring and control program for invasive vegetation including exotic (non - native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. site. 14. A feral animal removal program shall be developed and implemented for the project 15. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that DRC\06- 043 -FF6 6/6/2007 1/8/2013 Item 17. B. OR; 42DJ rv; U 117 area. All planned activities involving (mown archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historical Resources for the protection of known historic sites located on the project site. 16. Sidewalk access to the project site shall be provided that links the project site with adjacent residential neighborhoods. 17. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 18. The development and management of the project site shall be coordinated with the agencies managing the multi jurisdictional recreational trails in Collier County, to ensure the project site is managed as part of a linked trail system. 19. The project site shall be within the County's designated Gpi, VIII. OBLIGATIONS PROCEEDS as part of an ecological corridor TO THE USE OF BOND 1. FM s auiho riz b S 'o ti 8 fl 1 a. im ose conditions for funding on the Recipient in order to ens es ents for the use of Florida Forever Bond proceeds incl without limitatio e p vi ' of the Internal Revenue Code and the regulations promulga ereunder as the to exempt bonds. 2. The Recipient a owled Blow listed twmactions, events and circumstances, collectively referred sa cs activities," may be disallowed on the Project Site as they may have negative leg consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site by a non - governmental person or organization; DRC\06- 043 -FF6 6/6/2007 7 Packet Page -2255- ti E co 0 N 00 OR; 4253 PG; 0720 C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non - governmental person or organization; d. any use of the Project Site by a non - governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non - governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, remain subject to any of the disal . provided for in paragraph H" a transactions, events or circ tan requests in order to evaluat frt activities. 4. In the event allowing others to engage, immediately cease or cause th from FCT. In addition to all oth seek temporary and permanent i Project Site. fleast � a Recipient and/or the Trustees, is to ities, ent shall provide notice to FCT, as sixty (60 days in advance of any such rovi F uc ' ormation as FCT reasonably th *gal tax ns uences of such disallowable any Anis Recipient is engaging, or vable activitl on a ect Site, the Recipient shall i of the disall 1 'es upon receipt of written notice and remedies at Ia ' uity, FCT shall have the right to ainst the or any disallowable activities on the DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL, PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WELL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure DRC\06- 043 -FF6 6/6/2007 1/8/2013 Item 17. B. OR: 4203 rv, UlLl of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources ofState financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirement ein, the Recipient shall ensure that the audit complies with the requirements o e ti Stat. This includes submission of a reporting package as defined on 215.97(2)F Stat. and Chapter 10.550 (local government entities) or 10.65 (n rofit organizati ons), es the Auditor General. 3. If the Recipi nt 1 to ancial assistance in its fiscal year, an audit conducted ' ac ran o o S lion 215.97, Fla. Stat. is not required. If the Recipient 1 t h u ' nduc in L dance with the provisions of Section 215.97, Fla. Stat., t the a t m e pat o n -State funds (i.e., the cost of such an audit must be paid ecipient funds not a State entity). 4. The annual finan t report shall inc� anagement letters, the Recipient's response to all findings, includin taken, and a schedule of financial assistance specifically identifying all et other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 DRC106- 043 -FF6 6/6/2007 9 Packet Page -2257- LN ti Ir- E M Irl- 0 N 00 r- OR: 4253 PG: 0722 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year p be retained until the litigation or audit findings have been resolved. - 7. The Recipien' t ve all audits complet in accordance with Section 215.97, Fla. Stat. performed by an dep d ert acco tat(" IPA') who shall either be a certified public accountant or a C apter 473, Fla. Stat. The IPA shall state that the audit co pli a no above. X. DEFAULT; RE A 1. If any essenti or condition of t[i on of Restrictive Covenants is violated by the Recipient or by s . d party with the 1 ge of the Recipient, the Recipient shall be notified of the violation b ersonai delivery, registered mail or registered expedited service. The reci ' h ently commence to cure the violation or complete curing activities within thirty (3 0) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status Of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division ofForestry, the Florida Fish DRC106- 043 -FF6 6/6/2007 10 1/8/2013 Item 17.B. OR; 42ji rv; ut4i and Wildlife Conservation Commission, the Department of Environmental protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such Property in accordance with Section 380.508(4)(e), Fla. Stat. XL STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereo f, s in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees Law 101 -336, 42 U.S.C. Section Public and private entities o accommodations, transportati . S 4. A person or in conviction for a public enti contract to provide any goopublic entity for the constru bids on leases of real propert contractor, supplier, subcontractc transact business with any public the date of being placed on the cc W cans With Disabilities Act (Public S), if app 0 hich prohibits discrimination by of disability the areas of employment, public ���nent s 'cis, and in telecommunications. utl -ca n on cted vendor Iist following a Org o e st may not submit a bid on a t tY t mit a bid on a contract with a pair of a public b or c work, may not submit lease public entity, m t arded or perform work as a xnsultant under a c ith a public entity, and may not #� wo for a period of 36 months from t lag a discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation ar any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. DRC\06- 043 -FF6 6/6/2007 11 Packet Page -2259- ti T- E N M 0 N 0 OR: 4253 PG: 0724 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: COLLIER COUNTY, a political subdivision of the SAte o£FloridiO 0 Date: 47 Ap Mj nd By: .- Print ame: STATE OF FLORIDA COUNTY OF COLLIER Cpl 0 The foregoing instrument knowledged before m Y 2007, by g on��the Lo known to me. Lul, Lei !�� DRC106- 043 -FF6 6/6/2007 12 day of Tg l G , unent, and who is personally wed 0. in Expires: srnLEEN QNVWM �. Mfr COMESSION 4 no 631090 EXPIRES May 26.2011 Bw4wTuuNo" PW*udW"bM Witness: .-7 -- STATE OF FLORIDA COUNTY OF LEON The foregoing instrument 2007, by Janice Browning, D personally known to me. / DRC106- 043 -FF6 6/6/2007 1/8/2013 Item 17. B. OR: 4i3s ru: u i n TRUST By.-_ �^ n' e B wnfng, tor, vision of in and Conu umty D elopment Date: Approve 'o rm and Legality: By: `� Kristen L. Coons, Trust Counsel is day of She is 13 Packet Page -2261- DESCRIPTION EXHIBIT ON' ** OR: X253 PG: 0726 All of Lot 97 of Naples Improvement Company's Little Forms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plot Book 2, at Page 2, Public Records of Collier County, Florida. A and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida; And North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County . Florida; being and lying within Lot 97 of Naples Improvement Company's .de Forms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in 1201 Public Records of Collier County, Florida. ti r-- tether with: E) South 311.25 feet of Lot 3 of Naples Improvement Company's Little Farms, according +) the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, M rida. T- C:) s and Except 04 1t port of Lot 3 of Naples Improvement Company's bdivisian as per plat 00 -- reof recorded in plat Book 2, Page 2, Public r + 11�r Florida. Lying terly and Southerly of the following describe life, /-"""'- -., K Commencing at a concrete monument at 49 South, Range 25 East, Collier County, Thence along the South line of said Nortl 00'21'55" East 334.85 feet to a concret the Point of beginning of the descri bed ii Westerly boundary of the herein descri 1 -ete monument at the Northwest co 11 Abed line and the Northerly bounda 729.90 feet to a concrete monument; Th more or less to the Easterly boundary of and the Point of Ending of said described And 9oVh 1/4 corner of Secti X27, Township d,P &l st 3 9 "tb a point Th cc South iument on uth Ii of L J3 and 0 1 c 11 and the :e No h 1 t 1 5 feet to f of e c a el; n e said es p Nort 3 ' East continue North 893 5" E st feet NAPLES IMPRO C 'S FARMS A portion of ,Lot 6, Naples Improvement Company' thereof recorded in Plat Book 2, at Page 2, Public F Being more particularty described as follows: to the plat ty, Florida. Beginning at the Northwest corner of said Lot 6, run South along the West line of said Lot 6 for 60 feet; thence run East parallel with the North lot line of said Lot 6 for 983 feet; thence run South parallel with and 50 feet (measured to right angles) North of the South line of said Lot 6; thence run East parallel with said South line for 717 feet, more or less, to the waters of Gordon River Canal; thence run Northeasterly for 280 feet, more or less, along the waters of said Canal to the North line of said Lot 6; thence run West along the said North line of Lot 6 for 1,697 feet, more or less, to the point of beginning. _ess and Except the Westerty 20 feet of Lot 6, Naples Improvement Company's Little Farms, according to :he plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, lorida. As Described in Official Records Book 66, page 432 of the Public Records of `nll ;— (`ni,n +v F'Inrvin DRC106- 043 -FF6 6/6/2007 14 1/8/2013 Item 17. B. 28D )) Wednesday, December 19, 2012 )) NAPLES DAILY NEWS kw. I Hal 11114 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 8,.2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 fast Tamiami Trail, Naples, Florida, the Board of County Commissioners will :consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 1.1 -25, WHICH REZONED THE GORDON RIVER GREENWAY PARK TO THE PUBLIC USE (P) ZONING DISTRICT, TO MAKE A SCRIVENER'S ERROR CORRECTION THAT THE PUBLIC PARK IS FOR A PASSIVE PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6+/ ACRE SUBJECT :PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE- FRANK'ROAD (CR -851) AND. SOUTH OF GOLDEN GATE PARKWAY (CR -886), IN SECTIONS 27 AND 34, TOWNSHIP 49 .SOUTH, RANGE '25 EAST, COLDER COUNTY, FLORIDA. (COMPANION ..ITEM TO`'PL20120000371 /CP- 2012 -1, .GMPA- GORDON RIVER GREENWAY PARK) 'Copies` of ,the proposed Ordinance are on file with the Clerk to the Board and Tare available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with" the County administrator prior to presentation of the agenda item to be. addressed. Individual speakers will be limited to 3. minutes on any item. The selection of an individual" to speak on behalf of an organization or group is enpouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. .. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respPective Nhearing. In any case, written materials intended to be considered by the. Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a {permanent part of the record. Any person whd decides.to appeal a. decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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 the Collier 'County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted Listening Devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) DPSember 19. 2017 No 197MO Packet Page -2263-