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Ordinance 2009-40 ORDINANCE NO. 09- 40 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 A RESIDENTIAL SINGLE FAMILY (RSF-4-GZO) AND VILLAGE RESIDENTIAL (VR-GZO) ZONING DISTRICTS WITHIN THE GOODLAND ZONING OVERLAY TO A PUBLIC USE (P-GZO) ZONING DISTRICT WITHIN THE GOOD LAND ZONING OVERLAY FOR THE PROJECT KNOWN AS MAR-GOOD HARBOR PARK, LOCATED ON MULTIPLE LOTS NORTH OF PEAR TREE AVENUE AND WEST OF GOODLAND DRIVE EAST IN GOODLAND IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.62+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Heidi Williams of Q. Grady Minor & Associates, representing the Collier County Department of Parks and Recreation, 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 Section 18, Township 52 South, Range 27 East, Collier County, Florida, is changed from a Residential Single Family (RSF-4- GZO) and Village Residential (VR-GZO) Zoning Districts within the Goodland Zoning Overlay to a Public Use (P-GZO) Zoning District within the Goodland Zoning Overlay for a 2.62+/- acre project known as Mar-Good Harbor Park, subject to the conditions shown in Exhibit B. 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. 10f2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND nUL Y ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this c;1~~ dayof::r ~ ,2009. I~ . ,ii,'l . ATTEST: '., ,: '.,')/o, DWIGll'fE'~ BROCr( 0LERK } , -.. .... ~~?..- Approved as to form: and legal sufficiency: L t~ ;}{)ru ~Ashton-Cicko Assistant County Attorney !lli.l.. \''''' ~ o~, \J,\~? Attachments: Exhibit A: Legal Description Exhibit B: Conditions of Approval CP\08-CPS-00912\ 17 HF AC 6/23/09 BOARD OF COUNTY COMMISSIONERS COLLIEjf/UNTy,FLORIDA By. 'f~ ~~ DONNA FIALA, CHAIRMAN This ordinance filed with the Seer.tary of ~;t Office the ~ day of , 2OO'l and aeknowltdgemen~ that :~C~ 20f2 Mar-Good Harbor Park Folio Number 1. 46270800007 2. 01057120000 3. 01057160002 4. 01057080001 5. 46270680007 6. 46270720006 7. 46270760008 8. 66680200002 9. 66680120001 Address None None None 426 Papaya 321 Pear Tree 321 Pear Tree 321 Pear Tree 326 Pettit 331 Pettit Legal Description Goodland Heights Amended, Block 3, Lot 11 S/T/R 18/52/27, Parcel in Lot 14, Desc in DB 47, Pg 411 S/T/R 18/52/27, Parcel in DB 27-357 18/52/27 Parcel Desc in DB 54-59 in Govt Lot 14 Goodland Heights Amended, Block 3, Lot 4 Goodland Heights Amended, Block 3, Lots 5 and 6 Goodland Heights Amended, Block 3, Lots 7-10 Pettit Lots 9 and 10 Pettit Lots 4-6 Exhibit A CONDITIONS OF APPROVAL RZ-2008-AR-13967 May 12, 2009 1. Development of the subject property shall be consistent with the applicable LDC requirements and shall incorporate the recommendations of the HAPB, with respect to the preservation of existing structures or other artifacts on site, at the time of site development plan (SDP) review and approval 2. Any site development plan (SDP) submitted for the project shall be subject to review by the County's Historic/Archaeological Preservation Board (HAPB), whose recommendations shall be incorporated therein. 3. Uses on the site shall be limited to park and recreational servIce facilities, education facilities, museums and libraries. 4. The dawn to dusk hours of operation for the park shall be posted on the site. 5. At least one bicycle rack shall be provided on the site. EXHIBIT 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 2009-40 Which was adopted by the Board of County Commissioners on the 28th day of July, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of July, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Martha Deputy