Ordinance 2016-38 ORDINANCE NO. 16-3 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
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 THE MARCO SHORES
GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT
ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT
FOR PROPERTY LOCATED NEAR THE MARCO ISLAND
EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
6.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [RZ-
PL20160000382]
WHEREAS, Robert J. Mulhere, FAICP of RWA, Inc., representing the Collier County
Airport Authority, petitioned the Board of County Commissioners to change the zoning
classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the real property more particularly described in Exhibit A,
located in Section 26, Township 51 South, Range 26 East, Collier County, Florida is changed
from the Marco Shores Golf Course Community Planned Unit Development zoning district to
the Public Use (P) zoning district for a 6.5± acre project which will become part of the Marco
Island Executive Airport, subject to the conditions shown in Exhibit B. Exhibits A and B are
attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps,
as described in Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
[16-CPS-01526] 114
Marco Shores Country Club Rezone 1 of 2
10/25/16 �{�
PASSED AND DULY ADOPTED by super-majority,vote of the Board of County
Commissioners of Collier County, Florida,this (S day of �O✓e,-46(X , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA
.;, . ...... r 16_,
By()\": tX_Ck. -- ‘1,\ k ,',. ' .0,4,1114 BY: 411/14740
f. Deputy Clerk_ DONNA FIALA, Chairman
Attest as to Chairman's
signature only. -
App oved as to form and legality:
011 QC� u
eidi As ton- icko t��\ti
Managing Assistant County Attorney
Attachment: Exhibit A–Legal Description
Exhibit B–Conditions of Approval
This ordinance filed with the
Secretary of State's Office the
/8411 day ofe44`4, `-414r
and acknowledgernen�_s�j- that
filingreceived this ``1 day
of NOL � ' • O.
By IS 14,.. Abira �
O.aN,a rk
[16-CPS-01526] 114
Marco Shores Country Club Rezone 2 of 2
10/25/16 '�
les ,
LEGAL DESCRIPTION
MARCO ISLAND EXECUTIVE AIRPORT REZONING
RZ-PL2016-0000382
Tract Q, Marco Shores, Unit One, According to the Plat thereof, as recorded in Plat Book 14,
Page 38, of the Public Records of Collier County, Florida. Containing 3.6 acres, more or less.
AND
LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF
MAINSAIL DRIVE, MARCO SHORE UNIT ONE ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT 14, PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT Q, MARCO SHORES UNIT
ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT
PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN Si1°59'55"E, ALONG THE EAST LIINE OF SAID TRACT Q FOR A DISTANCE OF
332.93 FEET TO THE MOST NORTHEASTERLY CORNER OF MAINSAIL DRIVE OF
SAID MARCO SHORES UNIT ONE, THE SAME BEING THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE Si1°59'55"E FOR A
DISTANCE OF 230.00 FEET; THENCE RUN S79°48'17"W FOR A DISTANCE OF 435.12
FEET; THENCE RUN N84°45'47"W FOR A DISTANCE OF 153.41 FEET; THENCE RUN
N00°52'45"E FOR A DISTANCE OF 208.51 FEET, TO THE BEGINNING OF A NON-
TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 1305.00 FEET, AT A BEARING OF N00°52'47"E THEREFROM,
THROUGH A CENTRAL ANGLE OF 12°58'26" AND BEING SUBTENDED BY A CHORD
OF 294.87 FEET AT A BEARING OF N84°23'34"E, FOR AN ARC LENGTH OF 295.50
FEET; THENCE RUN N77°54'19"E FOR A DISTANCE OF 241.91 FEET, TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.9 ACRES,
MORE OR LESS.
BEARINGS REFER TO THE EAST LINE OF TRACT Q, MARCO SHORES UNIT ONE
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES
33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING
511°59'55"E
Exhibit A
Conditions of Approval
1. The City of Marco Island Utilities shall not be responsible to pay for or relocate affected City
infrastructure. An Interlocal Agreement shall be executed prior to redevelopment of the area.
2. The County shall not commence construction of the improvements shown in the approved
Airport Layout Plan dated March 2016, until the following conditions have been met:
a. The Board has approved the First Amendment to the MOU to include the area to be
removed from the Marco Shores PUD and rezoned to P by this Ordinance;
b. A conservation easement including the fifteen (15)-foot wide area running the length of
the eastern boundary of the airport property, and a small area on the north side of the airport
property within Tract "Q" of the Marco Shores Unit One subdivision plat, is recorded in favor of
the MOU Environmental Signatories. The conservation easement shall be recorded in the
Official Records Land Records of Collier County within 30 days after execution of the First
Amendment to MOU by all of the Environmental Signatories; and
c. No later than thirty(30) days after the approval of rezone,the Airport Authority staff
shall notify in writing all of the MOU Environmental Signatories of the proposed First
Amendment to MOU. The Airport Authority staff shall obtain the signatures of the
Environmental Signatories prior to construction.
3. The maximum height shall be 45 feet (zoned) except for those elements that are required to be
taller in accordance with Federal Aviation Administration (FAA) regulations.
4. Prior to construction activity, a pre-construction video shall be created by the Owner for the
entire length of Mainsail Drive to assist in determining if such activity causes damage to Mainsail Drive.
Exhibit B
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 18, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 16-38, which was filed in this office on November 18,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us