Loading...
Ordinance 2011-25 <'~~078D~~ ,.j'" ,,'~\\ l~~~ , :\\~i ~,\ ; ~ t~ \ ~I 0) I ,SJ/ ORDINANCE NO. 11---2..,L " '. c11'1AN ORDINANCE OF THE BOARD OF COUNTY '<.~:l'Cf:Zl;t};./ 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 RURAI;! AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN sf 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(J)J 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-85I) AND SOUTH OF GOLDEN GATE PARKWAY (CR-886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. .......,. ,.:-~ ;:-.... "11 " ;1 ') 'A '...iJ' " ,J WHEREAS, 1. 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 I RZ~PL2009.25 Revised 7/26/1 I I of2 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-maJonty vote of the Board of County Commissioners of Collier County, Florida, this !~&}-4Il day of ::SlAY ,201 I. ATTEST:. ,'-", DWIGHH:: BROCI("<;LERK ~) , By: , , Attest .. to 0It t. . i9ftltri ' Olhf. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: NW,~ FRED W. COYLE, Chal Approved as to form and legal sufficiency: bL' ( w.ill-:-- Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description C PI09.C PS.0097 4 155 T.., . ":,,i t: S~,. ::t.:,~v c~ S:,-,;./~~ (, ,;.~,:;_; t";" _'-~i:. co' c,f :rhJ~_,~QJL on~ cckr':(:wl,,~,:J'j'2m('nt of tt---.:.t 1'1',..,.,.. ..,'j'" ~'I,,,,, I If",,, ,,,_...<;;JV.;.w I '~..1 ______ U " of , '-UIL. Gordon River Greenway Park I RZ-PL2009-25 Revised 7/26/11 2 of 2 LEGAL DESCRIPTION (OR.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 SUBDNlSION 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 29'16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144,56 FEET; THENCE RUN NORTH 89.42'36" WEST, .OR 289.14 .EET, TO THE WEST LINE OF THE SOUTHEASt (SE1/4) QUAflTER 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 MONUMENTED 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 FEEl SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT 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 DESCRIPTION All of Lot 97 of Naples Improvement Company's Uttle 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. Le.. and Except the following Access Easement The East 60 fset of that part of Lot 97 of Naples Improvement Company's Uttle Farms Subdivision, according to the plat thereof recorded in Plot Book 2, Page 2, in the Public Records of Collier County, Florido, lying south of Golden Gate Parkway ond within Section 27, Township 49 South, Range 25 East, Collier County, Florido: And Ie.. the North 120 feet of the Eost 120 fest of Section 34, Township 49 South, Range 25 East, COl/ler County, Florida: being and lying within Lot 97 of Naples Improvemsnt Company's Uttle Farms Subdivision, according to the plat 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 Uttle Forms, occording to the plot thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Le.. and Except That part of Lot 3 of Naples Improvement Company's Uttle Farms 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: Commencin9 at 0 concrete monument at the South 1/4 corner of Section 27, Township 49 South, Ronge 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 J and the Point of Beginning of the described line: Thence olong said described line and the Westerly boundary of tt'le herein described porcel North 00'21'55" West 211.15 feet to concrete monument ot the Northwest corner of said described Parcel: Thence olong said described line and the Northerly boundary of said doocribed parcel North B9'3B'05" East 729.90 feet to a concrste monument: Thence continue North 89'38'05" East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Uttls ,arms and the Point of Ending of said described lins. Also Less and Except Thot port of Lot 3 of Naples Improvement Company's Ut1Je Farms subdivision all per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida: Commencing ot jhe South 1/4 comer of Section 27, Township 49 South, Ronge 25 East, Collier County, Florido: Thence North 69'46'00" Eost 74.16 feet to a point on the East right-of-woy of Goodlette-Frank Road: Thence olong soid right-of-way North 04'39'15' West 148.44 feet to the North line of soid Lot 3: Thence leaving said right-af-way and along the North line of soid lot .3 North 89'40'10" East 761.95 feet to jhe POINT OF BEGINNING: Thence continue alonlj1 said line North 89-40'10" East 191.50 feet; Thence South 28'23'14" West 10B.55 feet; Thence South 69'47'09' West 137.16 foot: Thence North 01'38'39" We.t 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, Florido, being 0 right-of-way taking for Goodlette-Frank Road. (Oetail "S") 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 Cooney comm'""~~~~ Teresa Pola~Jj:i" Deputy Clerk' "