Ordinance 2013-01ORDINANCE NO. 13- 01
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 123.6±
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.
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 ' a
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 sm+e1 thFOugh are deleted; words underlined are added.
Gordon River Greenway Park 1 of 2
RZ- PL2009 -25 — Rev. 12/18/12
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 Ta r, u r u , 2013.
ATTEST:,;
DWIGHT, E. BROCK, CLERK
f"
By: J�
puty Clerk
e
Um-.1w
Approved as to form and legal sufficiency:
eidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Legal Description
CP \09- CPS - 00974 \67
BOARD OF COUNTY COMMISSIONERS
COLLIER - COUNTY, FLORIDA
i
ESQ.
Chairwoman
This ordinance filed with the
arY of S 's Office��
day of .
and acknowledgem that
fiIi1Dg received,Lhi. day
Words s'tmek thFough are deleted; words underlined are added.
Gordon River Greenway Park 2 of 2
RZ- PL2009 -25 — Rev. 12/18/12
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 29'16'45" 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
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 OF SAID NORTHWEST
CORNER ON PLAT OF STORTEP SUBDIVISION AS RECORDED IN PLAT BOOK
5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA); THENCE
RUN NORTH 0'17'24" EAST, ALONO 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 Little Farms, 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 port of 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, 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 Farms 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 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
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 said described line and the Westerly boundary of the herein described parcel
North 00'21'55" 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 89'38'05" East 729.90 feet to a concrete 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 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 Farms subdivision as per plot
thereof recorded in Plot 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 —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 28'23'1,V 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 "5)
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 2013 -01
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts
Ex- officio to -�q�0 -jjof --
County Commisbrs
By: Ann Jennejohn,
Deputy Clerk