Agenda 04/26/2016 Item #11E 4/26/2016 11 .E.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to hold a public hearing to consider vacating one 30-foot
wide public right-of-way,and a portion of one 30-foot wide public right-of-way,being a part of Col-
Lee-Co Terrace,Plat Book 1,page 32 of the Public Records of Collier County,Florida,located in
Section 11,Township 50 South,Range 25 East,Collier County,Florida. (VAC-PL20150002788)
(The subject property is located on the southwest corner of the Tamiami Trail East(U.S.
41) and Palm Street intersection).
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166,
the Board of County Commissioners must authorize a public hearing to consider the vacation of the
County and public interest in any public road right-of-way.
CONSIDERATIONS: The Development Review Division has received a request from Andrew D.
Fitzgerald, P.E., of DeLisi Fitzgerald, Inc., as agent for the applicant. This request is to vacate one 30-
foot wide public right-of-way and a portion of one 30-foot wide public right-of-way,being a part of Col-
Lee-Co Terrace, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in
Section 11,Township 50 South,Range 25 East, Collier County,Florida.
Racetrac Petroleum,Inc., is proposing to construct a convenience store with self-service fueling pumps at
the southeast corner of U.S. 41 and Frederick Street in Collier County, Florida. The subject property
currently consists of eight(8) individual parcels, six(6)of which are unimproved. Two (2) other parcels
previously contained the Little Italy Restaurant and a Checker's Fast Food Restaurant. Racetrac has a
contract to purchase the properties, and the current property owners have also consented to this vacation
request. The properties are separated by two unimproved 30-foot wide public rights-of-way depicted as
First Street and Avenue"B"onthe Col-Lee-Co Terrace Plat,Plat Book 1,Page 32. The subject rights-of-
way were dedicated on the plat for the use and benefit of the public, which upon acceptance by the
County created a road right-of-way easement held by the County in trust for the public.
Racetrac is requesting to vacate the entire 30-foot wide Avenue`B"right-of-way and a portion of the 30-
foot wide First Street right-of-way to allow for an aggregated and cohesive development, which will be
presented separately as part of a subsequent Site Development Plan application. The proposed vacated
area is described on Exhibit A attached to the Resolution.
The public hearing to consider this petition to vacate will be advertised in a local paper of general
circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166, and the adjoining
property owners will be given notice as well. The public hearing is tentatively scheduled to be heard at
the May 24, 2016 Board meeting, and it will be a companion item to Petition#PL20150002369 relating
to an Automobile Service Station Waiver.
The Development Review Division has reviewed this petition and found no reason for objection.
Letters of No Objection from various utility companies have been made a part of the submittal in
support of the request. However, Florida Power and Light has utility facilities within the subject rights-
of-way, and therefore has informed the applicant that they cannot agree to release their interest in the
rights-of-way until those facilities are removed. As such, FPL will retain its right to use the vacated area
for utility purposes until such time that FPL provides written notice to the Petitioner that all of FPL's
facilities have been removed. This reservation of FPL's interest will be described in the Resolution to
Vacate at the subsequent advertised public hearing.
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There are sewer gravity mains located within the right-of-ways that are being vacated. The applicant is
proposing to dedicate a 20-foot utility easement to Collier County for the existing gravity sewer mains
which is currently under review under petition PL20140000378. Collier County Public Utilities has
approved this application. See attached Market Place at Palm Proposed Utility Plan.
FISCAL IMPACT: The application fee of$2,000 covers staff review and processing. The applicant is
also responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval.—SAS
RECOMMENDATION: That the Board of County Commissioners endorses staff's recommendation to
approve the attached Resolution to schedule a public hearing to consider vacating one 30-foot wide
public right-of-way and a portion of one 30-foot wide public right-of-way, being a part of Col-Lee-Co
Terrace, Plat Book 1, Page 32 of the Public Records of Collier County, Florida, located in Section 11,
Township 50 South,Range 25 East, Collier County,Florida(Petition VAC-PL20150002788).
Prepared by: Marcus L. Berman,P.S.M., County Land Surveyor,Development Review Division, Growth
Management Department.
Attachments:
1. Resolution with Exhibit A and Location-Site Map
2. Letters of No Objection
3. March 10 and March 31 Letters from FPL to Petitioner
4. Plat of Col-Lee-Co Terrace
5. Market Place at Palm Proposed Utility Plan
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.E.
Item Summary: Recommendation to adopt a Resolution to hold a public hearing to
consider vacating one 30-foot wide public right-of-way, and a portion of one 30-foot wide
public right-of-way, being a part of Col-Lee-Co Terrace, Plat Book 1, page 32 of the Public
Records of Collier County, Florida, located in Section 11,Township 50 South, Range 25 East,
Collier County, Florida. (VAC-PL20150002788) (The subject property is located on the southwest
corner of the Tamiami Trail East (U.S. 41) and Palm Street intersection).
Meeting Date: 4/26/2016
Prepared By
Name: BermanMarcus
Title: County Surveyor,Development Review
4/7/2016 9:39:35 AM
Submitted by
Title: County Surveyor,Development Review
Name: BermanMarcus
4/7/2016 9:39:36 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
Date: 4/7/2016 10:06:31 AM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 4/7/2016 2:07:43 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 4/7/2016 4:21:41 PM
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Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 4/7/2016 4:22:45 PM
Name: KurtzGerald
Title: Project Manager,Principal,Capital Project Planning,Impact Fees and Program Management
Date: 4/9/2016 9:46:12 AM
Name: McLeanMatthew
Title:Project Manager,Principal,Development Review
Date: 4/11/2016 8:30:36 AM
Name: HallSwainson
Title: Procurement Specialist,Procurement Services
Date: 4/11/2016 9:28:46 AM
Name: ScottTrinity
Title: Manager-Planning,Transportation Planning
Date:4/12/2016 8:31:54 AM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept,Growth Management Department
Date: 4/12/2016 9:27:02 AM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 4/12/2016 4:01:03 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 10:53:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2016 3:20:39 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2016 1:07:58 PM
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA TO DECLARE A PUBLIC HEARING TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND PUBLIC
INTEREST IN ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY AND A
PORTION OF ONE 30-FOOT WIDE PUBLIC RIGHT OF WAY,BEING A
PART OF COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY,FLORIDA. (PETITION VAC-PL20150002788)
WHEREAS, Petitioner, Andrew D. Fitzgerald, Inc., of DeLisi Fitzgerald, Inc., has
requested that a public hearing be held pursuant to Resolution No. 2013-166, to consider
disclaiming, renouncing and vacating the County and public interest in one 30-foot wide public
right-of-way and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-
CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located
in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more
specifically shown in Exhibit A, attached hereto; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing, and vacating the County's interest in the
above right-of-way in accordance with Sections 336.09 and 336.10, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No.
2013-166 in a regular session of the Board of County Commissioners, a public hearing to
consider disclaiming, renouncing and vacating the County's interest in the above described right-
of-way will be held on the day of , 2016 at 9:00 a.m., or as soon
thereafter as practical, in the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East,Naples, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this
day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, CHAIRMAN
Page lof2
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Approved as to form and legality:
.IA416
Scott A. Stone
Assistant County Attorney
Attachments:
1. Location-Site Map
2. Exhibit A
Page 2 of 2
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111\1 °
Ic4.
SURVEYING & MAPPING, LLC
LAND SURVEYORS • PLANNERS
EXHIBIT "A"
LEGAL DESCRIPTION
OF A PARCEL LYING IN
SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST,
COLLIER COUNTY,FLORIDA
RIGHT OF WAY VACATION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,BEING A PORTION OF
COL-LEE-TERRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 32 OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 37 OF SAID COL-LEE-TERRACE;THENCE N.00°39'49'W., FOR A
DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, THENCE
N.89°23'18"E.,ALONG SAID NORTH RIGHT OF WAY,FOR A DISTANCE OF 210.00 FEET TO THE WEST RIGHT OF WAY
OF AVENUE "B", A 30 FOOT RIGHT OF WAY; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A
DISTANCE OF 199.33 FEET TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL,A 120 FOOT RIGHT OF WAY;THENCE
S.52°01'49"E., ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 38.40 FEET TO EAST RIGHT OF WAY OF
SAID AVENUE "B"; THENCE S.00°39'49"E., ALONG SAID EAST RIGHT OF WAY, FOR A DISTANCE OF 325.38 FEET TO
THE SOUTH LINE OF SAID COL-LEE-TERRACE;THENCE S.89°23'16"W.,ALONG SAID SOUTH LINE, FOR A DISTANCE
OF 30.00 FEET TO THE WEST RIGHT OF WAY OF SAID AVENUE "Be; THENCE N.00°39'49"W., ALONG SAID WEST
RIGHT OF WAY, FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT OF WAY OF SAID FIRST STREET;THENCE
S.89°23'16"W.,ALONG SAID SOUTH RIGHT OF WAY,FOR A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE RIGHT OF WAY OF FREDERICK STREET AS BEING N.00°39'49"W.
PARCEL SUBJECT TO EASEMENTS,COVENANTS,RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
PARCEL CONTAINS 16,421 SQUARE FEET OR 0.377 ACRE,MORE OR LESS.
METRON SURVEYING&MAPPING,LLC
FLORIDA CERTIFICATE OF AUTHORIZATION LB#7071
DE J.O'►MNNELL Jr.
P"*FE *NAL SURVEYOR AND MAPPER
FL•"*A CERTIFICATE NO. 5430
SHEET 1 OF 2
12940 RW VAC REV.doc
10970 S. CLEVELAND AVE.,SUITE#605•FORT MYERS, FLORIDA 33907•PHONE(239)275-8575*FAX(239)275-8457
www,metronfl.com ,t
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SKETCH TS ACCO ! PA NY DESCRIPTION
N SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION*
` \ N' EXHI Ii) IT "A"N �\ LINE BEARING DISTANCE
LOT a ' \ 9�j L1 N 00'39'49" W 30.00'
s, • �0, `.� 7�, ``� L2 S 52'01'49" E 38.40'
P I c 1, N .k/i4. �\ L3 S 89'23'16" W 30.00'
N. (� L4 N 00'39'49" W 120.00'
° I r
N 'N. S
N.
r f!
a °
_ N LEGEND:
J �``�` P.O.B. = POINT OF BEGINNING
LOT 5 z ��\ �\ 70.0
Q -' ° \ R/W = RIGHT-OF-WAY
ry
r
■ `\ P.B. = PLAT BOOK
LOT 6 6-
PG. = PAGE
n
N 50.0 \ ?„
I "
' r v
LOT 7 40.0' 40.0' 40.0' 40.0' a �'-4
120.0 N i
O ♦�
O
v0 LOT 21 ,n �J A
LOT 8 ; COL-LEE-CO TERRACE "' \''C� •`N
P.Ba,PG 32 a ,N\
M
+6 LOT 22 r ��' NN
LOT 9 F I 160.Q0' ° LET \ i
t!) 40.0' 40.0' 40.0' 40.0'
40,0' 40.0' 40.0' 40.0'
LOT 10 r U ( 30.0 —
N N,•
( W _ N N SO ,M N O 0 C' A cv to LOT 11 ' I r �- °v I-. r N N r ON
d' ti
N1: riaH
W a 9 8 0 O r n r O, F- to
0 po J M
LOT 12 ' N 89°23'16"E `8 a v 'w
414.04', Z m 8 0 0 I N
LOT 13 IS ^" FIRST STREET (PLAT) 301.0 w 60.0—
a I Z 40.0' 40.0' 58.0' '
\ S 89°23'16"W > �1
LOT 14 P.O.B. 210.00' a y` LOT 44 1?I;
r
O CT
a I�
�
LOT 15 n A n n O a 138.0' I
30.0 F.- o -o Q -'n Q ?
° uy LOT 45
o,
0
LOT 16 I 1O
60_0' 50.0' 50.0' 50.0'__ 50.0__ 60.0' _ L3 _______,_____
INOMAH P.B. 2, PG 82 20' ALLEY
LOT 8 LOT 71N0 LOT 6 I PG LO 5 LOLT04K CLOT 3 I LOT 2 ( LOT 1
NOTES: *THIS IS NOT A SURVEY*
t. BEARINGS ARE BASED ON THE RIGHT OF
WAY OF FIRST STREET AS BEING
N.89'23.16"E. TITLE: SKETCH OF DESCRIPTION
2. DISTANCES ARE IN FEET AND DECIMALS
THEREOF.
T il") t. l '�` 10970 S.SUCLEVELAND# AVENUE
R. PARCEL IS OR SUBJECT TO EASEMENTS, MET l 11 FORT MYERS. FLORIDA 33907
RESERVATIONS OR RESTRICTIONS AND PHONE: (239) 275-8575
RIGHT-OF-WAYS (RECORDED AND SURVEYING&MAPPING FAX: (239) 275-8457
UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS'PLANNERS
L11#7071 www.metronfl.com
FILE NAME: FlELO BOOK/PACE: PROJECT N0: SHEET:
12940 RW VAC REV.dwg N/A 12940 2 OF 2
SKETCH DATE: DRAWN BY: SCAJI, CHECKED BY: (S-T-R)
04/01/2016 BUD 1"= 100' DJO 1 1-50-25
(.93
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GULF OF MEXICO
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Ccomcast
12600 Westlinks Drive Suite 4
Fort Myers, Fl. 33913
Phone: 239-432-1805
March 1,2016
DeLisi Fitzgerald Inc.
C/O Andrew Fitzgerald
1605 Henry Street
Fort Myers,Fl. 33901
Re: Marketplace at Palm(Right of Way Vacation)Naples Fl.
Dear Andrew Fitzgerald,
This letter will serve to inform you that Comcast has no objection to your
proposed vacation of the address referenced,above.
Should you require additional information or assistance,please feel free to contact
me here at 239-432-1805.
Cordially,
Mark Cook
Project Coordinator
PL `?i 1500 ' 8 REV
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Cent uryLn �N
3530 Kraft Rd.Unit 100
Naples,FL 34105
March 2,2016
Mr. Andrew Fitzgerald
1605 Hendry St
Fort Myers,Fl 33901
RE: No Objection/Vacate Right-of-Ways Project No: 21293
Dear Mr. Fitzgerald:
CenturyLink has no objection to the vacation of the existing ROW located within the
4.28 acre tract at the corner of U.S. 41 and Palm St.,as indicated on the copy of your
survey attached to your request letter dated February 23,2016.
If I can be of any further assistance,please contact me at 239-263-6210.
Sincerely,
eaued
Gladys Humes
Network Engineer II-E&C
GXH:js
cc: Easement File
Chron File
15 00 w 4r'
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� - 13Y,t:Y� l 1111111: l� WIN lti'�'11)t `+1(
.ra .
u .
March 22, 2016
Andrew Fitzgerald, P.E ,
Delisi Fitzgerald, Inc.
1605 Hendry Street
Fort Myers, FL 33901
RE: Marketplace at Palm
Dear Mr. Fitzgerald:
Staff has reviewed your request for a letter of"No Objection" for the above described
property.
The Sheriff's Office reviews these requests to determine if the granting of the vacation
will have any foreseeable negative effect on our ability to provide law enforcement services to
the area. These services include emergency response, patrol, and traffic enfbrcement.
So long as the vacation, either now or in the future, does not impinge on our ability to
deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of
your request.
If the agency can he of any further service, please advise.
Sit
XIS .
.,
Mi hael J. •lz''erg, 1!.quire
General Counsel
Collier County Sheriff s Office
(239)252-0660
Mitt;jbg
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N ` GREATER NAPLES FIRE RESCUE DISTRICT
+� I FIRE AND LIFE SAFETY
\; > 2700 North Horseshoe Drive • Naples, FL 34104
r ,r-V Phone: (239)774-2800 Fax: (239)774-3116
KfngmaiiSilty* Htv any-
March 21, 2016
DeLisi Fitzgerald, Inc
1605 Hendry St
Ft. Myers, FL 33901
Re: Marketplace at Palm
Dear Mr, Fitzgerald,
The Greater Naples Fire Rescue District has no objection to the right-of-way vacation at the
Marketplace at Palm located in the southwest corner of U,S. 41 and Palm Street. Please note all
future development will be required to comply with applicable codes.
Should you have any further questions, please contact me at (239)774-2800.
Sincerely,
A
.40 (, A, ',, . ,., . .
Shawn M. Hanson
Division ChieffFire Marshal
cc: Kingman D. Schuldt, Fire Chief
SMH/sap
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Florida Power&Light Company
FPL
March 10, 2016
Drew Fitzgerald, P.E.
DeLisi Fitzgerald, Inc.
1605 Hendry Street
Fort Myers, FL 33901
Re: Marketplace at Palm (Racetrac at Palm) Right-of-way Vacation
Dear Drew Fitzgerald,
The following information is provided in response to your inquiry concerning existing
electric facilities on the above referenced property.
FPL will remove our existing facilities and vacate the existing easement at this location at
the customer's expense. Prior to this being done provisions must be made, new
easements secured and facilities constructed to serve any existing FPL customers that
may be affected by your request.
At the time you wish to proceed, an engineering deposit will be required in the amount of
$5,105.71, this amount will be applied to the cost of this job when it moves forward.
Should you choose not to complete the work the deposit would be forfeited to cover costs
incurred by FPL in preparing the job.
Please contact me at 239-353-6070 should you have any questions or concerns,
Yours truly,
fACtbei
Philip Davis
Associate Engineer
t'L 'M15 0 0 i i;f, s' ,
A NEXTera ENERGY Company
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Florida Power&Light Company,410515'"Ave SW,Naples,FL 34116
Phone:239-353-6070,Fax:239-353-6082
FPL
March 31, 2016
Drew Fitzgerald, P.E.
DeLisi Fitzgerald, Inc.
1605 Hendry Street
Fort Myers, FL 33901
Dear Drew Fitzgerald:
Payment has been received and job has been released for the OH and UG facilites
with projected completion date of early May. Racetrac has complied with FPL for the
easement vacation and has no objection to release easement once facilities have
been removed. It is our understanding the resolution for vacating the right-of-way
will contain a provision providing for a temporary easement for the facilities until they
are removed.
If I can be of any further assistance, please contact me at 239353-6070
Respectfully,
-Phiti?"\S- :/*
Philip Davis
Associate Engineer
Florida Power& Light Co
A NEXTera ENERGY Company
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