Agenda 12/13/2016 Item # 9C 9.0
12/13/2016
EXECUTIVE SUMMARY
***This item continued to the January 10, 2017 BCC Meeting.*** This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve Petition VAC-
PL20160001406 to disclaim, renounce and vacate a portion of Tract C5 Conservation Area, and a
portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on
Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of
Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa
Barbara Blvd, and 1 mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East,
Collier County,Florida. (This is a companion to Agenda Items 9.A and 9.B).
OBJECTIVE: To adopt a Resolution to vacate a portion of Tract C5 Conservation Area, and a portion
of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples
Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier
County, Florida, located in Section 9, Township 50 South, Range 26 East, Collier County, Florida, being
more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20160001406 has been received by the Development Review
Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent
for the applicant, Naples Heritage Community Development District, to vacate a portion of Tract C5
Conservation Area, and a portion of the 10-foot Collier County Conservation Buffer Easement within
Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the
Public Records of Collier County, Florida, as further described in Exhibit A to the attached Resolution.
According to the plat, the Tract C5 Conservation Area and the Collier County Conservation Buffer
Easement were both dedicated to the County without maintenance responsibility, and dedicated to
Naples Heritage Golf and Country Club, Inc., with maintenance responsibility. According to the Quit-
Claim Deed dated January 8, 1999, recorded in O.R. Book 2507, Page 2235, Naples Heritage
Community Development District is fee simple owner of the subject property.
The Petitioner is proposing to vacate a portion of Tract CS and a portion of the 10-foot Collier County
Conservation Buffer Easement within Tract C5 in order to develop an adjacent tract of land owned by
the Country Club for a new tennis center. The proposed tennis center is currently under SDP review.This
portion of the Tract C5 Conservation Area is approximately 0.25 acres (25 feet wide and 440 feet long).
It is located between the proposed tennis center tract (to the west) and a 50' private right-of-way and
individual lot(to the east).
The subject area is within the Naples Heritage Golf and Country Club PUD, Ordinance No. 95-74, as
amended. This request will not result in public detriment because staff has determined that the preserve
acreage for this property would still remain above the minimum required preserve area. The Land
Development Code requires 35%native vegetation retention for this property. The total PUD acreage is
approximately 563 acres, of which 248.9 acres (44%) are designated as preserve,which exceeds the 35%
requirement. The proposed vacation would reduce the total existing preserve acreage by approximately
0.25 acres to approximately 248.65, so the remaining preserve acreage would still exceed the minimum
requirement under the LDC.
Naples Heritage Golf and Country Club, Inc., has provided a letter of no objection to this request.
Moreover, letters of objection have been received from multiple property owners of adjacent lots to the
east.
The vacation will not affect access to any properties within the subject plat.
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9.0
12/13/2016
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which
covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The Petitioner is requesting the vacation of a portion of Tract C5
Conservation Area and a portion of the 10-foot Collier County Conservation Buffer Easement within
Tract C5, according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the
Public Records of Collier County,Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions
vacating plats in whole or in part of subdivisions in Collier County, returning the property covered by
such plats either in whole or in part into acreage,when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established;
2. The request does not invade or violate individual property rights;
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be
vacated;
4. The vacation will not affect the ownership or right of convenient access of persons owning other
parts of the subdivision.
Moreover, this request to vacate a conservation easement is consistent with the County's vacation
procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that "A
conservation easement may be released by the holder of the easement to the holder of the fee even though
the holder of the fee may not be a governmental body or a charitable corporation or trust."
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: To approve the attached Resolution,relating to Petition VAC-PL20160001406,
which will vacate a portion of Tract C5 Conservation Area and a portion of the 10-foot Collier County
Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club
Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida, located in Section 9,
Township 50 South, Range 26 East, Collier County, Florida,being more specifically shown in Exhibit A,
Direct the Clerk of Courts to record a certified copy of the Resolution in the Public Records of Collier
County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and
Country Club, Phase One, as recorded in Plat Book 26, Page 73, of the public records of Collier County,
Florida.
Prepared By: Marcus L. Berman,P.S.M., County Land Surveyor, Development Review Division,
Growth Management Department
ATTACHMENT(S)
1.Legal ad-Agenda ID 2200 (PDF)
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9.0
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.0
Item Summary: ***This item continued to the January 10, 2017 BCC Meeting.*** This item
requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve Petition VAC-
PL20160001406 to disclaim, renounce and vacate a portion of Tract C5 Conservation Area, and a portion
of the 10 foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples
Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier
County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd, and 1
mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This
is a companion to Agenda Items 9.A and 9.B).
Meeting Date: 12/13/2016
Prepared by:
Title: County Surveyor—Growth Management Development Review
Name: Marcus Berman
11/17/2016 12:58 PM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
11/17/2016 12:58 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/17/2016 1:28 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/17/2016 1:39 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/18/2016 11:03 AM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 11/18/2016 3:35 PM
Growth Management Department James French Additional Reviewer Completed 11/18/2016 6:27 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/21/2016 8:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2016 8:53 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/21/2016 11:24 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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9.C.a
26D Wednesday,November 23,2016 Naples Daily News
Other PublicNotices Other Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on December 13, 2016, in the
Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center,3299 Tamiami Trail East, Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Resolution. The meeting will commence
at 9:00 A.M.The title of the proposed Resolution is as follows:
RESOLUTION NO.2016-____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT
CS CONSERVATION AREA,AND A PORTION OF THE 10 FOOT �a
COLLIER COUNTY CONSERVATION BUFFER EASEMENT
WITHIN TRACT CS,AS SHOWN ON NAPLES HERITAGE GOLF
AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73
OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. N
THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 4s
MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH fl
OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION
VAC-PL20160001406) (j
A copy of the proposed Resolution is on file with the Clerk to the >
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of
the agenda item to be addressed. individual speakers will be
limited to 3 minutes on any item. The selection of any individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item. —
ea
Persons wishing to have written or graphic materials included in '6
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal any decision of the Board J
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based. E
If you are aperson with a disability who needs any accommodation -c
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please w
contact the Collier County Facilities Management Division, �t
located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-
5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
November 23&30,2016 No.1364130
Packet Pg. 48
9.C.a
'OffieEPublicNctaces Other Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on December 13, 2016, in the
Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center,3299 Tamiami Trail East, Naples FC.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Resolution. The meeting will commence
at 9:00 A.M.The title of the proposed Resolution is as follows:
RESOLUTION NO.2016-____
4
A RESOLUTION OF THE BOARD OF COUNTY ''':
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO '
DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT`;;
C5 CONSERVATION AREA,AND A PORTION OF THE 10 FOOT
COLLIER COUNTY CONSERVATION BUFFER EASEMENT
WITHIN TRACT C5,AS SHOWN ON NAPLES HERITAGE GOLF '_'
AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73 N
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ui
THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 ' U
MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH H
OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50 SOUTH, 'z
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION a rn
VAC-PL20160001406) `;
A copy of the proposed Resolution is on file with the Clerk to the a:
Board and is available for inspection. All interested parties are =
a invited to attend and be heard.. ,; tr,
i NOTE: All persons wishing to speak on any agenda item mut Z
a) register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be U
z limited to 3 minutes on any item. The selection of any individual Q
to speak on behalf of an organization or group is encouraged. >
3 If recognized by the Chairman, a spokesperson for a group or c
organization may be allotted 10 minutes to speak on an item. ' 0
fD N
u, Persons wishing to have written or graphic materials included in
p the Board agenda packets must submit said material a minimum o
n, of 3 weeks prior to the respective public hearing. In any case, N
o written materials intended to be considered by the Board shall N
o, be submitted to the appropriate County staff a minimum of
z seven days prior to the public hearing. All materials used in —
a presentations before the Board will become a permanent part ca
Fof the record. c
u, , at
Any person who decides to appeal any decision of the Board m
15) will need a record of the proceedings pertaining thereto and Q
K therefore, may need to ensure that a verbatim record of the .
proceedings is made, which record includes the testimony and ca
Z
evidence upon which the appeal is based. Y
'" If you are a person with a disability who needs anyaccommodatio;
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please c
contact the Collier County Facilities Management Division, a)
located at 3335 Tamiami Trail East,Suite 101,Naples, FL 34112- E
5356, (239) 252-8380, at least two days prior to the meeting. =
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office. co
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
November 23&30,2016 No. 1364130
Packet Pg. 49