Agenda 01/10/2017 Item #16A 1 it
Proposed Agenda Changes
Board of County Commissioners Meeting
January 10, 2017
Continue Item 16A1 to the February 14,2017 BCC Meeting: Recommendation to adopt a
Resolution to hold a public hearing to consider vacating an unimproved 30-foot wide public right-
of-way described as "Avenue B"and a portion of an unimproved 30-foot wide public right-of-way
described as "First Street," according to the COL-LEE-CO TERRACE subdivision plat,as
recorded in Plat Book 1,Page 32 of the Public Records of Collier County,Florida.The subject
property is located on the south side of U.S.41 between Frederick Street and Palm Street in
Section 11,Township 50 South,Range 25 East,Collier County,Florida. (Commissioner Fiala and
Commissioner Taylor's separate requests)
1/10/2017 9:24 AM
16.A.1
01/10/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to hold a public hearing to consider vacating an
unimproved 30-foot wide public right-of-way described as"Avenue B" and a portion of an
unimproved 30-foot wide public right-of-way described as"First Street," according to the COL-
LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1,Page 32 of the Public Records of
Collier County,Florida. The subject property is located on the south side of U.S.41 between
Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County,
Florida.
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166,
the Board of County Commissioners (Board) 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, Racetrac Petroleum, Inc. This
request is to vacate an unimproved 30-foot wide public right-of-way described as "Avenue B" and a
portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the
COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of
Collier County, Florida. The subject property is located on the south side of U.S. 41, between Frederick
Street and Palm Street 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"on the 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 February 14, 2017, Board meeting, and it will be a companion item to Petition #PL20150002369
relating to an Automobile Service Station Distance Waiver.
Staff has reviewed this petition and found no reason for objection.
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.
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16.A.1
01/10/2017
LEGAL CONSIDERATIONS: 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 to schedule a public hearing to consider
vacating an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an
unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO
TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier
County,Florida. (Petition VAC-PL20150002788).
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Resolution initialed by SAS - 100416(2)(PDF)
2. Plat of COL-LEE-CO TERRACE (PDF)
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1 6.A.1
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider
vacating an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an
unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO
TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County,
Florida. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm
Street in Section 11,Township 50 South,Range 25 East, Collier County, Florida.
Meeting Date: 01/10/2017
Prepared by:
Title: County Surveyor—Growth Management Development Review
Name: Marcus Beinian
11/16/2016 6:57 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
11/16/2016 6:57 AM
Approved By:
Review:
Growth Management Department Matthew McLean Additional Reviewer Completed 11/16/2016 8:48 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/16/2016 10:17 AM
Capital Project Planning, Impact Fees,and Program Management Trinity Scott Additional Reviewer Completed
Growth Management Development Review John Houldsworth Additional Reviewer Completed
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:03 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/18/2016 10:58 AM
Growth Management Department James French Additional Reviewer Completed 11/18/2016 6:29 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/21/2016 8:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2016 9:31 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 11/21/2016 11:25 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 9:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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16.A.1.a
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 THE
PUBLIC INTEREST IN AN UNIMPROVED 30-FOOT WIDE PUBLIC
RIGHT-OF-WAY DESCRIBED AS "AVENUE B" AND A PORTION OF o
AN UNIMPROVED 30-FOOT WIDE PUBLIC RIGHT OF WAY rn
DESCRIBED AS "FIRST STREET," ACCORDING TO THE COL-LEE-
CO TERRACE SUBDIVISION PLAT, AS RECORDED IN PLAT BOOK 1,
PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH
SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET
IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER a)
COUNTY, FLORIDA. (PETITION VAC-PL20150002788)
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WHEREAS. Andrew D. Fitzgerald, Inc., of DeLisi Fitzgerald, Inc., on behalf of Petitioner, a.
Racetrac Petroleum, Inc. has requested that a public hearing be held pursuant to Resolution No. css
2013-166, to consider disclaiming, renouncing and vacating the County and the public interest in
an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an
unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-
LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, page 32 of the Public Records
of Collier County, Florida. The subject property is located on the south side of U.S. 41 between
Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier
County. Florida, being more specifically shown in Exhibit A, attached hereto; and u'
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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
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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
rights-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.
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[16-EIS-03205`1259701'1] Page 1 of 2
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, CHAIRMAN
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Approved as to form and legality: cn
/16, 10/4/co
Scott A. Stone
Assistant County Attorney cc
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Attachments:
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1. Location-Site Map f9
2. Exhibit A
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SURVEYING & MAPPING, LLC
LAND SURVEYORS • PLANNERS
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EXHIBIT "A"
LEGAL DESCRIPTION cn
OF A PARCEL LYING IN
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SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
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RIGHT OF WAY VACATION
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A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF a
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: �a
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BEGINNING AT THE NORTHWEST CORNER OF LOT 37 OF SAID COL-LEE-TERRACE; THENCE N.00°39'49"W., FOR A m
DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, THENCE
N.89°23'16"E., ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE WEST RIGHT OF WAY C
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 Q
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 u.
THE SOUTH LINE OF SAID COL-LEE-TERRACE; THENCE S.89°23'16"W., ALONG SAID SOUTH LINE, FOR A DISTANCE M
OF 30.00 FEET TO THE WEST RIGHT OF WAY OF SAID AVENUE "B"; THENCE N.00°39'49"W., ALONG SAID WEST CNI
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. N
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BEARINGS ARE BASED ON THE RIGHT OF WAY OF FREDERICK STREET AS BEING N.00°39'49"W. c
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.
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*SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION*
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RIGHT-OF-WAYS (RECORDED AND FAX: (239) 275-8457
UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS-PLANNERS
LB#7071 www.metronfl.com
FILE NAME: FIELD BOOK/PAGE: PROJECT NO.: SHEET:
12940 RW VAC REV.dwg N/A 12940 2 OF
SKETCH DATE: DRAWN BY: STALE: CHECKED BY: IS-T-R) ^`
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