Agenda 02/14/2017 Item #16A 8 Proposed Agenda Changes
Board of County Commissioners Meeting
February 14,2017
Continue Item 6A to the March 14, 2017 BCC Meeting: Public Petition request from Mr.
Christopher Flint regarding yard waste pickup for larger land owners. (Petitioner's
request)
Move Item 16A8 to Item 11D: ***This item has
been continued from the January 10, 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's request)
02/14/2017
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 March 28, 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.
16.A.8
Packet Pg. 471
02/14/2017
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. Plat of COL-LEE-CO TERRACE (PDF)
2. Resolution initialed by SAS_set hearing (PDF)
16.A.8
Packet Pg. 472
02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Item Summary: ***This item has been continued from the January 10, 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.
Meeting Date: 02/14/2017
Prepared by:
Title: Operations Analyst, Senior – Administrative Services Department
Name: Bendisa Marku
01/10/2017 3:42 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/10/2017 3:42 PM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Skipped 01/10/2017 3:44 PM
Growth Management Development Review Judy Puig Additional Reviewer Skipped 01/10/2017 3:44 PM
Capital Project Planning, Impact Fees, and Program Management Judy Puig Additional Reviewer Skipped 01/10/2017 3:44 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Skipped 01/10/2017 3:44 PM
County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 01/10/2017 3:45 PM
Growth Management Department Judy Puig Level 2 Division Administrator Skipped 01/10/2017 3:45 PM
Growth Management Department Judy Puig Additional Reviewer Skipped 01/10/2017 3:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/11/2017 1:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2017 2:14 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/12/2017 3:36 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/25/2017 12:36 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.A.8
Packet Pg. 473
16.A.8.a
Packet Pg. 474 Attachment: Plat of COL-LEE-CO TERRACE (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)
16.A.8.b
Packet Pg. 475 Attachment: Resolution initialed by SAS_set hearing (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)
16.A.8.b
Packet Pg. 476 Attachment: Resolution initialed by SAS_set hearing (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)
16.A.8.b
Packet Pg. 477 Attachment: Resolution initialed by SAS_set hearing (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)
16.A.8.b
Packet Pg. 478 Attachment: Resolution initialed by SAS_set hearing (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)
16.A.8.b
Packet Pg. 479 Attachment: Resolution initialed by SAS_set hearing (2571 : VAC-Marketplace at Palm (RaceTrac) Set Hearing Date)