Agenda 09/26/2017 Item #17G09/26/2017
EXECUTIVE SUMMARY
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-PL20170002386 to disclaim, renounce and vacate the County and the public interest
in the conservation easement described in O.R. Book 3996, Page 3495, et seq., of the Official
Records of Collier County, Florida. The subject property is located on the northeast corner of Palm
Springs Boulevard and Radio Lane, approximately one half mile west of Collier Boulevard, in
Section 34, Township 49 South, Range 26 East, Collier County, Florida. (This is a companion to
Agenda item 16.A.50).
OBJECTIVE: To adopt a Resolution to vacate the conservation easement described in O.R. Book 3996,
Page 3495, et seq., of the Official Records of Collier County, Florida, being more specifically shown in
Exhibit A.
CONSIDERATIONS: Petition VAC-PL20170002386 has been received by the Development Review
Division, Growth Management Department, from Michael C. Pappas, P.E., of RWA, Inc., on behalf of
the applicant, D.R. Horton, Inc., to vacate the conservation easement described in O.R. Book 3996, Page
3495, et seq. of the Official Records of Collier County, Florida as further described in Exhibit A to the
attached Resolution.
The applicant is proposing to vacate the conservation easement described in O.R. Book 3996, Page 3495
of the Official Records of Collier County, Florida, in order to develop a single-family subdivision within
the Triad PUD (Ordinance 17-29). This conservation easement is approximately 1.3 acres. It was
originally granted to the County as a requirement of a previous Site Development Plan for the property,
but construction for that project never commenced. The recently approved Triad PUD (Ordinance 17-29)
now requires a minimum of 1.4 acres of preserve area on-site. As such, the property owner will grant a
newly reconfigured 1.4 acre preserve area to the County in order to meet the minimum PUD pr eserve
area requirement.
According to the Property Appraiser, Sarecino, LLC, is the fee simple owner of the real property
underlying the easement, as well as the rest of the real property within the Triad PUD. The applicant,
D.R. Horton, Inc., is contract purchaser for the property. Sarecino, LLC has provided their consent for
the applicant’s vacation request.
The applicant proposes to provide a replacement preserve area (1.4 acres), which will be dedicated to the
County as part of the proposed Hadley Place East plat (Petition # PL20160002628). The preserve area
will be dedicated to the County without maintenance responsibility, and to the applicable Home Owners
Association (HOA) with maintenance responsibility. The plat will be heard at the same Board of County
Commissioners (Board) meeting as this vacation request.
This request will not result in public detriment because staff has determined that the total preserve
acreage for the overall property will still satisfy the minimum required preserve area. The property is
within the Triad PUD, which requires a minimum of 1.4 acres of preserve area. The current preserve
area on-site (i.e-the area to be vacated) is 1.3 acres, and the proposed replacement preserve will be 1.4
acres. Therefore, if this vacation is approved, the total preserve area on-site will be 1.4 acres, which
satisfies the minimum required preserve area for this property.
The Development Review Division has reviewed this petition and found no reason for objection.
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09/26/2017
This vacation request is contingent upon approval of the companion plat, which contains the replacement
easement.
FISCAL IMPACT: The Growth Management Department, Development Review Division 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 action.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of the conservation easement
described in O.R. Book 3996, Page 3495, et seq., in the Official Records of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt
resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof,
granted to the County or public by any instrument recorded in the public records of Collier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
when such interest is granted to the County or public by any instrument recorded in the public records
other than on a subdivision plat, when the following criteria are met:
1) Public benefit is established or no public detriment is established.
2) The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or
County dedicated easement is sought to be extinguished.
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-PL20170002386,
which will vacate the County and the public interest in the conservation easement described in O.R. Book
3996, Page 3495, et seq., of the Official Records of Collier County, Florida, located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A;
and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of
Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application Submittal 2 02 Revised (PDF)
2. Resolution - 080217 (PDF)
3. Conservation Easement OR 3996 PG 3495 (PDF)
4. Plat Proposed Hadley Place East (PDF)
5. Legal Ad - Agenda ID 3577 (PDF)
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G
Doc ID: 3577
Item Summary: 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-PL20170002386 to disclaim, renounce and vacate the County and the public
interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq. of the Official
Records of Collier County, Florida. The subject property is located on the northeast corner of Palm
Springs Boulevard and Radio Lane, approximately one half mile west of Collier Boulevard, in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda item
16.A.50).
Meeting Date: 09/26/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
08/16/2017 8:27 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/16/2017 8:27 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 08/16/2017 12:23 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/17/2017 4:16 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/22/2017 8:59 AM
Growth Management Department Marcus Berman Additional Reviewer Skipped 08/16/2017 8:27 AM
Growth Management Department James French Additional Reviewer Completed 08/23/2017 10:07 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/15/2017 8:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/15/2017 9:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2017 9:26 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/19/2017 9:26 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2017 12:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 1 of 5
APPLICATION FOR VACATING
Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code
AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________
AVPLAT- Vacation of Plats or portions of plats of subdivided land
Plat Book: ______________________________ Page(s): _______________________________
AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the
public records (other than on a subdivision plat), platted or unplatted land, except for public roads.
Official Record Book: ___________________________ Page(s): _________________________
PETITION NO (PL)
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Property Owner: ___________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
Name of Agent: ____________________________________________________________________________
Firm: _____________________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
For Staff Use
OR3996 PG3495
D.R.Horton, Inc. / Jonathon Pentecost
10541 Six Mile Cypress Pkwy Ft. Myers FL 33966
239-225-2631 817-928-8986
jweverett@drhotron.com
Michael C. Pappas, P.E.
RWA, Inc.
6610 Willow Park Drive, Suite 200 Naples FL 34109
(239) 597-0575 (239) 597-0578
mpappas@consult-rwa.com
Applicant:
17.G.1
Packet Pg. 3546 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 2 of 5
PROPERTY INFORMATION
Reason for Request: _________________________________________________________________________
Address of Subject Property: __________________________________________________________________
Legal Description: ___________________________________________________________________________
Section: _______ Township: _______ Range: _______
Current Zoning: __________________________ Will this affect density? ______________________________
NOTE:
1) If applicant is a land trust, indicate the name of beneficiaries.
2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major
stockholders.
3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the
principals.
4) List all other owners.
Reconfigure required countypreserve
645 SARECINO CIR
See Attached
34 49S 26E
Triad PUD No
17.G.1
Packet Pg. 3547 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 3 of 5
SUBMITTAL REQUIREMENTS CHECKLIST
This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
For further explanation regarding the requirements for the Vacating Application, and the below checklist,
refer to Resolution 2013-166.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Addressing Checklist signed by Addressing Department 1
CD of complete application and all submittal documents in PDF format 1
Fee Simple Deed 1
Statement explaining the general public benefit received from the proposed vacation 1
Certificate showing all State and County taxes have been paid for subject parcel 1
Assessment map depicting area of proposed vacation 1
List of abutting and other property owners within 250 feet of the proposed vacation including their
address, and parcel number 1
Site Plan on 8 ½ in. x 11 in. paper 1
Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled
(in bold: “Exhibit A”) 3
Signed and sealed sketch of the legal description 3
Copy of the recorded subdivision plat, if applicable 1
Letter Authorizing representation, if the applicant isn’t the owner 1
Affidavit of Authorization, signed and sealed 1
Replacement easement documentations, if applicable 3
If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or
ownership & encumbrance report by a title company 1
A copy of document that granted, conveyed or dedicated the easement to the County or public, for
Vacation of Easement only
1
Copy of document which granted, conveyed or dedicated the right-of-way to the county or public,
for Vacation of Right-of-Way only 1
Letters of No Objection, from each of the following, as applicable: (addresses may not be current)
Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL
34102. (239) 262-1322
Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105.
(239) 263-6234
Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL
34112. (239)774-4434.
Golden Gate and East Naples Fire Control and Rescue: ATTN: Kingman Schuldt, 14575 Collier Blvd.
Naples, FL 34119. (239) 348-7540
North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109.
(239) 597-9227
Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990.
(239) 574-2020
Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL
33913. (239) 432-1805.
Adjacent Property Owners
Homeowners Association
1
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17.G.1
Packet Pg. 3548 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 4 of 5
FEE REQUIREMENTS
Application Fee: $2,000.00
Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the
time of submittal)
o AVROW: $700.00
o AVPLAT: $1000.00
o AVESMT: $1000.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department/Development Review Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant/Agent Signature Date
______________________________________________________________________________________________
Applicant/Agent Signatu
6/29/2017
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17.G.1
Packet Pg. 3549 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.2
Packet Pg. 3550 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.2
Packet Pg. 3551 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.2
Packet Pg. 3552 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.2
Packet Pg. 3553 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3554 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3555 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3556 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3557 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3558 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.3
Packet Pg. 3559 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.4
Packet Pg. 3560 Attachment: Plat Proposed Hadley Place East (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.4
Packet Pg. 3561 Attachment: Plat Proposed Hadley Place East (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.5
Packet Pg. 3562 Attachment: Legal Ad - Agenda ID 3577 (3577 : VAC-Hadley Place East-Companion to Final Plat)
17.G.5
Packet Pg. 3563 Attachment: Legal Ad - Agenda ID 3577 (3577 : VAC-Hadley Place East-Companion to Final Plat)
09/26/2017
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary
moratorium on the opening of certain new cannabis dispensing facilities from October 10, 2017 to
December 31, 2017.
OBJECTIVE: To extend the temporary moratorium on the opening of certain new cannabis dispensing
facilities from October 10, 2017 to December 31, 2017.
CONSIDERATIONS: On November 8, 2016, Florida voted to amend the Florida Constitution to
legalize the cultivation, production, and dispensing of medical cannabis for a broader population of
eligible patients. To implement this constitutional amendment, on June 9, 2017, the Florida Legislature
enacted Senate Bill 8-A, which stated in part that “A county may determine by ordinance the criteria for
the location of, and other permitting requirements that do not conflict with state law or departmental rule
for, all such dispensing units located within the unincorporated areas of that county.
On May 9, 2017, the Board enacted Collier County Ordinance No. 2017-17, which placed a temporary
moratorium through October 10, 2017, on the opening of certain new cannabis dispensing facilities, and
on the expansion or relocation of certain existing cannabis dispensing facilities with the intent of allowing
the Board of County Commissioners (Board) the time reasonably necessary to investigate the impacts of
cannabis dispensing facilities, and if necessary, to promulgate reasonable regulations relating to such
establishments. During the Board’s meeting of July 11, 2017, the Board expressed its desire to extend the
temporary moratorium to December 31, 2017, to allow time for further investigation.
FISCAL IMPACT: The cost to advertise the proposed Ordinance was approximately $400.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt the attached Ordinance amending Ordinance No. 2017-17 to extend
the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10,
2017 to December 31, 2017.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Ordinance - Moratorium (PDF)
2. Ordinance 2017-17 (PDF)
3. Moratorium legal ad (PDF)
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.H
Doc ID: 3767
Item Summary: Recommendation to adopt an amendment to Ordinance No. 2017-17 extending
the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10,
2017 to December 31, 2017.
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
09/18/2017 2:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/18/2017 2:10 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2017 2:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2017 4:47 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/19/2017 9:27 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2017 2:32 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM
17.H
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