Agenda 03/23/2010 Item #17A
Agenda Item No. 17A
March 23, 2010
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL2009-1556, to disclaim, renounce and
vacate the County's and the Public's interest in an unopened and unused 20-foot wide
alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market
Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105,
of the Public Records of Collier County, Florida, situated in Section 3, Township 47
South, Range 29 East, Collier County, Florida, and being more specifically described in
Exhibit "A".
OBJECTIVE:
To adopt a resolution vacating an unopened and unused 20-foot wide alley along the rear line of
Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat
thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County,
Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and
being more specifically described in Exhibit "A",
CONSIDERATIONS:
Petition VAC-PL2009-1556, has been received by the Engineering, Environmental,
Comprehensive Planning and Zoning Department from Michael R. Fernandez, AICP of Planning
Development Incorporated as agents for lBO, LLC and SAFA, LLC owners/applicants,
requesting the vacation of a 20-foot wide alley, All abutting property owners of the alley that are
not applicants of this petition have submitted letters consenting to the vacation, Since letters of
no objection have been received from applicable utility companies and other divisions and
entities, staff recommends the vacation of the alley based on the following commentary:
"County staff recommends approval of this easement vacation in-part because of
allowances made for replacement drainage easement rights, and also for [moderate)
additional capacity that is offered in exchange for approval of the proposed vacation."
Collier County Transportation Department has the following stipulation for approval of this
petition: "By way of accepting ownership of lands vacated by this approval, the applicant
agrees to abide by the terms proposed in the "Project Narrative & Statement Explaining
General Public Benefit" as a stipulation of this approval. Failure to meet the terms
proposed in this application for ROW vacation shall reflect upon the ability to complete
the subsequent Site Development Plan (or amendment) authorizing redevelopment of
this site. Also as a stipulation for approval, the applicant benefitting from this vacation
agrees that the terms of this 'general public benefit' shall survive any changes in
ownership for any portion of this [collection of] parcel(s), and as such shall notify any
subsequent owners that the commitments made here will run with the land until they are
completed as agreed."
FISCAL IMPACT:
Engineering, Environmental, Comprehensive Planning and Zoning Department 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,
Agenda Item No. 17 A
March 23, 2010
Page 2 of 13
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents for legal sufficiency. This item is ready for Board consideration and approval. (STW)
RECOMMENDATIONS:
Adopt a resolution vacating an unopened and unused 20-foot wide alley along the rear line of
Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat
thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County,
Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and
being more specifically described in Exhibit "A".
Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records, and to make proper notation of this
vacation on the recorded plat as referenced above.
PREPARED BY:
Stephen A. Higgins P.S.M., County Land Surveyor
Engineering, Environmental, Comprehensive Planning and Zoning Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17 A
March 23, 2010
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
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-PL2009-1556, to disclaim, renounce and vacate the Countys and the
Publics interest in an unopened and unused 20-foot wide alley along the rear line of Lots 1
through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat
thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier
County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County,
Florida, and being more specifically described in Exhibit A.
3/23/20109:00:00 AM
Date
Prepared By
Stephen H Iggln5
Community Development &
Environmental Services
County Surveyor
Engineering & Environmental Services
2/23/20108:39:45 AM
Michael Greene
Date
Approved By
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
2/23/20109:08 AM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
2/25/20104:10 PM
Date
Approved By
Steven Williams
County Attorney
Assistant County Attorney
County Attorney
3/112010 10:48 AM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
3/2/20104:30 PM
Approved By
Date
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - COES Engineering Services
Engineering & Environmental Services
3/3/20107:58 AM
Approved By
Date
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
3/9/20103:21 PM
Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 17A
March 23, 2010
Page 4 of 13
Date
Office of Management & Budget
3/10/20109:18 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/12/20102:11 PM
Approved By
Date
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/13/2010 9:43 AM
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Agenda Item No. 17 A
March 23, 2010
Page 6 of 13
LEGAL DESCRIPTION
A 20 FOOT ALLEY, BEING PART OF BLOCK 54,
NEWMARKET SUBDIVISION.
A 20 foot Alley, being port of Block 54, Newmorket Subdivision, os
recorded in Plot Book 1, Poges 104 ond 105 of the Public Records of
Collier County, Florido and being more porticulorly described os follows:
BEGINNING at the westerly corner of Lot 1, Block 54; thence South
45'54'50" East, olong the northeasterly boundory of said 20 foot Alley ond
common to the boundory of lots 1 through 9 of soid Block 54, 0
distance of 259.73 feet to the right-of-woy of Nixon Drive, formerly
Roilroad Street per record plot; thence South 15'14'40" West olong soid
right-of-way, a distonce of 22.83 feet; thence North 45'54'50" West
olong the southwesterly boundory of soid 20 foot Alley ond common to
the boundory of lots 11 through 21 of soid Block 54, a distonce of
270.74 feet to the right-of-woy line of Alochuo Street; thence North
44'05' 1 0" Eost olong soid right-of-woy, 0 distonce of 20.00 feet, to the
POINT OF BEGINNING.
Contoining 5,304.71 squore feet.
Subject to eosements, restrictions ond dedicotions of record.
Prepared by:
sealed by surveyor ond occomponied by Sheet 2.
A. TRIGO & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS I< PLANNERS
2223 TRADE CENTER WAY
NAPLES, FLORIDA 34109
LAND SURVEYING BUSINESS # 3964
Sheet 1
NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION
C 09.0025 olley vocation
EXHIBIT "A"
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Agenda Item No. 17A
SKETCH OF DESCRIPTION
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<2>\ ,.:110 Westerly Corner
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Note: Not volid unless occomponied by Sheet 1.
EXHIBIT "A"
NOT A SURVEY
SKETCH OF DESCRIPTION
~ A. TRIGO & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS ole PLANNERS
2223 TRADE CENTER WAY
NAPLES. FLORIDA 34109
LAND SURVEYING BUSINESS # 3964
REVISED OATE :
DRAWN BY: AT
SHEET .l_ OF .l_
Februory 26. 2009
SCALE: Not to Scole
FILE NO. C 09.0025
. 1.
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Agenda Item No. 17A
March 23, 2010
Page 8 of 13
PROJECT NARRATIVE &
STATEMENT EXPLAINING GENERAL PUBLIC BENEFIT
Applicant's goal is to vacate the existing alley to pennit a unified and efficient use of the under utilized
and noncompliant small parcels under common ownership that are located on either side of the alley.
The unified plan of development will support a new restaurant within a County designated
redevelopment corridor.
Existing improvements are noncompliant relative to numerous development standards including but
not limited to yard requirements (setbacks), drainage, landscaping, ingress-egress driveways and
interconnection.
Current improvements within the alley restrict benefit to the abutting lots and not to the general public.
The vacation will pennit the proposed redevelopment of two of the parcels as a restaurant, which will
be compliant with applicable LDC development standards and will greatly further the goal and desires
for:
. redevelopment,
. increased local employment,
. visual enhancement,
. interconnectivity,
. drainage,
· pedestrian safety through the instaIlation of sidewalks and
· vehicular safety through the reduction of r/w driveways and access points
The extent of these enhancements is not possible through the individual use and individual
redevelopment of the parcels.
In addition to the benefits noted above, the general public will benefit from an increased tax base from:
· the unified parcels and a proposed storm water management plan for the redevelopment which will
yield excess drainage (water quality) capacity which will be reserved for and designated for the
benefit of the County. Excess capacity is equal to Yz" over the entire site area; this quantity would
provide the required water quality for a 230 If segment of Newmarket Road r/w from centerline to
property line.
Additionally, with the application for the restaurant parcel SDP, the developer will return an
access/maintenance easement (D.E.lA.E./M.E) for below grade drainage infrastructure for the entire
width and length of the alley requested to be vacated.
VAC-PL2009.1SS6 REV. 1
NEW MARKET SUBDIVISION BLOCK 54
DATE: 10/8/09
DUE: 10/22/09
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Agenda Item No. 17A
March 23, 2010
Page 9 of 13
....
Based on discussions with Staff and correspondence with an Assistant County Attorney, it is our
understanding that the vacated alley will be deeded to the associated abutting (4) parcels under
separate ownership. The deeds will be held by the County and released for recording only when the
applicant submits the following:
1. Quit-claim deeds from the non-applicant abutting owners who have provided letters of no
objection in support of this petition. These deeds must be submitted to the County prior to or
concurrent with the applicant's submittal of the application for the SDP site plan, which is an
exhibit to the vacation petition.
2. An approval letter for the SDP site plan which is an exhibit to this vacation petition. And, said
SDP shall include the pre-treat and/or water quality capacity reservation, one of the public
benefits noted above. The SDP site plan shall be generally consistent with the proposed SDP
site plan exhibit attached to this vacation petition, and shall include the easements and
dedications referenced on said plan; which shall include:
a. a storm water management plan for the redevelopment of the western Newrnarket Road
frontage parcel which yields excess drainage (water quality) capacity reserved for and
designated for the benefit of the County. An associated easement in a form acceptable
to the County shall be provided for this reservation benefitting the County.
b. an access/maintenance easement (D.E.lA.E./M.E), in a form acceptable to the County,
for below grade drainage infrastructure over the entire width and length of the alley
requested to be vacated.
c. an ingress-egress / cross access easement and associated landscaping/irrigation!
maintenance easement between the two Newrnarket Road fronting parcels which
provides for the western fronting parcel to seek and thereafter install and maintain
improvements of pavement, traffic control markings and signs, associated landscaping
buffer and irrigation improvements which front Newrnarket Road,
Agenda Item No. 17 A
March 23, 2010
Page 10 of 13
RESOLUTION NO. 2010-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-
PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED
AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF
LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW
MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED
IN SECTION 3, TOWNSHIP, 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN
EXHIBIT "A".
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, lBO, LLC
and SAFA, LLC, request the vacation of an unopened and unused 20-foot wide alley
along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market
Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and
105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47
South, Range 29 East, Collier County, Florida, and being more specifically described in
Exhibit "A".
WHEREAS, the Board has this day held a public hearing to consider Petitioners'
request, and notice of said public hearing was given as required by law; and
WHEREAS, the granting of Petitioners' request will not adversely affect the
ownership or right of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
20-foot wide alley as specifically described in Exhibit 'A' is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of this Resolution in the Official Records of
Collier County, Florida; to make proper notation of this vacation on the recorded plat as
referenced above.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of ,2010.
1012
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams S'f"'"
Assistant County Attorney 2,41.11>
Attachments: EXHIBIT A - Legal Description
CP\10-EIS-01887\5
Agenda Item No. 17 A
March 23, 2010
Page 11 of 13
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
20f2
Agenda Item No. 17A
March 23, 2010
Page 12 of 13
rl
Naples DaII, News · Sunda" IIarcb 7,2010 . UD
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RElATING TO PETlTlON VAC-Pl2009.1SS6, TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENEOAND
UNUSED 2a-FOOT WIDE ALLEY ALONG T1iE REAR LINE OF LOTS 1 THROUGH 9 AND
11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO. THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF.THE PUBLIC RE.
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minutes to speak: on an Item. '
Persons wishing to have written or graphic materials included in the Board agenda
p~i:lr ~~~g~Ub~tta~idca~~t~~:n m~~~~ri:ts ~~~n=~o pt;' c~~s~~~~
Coard shall be submitted to the appropriate County staff a minimum of seven days
prior to the' public hearing. All material US~ in prese~tatl:on5before the Boai'd
willbecomeapermanentpartoftherec~rd. ' ";_ :~. '-'. .
Any person who deddesto' appeal a decision of the BOci~d- will need a record of the:
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'dence upon which the appeal is based.
If you are a person with a disability who needs-any accom'modatlori in order to par~ .
ticlpate in this proceedIng; you are entitled, at no cost to you, to the provision of
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252-8380. AsSisted listening devices for, the hearing impaired are Ivallable in, the
County Commissioners' O!fice.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERK
flEAtrn Je,nnejohn, Deputy Clerk ,
MArt'h 7 II. 14 'nlO ' ...
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Naples DeBy News. Sunday, March 14, 2010 ..23D
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NOTICE OF PUBLIC HEARING TO CONSIDER RESOLlITION
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Resolution 15 as follows:
A RESOLlITlON OF THE BOARD OF COUNTY COMMISSIONERS OF 'COLUER COUNTY.
FLORIDA, RELATING TO PETITION VAC-PL2009-1SS6, TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND
UNUSED 2~FOOT WIDE ALLEY ALONG THE REAR LINE Of LOTS 1 THROUGH 9 AND
11 THROUGH 21, BLOCK 54,. NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECQRDED IN PLAT BOOK 1, PAGES 104 AND lOS, OF THE PUBLIC RE-
CORDS OF COLLlEll COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN
EXHIBIT "A". .'
NOTE: All Persons Wishing to' "~pe.k, on any, ag~da :Item. mUst regist~r with the
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. ~:~~U~y t~h:P~~:ir~ =~::~~ ~~~a~i:~~~ :: ~::au,ftz:ti~~c~:;~'allgtt':oPo
. minutes fa speak on an item.
Persons wishing to have wrlttE!'n or graphic materials included in the... Board agend~
p~~7r h~~~g~ub::;ita~idca~~t:~~n m~~~:;s ~~t~nd~~o ~b':rc:S~:redb~h:
Coard shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before -the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
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dence upon which the appeal is b'ased. "
. , , .
If you are a person with "a disability who needs any accommodation in order to par~
ticlpate in this proceeding; you are - entitled, at no cost to you. to the provision of
certain assistance. Please contact the Collier County Facilities Management De~art~
~~~i3~~a:~I~~lfl~e~l~gl~~~i~~:,lIf;:s:t,eB~~~~~v.:ri.:=!_J;r~~1fa'~1~2'in 2:~l~
Cou".ty Commissloners'Office. - - - :,:.,' .
~gfiWRf6t~;rL~~:t,~ISSIONERS
FRED W. COYLE, CHAIRMAN
DWIGHT E.BROCK. CLERK.
r~Atnn Jen,n~john; ;~eputy a,~rk
Marrh 7 & 14 '010
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Agenda Item No. 17A
March 23, 2010
Page 13 of 13