Agenda 12/11/2018 Item #17A12/11/2018
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-PL20170003027 to disclaim, renounce and vacate the County and the public interest
in a portion of the conservation easement located in Tract B of Villas at Greenwood Lake, Plat
Book 31, Pages 87 through 91 in the public records of Collier County, Florida. The subject property
is located in the northwest quadrant of Rattlesnake Hammock Road and County Barn Road, in
Section 17, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to
Agenda Item 17.B)
OBJECTIVE: To adopt a Resolution to vacate a portion of conservation easement located in Tract B,
Villas at Greenwood Lake, Plat Book 31, pages 87 through 91 in the public records of Collier County,
Florida, and to accept a replacement conservation easement.
CONSIDERATIONS: Petition VAC-PL20170003027 has been received by the Development Review
Division, Growth Management Department, from Tom Barber, of Agnoli, Barber, & Brundage, Inc., on
behalf of the property owner, Villas at Greenwood Lake Homeowners Association, Inc., to vacate a
portion of the conservation easement located in Tract B, Villas at Greenwood Lake, Plat Book 31, Pages
87 through 91 in the public records of Collier County, Florida, as further described in Exhibit A to the
attached Resolution. According to the Property Appraiser, Villas at Greenwood Lake Homeowners
Association, Inc., is the fee simple owner of the real property underlying the subject conservation
easement.
This property is within the Windsong PUD, Ordinance No. 93-74 and Ordinance No. 98-73, as amended.
The purpose of this vacation request is to remove a 28-foot wide strip of land (0.597 acres) from the
preserve area along the eastern border and a portion of the northern border of the property, in order to
allow for a privacy wall and berm to be placed along the property line. Since the Land Development Code
(LDC) prohibits walls within preserve areas, this portion of the preserve area (i.e-conservation easement)
must be vacated before the wall and berm can be placed in the desired locations. The applicant is also
requesting a companion PUD amendment in order to revise the PUD Master Plan to show the
reconfigured preserve. The PUD amendment will be presented as a separate agenda item to the Board of
County Commissioners (Board) at the same meeting as this vacation request.
The applicant proposes to grant the County a replacement conservation easement just south of the
easement to be vacated. The replacement conservation easement will contain approximately twice the
acreage (1.196 acres) of the portion of conservation easement being vacated (0.597 acres).
This vacation will not result in a public detriment because the replacement conservation easement will
increase the amount of preserve area in the PUD, and the overall preserve area will be above the
minimum required preserve area for the PUD. The minimum required preserve area for the PUD is 6.02
acres, and the preserve area will be 6.12 acres after approval of this petition. Moreover, staff has
determined that the new conservation easement is a sufficient replacement for the portion of a
conservation easement to be vacated.
The Development Review Division has reviewed this petition and found no reason for objection.
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.
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GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of the conservation
easement located in Tract B, Villas at Greenwood Lake, Plat Book 31, Pages 87 through 91 in 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 portion of the 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-PL20170003027,
which will vacate the county and public interest in a portion of the conservation easement located in Tract
B, Villas at Greenwood Lake, Plat Book 31, Pages 87 through 91 in the public records of Collier County,
Florida; approve the attached replacement conservation easement in favor of the County; 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 Resolution on the plat of Villas at Greenwood Lake, as recorded in Plat Book 31, Pages
87 through 91 of 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 (PDF)
2. Affidavit of Authorization (PDF)
3. Conservation Easement initialed by SAS_080118 (PDF)
4. Resolution - 080118 (2) (PDF)
5. Letter of No Objection from HOA- Signed (PDF)
6. Plat Villas at Greenwood Lake (PDF)
7. Email from David Anthony verification of acreage Villas at Greenwood Lakes r-1 (PDF)
8. Legal Ad - Agenda #6500 - 1 of 2 (PDF)
9. 11_28_2018 Legal Ad - Agenda #6500 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 6500
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-PL20170003027 to disclaim, renounce and vacate the County and the public
interest in a portion of the conservation easement located in Tract B of Villas at Greenwood Lake, Plat
Book 31, Pages 87 through 91 in the public records of Collier County, Florida. The subject property is
located in the northwest quadrant of Rattlesnake Hammock Road and County Barn Road, in Section 17,
Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B)
Meeting Date: 12/11/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/02/2018 9:00 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/02/2018 9:00 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/02/2018 9:14 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/02/2018 4:04 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/05/2018 2:23 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2018 11:11 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/13/2018 8:41 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/13/2018 6:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/14/2018 5:37 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/15/2018 2:53 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/16/2018 8:34 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/16/2018 9:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 11:23 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 9:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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17.A.1Packet Pg. 3171Attachment: Application (6500 : VAC-Villas at Greenwood)
17.A.1Packet Pg. 3172Attachment: Application (6500 : VAC-Villas at Greenwood)
17.A.1Packet Pg. 3173Attachment: Application (6500 : VAC-Villas at Greenwood)
17.A.1Packet Pg. 3174Attachment: Application (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3175 Attachment: Affidavit of Authorization (6500 : VAC-Villas at Greenwood)
17.A.3
Packet Pg. 3176 Attachment: Conservation Easement initialed by SAS_080118 (6500 : VAC-Villas at Greenwood)
17.A.3
Packet Pg. 3177 Attachment: Conservation Easement initialed by SAS_080118 (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3178 Attachment: Conservation Easement initialed by SAS_080118 (6500 : VAC-Villas at Greenwood)
17.A.3Packet Pg. 3179Attachment: Conservation Easement initialed by SAS_080118 (6500 : VAC-Villas at Greenwood)
17.A.3Packet Pg. 3180Attachment: Conservation Easement initialed by SAS_080118 (6500 : VAC-Villas at Greenwood)
17.A.4
Packet Pg. 3181 Attachment: Resolution - 080118 (2) (6500 : VAC-Villas at Greenwood)
17.A.4
Packet Pg. 3182 Attachment: Resolution - 080118 (2) (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3183 Attachment: Resolution - 080118 (2) (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3184 Attachment: Resolution - 080118 (2) (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3185 Attachment: Resolution - 080118 (2) (6500 : VAC-Villas at Greenwood)
17.A.5Packet Pg. 3186Attachment: Letter of No Objection from HOA- Signed (6500 : VAC-Villas at Greenwood)
17.A.6
Packet Pg. 3187 Attachment: Plat Villas at Greenwood Lake (6500 : VAC-Villas at Greenwood)
17.A.6
Packet Pg. 3188 Attachment: Plat Villas at Greenwood Lake (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3189 Attachment: Plat Villas at Greenwood Lake (6500 : VAC-Villas at Greenwood)
17.A.6
Packet Pg. 3190 Attachment: Plat Villas at Greenwood Lake (6500 : VAC-Villas at Greenwood)
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Packet Pg. 3191 Attachment: Plat Villas at Greenwood Lake (6500 : VAC-Villas at Greenwood)
17.A.7
Packet Pg. 3192 Attachment: Email from David Anthony verification of acreage Villas at Greenwood Lakes r-1 (6500 : VAC-Villas at Greenwood)
17.A.7
Packet Pg. 3193 Attachment: Email from David Anthony verification of acreage Villas at Greenwood Lakes r-1 (6500 : VAC-Villas at Greenwood)
17.A.8
Packet Pg. 3194 Attachment: Legal Ad - Agenda #6500 - 1 of 2 (6500 : VAC-Villas at Greenwood)
17.A.9
Packet Pg. 3195 Attachment: 11_28_2018 Legal Ad - Agenda #6500 (6500 : VAC-Villas at Greenwood)