Resolution 2001-158
16A12
RESOLUTION NO. 01-158
RESOLUTION RECOGNIZING AS LOTS OF
RECORD OR NONCONFORMING LOTS OF
RECORD, THE CURRENT LOT CONFIGURATION IN
TRAIL ACRES UNIT 3, FOR THOSE LOTS
PREVIOUSLY PLATTED IN PLAT BOOK 3, PAGE 94,
FORMERLY KNOWN AS LOTS 17 THROUGH 36,
BLOCK 1; LOTS 33 THROUGH 81, BLOCK 2; AND
LOTS 17 THROUGH 45, BLOCK 3.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 6, 1951, approved the vacation of only the above-stated Lots, without affecting the
remaining adjacent platted rights-of-way; and
WHEREAS, seventeen of the vacated Lots (Lots 17 through 23 Block One, and
Lots 33,36,37,40,41,44,45,48,52, and 55 Block Two) were subsequently replatted
as fifty foot (50') wide lots in March, 1966 as Trail Acres Unit Four, found at Plat Book
7, Page 103; and
WHEREAS, these Lots have since been resold over the ensuing years in
varying configurations without a further subdivision plat ever having been filed or
approved; and
WHEREAS, all of the fifty-three lots (as currently configured) are listed on the
attached Exhibit "A," and the lots are grouped into their current configuration as either
fifty foot wide lots or seventy foot wide lots on each of the two adjacent streets where
the lots are located, and the lots are also cross-referenced as to each lot's Folio
Number and STRAP Number; and
WHEREAS, the width of forty of the fifty-three lots is seventy feet (70') or more
(identified hereafter and in Exhibit "A" simply as seventy foot lots), and as a result,
these lots all comply with the minimum requirements for lot dimensions and area for the
RSF-4 Zoning District where all fifty-three of the lots are located; and
WHEREAS, pursuant to Section 3.2.4.9 of the Collier County Land
Development Code (OLDC"), the forty seventy foot (70') wide, proper1y-sized lots
comprise a "prior subdivision" and are therefore exempt from the LDC's current platting
requirements, and these lots otherwise comply with the definition for "Lot of Record"
status set forth in LDC Section 6.3; and
WHEREAS, the width of the thirteen other lots is fifty feet (50') and either the
deed creating a lot was recorded prior to November 13,1991, so as to comply with the
definition for "Lot of Record, Non-conforming" status set forth in LDC Section 6.3; or a
residential unit has been constructed on the lot, or both; and
WHEREAS, each of the lots, as currently configured, was assessed in May,
1992 for sewer improvements to the lots that were constructed by the County; and
WHEREAS, representatives of the Planning Services Department and the
County Attorney's Office have determined that filing a subdivision plat for the previously
vacated lots is no longer required or is not a practical alternative given that the lots are
held by individual property owners; and
WHEREAS, the current configuration of fifty-three lots comprises a total area of
15.48 acres which, assuming one dwelling unit per lot, equates to a gross density of
only 3.49 dwelling units per acre; and
WHEREAS, the lots are located in an area designated on the Future Land Use
Element of the Growth Management Plan as an Urban Coastal Fringe Sub-district
which has a maximum residential density of four dwelling units per acre, and
WHEREAS, these properties and the RSF-4 zoning on these lots was
previously determined to be consistent with the Growth Management Plan via Policy
5.9 of the Future Land Use Element; and
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16A12
OR: 2814 PG: 0744
WHEREAS, the configuration of the current lots does not exceed the allowable
density for either the corresponding land use designation or zoning district; and
WHEREAS, recognizing the forty (40) seventy foot (70') wide lots as they are
currently configured as "Lots of Record" and the thirteen (13) fifty foot (50') wide lots as
they are currently configured as "Non-conforming Lots of Record" under the LDC would
not result in an increase to either the density or the intensity of their use or
development, and would be in the best interest of the public; and
WHEREAS, recognizing the thirteen (13) fifty foot (50') wide lots as Non-
conforming Lots of Record would not be inconsistent with the Intent provisions set forth
in LDC s. 1.8.1.1.; and
WHEREAS, not recognizing the existing lots (Le., as they are currently
configured and appear on Exhibit "B") as either Lots of Record or Non-conforming Lots
of Record which otherwise comply with current LDC and Comprehensive Plan
requirements would be inequitable, especially where the lot owners have made
payments for improvements provided to their lots in reliance on their individual lot's
configuration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The current lots, as listed on Exhibit "A," and as depicted on attached Exhibit
"B," are hereby recognized in their present configurations, and as such, each
such lot listed on Exhibit A as:
1) a seventy foot (70') wide (or actually greater) lot hereby constitutes a
"Lot of Record," as that term is defined in LDC Section 6.3, and this
status will control whenever any development permits or building
permits may be requested for such lots; and
2) a fifty foot (50') wide lot hereby constitutes a "Non-conforming Lot of
Record" as that term is defined in LDC Section 6.3, this status, as
well as any conforming aspect of each such lot's actual
configuration, will control whenever any development permits or
building permits may be requested for such lots, subject to the
provisions of LDC s. 1.8.2. A.
BE IT FURTHER RESOLVED AND ORDERED that this Resolution be recorded
in the Public Records of Collier County, and that the Clerk of the Board make a
marginal notation of the Official Record Book and Page numbers where this Resolution
has been recorded in the publiC record for the plats of Trail Acres Unit Three, found at
Plat Book 3, Page 94, and Trail Acres Unit Four, found at Plat Book 7, Page 103, so
that the effect of this Resolution may be made better known.
This Resolution adopted after motion, second and majority vote favoring same.
. APR 2 4 lUIl1
DATE: ". : .
ATTEST: "
DWIGHT E. SROCK, CLERK
~4~,.,*",- ~(J
OeputyClerk
Attest as to Chairman's
stgAlture 001.1.
A proved as to form and legal
su iey ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID
16 A12
OR: 2814 PG: 0745
The folio Numbers and STRAP Numbers for the 50 fool Lots. bv street where
located are:
Folio #
STRAP #
Porter Street:
441400007
440840008
440240006
441200003
446160009
502632007.029
502632007.015
502632 007.000
502632007.017
502632123.000
Benson Street:
441360008
440560003
440520001
440480002
440600002
446800000
441280007
441120002
502632007.028
502632 007.008
502632007.007
502632007.006
502632007.009
502632 139.000
502632007.026
502632 007.022
2 OF 2
EXHIBIT "A"
Previously Platted Lots from
TRAIL ACRES UNIT 3-
AS CURRENTLY CONFIGURED
Folio #
The Folio #'s for 70' Lot properties. by street where located:
STRAP #
Porter Street:
00440880000
00441400007
00446760001
00440360009
00441320006
00440800006
00446200008
00446240000
00446280002
00441000009
00446320001
00446360003
00446400002
00441080003
00446480006
00446440004
00446520005
00446120007
00446000004
00445960006
00445920004
00446040006
00446640008
00446680000
00446560007
00446080008
00446600006
00441240005
00446720009
00440960001
00440440000
00440920009
Benson Street:
00440280008
00441440009
00440680006
00440400008
00440640004
00440720005
00440760007
00441160004
502632007.016
502632 007.029
502632 138.000
502632007.000
502632 007.027
502632 007.014
502632 124.000
502632 125.000
502632 126.000
502632007.019
502632 127.000
502632 128.000
502632 129.000
502632 007.021
502632 131.000
502632 130.000
502632 132.000
502632122.000
502632 119.000
502632118.000
502632117.000
502632120.000
502632 135.000
502632 136.000
502632133.000
502632 121.000
502632134.000
502632007.025
502632137.000
502632007.018
502632 007.005
502632007.017
502632007.001
502632 007.030
502632007.011
502632007.004
502632007.010
502632007.012
502632007.013
502632007.023
1 OF 2
OR: 2814 PG: 0746
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