Agenda 12/10/2019 Item #17F (Resolution - Vanderbilt Country Club)12/10/2019
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-PL20190001669, to disclaim, renounce and vacate the County and the public interest
in a portion of Preserve/Replant Areas PA15 & PA16 of Vanderbilt Country Club -2, as recorded in
Plat Book 32, Pages 42 through 55, and Preserve Areas M-1, M-2, M-3, and M-4 as recorded in
Official Record Book 2406, Pages 549 through 589 of the public records of Collier County, Florida,
located approximately one-quarter mile east of County Road 951 (Collier Boulevard) in Section 35,
Township 48 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of a
Conservation Easement to replace the vacated portion of the Preserve/Replant Areas and Preserve
Areas.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of
Preserve/Replant Areas PA15 & PA16 of Vanderbilt Country Club-2, as recorded in Plat Book 32, Pages
42 through 55, and Preserve Areas M-1, M-2, M-3, and M-4 as recorded in Official Record Book 2406,
Pages 549 through 589 of the public records of Collier County, Florida, located in Section 35, Township
48 South, Range 26 East, Collier County, Florida being more specifically shown in Exhibit A, and to
accept Petitioner’s grant of a Conservation Easement to replace the vacated portion of the
Preserve/Replant Areas and Preserve Areas.
CONSIDERATIONS: Petition VAC-PL20190001669 has been received by the Development Review
Division, Growth Management Department from Chris Hagan, P.E., of Hagan Engineering, as agent for
the property owner, to vacate a portion of Preserve/Replant Areas PA15 & PA16 of Vanderbilt Country
Club-2, as recorded in Plat Book 32, Pages 42 through 55 and Preserve Areas M-1, M-2, M-3, and M-4 as
recorded in Official Record Book 2406, Pages 549 through 589 of the public records of Collier County,
Florida, as further described in Exhibit A to the attached Resolution. According to the Property Appraiser,
the Vanderbilt Community Association Inc., is the fee simple owner of the real property underlying the
subject Preserve/Replant and Preserve Areas.
This property is within the Vanderbilt Pines PUD, Ordinance No. 98-52, as amended. The purpose of this
vacation request is to remove (0.54 acres) from the Vanderbilt Country Club Maintenance Facility area
along the westerly, southerly and northeasterly border of the property, in order to a llow for improvements
to the maintenance facility and parking lot. A portion of this area was part of the required preserve area
for the PUD.
The public benefit associated with the change in the Golf Course Maintenance Facility preserve/replant
areas and preserve areas including the relocation of these to the golf course on the referenced site. The
preserve/replant areas and preserve areas are currently located along the perimeter of the maintenance
facility and make it difficult to maintain proper buffering and densities using native vegetation at these
locations. These areas do not provide much benefit or function as they are narrow areas wedged between
developments on either side.
The proposed relocation is along the golf course, abutting existing pres erves in their natural areas. This
would allow for better conservation and preserve type areas throughout the golf course and can be
enjoyed by all in a more natural state consistent with code.
The applicant is not vacating the underlying Landscape Buffer or Utility Easements in the portions of
previously mentioned Preserve/Replant Areas PA15 & PA16.
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This vacation will not result in a public detriment because the replacement conservation easement will be
a greater acreage than what is being removed. The vacation request is to remove a total of 0.54 acres
while the replacement conservation area will total 0.59 acres. Also, this vacation will not affect the
ownership or right of convenient access of persons owning other parts of the subdivision.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: 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 to vacate a portion of Preserve/Replant Areas
PA15 & PA16 of Vanderbilt Country Club-2, as recorded in Plat Book 32, Pages 42 through 55 and
Preserve Areas M-1 through M-4 as recorded in Official Record Book 2406, Pages 549 through 589 of
the public records of Collier County, Florida, as further described in Exhibit A to the attached Resolution.
Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions
vacating public easements and 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 vacation will not affect the ownership or right of convenient access of persons owning other
parts of the subdivision.
This item has been approved as to form and legality and requires a majority vote for Board approval. --
SAA
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-
PL20190001669, which will vacate the County and the public interest in a portion of Preserve/Replant
Areas PA15 & PA16 of Vanderbilt Country Club-2, as recorded in Plat Book 32, Pages 42 through 55
and Preserve Areas M-1, M-2, M-3, and M-4 as recorded in Official Record Book 2406, Pages 549
through 589 of the public records of Collier County, Florida, located in Section 35, Township 48 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, accept the
Petitioner’s grant of a Conservation Easement to replace the vacated Preserve/Replant and Preserve
Areas, 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 Vanderbilt Country Club-2, as recorded in
Plat Book 32, Page 42 through 55 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. Resolution - 111519 (PDF)
3. Location-Site Map (flat) (PDF)
4. Property Ownership Disclosure Form (PDF)
5. Affidavit of Authorization (PDF)
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6. LONO Vanderbilt Community Association (PDF)
7. OR 2406 page 0549 (PDF)
8. Conservation Easement - 111519 (PDF)
9. Legal Ad - Agenda ID 10894 1 of 2 (PDF)
10. Legal Ad - Agenda ID 10894 2 of 2 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 10894
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-PL20190001669, to disclaim, renounce and vacate the County and the public
interest in a portion of Preserve/Replant Areas PA15 & PA16 of Vanderbilt Country Club-2, as recorded
in Plat Book 32, Pages 42 through 55, and Preserve Areas M-1, M-2, M-3, and M-4 as recorded in
Official Record Book 2406, Pages 549 through 589 of the public records of Collier County, Florida,
located approximately one-quarter mile east of County Road 951 (Collier Boulevard) in Section 35,
Township 48 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of a
Conservation Easement to replace the vacated portion of the Preserve/Replant Areas and Preserve Areas.
Meeting Date: 12/10/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/15/2019 8:50 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/15/2019 8:50 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/15/2019 8:54 AM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/15/2019 9:02 AM
Engineering & Natural Resources Marcus Berman Additional Reviewer Skipped 11/15/2019 11:31 AM
Growth Management Development Review Marcus Berman Additional Reviewer Skipped 11/15/2019 11:31 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/15/2019 11:33 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 11/15/2019 1:27 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 11/15/2019 2:15 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/15/2019 4:34 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/21/2019 8:21 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2019 11:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/21/2019 11:48 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/21/2019 4:44 PM
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County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2019 9:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
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17.F.1Packet Pg. 3963Attachment: Application (10894 : VAC-Vanderbilt CC)
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Packet Pg. 3967 Attachment: Resolution - 111519 (10894 : VAC-Vanderbilt CC)
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Packet Pg. 3974 Attachment: Location-Site Map (flat) (10894 : VAC-Vanderbilt CC)
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Packet Pg. 3975 Attachment: Property Ownership Disclosure Form (10894 : VAC-Vanderbilt CC)
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17.F.4Packet Pg. 3984Attachment: Property Ownership Disclosure Form (10894 : VAC-Vanderbilt CC)
17.F.5Packet Pg. 3985Attachment: Affidavit of Authorization (10894 : VAC-Vanderbilt CC)
17.F.6Packet Pg. 3986Attachment: LONO Vanderbilt Community Association (10894 : VAC-Vanderbilt CC)
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Packet Pg. 3987 Attachment: OR 2406 page 0549 (10894 : VAC-Vanderbilt CC)
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Packet Pg. 4028 Attachment: Conservation Easement - 111519 (10894 : VAC-Vanderbilt CC)
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Packet Pg. 4048 Attachment: Legal Ad - Agenda ID 10894 1 of 2 (10894 : VAC-Vanderbilt CC)
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Packet Pg. 4049 Attachment: Legal Ad - Agenda ID 10894 2 of 2 (10894 : VAC-Vanderbilt CC)