Agenda 03/01/2021 Item #2A03/01/2021
EXECUTIVE SUMMARY
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to disclaim, renounce and vacate the County and the
public interest in Gulf Shore Court, the 20-foot alley in Block “D” and a portion of Center Street,
all part of the plat of Vanderbilt Beach Center, Plat Book 3, Page 16 of the Public Records of
Collier County, Florida, as part of the application for the One Naples project. The subject Right-of-
Ways are located in the northeast quadrant of the intersection of Gulf Shore Drive and Vanderbilt
Beach Road in Section 32, Township 48 South, Range 25 East, Collier County, Florida.
(PL20200000368) (This is a companion to items 2B and 2C, PL20190000696 and PL20190000697).
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in Gulf Shore Court,
the 20-foot alley in Block “D” and a portion of Center Street, all part of the plat of Vanderbilt Beach
Center, Plat Book 3, Page 16 of the Public Records of Collier County, Florida, as part of the application
for the One Naples project, being more specifically shown in Exhibit A.
CONSIDERATIONS: The Development Review Division has received a request from Christopher R.
Mitchell of J. R. Evans Engineering, P.A., as agent for the applicant, Vanderbilt Naples Holdings, LLC.
This request is to vacate Gulf Shore Court, the 20-foot alley in Block “D” and a portion of Center Street,
all part of the plat of Vanderbilt Beach Center, Plat Book 3, Page 16 of the Publ ic Records of Collier
County, Florida.
This vacation of Right-of-Ways is necessary for the One Naples project and will be heard as a companion
item to both the application to rezone the property from C-3 Commercial Intermediate Zoning District to
Mixed-Use Planned Unit Development (PL20190000697), and the Growth Management Plan
Amendment for One Naples (PL20190000696).
On January 12, 2021, the Board of County Commissioners approved a Resolution to set a hearing date
(Resolution No. 2021-04) on the requested vacation of right-of-ways in accordance with Sections 336.09
and 336.10, Florida Statutes.
The applicant owns several contiguous lots within the Vanderbilt Beach Center plat and is proposing to
develop a mixed-use project, to be known as One Naples, composed of both residential and commercial
uses, including a marina with a fuel dock, and a ship’s store. The subject vacation will allow the
developer to create a cohesive and contiguous project.
In order to preserve vehicular circulation, a privately maintained access drive connecting Vanderbilt
Beach Road to Southbay Drive will replace the vacated right-of-ways to ensure that the public will have
adequate access to and around the proposed project. A replacement County Utility Easement, with
access to facilities, will also be provided. No vertical construction will be permitted on MU Tract 1 until
the permanent replacement easement is recorded. Additionally, there will be no lapse to County potable
water and wastewater service, as the County will retain a Temporary County Utility Easement and
Temporary Access Easement. These conditions are further described in the attached Resolution and have
been reviewed in conjunction with the County’s Public Utilities Department. The applicant has also
agreed to all of the above referenced conditions.
Letters of No Objection were received from various utility providers including FPL, Comcast,
Centurylink, as well from adjacent property owners.
The proposed vacation will result in several public benefits. The vacat ion of the right-of-ways will
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remove these public roads from the County’s maintenance program, as the applicant will be responsible
for maintenance of the access drive connecting Vanderbilt Beach Road to Southbay Drive, which will
provide access to the public. Further, as part of the One Naples project, the applicant will provide traffic
signalization to improve traffic circulation, beach parking garage technology upgrades, landscape
upgrades, utility improvements, roadway/drainage improvements, and street lighting. These
improvements provide a public benefit as they will improve traffic operations as well as drainage and
roadway conditions for Vanderbilt Beach Road, Gulf Shore Drive, Southbay Drive, and the access drive
connecting Vanderbilt Beach Road to Southbay Drive.
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.
GROWTH MANAGEMENT IMPACT: A companion petition [PL20190000696] Small Scale Growth
Management Plan (GMPA) Amendment application has been submitted for 5.42 acres to rezone property
from the C-3, Commercial Intermediate Zoning District to a Mixed Use Planned Unit Development
(MPUD). The amendment seeks to allow up to 172 multi -family residential dwelling units, up to 10,000
square feet of commercial uses, and to increase the allowable density from 16 DU/A to 31.7 DU/A.
Additionally, petition PL20190000696 seeks to establish a new mixed-use Subdistrict in the Future Land
Use Element (FLUE) and on the Future Land Use Map (FLUM) and map series for the subject property.
LEGAL CONSIDERATIONS:
Petitioner is requesting vacation of the County and the public interest in Gulf Shore Court, the 20-foot
alley in Block “D” and a portion of Center Street, all part of the plat of Vanderbilt Beach Center, Plat
Book 3, Page 16 of the Public Records of Collier County, Florida
Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with
respect to property under their control, upon petition of any person or persons, may adopt a resolution to
vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or
other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce
and disclaim any right of the County and the public in and to any land in connection therewith, 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.
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 PL20200000368,
which will vacate the County and the public interest in Gulf Shore Court, the 20-foot alley in Block “D”
and a portion of Center Street, all part of the plat of Vanderbilt Beach Center, Plat Book 3, Page 16 of the
Public Records of Collier County, Florida in Section 32, Township 48 South, Range 25 East, being more
specifically shown in Exhibit A; and direct the Clerk 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,
Growth Management Department.
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ATTACHMENT(S)
1. Property Ownership Disclosure Forms (flat) (PDF)
2. Resolution Draft - 012621 (PDF)
3. Application (PDF)
4. LOO - Letters of Objection (PDF)
5. LONO-Letters of No Objection - All (PDF)
6. Plat Vanderbilt Beach Center PB 3 pg 16 (PDF)
7. Affidavit of Authorization1 (PDF)
8. Affidavit of Authorization2 (PDF)
9. 2021-02-02 Signed Hearing Waiver for ROW Vacation to Marc Berman (PDF)
10. legal ads backup (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 2.A
Doc ID: 14755
Item Summary: This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to disclaim, renounce and vacate the County and
the public interest in Gulf Shore Court, the 20-foot alley in Block “D” and a portion of Center Street, all
part of the plat of Vanderbilt Beach Center, Plat Book 3, Page 16 of the Public Records of Collier County,
Florida, as part of the application for the One Naples project. The subject Right-of-Ways are located in
the northeast quadrant of the intersection of Gulf Shore Drive and Vanderbilt Beach Road in Section 32,
Township 48 South, Range 25 East, Collier County, Florida. (PL20200000368) (This is a companion to
items 2B and 2C, PL20190000696 and PL20190000697).
Meeting Date: 03/01/2021
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
01/22/2021 2:21 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
01/22/2021 2:21 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/26/2021 11:44 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/26/2021 12:39 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/27/2021 7:30 AM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 02/01/2021 9:08 AM
Road Maintenance Albert English Additional Reviewer Completed 02/01/2021 3:19 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 02/02/2021 1:02 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/02/2021 3:48 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/04/2021 4:40 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 02/08/2021 3:28 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/08/2021 3:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/10/2021 9:55 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/17/2021 4:34 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/23/2021 3:47 PM
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Board of County Commissioners MaryJo Brock Meeting Pending 03/01/2021 9:00 AM
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Packet Pg. 9 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 10 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 11 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 12 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 13 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 14 Attachment: Property Ownership Disclosure Forms (flat) (14755 : VAC-One Naples)
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Packet Pg. 15 Attachment: Resolution Draft - 012621 (14755 : VAC-One Naples)
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Packet Pg. 16 Attachment: Resolution Draft - 012621 (14755 : VAC-One Naples)
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Packet Pg. 17 Attachment: Resolution Draft - 012621 (14755 : VAC-One Naples)
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Packet Pg. 18 Attachment: Resolution Draft - 012621 (14755 : VAC-One Naples)
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Packet Pg. 19 Attachment: Resolution Draft - 012621 (14755 : VAC-One Naples)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
/2019 Page 1 of
APPLICATION FOR VACATING
FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code
Ƒ AVROW- Vacation of Road Right-of-Way, Road Name: _________________________________Ƒ AVPLAT-Vacation of Plats or portions of plats of subdivided land
Name of Plat: _____________________________________ Plat Book: ______ Page(s): _________Ƒ 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 publicroads.
Official Record Book: _______________________ Page(s) ______________
APPLICANT CONTACT INFORMATION
Name of Owner: ____________________________________________________________________
Name of Applicant if different than 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: ____________________________________________________________________
PROPERTY INFORMATION
Address of Subject Property: ________________________________ Parcel ID # ____________
Legal Description: ______________________________ Lot ______ Block ______ Tract ______
Section/Township/Range: _____/_____/_____
Current Zoning:_______________________
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 theofficers 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.
■The entirety of Gulf Shore Court / Unnamed Alley and a portion of Center Street
Vanderbilt Naples Holdings, LLC (Keith Gelder)
2639 Professional Cir. #101 Naples FL 34119
239-592-7344 239-592-7541
kgelder@stockdevelopment.com
Christoper R. Mitchell, P.E.
J.R. Evans Engineering, P.A.
9351 Corkscrew Road, Suite 102 Estero FL 33928
239-405-9148 239-288-2537
cmitchell@jreeng.com
Gulf Shore Court, Southbay Drive, Center Street
See Sketch and Legal Description
32 48S 25E
C-3
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Packet Pg. 20 Attachment: Application (14755 : VAC-One Naples)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
//2019 Page 2 of
SUBMITTAL REQUIREMENT 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 the County website)1 X Ƒ
Addressing Checklist signed by Addressing Department 1 X Ƒ
CD of complete application and all submittal documents in PDF format
(not required if electronic submittal)
1 X Ƒ
Fee Simple Deed 1 X Ƒ
Statement explaining the general public benefit from the propos ed
vacation 1 X Ƒ
Certificate showing all State and County taxes have been paid f or subject
parcel 1 X Ƒ
Assessment map depicting area of proposed vacation 1 X Ƒ
List of abutting and other property owners within 250 feet of t he proposed
vacation including their address and parcel number 1 X Ƒ
Site Plan on 8½” x 11” paper 1 X Ƒ
Sketch & legal description of what is to be vacated on 8½” X 11”, labeled
with a bold Exhibit “A” signed & sealed by hand or digitally.1 X Ƒ
Copy of the recorded subdivision plat, if applicable 1 ƑƑ
Letter Authorizing representation, if the applicant isn’t the owner 1 ƑƑ
Affidavit of Authorization signed and sealed 1 X Ƒ
Replacement easement documentations, if applicable 1 ƑƑ
If replacement easement is required by Collier County, provide a current
attorney’s Title Opinion or ownership & encumbrance report by a title
compan y
1 ƑƑ
A copy of document that granted, conveyed or dedicated the easement to
the County or public, for Vacations of Easement only 1 ƑƑ
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 ƑƑ
Completed Property Ownership Disclosure Form (download current f orm
from the Count y website)1 X
Reason for Request (required for AVROW applications only)1 X
REQUIREMENTS FOR RECORDING:
Upon approval of application, signed with raised seal, two copi es of
Exhibit “A” will need to be submitted for Board approval and recording.2 X Ƒ
Vanderbilt Beach
Center Plat
(PB 3, PG 16)
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Packet Pg. 21 Attachment: Application (14755 : VAC-One Naples)
2.A.3Packet Pg. 22Attachment: Application (14755 : VAC-One Naples)
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Packet Pg. 23 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 24 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 27 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 28 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 30 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 37 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 44 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 45 Attachment: LOO - Letters of Objection (14755 : VAC-One Naples)
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Packet Pg. 46 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 47 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 48 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 49 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 50 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 51 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 52 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 56 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 57 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 58 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 59 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 79 Attachment: LONO-Letters of No Objection - All (14755 : VAC-One Naples)
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Packet Pg. 80 Attachment: Plat Vanderbilt Beach Center PB 3 pg 16 (14755 : VAC-One Naples)
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Packet Pg. 81 Attachment: Affidavit of Authorization1 (14755 : VAC-One Naples)
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Packet Pg. 82 Attachment: Affidavit of Authorization2 (14755 : VAC-One Naples)
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Packet Pg. 83 Attachment: 2021-02-02 Signed Hearing Waiver for ROW Vacation to Marc Berman (14755 : VAC-One Naples)
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Packet Pg. 84 Attachment: legal ads backup (14755 : VAC-One Naples)
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Packet Pg. 85 Attachment: legal ads backup (14755 : VAC-One Naples)