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Agenda 09/26/2017 Item #17G09/26/2017 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-PL20170002386 to disclaim, renounce and vacate the County and the public interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq., of the Official Records of Collier County, Florida. The subject property is located on the northeast corner of Palm Springs Boulevard and Radio Lane, approximately one half mile west of Collier Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda item 16.A.50). OBJECTIVE: To adopt a Resolution to vacate the conservation easement described in O.R. Book 3996, Page 3495, et seq., of the Official Records of Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20170002386 has been received by the Development Review Division, Growth Management Department, from Michael C. Pappas, P.E., of RWA, Inc., on behalf of the applicant, D.R. Horton, Inc., to vacate the conservation easement described in O.R. Book 3996, Page 3495, et seq. of the Official Records of Collier County, Florida as further described in Exhibit A to the attached Resolution. The applicant is proposing to vacate the conservation easement described in O.R. Book 3996, Page 3495 of the Official Records of Collier County, Florida, in order to develop a single-family subdivision within the Triad PUD (Ordinance 17-29). This conservation easement is approximately 1.3 acres. It was originally granted to the County as a requirement of a previous Site Development Plan for the property, but construction for that project never commenced. The recently approved Triad PUD (Ordinance 17-29) now requires a minimum of 1.4 acres of preserve area on-site. As such, the property owner will grant a newly reconfigured 1.4 acre preserve area to the County in order to meet the minimum PUD pr eserve area requirement. According to the Property Appraiser, Sarecino, LLC, is the fee simple owner of the real property underlying the easement, as well as the rest of the real property within the Triad PUD. The applicant, D.R. Horton, Inc., is contract purchaser for the property. Sarecino, LLC has provided their consent for the applicant’s vacation request. The applicant proposes to provide a replacement preserve area (1.4 acres), which will be dedicated to the County as part of the proposed Hadley Place East plat (Petition # PL20160002628). The preserve area will be dedicated to the County without maintenance responsibility, and to the applicable Home Owners Association (HOA) with maintenance responsibility. The plat will be heard at the same Board of County Commissioners (Board) meeting as this vacation request. This request will not result in public detriment because staff has determined that the total preserve acreage for the overall property will still satisfy the minimum required preserve area. The property is within the Triad PUD, which requires a minimum of 1.4 acres of preserve area. The current preserve area on-site (i.e-the area to be vacated) is 1.3 acres, and the proposed replacement preserve will be 1.4 acres. Therefore, if this vacation is approved, the total preserve area on-site will be 1.4 acres, which satisfies the minimum required preserve area for this property. The Development Review Division has reviewed this petition and found no reason for objection. 17.G Packet Pg. 3543 09/26/2017 This vacation request is contingent upon approval of the companion plat, which contains the replacement easement. 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: There is no growth management plan impact associated with this action. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of the conservation easement described in O.R. Book 3996, Page 3495, et seq., in the Official Records of Collier County, Florida. Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the County or public by any instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest is granted to the County or public by any instrument recorded in the public records other than on a subdivision plat, when the following criteria are met: 1) Public benefit is established or no public detriment is established. 2) The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or County dedicated easement is sought to be extinguished. Moreover, this request to vacate a 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-PL20170002386, which will vacate the County and the public interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq., of the Official Records of Collier County, Florida, located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A; and direct the Clerk to the Board 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 ATTACHMENT(S) 1. Application Submittal 2 02 Revised (PDF) 2. Resolution - 080217 (PDF) 3. Conservation Easement OR 3996 PG 3495 (PDF) 4. Plat Proposed Hadley Place East (PDF) 5. Legal Ad - Agenda ID 3577 (PDF) 17.G Packet Pg. 3544 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.G Doc ID: 3577 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-PL20170002386 to disclaim, renounce and vacate the County and the public interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq. of the Official Records of Collier County, Florida. The subject property is located on the northeast corner of Palm Springs Boulevard and Radio Lane, approximately one half mile west of Collier Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda item 16.A.50). Meeting Date: 09/26/2017 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 08/16/2017 8:27 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/16/2017 8:27 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 08/16/2017 12:23 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/17/2017 4:16 PM Growth Management Department Matthew McLean Additional Reviewer Completed 08/22/2017 8:59 AM Growth Management Department Marcus Berman Additional Reviewer Skipped 08/16/2017 8:27 AM Growth Management Department James French Additional Reviewer Completed 08/23/2017 10:07 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/15/2017 8:49 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/15/2017 9:31 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2017 9:26 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/19/2017 9:26 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2017 12:15 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM 17.G Packet Pg. 3545 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 1 of 5 APPLICATION FOR VACATING Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37; Ordinance No. 01-57; Resolution 2013-166; and Applicable sections of the Collier County Land Development Code AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________ AVPLAT- Vacation of Plats or portions of plats of subdivided land Plat Book: ______________________________ Page(s): _______________________________ 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 public roads. Official Record Book: ___________________________ Page(s): _________________________ PETITION NO (PL) PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Property 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: ____________________________________________________________________________ For Staff Use OR3996 PG3495 D.R.Horton, Inc. / Jonathon Pentecost 10541 Six Mile Cypress Pkwy Ft. Myers FL 33966 239-225-2631 817-928-8986 jweverett@drhotron.com Michael C. Pappas, P.E. RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples FL 34109 (239) 597-0575 (239) 597-0578 mpappas@consult-rwa.com Applicant: 17.G.1 Packet Pg. 3546 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 2 of 5 PROPERTY INFORMATION Reason for Request: _________________________________________________________________________ Address of Subject Property: __________________________________________________________________ Legal Description: ___________________________________________________________________________ Section: _______ Township: _______ Range: _______ Current Zoning: __________________________ Will this affect density? ______________________________ 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 the officers 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. Reconfigure required countypreserve 645 SARECINO CIR See Attached 34 49S 26E Triad PUD No 17.G.1 Packet Pg. 3547 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 3 of 5 SUBMITTAL REQUIREMENTS 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 County website) 1 Addressing Checklist signed by Addressing Department 1 CD of complete application and all submittal documents in PDF format 1 Fee Simple Deed 1 Statement explaining the general public benefit received from the proposed vacation 1 Certificate showing all State and County taxes have been paid for subject parcel 1 Assessment map depicting area of proposed vacation 1 List of abutting and other property owners within 250 feet of the proposed vacation including their address, and parcel number 1 Site Plan on 8 ½ in. x 11 in. paper 1 Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled (in bold: “Exhibit A”) 3 Signed and sealed sketch of the legal description 3 Copy of the recorded subdivision plat, if applicable 1 Letter Authorizing representation, if the applicant isn’t the owner 1 Affidavit of Authorization, signed and sealed 1 Replacement easement documentations, if applicable 3 If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacation of Easement only 1 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 Letters of No Objection, from each of the following, as applicable: (addresses may not be current) Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL 34102. (239) 262-1322 Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105. (239) 263-6234 Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL 34112. (239)774-4434. Golden Gate and East Naples Fire Control and Rescue: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119. (239) 348-7540 North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109. (239) 597-9227 Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990. (239) 574-2020 Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913. (239) 432-1805. Adjacent Property Owners Homeowners Association 1 ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 17.G.1 Packet Pg. 3548 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 4 of 5 FEE REQUIREMENTS Application Fee: $2,000.00 Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the time of submittal) o AVROW: $700.00 o AVPLAT: $1000.00 o AVESMT: $1000.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Development Review Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant/Agent Signature Date ______________________________________________________________________________________________ Applicant/Agent Signatu 6/29/2017 ✔ ✔ 17.G.1 Packet Pg. 3549 Attachment: Application Submittal 2 02 Revised (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.2 Packet Pg. 3550 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.2 Packet Pg. 3551 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.2 Packet Pg. 3552 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.2 Packet Pg. 3553 Attachment: Resolution - 080217 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3554 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3555 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3556 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3557 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3558 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.3 Packet Pg. 3559 Attachment: Conservation Easement OR 3996 PG 3495 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.4 Packet Pg. 3560 Attachment: Plat Proposed Hadley Place East (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.4 Packet Pg. 3561 Attachment: Plat Proposed Hadley Place East (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.5 Packet Pg. 3562 Attachment: Legal Ad - Agenda ID 3577 (3577 : VAC-Hadley Place East-Companion to Final Plat) 17.G.5 Packet Pg. 3563 Attachment: Legal Ad - Agenda ID 3577 (3577 : VAC-Hadley Place East-Companion to Final Plat) 09/26/2017 EXECUTIVE SUMMARY Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10, 2017 to December 31, 2017. OBJECTIVE: To extend the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10, 2017 to December 31, 2017. CONSIDERATIONS: On November 8, 2016, Florida voted to amend the Florida Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader population of eligible patients. To implement this constitutional amendment, on June 9, 2017, the Florida Legislature enacted Senate Bill 8-A, which stated in part that “A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or departmental rule for, all such dispensing units located within the unincorporated areas of that county. On May 9, 2017, the Board enacted Collier County Ordinance No. 2017-17, which placed a temporary moratorium through October 10, 2017, on the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis dispensing facilities with the intent of allowing the Board of County Commissioners (Board) the time reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if necessary, to promulgate reasonable regulations relating to such establishments. During the Board’s meeting of July 11, 2017, the Board expressed its desire to extend the temporary moratorium to December 31, 2017, to allow time for further investigation. FISCAL IMPACT: The cost to advertise the proposed Ordinance was approximately $400.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To adopt the attached Ordinance amending Ordinance No. 2017-17 to extend the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10, 2017 to December 31, 2017. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Proposed Ordinance - Moratorium (PDF) 2. Ordinance 2017-17 (PDF) 3. Moratorium legal ad (PDF) 17.H Packet Pg. 3564 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.H Doc ID: 3767 Item Summary: Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary moratorium on the opening of certain new cannabis dispensing facilities from October 10, 2017 to December 31, 2017. Meeting Date: 09/26/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 09/18/2017 2:10 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 09/18/2017 2:10 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2017 2:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2017 4:47 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/19/2017 9:27 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2017 2:32 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM 17.H Packet Pg. 3565