Agenda 10/23/2018 Item #16A 110/23/2018
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to hold a public hearing to consider vacating the County
and the public interest in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as
recorded in Road Book 3, Page 26 of the Public Records of Collier County, Florida, located
approximately one third of a mile east of Santa Barbara Boulevard, in Section 33, Township 49
South, Range 26 East, Collier County, Florida. (VAC-PL20180001007)
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166,
the Board of County Commissioners must authorize a public hearing to consider the vacation of the
County and public interest in any public road right-of-way.
CONSIDERATIONS: The Development Review Division has received a request from Robert J.
Mulhere, FAICP, Vice President, Planning Services, of Hole Montes Inc., as agent for the owner, Forest
Park Master Property Owners Association. This request is to vacate the County and the public interest in
a 70’ x 439’ portion of the right-of-way known as Recreation Lane as recorded in Road Book 3, Page 26
of the Public Records of Collier County, Florida, located in Section 33, Township 49 South, Range 26
East, Collier County, Florida.
The Forest Park Master Property Owners Association is proposing to vacate a 70’ x 439’ portion of the
right-of-way known as Recreation Lane, within the Forest Park community. The County originally
obtained the subject right-of-way portion from FDOT in 1989 because FDOT no longer required it (via
Road Book 3, Page 26). Subsequently, the County approved the Forest Park subdivision plat in 1999. The
subject roadway portion is located within Recreation Lane but was depicted as an out parcel that was not
part of the platted property. As such, there is currently a carved out 70’ x 439’ public roadway parcel
located entirely within the private Recreation Lane roadway parcel. All other roads within the subdivision
are private.
According to the applicant, the subdivision has treated this 70’ x 439’ portion of the roadway as their own
for the past twenty years and has improved it with brick pavers, landscaping, and a gated entryway.
County Transportation staff has confirmed that this roadway has been maintained by the community’s
Property Owners Association (POA). The Property Owners Association became aware that this portion of
the road was public when they built a small connecting sidewalk without a right-of-way permit, and thus
they were “red tagged” by Code Enforcement for failure to obtain the necessary permit. As such, they
desire to vacate this portion of the roadway in order to resolve the matter.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida
Statutes and Resolution No. 2013-166, and the adjoining property owners will be given notice as well.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: The application fee of $2,000.00 covers staff review and processing. The
applicant is also responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated
with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - SAS
16.A.1
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10/23/2018
RECOMMENDATION: To schedule a public hearing to consider vacating the County and the public
interest in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book
3, Page 26 of the Public Records of Collier County, Florida, located in Section 33, Township 49 South,
Range 26 East, Collier County, Florida. (Petition VAC-PL20180001007).
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution - 091218 (PDF)
3. Road Book 3 Page 26 (PDF)
4. Letters of No Objection-All (PDF)
5. Public Benefit Statement 3-12-18 (PDF)
6. Plat Book 35, Pages 1- 7 (PDF)
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10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 6663
Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider
vacating the County and the public interest in a 70’ x 439’ portion of the right -of-way known as
Recreation Lane, as recorded in Road Book 3, Page 26 of the Public Records of Collier County, Florida,
located approximately one third of a mile east of Santa Barbara Boulevard, in Section 33, Township 49
South, Range 26 East, Collier County, Florida. (VAC-PL20180001007)
Meeting Date: 10/23/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
09/13/2018 7:25 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/13/2018 7:25 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/13/2018 8:19 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/14/2018 4:09 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/17/2018 8:04 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/18/2018 2:56 PM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 09/21/2018 1:26 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/24/2018 2:46 PM
Growth Management Department James C French Deputy Department Head Review Completed 09/25/2018 5:17 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/28/2018 1:44 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/03/2018 11:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/03/2018 2:00 PM
County Attorney's Office Emily Pepin CAO Preview Completed 10/03/2018 2:01 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/08/2018 1:07 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/08/2018 1:36 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/14/2018 5:44 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
16.A.1
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16.A.1.aPacket Pg. 415Attachment: Application (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.aPacket Pg. 416Attachment: Application (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.aPacket Pg. 417Attachment: Application (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.aPacket Pg. 418Attachment: Application (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.aPacket Pg. 419Attachment: Application (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.b
Packet Pg. 420 Attachment: Resolution - 091218 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.b
Packet Pg. 421 Attachment: Resolution - 091218 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.b
Packet Pg. 422 Attachment: Resolution - 091218 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.bPacket Pg. 423Attachment: Resolution - 091218 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.c
Packet Pg. 424 Attachment: Road Book 3 Page 26 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.d
Packet Pg. 425 Attachment: Letters of No Objection-All (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.dPacket Pg. 426Attachment: Letters of No Objection-All (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.dPacket Pg. 427Attachment: Letters of No Objection-All (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.dPacket Pg. 428Attachment: Letters of No Objection-All (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.dPacket Pg. 429Attachment: Letters of No Objection-All (6663 : VAC-Recreation Lane Set Hearing Date)
H:\2018\2018016\Public Benefit Statement 3-12-18.docx
Recreation Lane ROW Vacation
Rationale and Public Benefit Statement
The requested vacation is for a portion of Recreation Lane (439’ in length x 70’ in width) located at the
gated entrance to, and partially within, Forest Park Residential Development, which is located at the
terminus of Recreation Lane within the Heron Lake PUD. The portion of the ROW to be vacated has been
maintained by the applicant, the Forest Park Master Property Owners Association (FPMPOA) for more
than 18 years. It is improved with brick pavers, landscaping and irrigation - all installed by the Forest
Park Developer. At the time of (and prior to) platting of Forest Park, this ROW was owned by the State of
Florida (FDOT Access Road #2) and was used during the construction of I-75. At some point subsequent
to the development and plating of Forest Park, the State conveyed this ROW to Collier County. The
portion proposed to be vacated includes +/- 150’ of the 70’ wide Recreation Lane ROW outside of the
entry gate, and the balance (+/- 289’) within the Community’s entry gate. The vacation of this portion of
the terminus of Recreation Lane will not impact the existing access to the Golden Gate Community Park
or any other property along Recreation Lane as the proposed vacation commences at the Forest Park
Property line. The Forest Park subdivision plat provides for emergency access through the community to
Golden Gate High School and also provides for a pedestrian easement through Forest Park from the High
School through Forest Park to allow pedestrian (presumably primarily fr om the high school) to walk or
cycle from the school to the Golden Gate Community Park (or beyond to access Santa Barbara Blvd). The
vacation will not impact those rights.
Exhibit 1: Aerial
Exhibit 2: Zoning Map
Portion to be vacated Entry Gate
Entry Gate
Park Access
Entry Gate
Forest Park Property Line
Entry Gate
16.A.1.e
Packet Pg. 430 Attachment: Public Benefit Statement 3-12-18 (6663 : VAC-Recreation Lane Set Hearing Date)
H:\2018\2018016\Public Benefit Statement 3-12-18.docx
In addition, the FPMPOA owns all of the property adjacent to this proposed vacation (See exhibit below).
Since they are the applicant, there is no need to request a Letter of No Objection.
Exhibit 3: Abutting Property Owners
Exhibit 4: Proposed Vacation Sketch
Conclusion: Vacation of this portion of Recreation Lane will have no impact on the rights of the public
and will allow the existing conditions to continue and allow the FPMPOA to continue to maintain this
portion of the terminus of Recreation Lane and to make any necessary improvements to said property.
FPMPOA owned parcels Proposed Vacation
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Packet Pg. 431 Attachment: Public Benefit Statement 3-12-18 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 432 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 433 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 434 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 435 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 436 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
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Packet Pg. 437 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)
16.A.1.f
Packet Pg. 438 Attachment: Plat Book 35, Pages 1- 7 (6663 : VAC-Recreation Lane Set Hearing Date)