Collier County
FL

Action Item
8990

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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B)

Information

Department:Growth Management Development ReviewSponsors:
Category:17 Summary Agenda

Executive Summary

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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B)

 

 

OBJECTIVE:  To adopt a Resolution to vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A.

 

CONSIDERATIONS: Petition VAC-PL20190000439 has been received by the Development Review Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent for the applicant, Naples Heritage Community Development District, to vacate a portion of Tract C1, Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, as further described in Exhibit A to the attached Resolution.

 

According to the plat, Tract C1, a Conservation and Buffer Easement, was dedicated to the County without maintenance responsibility, and dedicated to Naples Heritage Golf and Country Club, Inc., with maintenance responsibility. According to the Quit-Claim Deed dated January 8, 1999, recorded in O.R. Book 2507, Page 2235, Naples Heritage Community Development District is fee simple owner of the subject property.

 

The Naples Heritage Golf & Country Club is proposing to vacate a portion of Tract C-1 of the Naples Heritage Golf & Country Club Phase One Plat in order to relocate their tennis center facility from the main clubhouse campus. Due to changes over the past 20 years for this Club, the demographics of the members have changed, and the main clubhouse campus can no longer provide the space needed to accommodate all the activities that are available for the members. When the project was built in the late 1990s, golf was the primary amenity at the club.  Present day demographic is more active and plays tennis, uses the fitness center and the swimming pool more than when the club was constructed. This has created a parking issue during the seasonal months at the club. The tennis center has seen a 500% increase in participation. The relocation of this tennis center will allow the club to continue to provide all its amenities and alleviate a parking issue during the season at the clubhouse. This parking issue has been witnessed by the local fire department, and they have spoken to the club about the issue and the need for it to be addressed.

 

The public benefit of vacating this Conservation and Buffer easement to allow the relocation of the tennis center, which would alleviate the parking issues on the clubhouse site. Removing the tennis center would allow the addition of 69 spaces to the clubhouse site for a total of 262 spaces. The new tennis center would also have 20 spaces and golf cart parking at its new facility, which is adjacent to the existing driving range. This would alleviate the safety concerns of the parking of cars along the club entry drive which hinders first responders when there is a call to the site.

 

No replacement easement is required because the project contains excess conservation areas.

 

Naples Heritage Golf and Country Club, Inc., and the Naples Heritage Community Development District have provided a letter of no objection to this request.

 

The vacation will not affect access to any properties within the subject plat.

 

The Development Review Division has reviewed this petition and found no reason for objection.

 

As a condition of approval, the South Florida Water Management District needed to issue a release of easement of the 2.87 acres +/- Conservation and Buffer Easement which was scheduled to be heard by the South Florida Water Management District Board on June 13, 2019. The South Florida Water Management District Board issued the release of easement on June 13, 2019.

 

FISCAL IMPACTThe 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 a portion of Tract C1, a Conservation and Buffer Easement, of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida.

 

Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions vacating 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-PL20190000439, which will vacate a portion of Tract C1, a Conservation and Buffer Easement, of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club, Phase One, as recorded in Plat Book 26, Page 73, of the public records of Collier County, Florida.

 

Prepared By:  Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division

 

 

Discussion