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Agenda Item: 9 |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Resolution - Easement Vacation |
Department: Community Affairs/Growth Management |
Subject:
Title
RESOLUTION - Continued from the October 3, 2025 Planning Board Meeting - Utility Easement Vacation (LV-25-000138) request to Vacate Chipley Street Right-of-Way (ROW) located between 336 and 348 Colonial Ave., Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
BACKGROUND:
PROJECT DESCRIPTION:
The request is to vacate Chipley Street right-of-way that is approximately 6,877 square feet, and located between 336 and 348 Colonial Ave. Please find the application and information attached.
SUMMARY OF OCTOBER 3, 2025 PLANNING BOARD MEETING:
The Planning Board considered this request at the October 3, 2025 Planning Board meeting. There was a discussion surrounding the need for a utility easement along both sides of the new lot line when the ROW is vacated. A survey for the home at 336 Colonial Ave. indicated a utility easement along the front property line abutting Chipley Street. The applicant’s agent indicated there were no utility easements along this portion of the lot. After discussion, the Planning Board continued this request to their November 7, 2025, meeting.
UPDATED INFORMATION:
The agent has provided an updated survey of 336 Colonial Ave. (included in this packet) that shows there is no utility easement along the front property line abutting Chipley Street. After reviewing the additional documentation, Staff believes a utility easement is not necessary due to utility easements in existence along the other side lot lines, utilities are provided to these two homes, and Hideaway Beach Club has access to utilities within their development.
FUNDING SOURCE / FISCAL IMPACT:
Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: N/A
NOTICE APPEARANCE DATE(S): N/A
RECOMMENDATION:
Staff recommends the Planning Board approve LV-25-000138, Vacation of the Chipley Street right-of-way between 348 and 336 Colonial Ave., Marco Island, FL 34145, and to forward a recommendation of approval to the City Council with the following conditions:
1. Conditional Approval: City Council’s approval of the right-of-way vacation will be contingent upon the property owners completion of the sidewalk, construction of the exfiltration swale, and installation of sod.
2. Construction Bond: A $25,000 public payment and performance bond, guaranteeing completion of these improvements, must be provided to the City no later than sixty (60) days of approval of the Resolution granting the vacation. The bond will remain in effect until the City confirms successful completion of the improvements required pursuant to the Resolution.
3. Permit Requirement: Following approval of the Resolution, the property owners, or their contractor, must obtain a right-of-way permit from the City for the improvements. The permit will specify City construction standards and inspection requirements.
4. One-Year Deadline: If the improvements are not completed within one year of the City Council’s approval of the Resolution, the City will draw on the bond to complete the work.
5. A unity of title is recorded with Collier County by both owners, tying the additional land to their respective properties, and a copy of the recorded unity of titles is provided to the City no later than sixty (60) days following approval of the Resolution.
POTENTIAL MOTION:
Move to approve Resolution 25-XX with the listed conditions.