Item K01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 21, 2004
Division:
Growth Management
Bulk Item:
Yes
x
No_
Department: Planning and Environmental Resources
AGENDA ITEM WORDING:
A resolution to concur with the sale of surplus Florida Department of Transportation right-of-way
adjacent to U.S. 1 at approximately MM 27.1, Bayside, Ramrod Key (adjacent to Boondocks Restaurant).
ITEM BACKGROUND:
The subject parcel is approximately 50' X 386' (19,300 square feet) and is located approximately at Mile
Marker 27.1, Bayside. The potential buyer (the current owners of Boondocks) would like to use the
available FDOT right-of-way for a development project. Discussions with the planning staff indicate that
this project would be a miniature golf course and additional parking.
Staff is recommending approval of the sale subject to the condition that a minimum of 25' from the edge
of the existing road pavement be preserved for public uses (bicycle path, sidewalk, stormwater treatment,
and/or possibly sewer lines).
PREVIOUSLY RELEVANT BOCC ACTION:
November 10, 1999- Resolution 565-1999 recommending that the Florida Department of Transportation
deny requests to surplus properties adjacent to U.S. 1 until Board Action is taken on the Overseas
Heritage Trail and the Stormwater Master Plans.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
o
BUDGETED: Yes
No N/A
COST TO COUNTY: 0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes~ No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty
Risk Management
DIVISION DIRECTOR APPROVAL:
carry, AICP
DOCUMENTATION: Included
x
To Follow
k1\
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO.
. 2004
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
MONROE COUNTY. FLORlDA CONCURRING WITH THE
SALE OF SURPLUS FLORlDA DEPARTMENT OF
TRANSPORTATION RIGHT.OF-WAY ADJACENT TO U.S. I
AT MILE MARKER 27.1, BA YSIDE.
WHEREAS, the Monroe County Board of Commissioners has passed Resolution 565.
1999 on November 10, 1999 establishing the policy of Monroe County to request that the Florida
Department of Transportation (FOOT) deny any requests to surplus properties adjacent to U.S. 1
until the Board of Commissioners has taken action on the Overseas Heritage Trail and
Stonnwater Master Plan; and
WHEREAS, the Florida Department of Transportation has determined that the sale or
lease of excess lands is prudent in order to reduce the liability and maintenance costs for FDOT;
and
WHEREAS, Larry Gardner, the current owner of Boondocks bas requested to purchase a
50' X 386' portion of the U.S. 1 Right-of.Way at approximately Mile Marker 27.1 Bayside,
adjacent to Boondocks Restaurant; and
WHEREAS, the sale of 50' of right-of-way would leave 50' of right-of.way from the
centerline of the road which is consistent with the right-of-way width west of Coral A venue in
Ramrod Key; and
WHEREAS, the PIBJUling and Environmental Resources staff recommends that a
minimwn of25' from the existing pavement (Toad shoulder) be preserved for future public uses
such as, but not limited to: bicycle/pedestrian paths. stormwater treatment, and sewer lines;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA. that the County concurs with the sale
of available Florida Department of Transportation right-of-way adjacent to Mile Marker 27.1,
Bayside, subject to FDOT maintaining a minimum of 25' from the existing pavement for future
public uses.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida.
at a regular meeting of said Board held on the 21 sl day of April, 2004.
Mayor Murray E. Nelson
Mayor Pro Tern David P. Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
(Seal)
Monroe County Board of Commissioners
Clerk of Court
By'
MONROE C0UNfV A1UY
- APe S I:
Attest:
County of Monroe
Growth Manal!ement Diyision
2798 Overseas Highway
Suite 400
MarathDn, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Murray Nelson, Dist. 5
Mayor Pro Tem David P. Rice, Dist. 4
Comm. Dixie Spehar, Dist. 1
Comm. George Neugent, Dist. 2
Comm. Charles "Sonny McCoy, Dist. 3
TO:
FROM:
Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resources Departme~
RE:
Surplus of Florida Department of Transportation (FDOT) Right-of-Way at Mile Marker 27.1,
Bayside
DATE:
April 2, 2004
Issue:
The owner of Boondocks Restaurant, Larry Gardner, has inquired with FDOT about purchasing a portion of the
right-of-way adjacent to Boondocks Restaurant at approximately MM 27.1, Bayside. Previous action by the Board
of County Commissioners (BOCC) requested FDOT to deny requests to surplus property along U.S. I until the
BOCC has taken action on the Overseas Heritage Trail and the Stormwater Master Plans.
Background:
The potential buyer of the FDOT right-of-way has been in discussions with planning staff about the possible
development of a miniature golf course on the adjacent property west of Boondocks. The right-of-way is necessary
to develop the miniature golf course and additional parking.
Although, the Overseas Heritage Trail is designated for the Oceanside through this section of Ramrod Key, the
Monroe County Bicycle and Pedestrian Plan has designated that a bicycle path be built on the bayside also. Other
potential future public projects along the right-of-way include stormwater management, and sewer lines.
Therefore, staff finds it necessary to recommend that a portion of the right-of-way be reserved for public use.
The FDOT right-of-way through this section of U.S. 1 is 100 feet from the centerline of the road (200' total). The
sale of approximately 50' of right-of-way would leave 50' of right-of-way from the centerline of the road. This 50'
from the centerline of the road is consistent with the available right-of-way west of Coral A venue.
Conclusion
Staff recommends approval of the sale with the condition that a minimum of 25' of the right-of-way from the
existing pavement (shoulders) be reserved for public uses.
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