Item P01
4
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: P.1
Agenda Item Summary #1496
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mitzi Crystal (305) 289-2523
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
A public hearing for a proposed abandonment of a portion of the
right-of-way of Seventh Avenue West right-of-way, adjacent to Lot 13, Block 18, Cudjoe Gardens
Sixth Addition, according to the Plat thereof as recorded in Plat Book 6, at Page 66 of the Public
Records of Monroe County, Florida. APPLICANT HAS REQUESTED THE ITEM BE
WITHDRAWN FROM CONSIDERATION.
ITEM BACKGROUND
: The petitioner has requested abandonment of a portion of the right-of-
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way of 7 Avenue, as described above, in order to use the driveway and property more effectively.
The portion of a platted right-of-way considered for abandonment is at the terminal portion of the T-
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type turnaround of 7 Avenue. A request for continuance was made at the November 17, 2015
meeting and subsequently granted to allow additional time to work with staff on a revised
application. Since that time the applicant has decided against pursuing the right-of-way
abandonment and has requested the application be withdrawn from further consideration.
PREVIOUS RELEVANT BOCC ACTION:
October 21, 2015 - Public hearing set for November 17, 2015.
November 17, 2015 - Public hearing continued to January 20, 2016.
January 20, 2016 - Public hearing continued to April 20, 2016
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Resolution-Readel
Staff Report- Readel
ROW Abandonment Application File 2014-177-Readel
FINANCIAL IMPACT:
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Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
STAFF RECOMMENDATION:
Approve Withdrawal
REVIEWED BY:
Mayte Santamaria Completed 03/31/2016 4:49 PM
Steve Williams Completed 04/05/2016 10:00 AM
Christine Hurley Completed 04/05/2016 10:09 AM
Mitzi Crystal Completed 04/05/2016 2:28 PM
Mayte Santamaria Completed 04/05/2016 3:07 PM
Christine Hurley Skipped 03/29/2016 11:46 AM
Mitzi Crystal Skipped 03/29/2016 11:46 AM
Mayte Santamaria Skipped 03/29/2016 11:46 AM
Kathy Peters Skipped 03/29/2016 11:46 AM
Kathy Peters Completed 04/05/2016 3:39 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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Petitioner: Mary C. Readel, Rev Trust
MONROE COUNTY, FLORIDA
RESOLUTION NO, -2016
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RETAINING ANY RIGHT OF
THE COUNTY AND PUBLIC IN AND TO THAT PORTION
SEVENTH AVENUE WEST RIGHT OF WAY, ADJACENT TO
LOT 13, BLOCK 18, CUDJOE GARDENS SIXTH ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 6, PAGE 66 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA.
WHEREAS,
an application was filed by Mary C. Readel, Rev Trust to abandon a portion of the
Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens Sixth
Addition, according to the Plat thereof as recorded in Plat Book 6, at Page 66 of the Public
Records of Monroe County, Florida; and
WHEREAS,
the Board of County Commissioners of Monroe County, Florida, desires to
retain all rights of the County and the public in and to the hereinafter right of way; and
WHEREAS,
due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS,
at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
right of the County and the public in and to the hereinafter described right of way as delineated
on the hereafter described map or plan; and
WHEREAS,
the Board makes the following Findings of Fact and Conclusions of Law:
1.Monroe County Code Section 19-1 (c)
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Monroe County Code Section 19-1 was revised and became effective October 27,
2015, where this requirement became Section 19-1 (d)
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BOCC April 20, 2016 Page of
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3.Monroe County Engineering Services letter
does not conform to the requirements of Resolution No. 250-1998 regarding
abandonments of rights of way; additionally, granting the requested
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abandonment will eliminate the t-turnaround at the end of 7 Avenue West.
Accordingly, Engineering Department objects to this petition, which would
eliminate the required T-
4.The requested abandonment would eliminate constructed and functioning T-
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type turnaround at the end of 7 Avenue, a dead end street. Monroe County
Code Section 114.7(p) requires turnarounds at the end of dead end streets.
5.The requested abandonment does not meet the criteria of Monroe County Code
Section 19-1 or Monroe County Code Section 114-7.(p)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that it hereby retains any right of
the County and public in and to the following described streets, alley-ways, roads, or highways
as delineated on the hereinafter described map or plat, to-wit:
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BOCC April 20, 2016 Page of
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PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County, Florida,
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at a regular meeting of the Board held on the 20 day of April, 2016.
Mayor Heather Carruthers ____
Mayor Pro Tem George Neugent ____
Commissioner Danny L. Kolhage ____
Commissioner Sylvia J. Murphy ____
Commissioner David Rice ____
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY__________________________
(SEAL) Mayor Heather Carruthers
ATTEST: AMY HEAVILIN, CLERK
By___________________________
Deputy Clerk
33
BOCC April 20, 2016 Page of
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1
2
MEMORANDUM
3
4 Monroe County Planning & Environmental Resources Department
5 We strive to be caring, professional, and fair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Christine Hurley, AICP, Assistant County Administrator
10 Mayté Santamaria, Sr. Director of Planning & Environmental Resources
11
12 From: Mitzi Crystal, AICP, PTP, Transportation Planner
13
14 Date: September 26, 2015
15
16 Subject: %TYFPMGLIEVMRKXSGSRWMHIVHIRMEPSJEVIWSPYXMSRVIRSYRGMRKERHHMWGPEMQMRK
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19 7M\XL%HHMXMSREGGSVHMRKXSXLI4PEXXLIVISJEWVIGSVHIHMR4PEX&SSOEX4EKI
20 SJXLI4YFPMG6IGSVHWSJ1SRVSI'SYRX]*PSVMHE
*MPI
21
BOCC Meeting: October 21, 2015 (set public hearing)
22
November 17, 2015 (public hearing)
23
24
25
26 REQUEST:
27 The petitioners, Mary Readel Rev. Trust, request an abandonment of a portion of right-of-way of
28 Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens Sixth
29 Addition, according to the Plat thereof as recorded in Plat Book 6, at Page 66 of the Public
30 Records of Monroe County, Florida.
31
32 The petitioners have made the request in order to allow for greater use of their current driveway
33 and potentially allow for greater front yard setbacks for future additions to the existing home
34 built in 1972. The petition requests the approximately 514.56 square feet of the platted right-of-
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35 way for 7 Avenue be vacated. The area requested for abandonment is at the terminus of 7
36 Avenue and part of an existing paved T- turnaround. The turnaround leads directly to the
37 and is partially paved with pavers rather than asphalt. The petitioner
38 intends to leave the area as it is currently which will allow for ingress/egress of emergency
39 vehicles.
40
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 1 of 6
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1
2
Affected Properties (outlined in yellow) Proposed Abandonment
3
4REVIEW OF APPLICATION:
5
6The proposed abandoned portion is described as follows:
7
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11
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13 ERHEPSRKXLI7SYXLIVP]6MKLXSJ;E]PMRISJXLIWEMH7IZIRXL%ZIRYI;IWXJSVEHMWXERGISJ
14 JIIXXSETSMRXSJGYVZEXYVISJEGYVZIGSRGEZIXSXLI7SYXLIEWX XLIRGI7SYXLIVP]
15 GSRXMRYMRKEPSRKXLI7SYXLIVP]6MKLXSJ;E]PMRISJXLIWEMH7IZIRXL%ZIRYI;IWXEPSRKEGYVZI
16 LEZMRKEVEHMYWSJJIIXERHEGIRXVEPERKPISJ JSVJIIXXSETSMRXSRXLI
17 WEMHGYVZIWEMHTSMRXFIMRKXLI4SMRXSJ&IKMRRMRKSJXLITEVGIPSJPERHLIVIMREJXIVHIWGVMFIH
18 XLIRGIGSRXMRYMRK7SYXLIVP]EPSRKXLI7SYXLIVP]6MKLXSJ;E]PMRISJXLIWEMH7IZIRXL%ZIRYI
19;IWXEPSRKEGYVZILEZMRKEVEHMYWSJJIIXERHGIRXVEPERKPISJ JSVJIIXXS
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26
27The petitioner owns the only affected properties (RE No. 00174633-002700). The applicants
28have submitted a road abandonment petition for greater use of their current driveway and
29potentially allow for greater front yard setbacks for additions to the existing home. The applicant
30has noted the drive will remain as it is currently. No barriers for emergency access will be
31installed.
32
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
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1The petitioners are the owners of the adjacent property (RE No. 00174633-002700) therefore
2letter of no objection is not required by adjacent owners. The petitioner requests the area
3highlighted below be abandoned.
4
5
6
7
8
9
Proposed Abandonment
10
11
12
13Written recommendations of no objection were received from the following private utilities and
14County departments:
15
16Keys Energy Service, letter dated September 29, 2014
17Florida Keys Aqueduct Authority, letter dated October 23, 2014
18AT &T, letter dated November 3, 2014
19Comcast, letter dated October 2, 2014
20Monroe County Fire Marshal, letter dated April 21, 2015
21Monroe County Code Compliance, letter dated January 9, 2015
22, letter dated December 23, 2014
23
objection
24Monroe County Engineering Services, letter dated January 15, 2015 indicates to the
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25abandonment as it would eliminate an existing t- turnaround at the end of 7 Avenue, which is
26required at the end of dead end roads.
27conform to the requirements of Resolution No. 250-1998 regarding abandonments of rights of
28way; additionally, granting the requested abandonment will eliminate the t-turnaround at the end
th
29of 7 Avenue West. Accordingly, Engineering Department objects to this petition, which would
30eliminate the required T-
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 3 of 6
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1 Resolution No. 250-1998 was incorporated into Monroe County Code Section 19-1.(c) which
2 required that a road may be abandoned only at the terminal portion of the road and in its full
3 width unless the abandonment will comply with the County Code requirements for road, turn-
4 around, and fire-rescue access. Since the original review of the application Monroe County Code
5 Section 19-1 was revised and effective October 27, 2015 with Monroe County Code Section 19-
6
7 Standard Engineering requirements for road, turn-around and fire-rescue access. If required for
8 safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn-
9 around area shall be shown on the submitted survey and shall be agreed to in writing and
10 constructed with payment by the property
11 requests to eliminate a partial portion of right of way in the turn-around, which is inconsistent
12 with this requirement in both the old code and newly revised code.
13
14 Monroe County Code Section 19-1 - Abandonment of Rights-of-Way states:
15
16 (b)No dedicated and accepted right-of-way in the county shall be abandoned where:
17 (1)the right-of-way terminates on a body of open water; or
The platted right-of-way does not terminate on a body of open
18
water.
19
20 (2)the right-of-way provides access to the public to land on open water; or
The platted right-of-right does not provide access to the public to
21
land on open water.
22
23 (3)the abandonment would preclude a way for the public to maintain access to
24 the water.
The abandonment would not preclude a way for the public to
25
maintain access to water.
26
27
28 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is
29 an agreement to do so by all affected property owners. For purposes of this
30 subsection, an affected property owner is the owner of property which, if the right-of-
31 way is abandoned, will:
32 (1) Have access that is currently used by that property owner eliminated;
The requested abandonment is for a platted, developed right-of-
33
way currently used for access by the property owners as
34
portion of the right of way leads directly to
35
driveway. The adjacent properties will continue using 7th Avenue
36
as access.
37
38 (2) Have the only platted access eliminated;
th
As noted above, the properties will continue to be accessed by 7
39
Avenue.
40
41 (3)Have the paved area adjacent to that property increased for turn-around
42 purposes; or
The applicant has stated the turnaround will remain as currently
43
constructed with no barriers or increase in size.
44
45 (4) Be increased in size.
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
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The affected property will be increased in size, but there is no
1
objection.
2
3
4 (d) All right of way abandonments shall comply with the County Code and Standard
5 Engineering requirements for road, turn-around and fire-rescue access. If required for
6 safety purposes, as determined by either Fire Marshal or County Engineer, a
7 dedicated turn-around area shall be shown on the submitted survey and shall be
8 agreed to in writing and constructed with payment by the property owner(s)
9 requesting abandonment.
The requested area is part of an existing turnaround. The
10
owner intends to keep the area as it is, which would still
11
function as a turnaround. Monroe County Code Section
12
114.7(p) requires a turn-around at the dead end streets. Given
13
the location of the right of way abandonment a turn around is
14
required.
15
Objections were provided from Engineering Services, letter
16
dated January 15, 2015. Monroe County Fire Marshal provided
17
no objection in a letter dated April 21, 2015.
18
19
20 (e) A right of way may be abandoned only at the terminal portion of the road and in its
21 full width unless one of the following applies;
22 1.An adjacent lot owner has on the platted right-of-way or within a setback a
23 substantial structure which predates the Special Session Law 59-1578
24 pertaining to maps, plats and right-of-way. The term "substantial structure"
25 specifically does not include wood or metal fences, sheds or tiki huts or other
26 items not listed which are accessory structures; or
27 2.The abandonment is requested by a County department or governmental
28 agency for a public use; for purposes of this subsection public use is a public
29 facility and/or public/private utility; or3
30
31 3.The right of way area is unusual in size or shape and after abandonment the
32 remaining right of way width will be the same on both sides of the
33 abandonment as shown in Example 1.
The petitioner has requested abandonment of the entire width of
34
the right of way of only one portion of the t- turnaround as shown
35
in the graphic within this report. Engineering Services objects to
36
the elimination of a constructed and functioning T-type
37
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turnaround at the end of 7 Avenue, a dead end street. Monroe
38
County Code Section 114.7(p) requires turnarounds at the end of
39
dead end streets.
40
41
:
42 RECOMMENDATION
43
denial
44 Staff recommends of the petition based on an objection letter from Monroe County Engineering
45 that the existing right of way be retained to conform to the requirements of Resolution 250-1998 and
46 meet dead end street turnaround requirements contained within Section 114.7(p) Monroe County Code
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
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1 -end streets, designed to be so permanently, shall be provided at the closed
2 end with a turnaround having an outside roadway diameter of at least 70 feet, and a street property line
3 diameter of at least 100 feet, or may be provided with a "T" type turnaround as may be approved per
4
5
6 The requested abandonment of a portion of the right-of-way of Seventh Avenue West, adjacent to Lot
7 13, Block 18, Cudjoe Gardens Sixth Addition, according to the Plat thereof as recorded in Plat Book 6,
8 at Page 66 of the Public Records of Monroe County, Florida would not meet the right of way
9 abandonment criteria cited above and is therefore, not suitable for abandonment.
10
11
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
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