Item B09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
November 22, 2000
X No
Division: Growth Management
Department: Planning Department
AGENDA ITEM WORDING: An exemption from Resolution #565-1999 to recommend that the Florida Department of
Transportation approve the request of Emanuel Micelli and Robert Petri to surplus (lease/sell) 40 feet of U.S. I right-of-
way property, approximately mile marker 106.
ITEM BACKGROUND: Emanuel Micelli and Robert Petri have applied for an amendment to a conditional use on the
subject property. The applicant proposes to use this area for a Class "C" bufferyard, parking, loading, and access to two
fueling positions for the proposed (conditional use) project. This leaves approximately 69 feet for development of the
Overseas Heritage Trail on the majority of the property from the edge of the pavement on U.S. I.
PREVIOUS RELEVANT BOARD ACTION: The BOCC adopted Resolution #565-1999 on November 10,1999
recommending that the Florida Department of Transportation deny the requests to surplus the property adjacent to U.S. I
until board action is taken on the Overseas Heritage Trail and the Storm water Master plans,
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
APPROVED BY: County Attorney
X
OMB/Purchasing N/A
Risk Management N/A
DEPARTMENT DIRECTOR APPROVAL:
Not required
Agenda Item #: ~
DIVISION DIRECTOR APPROVAL:
Timo
DOCUMENTATION: Included
x
DISPOSITION:
C: \ WINN1\Proftles\ Thomson-Julie\Desktop\Julie-1\Micelli BOCC agenda item. doc
BOCC RESOLUTION
RESOLUTION NO. -2000
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
OF EMANUEL MICELLI AND ROBERT PETRI FOR AN
EXEMPTION TO RESOLUTION #565-1999 AND HAVING
THE BOARD RECOMMEND THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION SURPLUS
(LEASElBUY) 40 FEET OF US. 1 RIGHT-OF-WAY, LEAVING
APPROXIMATELY 69 FEET FOR DEVELOPMENT OF THE
OVERSEAS HERITAGE TRAll. ON THE MAJORITY OF THE
PROPERTY FROM THE EDGE OF PAVEMENT ON US. I ON
PROPERTY DESCRIBED AS LOTS 49, 50, 51, AND 52,
BLOCK 7, LAKE SURPRISE ESTATES 15, KEY LARGO,
SECTION 6, TOWNSlllP 61 S, RANGE 40E, MONROE
COUNTY. THE LAND USE DESIGNATION IS SUBURBAN
COMMERCIAL - (SC) AND THE REAL ESTATE NUMBER IS
00536270.000000
WHEREAS, the Board of County Commissioners approved Resolution #565-1999
during a regular meeting held on November 10, 1999; and
WHEREAS, Resolution #565-1999 was passed to ensure the that no development
affecting the Overseas Heritage Trail and the Stormwater Master plans would occur prior to
Board action on these plans; and
WHEREAS, the Board of County Commissioners made the following Finding of Fact:
The proposed leasing/selling of approximately 40 feet of US. 1 right-of-way adjacent to the
previously described property will not adversely affect the development of the Overseas Heritage
Trail; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMSSIONERS OF MONROE
COUNTY, FLORIDA, that the preceding Finding of Fact support the decision to APPROVE
the request filed by Emanuel Micelli and Robert Petri to be exempted from Resolution #565-
1999 and recommel1d that the Florida Department of Transportation approve the request to
lease/buy 40 feet of US. 1 right-of-way property adjacent to the previously described property.
Page 1 of2
F: \Planning\Development Review\Miscellaneous\Micelli\BOCC Resolution.doc
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , A.D.,2000.
Mayor Shirley Freeman
Mayor Pro Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Freeman
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
BY
DEPUTY CLERK
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W:\Planning\Development Review\Miscellaneous\Micelli\BOCC Resolution.doc
Initials
STAFF REPORT
MEMORANDUM
TO: The Board of County Commissioners
FROM: K. Marlene Conaway, Director OfPlanningi'Yl~
DATE: October 31,2000
SUBJECT: EXEMPTION FROM RESOLUTION #565-1999 FOR EMANUEL MICELLI
AND ROBERT PETRI
REQUEST:
Emanuel Micelli and Robert Petri are requesting an exemption from Resolution #565-1999 to have
the Board recommend approval of the applicant's request to the Florida Department of Transportation
(FDOT) for the surplus (sellinglleasing) 40 feet of U.S. 1 right-of-way property.
ANALYSIS:
The proposal would leave approximately 69 feet of U.S. 1 right-of-way from the edge of pavement for
development of the Overseas Heritage Trail on the majority of the property.
The applicant has submitted an amendment to a conditional use to the Planning Department. In the
application, the applicant proposes to use the additional 40 feet for a Class "C" Major Street Buffer,
parking, loading, and access to two fueling positions.
Staff is currently reviewing the application pursuant to the Year 2010 Comprehensive Plan and the
Land Development Regulations, however the FDOT must approve of the surplus to allow the
proposed conditional use to be approved.
CONCLUSION AND RECOMMENDATION:
Based on the fact that the FOOT will keep approximately 69 feet of right-of-way from the edge of
pavement for development of the Overseas Heritage Trail on the majority of the property, staff
recommends approval.
\\gmdOO59Ipub$\Planning\ Working Folders\Koconis-Ed\Micelli BOCC staff report.doc
RESOLUTION #565-1999
.-
Growth Management
RESOLUTION II 565
-1999
A RESOLUTION BY mE MONROE COUNTY
BOARD OF COMMISSIONERS EVIDENCING ITS
POLICY THAT MONROE COUNTY RECOMMEND
TIlAT 1HE FLORIDA DEPARTMENT OF
TRANSPORTATION DENY THE REQUESTS TO
SUPLUS THE PROPERTY ADJACENT TO U.S. 1
UNTIL BOARD ACTION IS TAKEN ON THE
OVERSEAS HERITAGE TRAIL AND THE
STORMWATERMASTERPLANS
WHEREAS, the Monroe County Board of Commissioners has initiated two
county-wide master planning efforts that look closely at the use of U.S. 1 and the right-
of-way adjacent to it, that is, the Overseas Heritage Trail Master Plan and the
Stonnwater Master Plan; and
WHEREAS, during the course of these projects, planners and designers will be
identifying suitable locations along U.S. 1 and in its rights-of-way for facilities such as
bicycle trails, trail heads, pedestrian walkways, other accessory trail uses, landscaping
and stormwater drainage areas; and
WHEREAS, fmal recommendations on the design, construction and
maintenance of these facilities will be provided in those plans; and
WHEREAS, action by the Board of COWlty Commissioners will be taken on
these recommendations; and
WHERAS, the Florida Department of Transportation considers requests to selJ
parcels of land adjacent to U.S. 1 on a regular basis; and
WHEREAS, selling these lands before the BOaId of County Commissioners can
act on the recommendations of the master plans puts the integrity of the planning
process and the ultimate benefits to Monroe County at risk.
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Page 1 of2
Growth Management
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
It shall be the policy of Monroe County requesting that the Florida Department of
Transportation deny any requests to surplus properties adjacent to U.S. 1 until the Board
of County Commission has taken action on the Overseas Heritage Trail and the
Stonnwater Master Plans.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 10th day of November,
1999.
Comm. V'ilhemina Harvey
Mayor' . Shirley Freeman
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Max}' Kay Reich
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