Item L4 L.4
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � ��F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: L.4
Agenda Item Summary #10254
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of a Resolution Setting the Time, Date, and Place for a
Public Hearing to Consider a Request for a Resolution Renouncing and Disclaiming Any Right of
Monroe County and the Public In and To a Portion of the Public Right-of-Way of Kay Drive, Key
Largo, Monroe County, Florida, as shown on the plat of Key Largo Trailer Village, Plat Book 5,
Page 43 and the plat of Key Largo Trailer Village First Addition, Plat Book 5, Page 55.
ITEM BACKGROUND:
On January 15, 2021, the Monroe County
Planning and Environmental Resources
Department received an application from
James Lupino, Esq. of Hershoff, Lupino &
Yagel, LLP (the "agent") on behalf of ' t}}, Nq
co
Largo 89 LLC and AJC Berna Properties ` {
LLC (the "applicants") requesting that the
Monroe County Board of County
Commissioners ("BOCC") voluntarily
renounce disclaim and abandon Monroe "t �� a
County s interest in a portion of Kay Drives , _n ;
ul)
Key Largo, Monroe County, Florida, as 2 x 'u = = =
shown on the plat of Key Largo Trailer °;< < 14
Village, Plat Book 5, Page 43 and the plat ` "� ,
5
of Key Largo Trailer Village First Addition, � � '
Plat Book 5, Page 55
The two applicants represented by the agent
own the parcels located on the east (outlined above in blue) and on the west (outlined above in
yellow) of the right-of-way requested for voluntary County abandonment.
As indicated in the applicants' application, the applicants have proposed for Monroe County to
abandon that certain above-referenced portion of the Kay Drive right-of-way on the represented
Packet Pg. 2457
L.4
basis of"safety and security due to unauthorized use and frequent trespass by third parties disturbing
the peace."
The area the applicants have requested voluntary County abandonment of is a portion of that certain
portion of the Kay Drive right-of-way outlined in in the figure below in the left column and
shown as Parcel "A" with hatching in the right column.
fw
� ,; LZT is
ce)
MY LPM
TRAM VUJ-AM
71
�.
N
t3} f _ fS1i
1J,f
t a
///
r <
u. .
bt
113 1
This request for voluntary abandonment of the subject public right-of-way has been reviewed by the
Monroe County Planning and Environmental Resources Department's professional staff and utility
providers. The following comments were receieved from utility providers and Monroe County's
professional staff:
Florida Keys Electric Cooperative
Grant of Easement, signed October 23, 2020
Key Largo Wastewater Treatment District
Letter of coordination dated October 15, 2021
No utility easement or relocation required.
AT&T, dated November 3, 2021
An email from Jim Yaeager, GEO Manager/ BIC of AT&T indicated that"nothing further is
need from AT&T. FKEC allows us to use their easement when supporting our facilities on
their poles."
Comeast, dated September 21, 2021
Packet Pg. 2458
L.4
An email from Leonard Mawell-Newbold of Comcast that Comcast has no objection to this
proposed abandonment as their utility pole is not affected by the proposed abandonment.
Florida Keys Aqueduct Authority, dated January 26, 2021
A copy of an agenda item from a meeting dated January 26, 2021 from the Board of Directors
of FKAA was provided. This agenda item indicated there is no objection to the abandonment
of a portion of Kay Drive.
Monroe County Fire Marshal, dated January 15, 2021
The Monroe County Fire Marshal's Office proposes no objection to the petition.
Monroe County Code Compliance, dated September 9, 2021
Code Compliance has no objection to the proposeed road abandonment at this time.
Monroe County Sheriff's Office, dated March 30, 2021
Although no objections were stated, it was noted that the abandonment would restrict water
access to Tarpon Basin.
Monroe County Engineering Department
Comments pending from Engineering.
Consistencv with the Code of Ordinances and Kev Largo Livable Communikevs Plan
The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in
Chapter 19, Article I, Section 19-1 Abandonment ofrights-of-way.
Monroe County Code Section 19-1 -Abandonment of rights-of-way states:
(a) All applications for the abandonment of public rights-of-way shall demonstrate the right-
of-way is no longer required for public use and convenience. Any proposed abandonment must
demonstrate that such action will not adversely affect public safety or convenience or
otherwise have a negative impact on the county system of streets or public or private utility
facilities.
The application requesting voluntary abandonment of this Monroe County/public right-of-way has
not demonstrated that the instant public right-of-way is no longer required for public use and
convenience.
There are several action items in the Key Largo Livable Communikeys Plans ("Key Largo LCP")
that indicate the importance of preserving access to shorelines. The Key Largo LCP is adopted as an
addendum to the Monroe County Comprehensive Plan ("Comprehensive Plan"). The terms Strategy
and Action Item serve as equivalents to the terms Objective and Policy as they are defined in Rule
9J-5.003, Florida Administrative Code ("F.A.C."). Strategies and Action Items with a checkmark in
the Key Largo LCP are considered to be consistent with the definitions set forth in Rule 9J-5.003
F.A.C..
One of the identified Planning Objectives of the Key Largo LCP was to "Secure community access
Packet Pg. 2459
L.4
to the waterfront. Key Largo, while surrounded by water, has relatively few water access points for
the community."
Key Largo LCP
Action Item 9.1.3: Water access shall be preserved and maintained in the public interest.
Prohibit the abandonment of roads that end at the shoreline, including those listed in Table 6
[Table 8i1.
`1'aabk 8-
Crrajnty Right- Ma,,ys Ending al the Shomfine
7-106 tl(v aiisid: 97—10i B aysid
Ocean Drive Ocem Bay
Coral 8v ease t
Avemie Shore
Cb o Plum, Kay,
Harbor Rod E€
Canal Road 1)
Ocean Shores Road,F
tariaaa Cmi a3
]ones Road Craaae
Bol,lef la € ollitar
Ram Suarnawrlmid
1 o lu mo'
Barracuda
Oceama
Taylor
Action Item 9.3.4: Prioritize the acquisition of public recreational lands to maximize the
preservation of scenic vistas, undeveloped views, and access to water resources.
Strategy 9.4. Protect and maintain all existing public shoreline access points within the
planning area.
Action Item 9.4.1: Identify potential shoreline access points and parcels within the planning
area.
Action Item 9.4.2: County-owned land with access to the shoreline shall not be abandoned by
the county
Action Item 9.4.3: Reclaim county-owned public shoreline access points.
Action Item 9.4.4: Identify and post signage at all public access points whether active or
passive sites to identify county ownership and applicable county regulations.
Action Item 9.4.5: Work with interested residents to provide low-impact amenities at public
access points within their neighborhoods.
a It appears that there is a scrivener's error within the LCP. Table 6 provides a list of uses;Table 8 indicates County
Right-of Ways Ending at the Shoreline.
Packet Pg. 2460
L.4
(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
The subject platted public right-of-way terminates in water in both of the affected plats and is
identified in the Key Largo LCP as a right-of-way that ends at the shoreline. It should be noted that
there is additional upland between the platted shoreline and the present day shoreline. This upland
area is not reflected on the plats; however, it provides direct access to a body of open water.
Additionally, there are specific action items within the Key Largo Livable Communikeys Plan
directly related to potential abandonments of rights-of-way that end at the shoreline. Action Item
9.1.3 states that water access shall be preserved and maintained and prohibits the abandonment of
rights-of-way that end at the shoreline and references a Table [8] in the Key Largo LCP which lists
Kay Drive.
Therefore, an abandonment of this portion of Kay Drive would be inconsistent with the Key Largo
Livable Communikeys Plan. Specifically, the proposed abandonment is inconsistent with:
Action Item 9.1.3: Water access shall be preserved and maintained in the public interest.
Prohibit the abandonment of roads that end at the shoreline, including those listed in Table 6
[Table 821.
r ahte
County Right, _-1«ays Ending at the Shamline
7—106 Ocemislde,, 97 111,6 4saYs1de
Ocean Drive OCM, 13 ay
Coral v81s �
n- Ave11ue11N-C
Coco Plum Kays
Harbor Road 1 r
Canai lit?ad 1,)
Ocean Rhores Road 1
Mama Cana]
Jows RoaJ Cram
Oceanview 11ohiclan a
Bonefish 130111 to
Bass sallti1.i rhl-�Ie3
Pompano
Barracuda
Oce ml
Taylor
Strategy 9.4. Protect and maintain all existing public shoreline access points within the
planning area.
Action Item 9.4.2: County-owned land with access to the shoreline shall not be abandoned by
the county.
Action Item 9.4.3: Reclaim county-owned public shoreline access points.
It appears that there is a scrivener's error within the LCP. Table 6 provides a list of uses;Table 8 indicates County
Right-of Ways Ending at the Shoreline.
Packet Pg. 2461
L.4
The Key Largo LCP and the Code specifically utilizes the word "shall". As used in the LCP and
County Code, the word "shall" is a term of obligation and means the County "must not" abandon a
right-of-way that meets the criteria set forth in this subsection or identified in Action Item 9.1.3 of
the LCP.
(2) The right-of-way provides access to the public to land on open water; or
The public right-of-way which the applicants have requested voluntary County abandonment of
provides clear and direct access for the public to land on open water. The applicants' request for
voluntary abandonment of this portion of the Kay Drive public right-of-way is to alleviate perceived
unauthorized use of land on open water, and use of said open water. The right-of-way provides
lawful access by the public to the land, and consequently, the open water.
The proposed right-of-way abandonment is inconsistent with Action Item 9-1.3 and Strategy 4 of the
Key Largo LCP.
(3) The abandonment would preclude a way for the public to maintain access to the water.
The requested voluntary abandonment of this public right-of-way would preclude a way for the
public to maintain access to the water. If the instant portion of the Kay Drive public right-of-way is
abandoned, the underlying land is divided amongst adjacent landowners and, in this case, would
become private property. As such and based upon the applicants' indicated reasons to request the
County's voluntary abandonment of this portion of the instant public right-of-way, it is highly
unlikely that the applicants would maintain public access to this body of water.
Packet Pg. 2462
L.4
f'Z
w
t '4
3 aE
-(`;'�$I�>!}♦�(yti ,ifl��\!S� ,.r��{(}, sr srr,(11 ;,r t}}t)}{}�{Z}}��t i{)t�il��}{1�}1r'rirt�ktt l}}?,SSNIt,,„lsri.hjt}}ti istSi,,;t, ,S\�2 ,k11 iah i \ ,'tip r�" s rak_,-.
R1 1
.Ii la slot ,tr),�StSti<rt�{Y`115�1}.: Z{tlt��(t S s
+�, 4
t,
Photo: February 1, 2022
(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
Monroe County Code Section 19-1(c) is not applicable to the subject application as the proposed
abandonment is precluded from abandonment based on the criteria set forth in Section 19-1(b) and
analyzed above.
(d) All right of way abandonments shall comply with the County Code and Standard
Engineering requirements for road, turn-around and fire-rescue access. If required for safety
purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn-around
area shall be shown on the submitted survey and shall be agreed to in writing and constructed
with payment by the property owner(s) requesting abandonment.
The Fire Marshal did not require a turn-around area.
Comments from Monroe County Engineering are pending.
Packet Pg. 2463
L.4
(e) A right of way may be abandoned only at the terminal portion of the road and in its full
width unless one of the following applies;
1. An adjacent lot owner has on the platted right-of-way or within a setback a
substantial structure which predates the Special Session Law 59-1578 pertaining to
maps,plats, and right-of-way. The term "substantial structure" specifically does not
include wood or metal fences, sheds or tiki huts or other items not listed which are
accessory structures; or
2. The abandonment is requested by a County department or governmental agency for
a public use; for purposes of this subsection public use is a public facility and/or
public/private utility; or
3. The right of way area is unusual in size or shape and after abandonment the
remaining right of way width will be the same on both sides of the abandonment as
shown in Example 1.
Monroe County Code Section 19-1(e) does not apply to the subjection application.
The requested abandonment of a portion of the right-of-way of Kay Drive does not meet the
criteria cited above, is inconsistent with the Key Largo LCP and is therefore not recommended for
abandonment. In order to le-ally abandon the ri,-ht-of-way of Kay Drive, amendments to the Key
Largo LCP and the Code of Ordinances,Section 19-1, are required.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval of this request to advertise and set a
public hearing for March 16, 2022, at the Murray Nelson Government Center, 102050 Overseas
Highway, Key Largo, Monroe County, Florida
DOCUMENTATION:
Resolution to Set Hearing
2021-006 BOCC SR DRAFT 02.01.22
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Packet Pg. 2464
L.4
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: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 02/01/2022 3:17 PM
Peter Morris Completed 02/01/2022 5:24 PM
Purchasing Skipped 02/01/2022 5:41 PM
Budget and Finance Skipped 02/01/2022 5:41 PM
Maria Slavik Skipped 02/01/2022 5:42 PM
Liz Yongue Completed 02/01/2022 5:43 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
Packet Pg. 2465
L.4.a
�r
3 s
4
5 RESOLUTION NO. -2022
6
7 A RESOLUTION SETTING THE DATE, TIME, AND
8 PLACE FOR A PUBLIC HEARING CONCERNING AN _
9 APPLICATION REQUESTING VOLUNTARY
10 ABANDONMENT OF MONROE COUNTY'S INTEREST IN
11 A PORTION OF THE PUBLIC RIGHT-OF-WAY CD
N
cv
12 LOCATEED ON KAY DRIVE, KEY LARGO, MONROE
13 COUNTY, FLORIDA, AS SHOWN ON THE PLAT OF KEY
14 LARGO TRAILER VILLAGE, PLAT BOOK 5, PAGE 43
15 AND THE PLAT OF KEY LARGO TRAILER VILLAGE
16 FIRST ADDITION, PLAT BOOK 5, PAGE 55.
17
18
19 WHEREAS, an application was filed by James Lupino, Esq. of Hershoff, Lupino &
20 Yagel, LLP (the "agent") on behalf of Largo 89, LLC, and AJC Berna Properties, LLC (the
21 "applicants") requesting for the Monroe County Board of County Commissioners ("Monroe E
22 County", "BOCC", "Monroe County", or the "County") to voluntarily renounce, disclaim, and 0
23 abandon a portion of Monroe County's public right-of-way situated as more particularly
24 described below; and
25
26 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
27 necessary to hold a public hearing for Monroe County Board of County Commissioners to
28 publicly consider renouncing its rights to the instant Monroe County right-of-way after
29 publishing due notice of said hearing in accordance with said Chapter; and s
30 N
31 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
32 a public hearing to decide whether or not to voluntarily abandon the below-referenced portion of c
r_
33 the public right-of-way described herein in favor of the applicants Largo 89, LLC, and AJC 2
34 Berna Properties, LLC;
0
35
36 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
38
39 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
40 forth herein.
41
42 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a public
43 hearing on March 16, 2022, at the Murray Nelson Government Center, 102050
44 Overseas Highway, Key Largo, Monroe County, Florida, to consider whether or
45 not to voluntarily renounce, disclaim, and abandon Monroe County's public right-of-
File No.2018-179 Page 1 of 4
Packet Pg. 2466
L.4.a
I way more particularly below, in favor of the applicants Largo 89, LLC, and AJC
2 Berna Properties, LLC, to wit:
3
4 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
5
6 DESCRIPTION"A-l"
7 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER
8 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY
9 LARGO TRAILER VILLAGE FIRST ADDITION, recorded in Plat Book 5 at Page
10 55 of the Public Records of Monroe County, Florida and being more particularly
11 described as follows: CD
N
12
13 COMMENCING at the Southwesterly corner of said Lot 16, Block 10, run West
14 along the West projection of the North line of Avenue 'D' for a distance of 20.00 feet
15 to the POINT OF BEGINNING of the Portion of Kay Drive hereinafter described;
16 thence continue West for 20.00 feet to a point on the East line of Lot 1, Block 19,
17 KEY LARGO TRAILER VILLAGE FIRST ADDITION; thence run North along the �-
18 said East line for 15.53 feet to a point on the Platted shoreline of Tarpon Basin;
19 thence run N.70°06' 41"E, along said Platted shoreline for 21.27 feet; thence run
20 South for 22.76 feet back to the POINT OF BEGINNING. Containing 382.9 square
21 feet.
22 C
0
P
Boole 2898
Page 1231
L B a..
I�
4,v � a
Ll L L3 �:t."
L
L L�9
q
cc
1 PARCEL `B'
Official Record fy� St���4��+�`�`�� LOT 16
1 Book 606 � n� BLOCK 10 0
1 Page353 PA I KEY LARGU
� " n -
PARCEL I� TRAILER VILLAGE I
b = �
" t o 9i ' (Plat Hook 5, Page 43) :s:r
Lr'-5h.,refine Z 17'00eI
1 0 ZEST 4h' 1 2U 00, —_ Bp'f Plat
H r n,l Cis
25.00, Pt, � n
I R Y a VEST — —
mix a p0' WEST Bg't Plat
1 0[H I Pt.
Ld
f+4ow ,1 AV E N U E 'A'
1 1 � � �,.�--—— BLOCK 4
J , �I f
23 W 9 =1 /
24
25
26 DESCRIPTION"A-2":
27 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER
28 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY
File No.2018-179 Page 2 of 4
Packet Pg. 2467
L.4.a
I LARGO TRAILER VILLAGE FIRST ADDITION, recorded in Plat Book 5 at Page
2 55 of the Public Records of Monroe County, Florida and being more particularly
3 described as follows:
4
5 BEGINNING at the Southwesterly corner of said Lot 16, Block 10, run West along
6 the West projection of the North line of Avenue "D" for a distance of 20.00 feet;
7 thence run North for 22.76 feet to a point on the Platted shoreline of Tarpon Basin;
8 thence run N.70°06'41"E, along the Platted shoreline for 21.27 feet to a point on the
9 West line of Lot 16, Block 10; thence run South along said West line for 30.00 feet
10 back to the POINT OF BEGINNING. Containing 527.7 square feet.
N
W
Ogficiaxi Recaral I
Book 2898
f! Page 1231
LB
L1 L L � 4L 7 I ;
6
0
z � Plat
n:1 PARCEL 'B' s v sra {n6.
LOT I t8
Official Record pyI h LYT 16
Book P66 � z zn BLOCK 10
Q
Pale1° ti PA CEL KEY LARGO
.'a
ARCLX 44 r 7 v
TRAILER VILLAG-
nPd'A-1" o '4Ptat Hook 5, Page 43Atn m
vr'"srorure a
0 202U' WEST ?049" 8011: Pk¢t
ON
411
ei WEST
Y Q as a QQ . — WEST £o t Plat .`"
i.]1
a P1:J F a-
11 W
I 0 ar5 0 r
0� s AVENIE r
I I �� � `" •� F BLOCK 4
12 w
13 c
14 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
15 liberally construed and enforced in favor of Monroe County to effectuate its public
16 purpose(s) and policy(ies) of the County. The construction and interpretation of this 0
17 resolution and all Monroe County Comprehensive Plan provision(s), Florida Building
18 Code, Florida Statutes, and Monroe County Code(s)provision(s) whose interpretation
19 arises out of, relates to, or is interpreted in connection with this resolution shall be
20 liberally construed and enforced in favor of Monroe County to effectuate its public
21 purpose(s) and policy(ies) of the County, and shall be construed in favor of the
22 BOCC and such construction and interpretation shall be entitled to great weight in
23 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
24
25 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
26 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
27 governmental, and any other similar defense, immunity, exemption, or protection
28 against any suit, cause-of-action, demand, or liability.
File No.2018-179 Page 3 of 4
Packet Pg. 2468
L.4.a
1
2 Section 5. Severability. If any provision of this resolution, or any part or portion thereof, is held
3 to be invalid or unenforceable by any administrative hearing officer or court of
4 competent jurisdiction, the invalidity or unenforceability of such provision, or any
5 part 1 or portion thereof, shall neither limit nor impair the operation, enforceability, or
6 validity of any other provision of this resolution, or any remaining part(s) or
7 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or
8 portion(s)thereof, shall continue unimpaired in full force and effect.
9
10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, N
CD
I Florida, at a regular meeting held on the day of 2022. N
12 c
13 Mayor David Rice
14 Mayor Pro Tem Craig Cates
15 Commissioner Michelle Coldiron
16 Commissioner District Three VACANT
17 Commissioner Holly Merrill Raschein
18
19 BOARD OF COUNTY COMMISSIONERS ,
20 OF MONROE COUNTY, FLORIDA
21 E
22 BY:
23 MAYOR DAVID RICE
24 (SEAL)
25
MONAM COUNTY ATTORNEY
26 ATTEST: KEVIN MADOK, CLERK TR
27 Date: 2/1/22
28
29 AS DEPUTY CLERK
0
c
File No.2018-179 Page 4 of 4
Packet Pg. 2469
rs
2
3 E fflr
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7 cg
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11 0,
12 From: Cheryl Cioffari, AICP, Assistant Director of Planning
13
14 Date: February 1, 2022
15
16 Subject: A public hearing to consider a resolution renouncing and disclaiming any right of the
17 County and the public in and to a portion of the right-of-way of Kay Drive, Key Largo,
18 Monroe County, Florida, as shown on the plat of Key Largo Trailer Village, Plat Book S,
19 Page 43 and the plat ofKey Largo Trailer Village First Addition, Plat Book S, Page SS.
20 (File 2021-006). E
21 0
22
23 Meeting: February 16, 2022—Request to advertise a public hearing
24 March 16,2022—Public Hearing
25 W
26 L REQUEST N
27
28 On January 15, 2021, the Planning andNzou
29 Environmental Resources Department received ��
30 an application from James S. Lupino, Esq. of UC
r
xk
31 Hershoff,Lupino&Yagel,LLP(the"Agent")on ,j a"w 1.�r .
32 behalf of Largo 89, LLC and AJC Berna v)i
4 ''
CD
33 Properties, LLC (the "Applicants")to abandon a S .
34 portion of Kay Drive, Key Largo, Monroe ; �� �; o �` �
35 County Florida as shown on the plat of Key
� �O
36 Largo Trailer Village, Plat Book 5, Page 43 and
f
37 the plat of Key Largo Trailer Village First 4RII
38 Addition,Plat Book 5,Page 55 (File 2021-006). N
39 � ..
. 4 L _ LO =
40 The Applicants own the parcels to the east #? i
41 (outlined in blue) and west (outlined in yellow) '' " i " !
� a
42 of the right-of-way requested for abandonment r , tr U
43 f + ' LO �C
xX2 L0Ll�o
U7
44 As indicated in the Application, the Applicants
45 seek the abandonment for "safety and security '�9 °p '`t
46 due to unauthorized use and frequent trespass by third parties disturbing the peace."
SR BOCC Set Hearing 02.16.2022 Page 1 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2470
I The area proposed for abandonment is aportion of the right-of-way of Kay Drive and is outlined in
2 in the figure below in the left column and shown as Parcel "A" with hatching in the right column.
3
�1 �esu
.d
Fes' S .
4co r f a
L
g C Prr N�
�IDIIFIOIIA � _ -,� CD
I g - F%Q* , E+tl CIO
Itu: 42M �
MY LAM _j
,
+' Sl l�fb.Pf 1 �f�.. >
w 'Vt BEY = tn } ✓ .,iv.sna .._ ., ._... .._......a .� �d9
3: l N Nr
b
0
f�
LffT 14
�M
4 Previous BOCC Actions
5 At the February 16, 2022 BOCC meeting, the BOCC set the public hearing for the proposed right-of-way W
6 abandonment. C44
7 cy
r
8 IL REVIEW OF APPLICATION AND ANALYSIS N
9 CD i
10 The portions of the rights-of-way of Kay Drive are established within two separate plats: Key Largo
11 Trailer Village and Key Largo Trailer Village—First Addition. The plat of Key Largo Trailer Village (PB
12 5, Page 43) was approved by resolution by the Monroe County BOCC on August 14, 1961 and filed for
13 record. The plat of Key Largo Trailer Village(PB 5, Page 55)was approved by resolution by the Monroe v)i
14 County BOCC on April 24, 1962and filed for record.
15
J ct�
i
4t1Y' LAGt.GCI T,I�A:ILER 1/4LLAG KEY LARGO TRAILER VILLAGE-FIRST ADDITION
.c> ' `* A 9@@OIVaSON OF A PORTION OF LOT 31 IN EC TON"'61-34 5 A PORTION OF
-- TRACTS S@11N SECTION 21-61-38 ALL AS PER P@ 0.-P13a
A 51JIbDIV161Ok1 OF LOT 27 f PORTIOPIS CIF LOT!,26 35 y
OF 1,I00EL LAk14 UJ PAx1Y➢LAY RO f
r Ip[{
9C£Y Lb.(LGC? �h1IZCIE C.CYIMTY FLOVIDA
• tt — k
,
4 T
K1+ LN'
tiF i.,
IF
µ
SR BOCC Set Hearing 02.16.2022 Page 2 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2471
I The portion of Kay Drive's right-of-way proposed for abandonment is shown below, indicated as Parcel
2 "A-F and Parcel "A-2", further legally described in Exhibit 1 to the resolution.
3
231 1
k off2 ftecortl $ 2E48
Hecortl
(! Hoak Q P—k
F�a9e 231 IL LA F 9e 1231
N I PARCEL 6
Fei. i LOT 16 LOT
a u asos v,z a oaoiiai a ri?,. y� . .,o $LOCKi 10
1 a s BLOCK 10 ao k 2
KEY LARGO I ae v3sv' EEL 3
mo.o a ----- ----- I - KEY LARGI---
�agclEL I TRADER VD LADE raRcc q TRAILER VILLAGE W
[Fat Eo I.S.Pa9e 97a —' "� q 1 q
J Bd Plpt H ak 5.Pa9e 431 C
z
G�+ _5T W iz4 p° N4'1 cigt 2 zo ao'WL zam ro':aiat L.
4�E q9 q0 I �C3 s p9 ,.
I�i ri I + 1 .�'a I+
q E V
1 as Fi n
Q WEST a A ul5.06' PI
VEST S i
y S54@ VEST 84`3 Plat Q '—IT ®g
1 �~ al W PI I UFQ v I tkb, — 4':—alot —
PL
~
r wl � AVENUE 'W I +ro w "i > AVENUE 'D' aj
�! `� BLOCK 1 a��"a I — -- BLOC >
6
d � m
a
p �I
JWJ + �D' r�t7 n �I Fi i i
4
5 This petition has been reviewed by County staff and written comments were received from the following
6 utilities and County departments:
7 r-
8 Florida Keys Electric Cooperative
9 Grant of Easement, signed October 23 2020
10
11 Key Largo Wastewater Treatment District
12 Letter of coordination dated October 15, 2021 W
13 No utility easement or relocation required. C44
14
15 AT&T, dated November 3,2021
16 An email from Jim Yaeager,GEO Manager/BIC of AT&T indicated that"nothing further is need U-�
17 from AT&T.FKEC allows us to use their easement when supporting our facilities on their poles."
18
19 Comcast, dated September 21, 2021 ��
20 An email from Leonard Mawell-Newbold of Comcast that Comcast has no objection to this UI
21 proposed abandonment as their utility pole is not affected by the proposed abandonment.
22 as
i
23 Florida Keys Aqueduct Authority, dated September 21, 2021CD
24 A copy of an agenda item from a meeting dated January 26, 2021 from the Board of Directors of
25 FKAA was provided. This agenda item indicated there is no objection to the abandonment of a
26 portion of Kay Drive.
27
28 Monroe County Fire Marshal, dated January 15, 2021
e,
29 The Monroe County Fire Marshal's Office proposes no objection to the petition.
30
31 Monroe County Code Compliance, dated September 9, 2021
32 Code Compliance has no objection to the proposeed road abandonment at this time.
33
SR BOCC Set Hearing 02.16.2022 Page 3 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2472
I Monroe County Sheriff's Office, dated March 30, 2021
2 Although no objections were stated, it was noted that the abandonment would restrict water access
3 to Tarpon Basin.
4
5 Monroe County Engineering Department
6 Comments pending from Engineering.
7
8 Consistencv with the Code of Ordinances and Kev Largo Livable Communike sy Plan
9 The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter
10 19, Article I, Section 19-1 Abandonment ofrights-of-way.
11 as
12 Monroe County Code Section 19-1 -Abandonment of rights-of-way states:
13 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of-
14 way is no longer required for public use and convenience. Any proposed abandonment must
15 demonstrate that such action will not adversely affect public safety or convenience or otherwise
16 have a negative impact on the county system of streets or public or private utility facilities.
17
18 The Application for the proposed abandonment has not demonstrated that the right-of-way is no longer
19 required for public use and convenience.
20
21 There are several action items in the Key Largo Livable Communikeys Plans (Key Largo LCP) that
22 indicate the importance of preserving access to shorelines. The Key Largo LCP is adopted as an addendum M
23 to the Monroe County Comprehensive Plan. The terms Strategy and Action Item serve as equivalents to
24 the terms Objective and Policy as they are defined in Rule 9J-5.003, Florida Administrative Code (FAC).
25 Strategies and Action Items with a checkmark in the LCP are considered to be consistent with the
26 definitions set forth in Rule 9J-5.003 FAC. N
27
28 One of the identified Planning Objectives of the Key Largo LCP was to"Secure community access to the
29 waterfront. Key Largo, while surrounded by water, has relatively few water access points for the
30 community."
31
32 Key Largo LCP ��
33 Action Item 9.1.3: Water access shall be preserved and maintained in the UI
34 public interest. Prohibit the abandonment of roads that end at the shoreline,
35 including those listed in Table 6 [Table 81]. aai
36
cv
CD
cv
U
It appears that there is a scrivener's error within the LCP. Table 6 provides a list of uses;Table 8 indicates County Right-of
Ways Ending at the Shoreline.
SR BOCC Set Hearing 02.16.2022 Page 4 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2473
Table 8,
County Right- Ending,M the Shomfine
7—106 t1cvansiaB� 97 —11M Baysid,(�
Occaii Drive; OceaD Bay
CoraB aJ n
() PIUM Kay
'Harbor Road 8
Carnal Road l:)
()semi Sluoros, Road 1 cV
Nl:arinza Canal W
lanes Road 1_rdlae c
0C uie.W Poiim;atia
Bon fth B oInto
Bass Sun aaaerizzaa �
Barracuda
(lc�Yama
Ta 1Dr
2
3 Action Item 9.3.4: Prioritize the acquisition of public recreational lands to as
4 maximize the preservation of scenic vistas, undeveloped views, and access r_
5 to water resources.
6
7 Strategy 9.4. Protect and maintain all existing public shoreline access
8 points within the planning area.
9
10 Action Item 9.4.1: Identify potential shoreline access points and parcels
11 within the planning area.
12
13 Action Item 9.4.2:County-owned land with access to the shoreline shall not U_
14 be abandoned by the county
15 i
16 Action Item 9.4.3:Reclaim county-owned public shoreline access points. U)
17
18 Action Item 9.4.4: Identify and post signage at all public access points
19 whether active or passive sites to identify county ownership and applicable
20 county regulations.
21
22 Action Item 9.4.5` Work with interested residents to provide low-impact
23 amenities at public access points within their neighborhoods.
24 E
25 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
26 (1) The right-of-way terminates on a body of open water; or
27
28 The platted right-of-way terminates in water in both of the affected plats and is identified in the Key Largo
29 LCP as a right-of-way that ends at the shoreline. It should be noted that there is additional upland between
SR BOCC Set Hearing 02.16.2022 Page 5 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2474
I the platted shoreline and the present day shoreline. This upland area is not reflected on the plats; however,
2 it provides direct access to a body of open water.
3
4 Additionally, there are specific action items within the Key Largo Livable Communikeys Plan directly
5 related to potential abandonments of rights-of-way that end at the shoreline. Action Item 9.1.3 states that
6 water access shall be preserved and maintained and prohibits the abandonment of rights-of-way that end
7 at the shoreline and references a Table [8] in the Key Largo LCP which lists Kay Drive.
8
9 Therefore, an abandonment of this portion of Kay Drive would be inconsistent with the Key Largo Livable
10 Communikeys Plan. Specifically, the proposed abandonment is inconsistent with:
11 as
12 Action Item 9.1.3: Water access shall be preserved and maintained in the public
13 interest.Prohibit the abandonment of roads that end at the shoreline,including those
14 listed in Table 6 [Table 82].
6
T.Ak Sr.
County Right- Ending at the Shoreline
97—106 Oi�,(,aanside 97—106 Baat°sid(I
Ocean an Drive Ocean lia~
Coral SN ca w.t '
Avenua:: Shore
Coco Plum, Kay E
Harbor Road 1 r
Canal Road 1)
Ocean Rhores Road F
Marina Canal
onos 1ioad crane
Oceanview Ninciana
13raneftsh Hol ilo
Puss Sunanae rlandPompano C44
cv
Barracuda
�
OC42aram�i
Tgylc>r tV
15 Cc wary CIS2005
16
17 Strategy 9.4.Protect and maintain all existing public shoreline access points within
18 the planning area.
19 v)i
20 Action Item 9.4.2: County-owned land with access to the shoreline shall not be
21 abandoned by the county. M
22 W1
23 Action Item 9.4.3: Reclaim county-owned public shoreline access points.
24
25 The Key Largo LCP and the Code specifically utilizes the word "shall". As used in the LCP and County
26 Code, the word "shall" is a term of obligation and means the County "must not" abandon a right-of-way
27 that meets the criteria set forth in this subsection or identified in Action Item 9.1.3 of the LCP. E
28
29 (2) The right-of-way provides access to the public to land on open water; or
30
It appears that there is a scrivener's error within the LCP. Table 6 provides a list of uses;Table 8 indicates County Right-of
Ways Ending at the Shoreline.
SR BOCC Set Hearing 02.16.2022 Page 6 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2475
I The right-of-way proposed for abandonment provides clear and direct access for the public to land on
2 open water. The Applicants petition to abandon this portion of the right-of-way to alleviate perceived
3 unauthorized use of land on open water, and use of said open water. The right-of-way provides lawful
4 access by the public to the land, and subsequently, the open water.
5
6 The proposed right-of-way abandonment is inconsistent with Action Item 9-1.3 and Strategy 4 of the Key
7 Largo LCP. a
8
9 (3) The abandonment would preclude a way for the public to maintain access to the water.
10
11 The abandonment would preclude a way for the public to maintain access to the water. If the right-of-way as
12 is abandoned,the underlying land is divided amongst adjacent landowners and,in this case,would become
13 private property. As such and based on the Applicants reasons to request the proposed right-of-way
14 abandonment, it is highly unlikely that the Applicants would maintain access to the water for the public.
15
Y wevo
i n,
� 1
i
r
l —
Y:e..
'�{W0'���U��1��3\��it� �
} � iltito-tfAlfft;�r��4 N
N
CO I
ran
{
to
CD
N
CD
U
16
17 Photo: February 1, 2022
18 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
SR BOCC Set Hearing 02.16.2022 Page 7 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2476
1 (1) The right-of-way terminates on a body of open water; or
2 (2) The right-of-way provides access to the public to land on open water; or
3 (3) The abandonment would preclude a way for the public to maintain access to the water.
4
5 LDC Section 19-1(c) is not applicable to the subject application as the proposed abandonment meets
6 the criteria set forth in Section 19-1(b) and analyzed above.
7
8 (d) All right of way abandonments shall comply with the County Code and Standard Engineering
9 requirements for road, turn-around and fire-rescue access. If required for safety purposes, as
10 determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be
11 shown on the submitted survey and shall be agreed to in writing and constructed with payment by as
12 the property owner(s) requesting abandonment.
13
14 The Fire Marshal did not require a turn-around area.
15
16 Comments from Monroe County Engineering are pending.
17 (e)A right of way may be abandoned only at the terminal portion of the road and in its full width
18 unless one of the following applies;
19 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial r_
20 structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and
21 right-of-way. The term "substantial structure" specifically does not include wood or metal
22 fences, sheds or tiki huts or other items not listed which are accessory structures; or
23 2. The abandonment is requested by a County department or governmental agency for a public 0_
24 use; for purposes of this subsection public use is a public facility and/or public/private utility;
25 or
26 3. The right of way area is unusual in size or shape and after abandonment the remaining right
27 of way width will be the same on both sides of the abandonment as shown in Example 1.
28
29 Code Section 19-1(e) does not apply to the subjection application.
30 U)
v)
31 The requested abandonment of a portion of the right-of-way of Kay Drive does not meet the criteria
32 cited above, is inconsistent with the Key Largo LCP and is therefore not recommended for
33 abandonment.In order to le-ally abandon the ri,-ht-of-way of Kay Drive, amendments to the Key Largo
34 LCP and the Code of Ordinances, Section 19-1, are required.
35
cv
36 CD
37 III. STAFF RECOMMENDATION
38
39 Staff recommends denial of the requested right-of-way abandonment as it does not meet the criteria set
40 forth in Code Section 19-1 and is inconsistent with the Key Largo LCP.
41
42 In order to le-ally abandon the rizht-of-way of Kay Drive, amendments to the Key Largo LCP and the
43 Code of Ordinances,Section 19-1, are required.
SR BOCC Set Hearing 02.16.2022 Page 8 of 8
SR BOCC 03.16.2022 File 2021-006
Packet Pg. 2477